Enforcement
Inspectors have powers to enter premises for the purposes of undertaking routine fire safety inspections. They can also close (prohibit) or restrict the use of unsafe buildings, issue other legal notices which enforce compliance with current fire safety legislation. Failure to comply with a notice is an ordinarily a criminal offence.
Most routine inspections result in minor failings being found and this is normally dealt with by a report which asks for the deficiencies to addressed within a certain timescale. More serious cases however may warrant that immediate action is taken to reduce the risk to building occupants. In some cases the buildings may be closed or the use of the building restricted because of a deemed risk to public and building occupant's safety.
Inspectors also have powers investigate the commission of an offence, and where a person or organisation is suspected of committing an offence which has specifically put persons at imminent risk of injury or death those persons or organisations are usually prosecuted.
All suspects are cautioned and invited to attend a "PACE Interview". A PACE interview is a taped interview, under the provisions of Code E issued under the Police and Criminal Evidence Act 1984, where suspects are placed under caution and asked questions pertinent to the investigation. Transcripts of the interview can then be used in court.
Enforcing authorities
Different organisations enforce fire safety legislation depending on the nature of the premises. They are defined as "Enforcing Authorities", and are:
- A fire and rescue authority. They enforce all premises within their area, with the exception of any premises that fall within the scope of the following enforcing authorities.
- The Health and Safety Executive (HSE) are the enforcing authority for the following premises:
- premises licensed under section 1 of the Nuclear Installations Act 1965 (except for Crown premises)
- a Royal Navy ship under repair, construction, or conversion by any person other than the master or crew of that ship.
- a construction site or building under reconstruction as a whole (note; if the premises is partly occupied, the enforcing authority will default to another applicable enforcing authority).
- The fire service maintained by the Secretary of Defence (the MOD Fire Service) for all armed forces premises except Royal Navy ships as mentioned above.
- A local authority for sports stadia/stands
- A fire inspector, for any premises which are owned or occupied by the Crown.
Note: There is a distinct difference between an "inspector" and a "fire inspector".
1. "Inspector" is a person appointed by one of the first four authorities listed above, and are appointed to enable that authority (as an entity) to discharge its duties under the order. Therefore, any 'notice' issued by an inspector on a premises, is done so in the name of that authority.
2. Although in law a "fire inspector" is a person appointed directly by the secretary of state to enforce fire safety standards in Crown premises and is as such a person appointed as an 'enforcing authority' in their own right, the term fire inspector refers more widely to any inspector who enforces fire safety legislation.