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Hereunder some of the submissions made to the Minister in 2000

CHIEF FIRE OFFICERS ASSOCIATION(CFOA) AND

THE DEPT. OF THE ENVIRONMENT AND LOCAL GOVERNMENT

It is true to say that in the past there has been co-operation between Department Officials, both Technical and Administrative, in drawing up guidelines on Fire Safety in various types of premises. The Chief Officers have also worked recently with Principal and Assistant Principal Officers on changes to be made to the legislation. Furthermore the CFOA have held an Annual Conference each year for the past 37 years with the endorsement of the Dept.

Annual meetings with the Department

The Chief Fire Officers Association have also met the Department Officials once a year to discuss matters of mutual interest.

However there always appears to be wariness/defensiveness on the part of the Officials in any of these interchanges, despite the fact that all the meetings are chaired by a Department official and the minutes recorded by a Department official. The Chief Fire Officers Association are interested in furthering the professional and management issues pertinent to the delivery of the their service at these meetings. While differences of opinion and approach will inevitably occur at such meetings, these can always be resolved by meaningful discussion. The Chief Fire Officers have a wealth of experience and are enthusiastic about the Fire Service and are interested in contributing to the strategies for the attainment of fire safety in co-operation with the Department.

It would be beneficial if the frequency of these meetings could be increased so that they could become a partnership forum to develop policy, plans and systems for improvements in the fire service. We would expect that as a result of these meetings, common goals and targets could be identified. Workgroups could then be set up to act as Advisory Committees to service and further these goals and targets.

Matters which these workgroups could look at would be

1. Standards and Codes of Practice for fire safety

2. Guidelines eg training

3. Standard Specifications for stations, vehicles and equipment

4. Standards of Fire Cover and risk assessment

5. Approval procedures for Capital Funding

6. Collection and use of fire statistics

7. Senior Officer recruitment and retention

We acutely appreciate the need to progress the development of standards and guidelines expeditiously but it should be done on a partnership basis

Fire Services Council

At present the Fire Services Council includes,inter alia, nine members who are Officers in the Fire Service, including one Chief Fire Officer.

Bearing in mind that the Chief Fire Officers have Managerial roles as well as Operational and Prevention roles and are answerable to Fire Authority for the efficiency and effectiveness of the whole Services, it is surprising that there is only one Chief Fire Officer on the Council. We are of the opinion that membership should be rebalanced to reflect the pivotal role of Chief Fire Officers in the strategic management of the fire service.

The work of the Fire Service Council in assisting Fire Authorities in the training of all the officers of the Fire Services is critically important to the quality of the service provided by the Fire Authorities. It is essential that the Chief Fire Officers play a greater role in the planning and delivery of this service. It is the policy of the present Council that no member should serve on more than one workgroup and this severely restricts the contribution that the one Chief Fire Officer can make.

It is also considered that the role of the Fire Services Council should be widened to that of a National Training Authority, providing training for Officers and setting training standards for other personnel.

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FIRE SAFETY PROMOTION - A NEW APPROACH

Composition of the National Safety Council

It is a matter of some concern that there is no Chief Fire Officer (or indeed any other person from the Fire Service) on the National Safety Council. While we are aware that one Chief Fire Officer sits on the Fire Committee of the Council, it is felt that the practitioners in fire both in the Fire Safety side in Building and Management Control and in the operational where we have to deal with the consequence of, not alone the failure of Fire Safety but also of Road Safety, should be able to make contributions in the policy-making discussions of the Council. Having regard to our unique expertise and experience in the area of fire safety, this would appear to be the omission of a valuable resource.

Fire Authority Role

It is considered by the Chief Fire Officers Association, that the Fire Authorities should be more actively involved in the promotion of Fire Safety locally. Much good work is already carried by Fire Officers in giving talks on Fire Safety when requested and occasionally seminars are held in order to disseminate the message more generally. Some Fire Officers are involved with the National Safety Council’s Accident Prevention Committees in dealing with Fire Safety for the older person. However, due to scarcity of human resources in the fire authorities there is insufficient time available to Fire Officers to become heavily involved.

Fire Authorities should be given a Statutory Function to promote fire safety.

Each Fire Authority should have a Fire Safety Officer, whose role would be principally in the promotion of fire safety. This person would liaise and co-operate in a partnership program with Schools, Workplace, Places of Public Assembly etc. in raising awareness and providing training in fire safety. A Community Fire Safety programme could be developed with scope for Junior Officers and firefighters to participate, as is happening elsewhere.

Fire Authorities should also have a Statutory duty to investigate and record the causes of fire, and, a system of recording injury and fire loss should also be developed.

Role of the Department of Environment and Local Government

While it is accepted that the Department is involved in the National Safety Council at Council and Fire Committee levels, it is felt that the Minister and the Department should play a more proactive role. As fire safety in the home especially for the older person would be a major factor in national statistics, it would be appropriate that some gesture be made by way of grant aid to retrofit fire safety appliances in the local authority homes of the elderly.

The Dept. should also initiate research projects in areas such as means of reducing fire occurences, attitudes to safety, awareness of fire dangers, response to alarms, use of smoke detectors and sprinklers and related topics. Such studies should point the way forward in developing effective fire safety policies and programmes.

Effectiveness of National Safety Council Programmes

Promotion of Fire Safety Awareness is essential in the fight against death and injuries from fires in all types of premises. The Fire and subsequently the National Safety Council was set up specifically for the purpose of promoting Fire Safety in all aspects of life and in all types of buildings. This is done by the production of leaflets and brochures, by placing Advertisements in the print media and on television. Occasionally conferences are held either regionally or nationally to address issues of fire safety in particular building types or uses.

The effectiveness of these methods of disseminating the message of fire safety should be reviewed, particularly the extent to which they impact in the socio-economic groups where the need for such messages is greatest.

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STRUCTURE OF THE FIRE SERVICE IN LOCAL GOVERNMENT

· The Fire Services structure has been examined in a two reports, i.e. McKinsey “Strengthening of Local Government Service” in 1971 and “Working Party report on the Fire Service” in 1975, both of which recommended an autonomous Fire Service within the Local Authority. It is clear from these reports that the position of Chief Fire Officer(CFO) was envisaged as a senior management post, with the CFO having final responsibility for the discharge of the duties and functions of the Fire Authority and reporting to the County Manager.

These recommendations were essentially put in place by Ministerial direction (LA(P)10/79) and a number of County Managers implemented them. However their further and more extensive implementation was effectively stopped because of perceived conflict with the role and responsibility of the County Engineer’s position.

With the introduction of SPCs, an opportunity is now presented to develop this role for CFOs. This would bring the structure of the fire service management into line with current practice in other EU states where the CFO is directly answerable to a Committee of the Local Council or to the Mayor.

· The Fire Service is the only 24 hour emergency service within the Local Authority, capable of instant response. Over the past 20 years, it has been centrally involved in dealing with all major accidents and incidents affecting communities throughout the country. In each of these Senior Officers played leading roles and were not found wanting. These incidents included fires, rail and road accidents, chemical and pollution incidents as well as serious flooding incidents.

In addition, CFOs have initiated and implemented a number of regional developments to improve the quality of response to emergencies e.g CAMP and rostered availability of Senior Officers. They have also taken on additional responsibilities such as Building Control and Civil Defence.

· In light of this, it is incomprehensible to Senior Fire Officers that the impending restructuring of Local Government does to incorporate the recommendations of the above reports. The service already suffers from very poor morale at all levels as set out below:

Senior Officers

At Senior Officer level the heavy workload and the absence of a worthwhile career path combine to damage confidence and pride in the Fire Service. The standard of training for their operational role has diminished over the past several years and they lack any meaningful input into future policies for their service. Furthermore pay imbalance is such that in many cases Junior Officers earn more than their more Senior colleagues, despite the difference in levels of responsibility.

Retained Fire Service

It is not clear that the Retained Fire Service is adequate on its own without some whole-time structure in larger urban areas. Social changes and labour mobility make it difficult to recruit and maintain enough retained personnel. The service is experiencing a shortage of recruits and a high turnover in personnel. This creates difficulty in sustaining interest in and commitment to the Service.

Wholetime Fire Service

Among full-time firefighters, there is also evidence of frustration and low morale. Some of the factors giving rise to this are limited career structures, lack of standards in training, equipment, operational procedures and duties and the absence of service delivery requirements.

· The Chief Fire Officers Association fears for the future of the Service and indeed are worried that the service may be in serious decline. The low morale at all levels makes more difficult at Senior Officer level to manage and develop the Fire Service.

· The Association requests the Minister to urgently address the needs of the service in the following two ways:

1. Ensure that the Fire Service is properly positioned in the structure of Local Government in accordance with the reports referred to above, and that the status of Senior Officers within the Organisation reflects the senior management responsibility borne by those Officers

2. Ensure that the recently announced review of the Fire Service will include inter alia:

Ø Structure of the Fire Service

Ø Scope and role the Fire Service.

Ø Standards of cover.

Ø Emergency Planning and inter-relationship with other emergency services

Ø Conditions of service and career path.

Ø Training.

Ø Effectiveness of fire safety legislation.

Ø Auxiliary Fire Service

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REVIEW OF FIRE SERVICES & SAFETY LEGISLATION

Introduction

It is the view of the Chief Fire Officers Association that the whole legislative framework for the Fire Service and fire safety promotion and regulation of existing and new buildings as regards fire prevention needs to be overhauled. The following is a list not necessarily exhaustive of the gaps in legislation, which needs to be addressed. Firstly there should be a Fire Safety Act , which would set out basic fire safety to be followed in all situations e.g mandatory provision of smoke detectors in existing private residential accommodation. Then there should be a seamless migration to the regulation of existing public buildings as regards fire safety, leading ultimately to regulatory framework for intervention by emergency services to secure safety in the event of a fire/emergency up to major emergency management.

It is noteworthy also that the Fire Services Act,1981 is modelled on UK legislation in terms of control at fires/incidents and in the use of enforcement powers. However the structure and management of the Irish fire service is not the same as that in the UK or in other EU countries, and this needs to be reviewed.

The following summarises the needs to be addressed for operations & fire and prevention in both new & existing buildings

OPERATIONS

Fire Services Act & Stardust Report Recommendations

Functions of Fire Authority and relationship with DOELG

Stardust Report Recommendations 9.189-9.197 A Fire Service Inspectorate

There is a need to Establish A Fire Service Inspectorate

Section (10) Duty to provide Fire cover "prompt & efficient extinguishment of fires ------" & Stardust Recommendations 9.194

There is a need for National guidance and/or Regulations for delivery of Fire Service by Local Fire Authorities to be set & audited by a National Inspectorate.

F.S.A. Section 15 National Training Centre also Stardust Report 9.207-9.211 & inspectorate & F.S.A. Section 16 Fire Services Council

There is a need to use Fire Services Council & Inspectorate to develop the training area and run a National Training Agency for the Fire Service.

F.S.A. Section 25 Non fire emergencies.

This function is a power under the Act. This function should become a duty with consequent implications for other Sections eg Section 15 Training , Section 10 Fire & Emergency Cover

F.S.A. Section 26 is this a 'plan' of what you have got or what you should/will have

Guidance needed for Local Fire authorities in preparing these statutory plans. There is a need to clarify the relationship between Section 26 Plans and Corporate plans & SPC’S / reserved function.

Statutory basis for Major Emergency Planning

1983 model plan is in need of urgent overhaul in view of revised structures in Local Authorities as a result of BLG & SEVESO II directive in relation to local competent authorities & statutory obligation for exercises .

S.I. 210 of 1987 (Fire Authority) Emergency Operations Regulations will probably have to be re-issued

Revised Doelg advice on Major emergency planning was promised in 1998

The revised guidance will probably include DOELG ‘S views on Interdept Report On Public Safety and the concept of this supremo on public safety regulation

FIRE SAFETY & FIRE PREVENTION

Community Fire safety should become a statutory duty for Local Authorities under A new Fire Safety Act

Regulation of existing Buildings Fire Services Act Revised

Buildings to be covered

Section 18(1) private houses will still be exempt

There is a need to clarify Status of Houses in multiple occupation, Convents, students homes nurses homes , etc.Note UK are considering Introducing A Licencing Sysyem For HMO'S; Scotland have already done so

Workplaces & F.S.A. Section 18

Clarification is needed from the Department in relation to the implementation and transposition of the outstanding general fire precautions element of the European community’s Framework (89/391/EEC) & Workplace Directive (89/654/EEC) into Irish Law, particularly as responsibility for Fire Safety in Factories and other workplaces lies with Fire Authorities under S.I. no 319 of 1989 and not with the H.S.A see Annex 1 & 2 of Workplace Directive The overlap between H.S.A in relation to process fire safety and Fire Authority in relation to workplace Fire Safety regulation needs to be addressed particularly in relation to SEVESO II Regulations for high risk chemical and other process plants

Registration of Nursing Homes , Hotels & Guesthouses Crèches etc how are these premises (i.e. their registration under Dept Of Health , Bord Failte Regulations ?) going to be linked more into Fire Services Act 1981 or it’s successor

Repeal And Consolidation Of All Pre 1981 Legislation into a new Legal Code

SECTION 11(1) (a) Dangerous Substances ACT 1972 & associated regulations (currently being reformed by H.S.A.) &Air Pollution Act 1987 V.O.C Regulations 1997 Implementing EC directive 94/63/EC

SECTION 11(1) (b) Explosives Act 1875

SECTION 11(2) (b) Office premises Act 1958

SECTION 11(3) Public Health Acts Amendment Act 1890 places of public resort

Section 13 There is a need to clarify the status of this Section as a result of Planning Act 2000

Section 24 There is need a system of acknowledgement to be sent to the Courts at Annual Licencing before annual licence issues

Licencing Acts 1833 & court rules

Only 28 days notice to Fire Authority is required , but 21 days needed to lodge objection, This only leaves 7 days which is too short

Indoor licencing bill

Fire Safety Notices serving & extinguishing difficulties; Prosecution difficulties as a result of GAA case , and necessity for quick access to District Court to prosecute; all these issues are being being addressed in Indoor Licencing Bill

Outdoor events

Organised (Ploughing etc.) and disorganised (Fleadh Ceol, All Ireland victory in Cork, etc.) - on-street an off-street

PLANNING ACT 2000 Part XVI Sections 229-241 Larger Local Authority t Regulations ? Licencing & Statutory Codes of Practice. There is a need to clarify the current position re Regulation.

Section 18(2) general duty of care , & Section 18(4) Fire Prevention Advice

It is necessary in our view to make Section 18(4) functions e.g. fire prevention advice and inspections and validation of written risk assessments by owner/occupier a duty for Fire Authorities under the Fire Services Act or it's successor for designated high risk premises, see Scottish Office consultation Document Fire Safety Legislation For The Future November 1997, without undermining the concept of duty of care.

Section 22 powers of inspection only And Section 37

Fire Safety management Regulations for places of public resort are urgently required as recommended in Stardust Report Section 9.118

During Performance Inspections

There is a need to decide should fire officers be given powers personally as opposed to the Fire Authority to enforce Fire Safety regulations rather than at present with powers of inspection only.

Public order is normally a matter for the Gardai & and public safety as opposed to public order -is a matter for the Fire Authority. There is need for clarity in this area , in particular in relation to responsibilties and Liabilities ? Will joint inspections be necessary ? between two agencies ETC

Enforcement

The issue of technical staffing is critical to successful enforcement assuming that the Regulatory Framework is resolved. Recommendations 9.168-9.170 of Stardust report should be revisited in any reform of enforcement/ regulatory system.

Implementation of all parts of Building Control Act 1990

New Buildings & building regulations

Our Hybrid System Between Self Regulation And Local Government Regulation Is Not Working Effectively We recommend the Enacting the following Sections Of Building Control Act 1990

SECTION 6(2)(a)(i)Certificates of Compliance Private

SECTION 6(2)(a)(Iii)Certificates of Approval by Local Authorities

Plan approval only applies to Part B Fire Safety Certificate Applications .

Fire authority professional resources are solely concentrated on this area at the Expense Of Existing Buildings Inspections leading to low morale in the Fire Prevention Depts.

Difficulties with processing and approving or not approving retrospective Fire Safety Certificates Applications are still ongoing and have not been satisfactorily resolved since 1992 despite new regulations in 1997. We understand that BRAB are considering this matter with revised proposals. Note It may not be appropriate in our view to cherry pick UK concepts in the absence of full plan approval systems for all parts of the Building Regulations

There is a need for Seamless migration of regulation of fire safety from new to existing building i.e Building Control Act to —Fire Services Act

New regulations/Guidance are needed to clarify this aspect from completion to occupancy

We think that the concept of completion certificate/occupancy certificate as envisaged in Home Office Consultation Document In 1997 i.e A Licencing Type. Approval System by local authorities of designated high risk type premises should be considered as a model by the DOELG

Conclusion

It can be seen that there is an urgent need to overhaul and rationalise the legislative framework underpinning the Fire service and the regulation of existing and new Buildings and other premises as regards fire safety. The above is a brief overview of the position and the CFOA is willing to enter into partnership with DOELG and other interested parties to address the above deficiencies

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