The Enforcement Policy lays out the procedure that businesses and others being regulated can expect Inspectors of the Community Safety Protection and Technical Department to follow when they carry out their enforcement functions. It lays out the process that Inspectors must adhere to in deciding what action to take when undertaking their statutory duties to ensure that they act in an equitable, practical and consistent manner.
Please note that the Enforcement Policy and the commitments set out in it, only apply to legislation enforced by the Tyne and Wear Fire and Rescue Service.
This page outlines the main points contained within the Enforcement Policy under the following headings.
The Community Safety Protection and Technical Department's commitment to you
Who will carry out the enforcement duties?
What action can Inspectors take?
What can you do if you think you have not been treated fairly?
We welcome your comments on the enforcement policy and invite you to
email us.
The Community Safety Protection and Technical Department's commitment to you
We will draw up clear standards, setting out the level of service and performance the public and business people can expect to receive;
We will deal with the public and business community in an open and honest way;
We will provide a courteous, efficient and helpful service;
We will respond promptly and positively to complaints about the service;
We will ensure that enforcement action is proportionate to the risks in each case;
We will carry out our duties in an equitable and consistent manner;
We will maintain a management system to monitor and review the quality and nature of the enforcement activities undertaken in order to demonstrate the effectiveness of the policy with respect to its aims and objectives and to recommend changes and improvements.
Who will carry out the enforcement duties?
Only Inspectors authorised (ID and Authorisation Card) by the Chief Fire Officer may inspect your property and undertake enforcement duties. The Chief Fire Officer will only authorise Inspectors to carry out enforcement work in different areas of the law when he is satisfied with their level of qualification, training and experience.
What action can Inspectors take?
Inspectors will take into account the following criteria when deciding on the most appropriate course of action:-
The seriousness of the offence;
The past history of the offender;
The confidence in management and the degree of wilfulness involved;
The consequence of non-compliance;
The likely effectiveness of the various enforcement options;
Mandatory/discretionary duties.
In most cases action taken by Inspectors will be informal and will be:
in the form of verbal advice
in the form of a letter detailing any recommendations, or
a formal letter listing works which are required to be carried out in order to comply with the legislation, and separately listing any additional recommendations.
Where a serious breach of legislation is noted during an inspection, or where there is a risk to safety, or where breaches of legislation exist and the history of the premises suggests that the work will not be completed without the need for formal action, a statutory notice will usually be served.
Failure to comply with a statutory notice will, other than in exceptional circumstances, result in prosecution. Recipients of notices will always be informed in writing of their rights to appeal and these will normally be on the rear of the notice. They will also be informed in writing of the consequences of non-compliance.
In deciding whether or not to prosecute for an alleged infringement regard will be had to 'The Code for Crown Prosecutors'.
Complaints
A written record will be made of all complaints made by employees, or others, about fire safety standards in a place of work, and the responsible person will be informed immediately.
They will arrange for an inspection to be carried out within 24 hours, or immediately should there be the suggestion that possible prohibition conditions apply (i.e. a serious risk to life in case of a fire).
Where immediate remedial action is considered necessary in the premises, an explanation of why such action was required will be given at the time and confirmed in writing within 5 working days.
What can you do if you think you have not been treated fairly?
If you do not agree that remedial works required by an Inspector are really necessary, or you wish to carry out different works to rectify the legal breach, you can discuss the matter informally with either the Inspector concerned or their manager. If you are unhappy with the action taken or information or advice given by Inspectors of the Fire Authority or believe you have not received fair or consistent treatment, you can discuss the matter with the relevant manager. After your complaint has been investigated, you will receive a written response. If the problem is still not resolved, you should follow the Fire Authority's formal
complaints procedure. This is without prejudice to any formal appeal mechanism.
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