Page 8 - ALG Issue 3 2021

legal matters
Fire safety on allotment sites
Recently there have been many reports of fires on allotment association premises. It is necessary to be aware of your responsibilities and ways in which these events could be prevented.
Fires need three things to start – a source of ignition (heat), a source of fuel (something that burns), and oxygen:
• Sourcesofignitionincludeheaters,
lighting, naked flames, electrical equipment, smokers' materials (cigarettes, matches etc.), and anything else that can get very hot or cause sparks.
• Sources of fuel include wood, paper, plastic, rubber or foam, loose packaging materials, waste rubbish and furniture.
• Sources of oxygen include the air around us.
WHAT DO ASSOCIATIONS/ COUNCILS NEED TO BE AWARE OF? Despite the ever-increasing numbers of volunteers in all organisations (approximately 22 million people volunteer each year), the legal obligations towards these people with regard to health and safety are less clear than they are for employees. However, associations/councils do have legal obligations towards their volunteers, and it is good practice
to treat volunteers with equal consideration when it comes to health and safety and indeed the Health and Safety Executive (HSE) recommend this. Therefore, the creation of a
Health and Safety Policy and Risk/
Fire Assessment is an excellent basis,
along with a robust Tenancy Agreement outlining clear rules along with policies and procedures covering bonfires, use of barbecues and storage of fuel on site.
The Regulatory Reform (Fire Safety) Order 2005 is the current legislation for England and Wales; in Scotland it is the Fire (Scotland) Act 2005.
WHAT DO SELF-MANAGED ASSOCIATIONS AND COUNCILS WITH DIRECT LET SITES NEED TO DO?
Under the order, anyone, who has control of premises, or anyone, who has a degree of control over certain areas, may be the ‘responsible person’. This would include an occupier such as a self-employed person or a volunteer organisation if they have control.
• Anemployer
• Theowner
• Thelandlord
• Anoccupier
You are known as the ‘responsible person’. If there’s more than one responsible person, you have to work together to meet your responsibilities; this would include the Self- Management Committee. Employers (and/or building owners or occupiers) must carry out a fire safety risk assessment and keep it up to date. This shares the same approach as health and safety risk assessments and can be carried out either as part of an overall risk assessment or as a separate exercise.
Fires need three things to start – a source of ignition (heat),
a source of fuel (something that burns), and oxygen
FIRE SAFETY RISK ASSESSMENT
1. IDENTIFY FIRE HAZARDS
• Sources of ignition • Sources of fuel
• Sources of oxygen
2. IDENTIFY PEOPLE AT RISK
• People in and around the site
• People who are especially at risk;
you may have disabled tenants
3. EVALUATE, REMOVE OR REDUCE AND PROTECT FROM RISK
• Evaluate the risk of a fire starting
• Evaluate the risk to people from
the fire starting
• Remove or reduce fire hazards
• Protect people by providing fire
precautions
4. RECORD, PLAN, INFORM, INSTRUCT
• Record major findings
• Discuss the work required
• Prepare an emergency plan
• Inform and instruct tenants
• Where necessary, provide
training
5. REVIEW
• Reviewthefireriskassessment regularly
• Makechangeswherenecessary
KEY POINTS TO REMEMBER:
• Thinkabouttherisksoffireand explosions from the substances you use or create on your site and consider how you might remove or reduce the risks.
• Usesuppliersafetydatasheetsas
a source of information about which substances that might be flammable.
• Considerreducingthenumberof flammable/explosive substances you store on site.
• Keepapartsourcesofignition(e.g., naked flames, sparks) and substances that burn (e.g., vapour, dusts).
• Getridofflammable/explosive substances safely.
• Reviewyourriskassessment regularly.
• Maintaingoodhousekeeping,e.g., avoid build-up of rubbish, dust or grease that could start a fire or make one worse.
Further information on Fire Safety can be obtained from www.hse.gov.uk.
Liz Bunting, Legal and Operations Manager
8 Allotment and Leisure Gardener