Guidance for managing Gypsy and Traveller sites - Chapter 3: fire safety

Fire safety in almost all premises other than private dwellings in Wales (and England) is governed by the Regulatory Reform (Fire Safety) Order 2005; often known as “the FSO”. It places duties on the “responsible person” for each premises, gives the Fire and Rescue Service powers to inspect and enforce those duties, and provides for sanctions up to and including criminal prosecution in cases of non-compliance.

What follows is a basic guide to the FSO and how it should be applied to Gypsy and Traveller sites. However, while the FSO applies to Gypsy and Traveller sites, it was designed with permanent buildings (and especially buildings that are workplaces) in mind, and some flexibility is needed in applying it to premises such as Gypsy and Traveller sites.

On a typical Gypsy and Traveller site, the FSO applies to all of the land comprising the site, and to any common or shared permanent structures such as site offices or communal facilities. It also applies to any amenity blocks that are shared by members of more than one family, even if only temporarily. It does not apply to individual caravans, nor to amenity blocks that are exclusively available for use by members of only one family, as these are private dwellings. However, the risk of fire breaking out within, and spreading from, a caravan can be serious and must be managed under the FSO.

Permanent conventional buildings for communal or official use on Gypsy and Traveller sites give rise to different fire safety issues from those described below. Advice on managing the risks involved is available in the Welsh Government’s guide on how to comply with fire safety law in small businesses.

The FSO does not contain detailed standards or requirements for all premises. Rather, it requires action to identify, assess and mitigate the risks of fire that are present, and which will vary from one site to the next. It is therefore vital that all those involved are aware of those risks, and understand what is needed to prevent them from materialising.

Most of the duties in the FSO lie with the “responsible person”; the individual or corporate entity owning or controlling the site. The responsible person for a local authority-run Gypsy and Traveller site will almost invariably be the local authority itself, rather than a named individual like the site manager or any third party which happens to own the land if leased to the local authority. For the most part, the task of managing fire safety risks falls to the responsible person, and it is they who would be most likely to be the subject of enforcement action.

However, the FSO also imposes duties on others who do not own the site, but who have some control over it and over the risks of fire on it. This can include maintenance contractors, utility providers and indeed residents. Residents will not, though, generally be liable under fire safety law for anything that exists or happens within their own caravans.

The FSO requires all responsible persons to conduct (or arrange for someone else to conduct) a comprehensive assessment of the risks of fire on the premises. This is fundamental to good fire safety management, as it both identifies the particular risks on each site and recommends how to mitigate them. Not having an assessment at all, or having an assessment which is not “suitable and sufficient”, is a serious criminal offence if it creates a threat to life, which it very often will.

A fire risk assessment must also be kept up to date. The FSO does not set out rigid deadlines for this, but good practice would be to review the assessment at least every year, and to conduct a new assessment if there is reason to believe that the old one has become obsolete.

It would also be appropriate to conduct a new assessment as soon as possible after:

• significant changes have been made to the size or layout of the site
• new communal facilities or amenity blocks have been added, and/or existing ones have been removed or renovated
• occupancy levels on the site have changed significantly, and especially if they have increased
• there has been an uncontrolled fire on the site, other than one which affected only a single caravan

By law, the fire risk assessment must always be “suitable and sufficient”. To achieve that standard for a Gypsy and Traveller site or any other premises where many people live and sleep requires specialist expertise. The Welsh Government strongly recommends that local authorities commission fire risk assessments from individuals or companies that are demonstrably competent to undertake such work. The Fire Sector Federation (a trade association for fire safety professionals) publishes al guide to choosing a competent fire risk assessor.

The local authority should arrange for the assessor to have full and unrestricted access to the site and to any buildings on it (but not to individual families’ caravans). The assessor is also likely to need to see site plans, maintenance records and other relevant documentation.

As well as arranging for a fire risk assessment, the responsible person must also take all reasonable precautions to keep the site and those living there safe from fire. The fire risk assessment will suggest many such measures, to address the risks that it identifies. However, the duty to take precautions is a continuing one, and is not limited to matters contained in the assessment.

The responsible person must also appoint someone to assist with identifying and implementing fire precautions, commonly referred to as a “competent person”. This person must have sufficient experience and expertise to do so, they are commonly health and safety specialists, for instance (whether or not they have further specific training in fire safety). The competent person is normally an employee of the responsible person, but may be a contractor if there is no suitable employee. We expect that most local authorities will have in-house expertise to undertake this role as regards Gypsy and Traveller sites they own, as well as the rest of their estate.

The fire precautions that are appropriate will always depend on the specific conditions of each site and the risks that exist there; it is not possible to produce a comprehensive list of precautions that must be taken in all circumstances. However, it may assist responsible persons to consider the following broad fire safety objectives and the types of risks and measures that often relate to each of them.

The most fundamental objective is that the risk of fire breaking out on the site should be as low as possible. This risk can never be zero in any occupied premises, as many everyday human activities create at least some risk of fire. However, it can and should be reduced to a level where an uncontrolled fire is a very unlikely event.

In scientific terms, fire occurs when an ignition source (like an existing flame, a spark or a hot object or gas) is applied to a combustible fuel in the presence of sufficient oxygen. The normal atmosphere contains ample oxygen to sustain a fire, so fire prevention essentially means ensuring that ignition sources and combustible fuels either do not exist or cannot come into contact with one another.

As with all dwellings, the risk of fire breaking out within a caravan is relatively high. Caravans may well contain both ignition sources (in the form of cookers, heaters and other appliances) and combustible fuel in the form of furniture and other personal possessions.

The Fire Safety Order does not apply to private dwellings of any kind, so residents are not liable for anything that happens (or is contained) in their caravans. But the potential for fire to spread from one caravan to another, or to a communal area, may be nonetheless be high and cannot be overlooked. Accordingly, residents should be encouraged to access advice on how to keep their caravans safe from fire. 

Bottles of propane or butane gas are commonly used on Gypsy and Traveller sites and clearly present a high risk of fire if not handled properly. Accordingly, gas bottles and associated fittings should:

• comply with relevant British Standards and other regulatory requirements
• be installed and used correctly, in line with the manufacturer’s instructions
• never be stored under a caravan, whether in use or not, and whether full or empty
• only be changed outside, not within a caravan or other enclosed space
• be stored out of direct sunlight where possible, and well away from any possible ignition source (this includes spent bottles)

Gas bottles present a very serious explosion hazard to firefighters and others if a fire breaks out. The Fire and Rescue Service will need to know details of the location and number of bottles on the site if it is called out to an actual fire. Site owners should therefore keep records of this, and provide them to the Service on request.

All this applies to all gas bottles on the site, whether they are supplied by the site owner or by residents; and residents should be encouraged to comply accordingly.

Other ways to reduce the risk of fire breaking out might include the following:

• Preventing accumulations of combustible waste. Rubbish should be stored in bins either outside each caravan, or in communal bin stores, before being collected by the local authority. Bins should be kept well away from caravans, vehicles, buildings or vegetation. Any bin stores should be constructed of brick or other non-combustible materials.
• Controlling vegetation. All vegetation will burn, and dry or dead vegetation is particularly combustible. Any grassed areas on the site should be kept under control so they do not become overgrown. Grazing by horses or other livestock may be sufficient to keep grass relatively short; if it is not, the area should be mowed. Bushes and hedges should be trimmed so that they do not impinge on the space around and between each pitch; and where pitches are located close to trees, low overhanging branches should be removed. Fire spreads vertically much more quickly than it spreads horizontally, so a fire in a caravan can rapidly engulf vegetation above it and then spread further.
• A common cause of outdoor fires is malicious ignition by arsonists. This risk can be mitigated by reducing or eliminating accumulations of combustible fuel as above, but it may also be necessary to deter or prevent unauthorised access to the site, for example by gates or CCTV cameras. In particularly high-risk cases, for example where there are actual instances or threats of arson, the police should be informed.
• Bonfires and the like may be an important part of Gypsy and Traveller culture for many, and it is neither necessary nor appropriate to prohibit them altogether. But, such fires should take place well away from caravans, vehicles, buildings or vegetation, and should be fully extinguished with water or sand when no longer needed. They should not be allowed to burn out unsupervised. Residents should also be discouraged from lighting bonfires in high winds; and if a bonfire spreads out of control then the Fire and Rescue Service should be called immediately.
• Electrical and gas appliances in shared amenity blocks and communal areas should be kept in good working order, and replaced (or repaired by a qualified contractor) if faulty. All gas appliances should be inspected and serviced annually by a qualified contractor; and the electrical supply should not be overloaded by plugging more than one appliance into a single socket. While amenity blocks which are exclusively used by one family fall outside the scope of the Fire Safety Order, the Welsh Government strongly recommends similar precautions in them too.

As noted above, it will never be possible to eliminate the risk of fire breaking out altogether. The next objective is therefore that if fire does break out, those not in the immediate vicinity should be protected from it. A fire which does not spread can easily be contained and extinguished by the Fire and Rescue Service without posing a significant threat to life or to other property.

In a conventional building, fire protection is a complex business relying on the structure of the building being able to contain a fire in the space where it originated, and involving measures such as fire suppression and smoke control systems. Staffed buildings will also usually be evacuated if a fire breaks out in them.

In mostly open-air premises like a Gypsy and Traveller site, fire protection is rather more straightforward. If, as recommended in the site design guidance, pitches are kept at least 6 metres apart, the risk of fire spreading from one caravan to another should be low. However, that depends also on eliminating accumulations of combustible fuel like rubbish or vegetation in the space between pitches, as above.

Provided that these measures are adopted and sustained, if a fire breaks out in one caravan it should not normally be necessary for residents of other caravans to evacuate. Where the risk of an uncontained outdoor fire is high, measures will be needed to raise the alarm across the site and to require all residents to leave their caravans and assemble in a safe area on or adjacent to the site. As fires on open-air sites cannot be reliably detected by fixed smoke detectors or similar devices, such measures would generally have to entail manual “call points” which residents or others can use to raise the alarm. Where such systems are installed, residents should be informed of the location of call points, and how and when to use them.

People in the immediate vicinity of a fire clearly need to leave, especially if the fire is indoors. Anyone who is in danger from fire must be able to escape to a place of safety quickly and easily. Again, this is generally rather more straightforward on a Gypsy and Traveller site than in a conventional building. Most caravans are easy to escape from, being relatively small and on a single level, although people with mobility or sensory impairments may benefit from adaptive measures within their caravans.

While not a matter covered by the FSO, residents should be encouraged to fit smoke or heat alarms in their caravans (the latter are suitable for kitchens or other areas where a smoke alarm would be prone to spurious activation by cooking fumes, steam or dust). All residents should be encouraged to leave their caravans immediately if the alarm sounds (or if there is any other evidence of fire), to proceed to a safe space such as a neighbour’s caravan or open area, and to dial 999 to call the Fire and Rescue Service if possible. They should not remain in (or re-enter) the caravan to retrieve personal possessions or attempt to tackle the fire.

Conventional structures like amenity blocks and communal facilities should, as a minimum, be fitted with smoke or heat alarms, with notices directing people to leave if an alarm sounds. Any larger and more complex buildings may require more sophisticated alarm systems, and site owners should consult the general guidance for fire safety in non-domestic premises.

Finally, if a fire breaks out on the site it should be possible to contain and extinguish it quickly and safely. This is a task for professional firefighters, not residents or site managers, and it is not necessary to make any provision for on-site firefighting other than by the Fire and Rescue Service. Indeed, encouraging or equipping untrained individuals to fight even small uncontrolled fires can be positively dangerous. Therefore, there is no need to provide (or expect residents to have) fire extinguishers, fire blankets or anything else within caravans or amenity blocks.

Instead, measures that might be taken to facilitate firefighting include:

• Ensuring that residents and others know the importance of contacting the Fire and Rescue Service in the case of any uncontrolled fire by calling 999 and asking for “fire”. If mobile reception on the site is poor, it may be prudent to provide a landline phone for these purposes, with the address and/or location of the site (eg using What3words) prominently displayed next to it.
• Allowing easy access to the site for fire appliances. As a rule of thumb, if a large non-articulated truck could access the site, so could a fire appliance. At least two appliances would normally be dispatched to a report of a fire at a Gypsy and Traveller site, so space to allow them to park should ideally be provided. If this is not possible, appliances would have to deploy to the nearest public road, which would delay the firefighting response.
• Where a site extends for a significant distance away from the nearest public road, it may be necessary to provide fire hydrants on the site. These are for use by firefighters only, and there is no need to make residents aware of their location or how to use them. Nor is there any need to provide hoses or other firefighting equipment. If hydrants are provided, though, the Fire and Rescue Service should be informed of their exact location and specifications.

If in doubt about firefighting requirements, site owners should contact the local Fire and Rescue Service for advice (see below for contact details).

Having decided on and implemented fire safety measures, the responsible person should monitor them to ensure they remain valid and effective. This should form part of the normal management and maintenance of the site, and if residents raise concerns or complaints, they should be investigated and acted upon. If there is evidence that measures have become ineffective, then site managers should restore them or identify and implement equivalent measures. In some circumstances (see above), it may be appropriate to conduct a full new fire risk assessment too.

The FSO gives the Fire and Rescue Service powers to inspect premises and to enforce compliance (principally, compliance with the requirements to have a fire risk assessment and to take all appropriate fire safety measures). These include powers to enter the site and to require disclosure of documents and records; it would not normally be necessary to enter individual caravans.

Normally, the Fire and Rescue Service will seek to work with site owners to achieve compliance voluntarily. Where that proves impossible, though, or where the risk to life is especially high, the Service may decide to take formal action. That could include an enforcement notice (which requires specified improvements to be made) or a prohibition notice (which prevents use of some or all of the site altogether). Such notices are legally binding.

Ultimately, if the responsible person or anyone else is not complying with their duties under the FSO, or with an enforcement or prohibition notice, they can be prosecuted. The maximum sentence for an offence under the FSO is an unlimited fine and/or 2 years’ imprisonment.

The Fire and Rescue Service cannot conduct a fire risk assessment, as that would conflict with their enforcement powers. But they can and do provide free advice about fire safety to responsible persons.   

Contact:

• North Wales Fire and Rescue Service (covering Anglesey, Gwynedd, Conwy, Denbighshire, Flintshire and Wrexham).
• Mid and West Wales Fire and Rescue Service (covering Ceredigion, Powys, Pembrokeshire, Carmarthenshire, Swansea and Neath Port Talbot).
• South Wales Fire and Rescue Service (covering Bridgend, Rhondda Cynon Taf, Merthyr Tydfil, Caerphilly, Blaenau Gwent, Torfaen, Vale of Glamorgan, Cardiff, Newport and Monmouthshire).