1. Purpose and Context
The purpose of this strategy is to explain what North Yorkshire Fire and Rescue Service’s Protection Team, is going to do to prevent harm, up until March 2025.
As a Fire and Rescue Authority, North Yorkshire Fire and Rescue Service has many legal responsibilities but in summary we must:
- Extinguish fires
- Protect life and property in the event of fires
- Rescue and protect people in the event of a road traffic collision
- Rescue and protect people in the event of other emergencies
- React to civil emergencies (for example a terrorist incident)
- Promote fire safety (for the purposes of prevention)
The Fire and Rescue National Framework also states that we must:
- Identify and assess the full range of foreseeable fire and rescue related risks in our area
- Make provision for prevention and protection activities and respond to incidents appropriately
- Work in partnership with communities and partners locally and nationally to deliver our service
- Be accountable to communities for the service we provide
There are many other factors which drive and impact our work.
2. Introduction
North Yorkshire Fire and Rescue Service (NYFRS) is required to produce a Community Risk Management Plan (CRMP), this requirement is set out in the National Framework for Fire and Rescue Authorities. In NYFRS the CRMP is known as the Risk and Resource Model (RRM) which sets out the service strategy to remove, reduce and mitigate risk. It also sets out how we will fulfil our statutory duties and deliver against the Police, Fire and Crime Commissioner’s Fire and Rescue Plan 2022-25 by prioritising prevention and protection activity.
NYFRS have a responsibility to protect the built environment within North Yorkshire and the City of York, this includes workplaces and premises to which the public have access. It also includes other premises to which the Regulatory Reform (Fire Safety) Order 2005 applies, for example communal areas in residential premises such as high-rise buildings or Houses in Multiple Occupation.
This protection strategy 2023-25 sets out how NYFRS will understand and assess risk relating to the built environment and use its specialist protection resources to manage risk as efficiently and effectively as possible.
3. Protection
Protection activity is one of the ways in which NYFRS seeks to reduce risk to both the communities and our staff, it links with the Prevention and Response arms of the service.
All our staff have a part to play in helping to reduce risk through engagement, advice, regulatory activity in simple premises or referring to partner organisations. Protection specialists provide a deeper understanding supported by specific competencies to deliver expertise and guidance. They are also responsible for the regulatory work in complex premises, undertaking enforcement activity and carrying out formal fire safety consultations.
Our Risk Based Inspection Programme (RBIP) sets out which premises will be inspected by specialist staff and which will be inspected by operational crews with the appropriate level of competency. Alongside the RBIP the Protection department reacts to emerging risk and changes in priority at both national and local level to focus activity where it will have the greatest impact on reducing risk.
4. Priorities
The RRM provides overarching priorities for the service, some of which are specifically related to Protection.
- Creation of new roles to allow staff to specialize earlier in their career and increase succession pathways and capability by making roles permanent that are currently funded by Government grants.
- Create career pathways for all Protection staff.
- Work with regional FRS to collaborate and share resources, best practice specifically across fire engineering, training, and enforcement where possible.
- Align to changes and emerging new legislative requirements and national frameworks.
The Protection department has several priorities aligned with the RRM that help strengthen the service provided by the department.
- Review and align the RBIP to premises that present the greatest risk to the communities, ensuring the correct level of trained staff is assigned.
- Review the enforcement policy and ensure a specialist out of hours provision is provided to enforce legislation appropriately.
- Develop key performance and evaluation indicators to clearly demonstrate performance.
- Align to the NFCC fire standards relating to Protection.
- Succession plan for specialist roles to ensure training and support is provided to allow staff to reach their potential.
- Develop the Protection quality assurance framework to ensure staff are delivering to the correct standard and there is a consistent approach across the service.
- Utilise new and innovative data sources and information to deliver the Protection Strategy with increased efficiency and effectiveness.
5. Responsibilities
- The Director of Community Risk and Resilience is the responsible for the Protection Strategy.
- The Head of Protection is responsible for the delivery of agreed strategy.
- The Head of Protection is responsible for the production and reporting of performance and assurance indicators at the Service Delivery Performance meetings.
- The Head of Protection is responsible for advising the ‘Fire Authority’ of intentions to prosecute and seek authority to prosecute where applicable.
Competencies and Training
Fire protection requires specifically trained and competent staff to deliver high quality regulatory activity.
NYFRS is committed to ensuring the protection department is consistent with the NFCC regulators code of ethics alongside NYFRS ethical behaviors. The NFCC competency framework is adopted by NYFRS as the guiding principles for regulatory competence. A specific training team within Protection has been adopted to ensure the appropriate Continuous Professional Development (CPD) is facilitated for specialist staff and operational staff alike. CPD comes in many forms and there are regular formal opportunities facilitated by the team for protection specialists. The team also help to ensure we meet the NFCC Fire Standard for Protection and identify any gaps that require specific actions.
More recently there have been lots of changes in guidance and statute which places a greater emphasis on protection activity, we are committed to ensuring that NYFRS continues to provide a specialist capability aligned to the competency framework. This includes the work we have done to identify and work with Higher Risk Premises (HRPs), defined in legislation as Higher Risk/High Rise Residential Buildings.
Our staff are trained to the requirements of the framework and are trained and accredited by specialist providers. Our specialist fire safety inspectors that undertake work on (HRPs) are independently assessed and working towards registration with a professional body.
The protection training team led by the Protection Central and Projects Station Manager has implemented a quality assurance framework and matrix which seeks to suitably assure that consistency, knowledge, and understanding is applied across all staff undertaking protection work. This is a continual rolling programme of assurance and built into the protection performance framework.
6. Risk Based Inspection Programme
We operate a Risk Based Inspection Programme (RBIP) based on nationally recognised principles. We tailor the approach to meet the risk at local level pertinent to relevant data and intelligence.
North Yorkshire and the City of York have more than 50,000 properties that fall within the prescribed definition for regulation. It is not feasible to carry out audit activity at them all and therefore we use a risk-based approach to direct our resources towards premises which have the greatest potential to cause harm. Our aim is to manage risk in the built environment to a level that is as low as practicable.
The data we hold is required to be cleansed and accurate in both accounts to calculate risk and complexity ratings of buildings by type, known as building categories. There is an ongoing programme planned utilising workflows and manual updates to prioritise this activity to allow a clear determination when allocating new and existing premises for regulatory activity. Data cleansing work and system upgrades currently being undertaken will allow us to transition to a Risk Basked Interventions Programme in line with the draft NFCC RBIP guidance.
In general:
- Our current methodology allocates a generic risk score and five category levels (between Very High and Very Low) to occupancy categories. This generic risk score is refined further following information gathered during an audit and levels of compliance. We will regulate those buildings where the risk is found to be high or very high on a more frequent basis.
- We will regulate premises where people sleep (Houses of Multiple Occupancy HMO and other sleeping premises) in a collaborative approach with primary regulators.
- We will also regulate and offer advice to other stakeholders on other buildings where people are unfamiliar with the premises (pubs, nightclubs, theatres etc.)
There are several other factors considered in determining audit activity, in particular the priority and frequency.
These include:
- National and local determining trends and factors on risk.
- Previous history of fires at premises.
- The height of the premises as taller buildings requires a greater degree of fire safety management, systems, and construction.
- Previous audit activity indicating any compliance issues.
- Trusted partner agencies sharing information that indicates a premises greater risk (e.g. Local Authority reporting concerns)
The high-risk premises will be audited more frequently and by specialist Protection staff on a scheduled basis. Premises that are lower risk will have appropriate interventions to identify the correct risk score and adjusted where necessary. These interventions are carried out by suitably trained operational crews (non – specialist) to ensure that the responsible person is complying with their statutory requirements of the FSO.
Interventions are not only derived from the RBIP and as such our protection department carry out inspections and audits, following fire incidents (after the fire audits), following complaints or concerns and in partnership with other authorities where their inspection information constitutes potential fire risk. Complaints are dealt with in line with a specific complaints policy and are usually resolved in an informal way, although some do require a more detailed formal approach. We will respond to all complaints that indicate a potential risk and potential breaches in fire safety legislation and we will do so in a timely manner.
7. Enforcement
The Regulatory Reform (Fire Safety) Order 2005 imposes a duty on NYFRS to enforce fire safety standards in most non-residential and shared residential buildings within the county.
Our main aim is to support compliance through effective engagement and guidance, this is done through business engagement, campaigns, and proactive visible support for businesses throughout North Yorkshire and the City of York. However, our job is also to regulate and therefore we must be robust but fair when it comes to enforcement.
We have a specific Enforcement Policy which goes into much more detail but in general the following principles apply.
- We will follow the principles of better regulation set out in the Statutory Code of Compliance for Regulators and the Enforcement Concordat.
- We will utilise all available interventions including enforcement action in line with our Enforcement Policy, maintaining consistency, proportionality, transparency, and accountability.
- We will investigate breaches in fire safety law in accordance with PACE codes of practice and prosecute where justified if the offence meets the evidential and public interest tests.
- We will ensure we can adequately investigate and carry out enforcement 24 hours a day by providing a robust out of hours provision.
Where other Health and Safety enforcing authorities have a regulatory interest in a particular premises, details will be forwarded to the appropriate agency, for example if apparently dangerous conditions or practices (not related to fire) are noted in a workplace.
8. Consultation
NYFRS is a ‘Responsible Authority’ within the Licensing Act 2003, our consultation activity directly supports ‘Public Safety’ which is one of the licensing objectives. Notwithstanding ‘Public Safety’ NYFRS actively contributes to the further three primary objectives through an understanding of the wider licensing remit and responsibility.
NYFRS is a statutory consultee under Building Regulations for any premises which would be, when occupied, covered by the Regulatory Reform (Fire Safety) Order (FSO).
We discharge our duty as a consultee through a partnership approach, our specialist staff undertake consultations in a timely manner and work as a professional trusted partner.
We manage the consultations between the specialist officers within the department to ensure that statutory timescales for responses are always met.
The protection specialist officers receive and respond to planning consultations from North Yorkshire Council, City of York Council and the National Parks Authorities representing the Yorkshire Dales and Yorkshire Moors National Parks.
The protection department is an active member of regional and national groups, working with protection colleagues in other services and with the National Fire Chiefs Council. The work focusses on sharing best practice and driving improvement, responding to consultations is part of the work undertaken. The recent addition of the Building Safety Regulator (BSR) Inspector role will enhance the regional approach in providing specialist advice and assurance to the Health and Safety Executive (HSE) for existing and new designs for High-Risk Premises (HRPs) The specialist protection officers are integral members of Safety Advisory Groups (SAG) where their specific knowledge and guidance is taken as part of a collaborative approach to events planning and licensing. They are a key contributor to reducing risk and recommending appropriate mitigation measures.
9. Provision of Advice
The legislative requirements under the Fire Services Act 2004 detail requirements for fire protection which includes promoting fire safety. Arrangements should be in place to provide information, publicity, and encouragement in respect of the steps to be taken to prevent fires and death or injury by fire.
NYFRS is a trusted organisation, and it is important that the Protection department are both visible and accessible by the public and partner agencies. The department will continue to collate guidance material and tools to assist responsible persons in identifying their responsibilities and taking steps to assess risk and achieve compliance with legislative requirements. Our information is kept up to date and developed in line with legislative changes and/or guidance so responsible persons can efficiently absorb the information and have an effective understanding and application of fire safety.
Our advice and guidance material are available in several accessible formats to ensure that we are catering for all needs and sections of society.
Our On Call Supervisory Managers will be receiving training during 2023-2025 to the Level 2 Certificate in Fire Safety Checks, this will provide suitable advice and education to minimise risk in residential and/or workplaces. The full-time operational Supervisory Managers receive training to the Level 3 Certificate in Fire Safety, allowing a more detailed platform for advice at low and medium risk, simple premises and to perform interventions on such premises as identified by the RBIP. The specialist protection department will provide advice and education for all types of premises and are equipped with appropriate skills and training to provide advice for high risk and / or complex premises. They are trained to Level 4 Certificate and Level 4 Diploma in Fire Safety.
The national framework for Fire and Rescue Services sets clear objectives to have strong partnership arrangements in place, that aid the delivery of a service and that meet the priorities, statutory duties and requirements of the framework. The protection department have strong links with several regulators and agencies and an understanding of their legislative remit regarding commercial premises; these include Health and Safety Executive, Local Authorities, Building Control Bodies, Police, Care Quality Commission, Ofsted.
We communicate by passing intelligence and where appropriate work alongside partner authorities to ensure both our and partner objectives can be delivered better to drive-down risk and drive-up compliance.
The links with other internal departments is key in delivering the tactical aspects of this strategy. Working closely with Prevention to determine risks by aligning the Community Risk Plan to determine identified premises where a dual approach of engagement and regulated activity to reduce risk to our most vulnerable communities. Such as a focussed approach on supported living, HMOs and multi occupied residential flats.
10. Unwanted Fire Signal Reduction
An unwanted fire signal (UWFS) is a signal that is transmitted by an Automatic Fire Alarm (AFA) system, where no fire has occurred.
NYFRS responds to AFAs and as a result a large proportion turn out to be an UWFS, this disrupts our ability to deliver the service to our communities where it is needed the most. AFAs are attended by operational staff on fire appliances, any UWFS is time lost from training, delivering prevention and protection work and operational readiness for more serious incidents. For these reasons it is a strategic priority to reduce the number of UWFS and the Protection Department are the lead directorate for this work.
The RRM sets out the strategic priority together with several new approaches to reduce the numbers of UWFS, the Protection Department has taken the strategy and worked to develop a policy and embed the changes. Operational crews are the first stage with advice and education to the responsible person. The Protection Department pick up the work from stage two triggers onwards. The interventions consist of formal communications being sent to the responsible persons, a full fire safety audit of the premises with the purpose of engaging directly with the business to help them reduce the UWFS. If the UWFS should continue, then the Protection Department will consider appropriate options for enforcement action.
We work with colleagues in our Business Insights Department to better understand our data and provide analysed information to operational managers to target appropriate UWFS reduction activity. Throughout the term of this Protection Strategy, we will have embedded the strategic priority to reduce the number of UWFS.
11. Operational Intelligence
The Protection Department has strong links with both the Response and the Prevention arms of the service.
Our Protection officers are well positioned to provide accurate, detailed, and timely information to operational teams to enable crews to develop their risk information and respond safely and effectively to all types of buildings. Our specialist protection officers share information about the built environment and the occupiers with both operational crews and our Prevention department.
Operational crews have access to specialist advice and support from the Protection Department and often are the teams to identify potential concerns which lead to enforcement activity.
Firefighter safety is a high priority for NYFRS.
The Protection Department is a key contributor by identifying concerns and risks that could affect responding emergency crews. Specialist protection officers have access to detailed plans and information as part of their remit undertaking regulatory work. Where there is recognised, firefighter risk, the information is shared, and Site-Specific Risk Information (SSRI) is produced.
12. Heritage
North Yorkshire is home to an abundance of heritage buildings, many of which are nationally and internationally recognised places and landmarks. They are of both high social and financial value also popular tourist attractions.
Not all heritage buildings will be naturally identified in the RBIP due to the FSO not applying, so it is often necessary to consider them separately. Many of the heritage buildings are utilised by the public and it is therefore important that they comply with the fire safety order and fire risk is managed appropriately.
We work closely with building owners and organisations that manage heritage buildings within North Yorkshire to provide advice and guidance on how risk reduction measures can be implemented including arson risk reduction.
Our heritage liaison officer works with regional counterparts and national partners to shape how we implement protection best practice driven by the sector, this is through a regional approach of shared best practice and visits.
Operational preparedness is a key factor for heritage buildings and the protection department works with operational crews to help maintain currency of SSRI information.
13. Investigating Fires
NYFRS has the power to investigate fires with a view to determining cause, origin and how the fire has developed.
Effective fire investigation and determination is a fundamental aspect of targeted fire prevention activity both in the domestic setting and the commercial and business setting. Fires have multiple impacts some of which are devastating in terms of business loss, business disruption, community loss, and in a small number of cases injuries and fatalities.
We have invested in a team of officers with specific Fire Scene Investigation (FSI) training and specialist equipment, ensuring we can respond to requests for fire investigation 24 hours a day.
Specialist FSI officers have specific training and expertise to carry out full scene investigation (Tier 2) and gather evidence to accurately determine the cause, origin, and development of fires. FSI officers support HM Coroners and inquests to investigate deaths and help identify opportunities to prevent future recurrence.
The NFCC has recently released the fire standard for fire investigation, we have carried out a gap analysis of the standard and are working to ensure we are aligned to all aspects of the standard.
14. Performance and Evaluation
How we measure our performance is important to be able monitor effectiveness and evaluate the impact of protection activity.
We regularly report performance to the Home Office, NFCC Protection Policy Reform Unit and to HMICFRS. These are both quantitative and qualitative measures of performance which include audit activity numbers, outcomes achieved and consultation activity reports.
Protection campaign outcomes are reported and evaluated to identify learning and ensure we are using our resources effectively and efficiently.
We report our performance to the Service Delivery Performance group and to the Police fire and Crime Commissioner’s Open Public Meetings (OPM).
Our commitment to improving data quality and literacy will help shape better reporting and analysis over the course of this strategy and remains a key priority.
Protection teams have a direct link with the communications and media team. This allows targeted education packages to be shared via the internet, social media and other media avenues to maximize public and business engagement. We provide internal communications that keep our staff and stakeholders informed and updated.
15. Plan of Action
Positive difference to be made |
How we will measure Impact |
|
Progress of audit activity against the RBIP |
|
| Percentage of unsatisfactory audits |
|
| After the fire audit activity |
|
| Enforcement activity |
|
| Responding to complaints |
|
| AFA reduction of UWFS |
|
| Consultation activity |
|
| Quality assurance of protection audit activity |
|
| Compliance with the NFCC standard for Protection |
|
We will collect data and information on other areas of our work to identify any gaps or trends that will help us constantly improve. The tactical and delivery of this strategy plan enables a clear understanding on these performance and assurance indicators and will demonstrate how the Protection Strategy is delivering against the overall organisation aim and objectives of the RRM and the Fire and Rescue Plan priorities, underpinned by our values.
published to this website 5 July 2024
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