Please note this version does not contain Appendix A

1. Foreword

In producing this policy, North Yorkshire Fire and Rescue Service (NYFRS). have established a carefully considered holistic approach to both improve premises fire safety and protect members of the public by maintaining valuable fire and rescue service resources. Whilst the increase in installations of automatic fire alarm and fire detection systems is welcomed, the rise in false alarms is not. Alarm systems are often less effective than design intended, putting people at risk, and placing an increasing burden on the resources of NYFRS.

In this policy, a difference between managing the significant fire safety concerns of false alarms and the risk posed to the public when NYFRS are continually being asked to attend false alarms has been established. In applying the practices outlined in this policy, NYFRS are confident that there will be:

Significant improvements in protecting persons from fire through improved fire safety measures.
Improved industry awareness leading to better servicing, maintenance, and guidance.
Improved compliance with fire safety legislation; and
Significant reductions in attendance to false alarms – protecting valuable resources.

The approach contained in this document is underpinned by the Regulatory Reform (Fire Safety) Order 2005 (FSO), and fully supports NYFRS’s Community Risk Management Plan and Protection Strategy.

2. Background & Aim of the Policy

The Service attends a significant number of Unwanted Fire Signals (UwFS) from Automatic Fire Alarm Systems (AFA) actuations in any given year. This procedure has been developed to manage the risk to within acceptable limits and so minimise the disruption to the service and the community. The process maximises the opportunities to reduce UwFS and provides a clear audit and evaluation process.

To provide a clear process for those parties involved in managing the reduction of false alarms and:

To reduce the number of false alarms generated by fire detection systems.
To reduce the numbers of UwFS attended by NYFRS.
To provide the most appropriate response to an unconfirmed AFA actuation.
Where attendance to AFA’s is persistent, costs may be recovered for those attendances.

NYFRS has a statutory duty to enforce fire safety legislation and where appropriate will respond with regulatory fire safety intervention under the FSO. Poor performance of the AFAS is detrimental to the safety of relevant persons.

The Fire Protection department will monitor the false alarms attended by the service through the utilisation of the Incident Reporting System and the Data Team.

Due to the attendance procedures within this document, fire protection will be able to utilise resources to identify and improve the management procedures within high-risk premises such as: Sleeping, Educational, Heritage, COMAH sites and other identified high-risk premises.

3. Introduction

It is recognised that the key effective performance of Automatic Fire Detection and alarm systems should encompass the correct design, installation, commissioning, and maintenance process. Protocols followed from BS5839 are likely to avoid many false alarms.

It is important that the design considers the fire strategy, fire risk assessment, the practical use of the building by its occupants and the potential for false alarms to be generated at the earliest possible stage.

Inevitably there are still going to be many UwFS which are attended by NYFRS and many false alarms which do not involve a response by NYFRS. These false alarms still demonstrate potential for inadequate fire safety management at the premises and therefore, this policy utilises the powers in the Fire and Rescue Services Act 2004 (as amended) to raise a charge against premises generating persistent false alarms.

This Policy & Procedure applies to all premises identified and regulated under the Regulatory Reform (Fire Safety) Order 2005 (RRFSO 2005), where AFA actuations give rise to UwFS, including residential, industrial, commercial and public premises. Each of the type of premises present a variety of risk to public safety, some of which may be common to most premises whilst others will be unique to specific operators.

NYFRS may be liable for any damages resulting in AFA systems being adjusted or altered by Fire Service personnel. Therefore, except for replacing defective domestic battery only operated smoke detectors in residential property, NYFRS personnel will refrain from making any adjustments to AFA systems.

In circumstances where a responsible person is not available to attend a premises and there are vulnerable or persons resident who may be unduly distressed if the alarm were to be left sounding, once a thorough examination of the premises has been completed, the Incident Commander may consider silencing the alarm but must be aware of potential consequences of these actions.

4. Fire and Rescue Attendance Levels

The pre-determined attendance for unconfirmed AFA actuations applying to commercial premises received either via an Alarm Receiving Centre (ARC) or via 999 direct calls from the premises is as follows:

Between 0700hrs and 1900hrs (7 days a week) – Unconfirmed AFA call received – Non-attendance.
Between 1900hrs and 0700hrs (7 days a week) – Unconfirmed AFA call received – 1 Fire appliance attendance.
Exceptions to commercial premises types include: Sleeping risk, Educational Premises, Heritage sites and Sites of Specific Risk (SSRI) which have a High or Very High risk to Firefighters. These premises will continue to attract the pre-determined attendance

5. The Responsible Person

The person designated as being responsible for the effective management of the AFAS has their responsibilities outlined in BS5839-1 Limitation of false alarms. This policy encourages all persons involved in AFAS management to make themselves aware of the commentary and recommendations of the British Standard.

BS5839 -1 the responsibility for the limitation of false alarms for all parties involved in the specification, design, installation, commissioning, management at operational level and maintenance of the AFAS. Where alternative equivalent AFAS standards have been used the above standard may still provide invaluable guidance.

Responsible Persons (RP) should be aware of all aspects of the fire alarm and fire alarm monitoring system. It has become clear to NYFRS that Responsible Persons are often unaware of the limitations and possibilities of monitored systems e.g. the time delay relating to quality of communicators and number of lines available from the building, detector options, etc.

There are many circumstances in which it may be appropriate to apply methods of filtering false alarms to prevent continual evacuation of people or summoning of NYFRS. These methods range from automatically altering the detector type or sensitivity at different times of day to various forms of time related or staff alarm systems. Filtering measures are outlined in BS5839-1.

Implementation of filtering measures on-site should be introduced following a review of the risk assessment in line with the requirements of the FSO and relevant Government Guidance.

6. Operational Incident Commanders Responsibilities

On attendance, the attending Incident Commander (IC) will:

Perform a Dynamic Risk Assessment to ensure that there are no sign of fire or people at risk. Where it is deemed there is no obvious risk and a Responsible Person (RP) is not present, the IC should request their attendance and wait for up to thirty minutes. If the RP does not arrive after this time, it may be appropriate to return to previous duties.
Make every effort to determine the cause of the alarm – including inspecting voids, roof spaces and any other hidden areas within the premises.
If it is considered that there is a risk within the premises, then access should be made, taking the appropriate actions to mitigate the identified risk(s). Contact must be made with the RP of the premises concerned to schedule a fire safety audit under the RR FSO 2005. These actions should be recorded on the Premises details within CFRMIS at the earliest opportunity. Support and advice should be sort from the district Business Fire Safety (BFS) team.
If the IC suspects that Dangerous Conditions exist at the premises; including concerns about existing evacuation procedures, systems installed or any other Fire Safety related concerns (excluding single domestic properties). The IC should contact or request at the earliest opportunity the nearest FDS / OCWM Officer (Protection specialist) for further specialist advice and guidance.
Provide Post Incident Engagement (PIE) to the RP as to how similar calls can be avoided, a “you’ve had an Unwanted fire signal” leaflet (Appendix A) should be left at every incident. The IC may, if appropriate, inform the RP of their responsibility to contact a competent Person to resolve problems with the AFA. There is no requirement for NYFRS personnel or appliances to await the attendance of a maintenance engineer. On return to station and before the incident can be closed, Fire control will ask for details of the UwFS, including any PIE activity carried out.
Where the UwFS is linked to a Single private dwelling, the IC should offer to carry out a Safe & Well visit or Home Fire risk assessment for the resident and act on the outcomes appropriate to the circumstances. Complete the appropriate form(s) and record the details within CFRMIS as a CFS activity relating to the domestic premises.

7. Protection Department Responsibilities

Protection Department have the responsibility for monitoring and taking proportionate action to actively reduce the numbers of UwFS in associated premises within their geographical district.

This responsibility involves periodically reviewing a report generated via IRS data and is located within the Protection dashboard. The report details premises in geographical areas over a rolling time frame, showing UwFS linked to Premises.

The report should by analysed by sifting those premises where there are multiple UwFS over a specific period. This period and number of UwFS being set by NYFRS following good practice and guidance from National Fire Chiefs Council (NFCC).

Following analysis and referring to the guidance measures (Appendix A) the identified premises are subject to a further filtering process. This filtering must involve cross reference to recent interventions made with the premises for reducing UwFS (including letters AFAS01 / AFAS02 / AFAS03 / AFAS04).

Protection Department should consider the number of detectors in the AFA system in proportion to false activations along with supporting guidance in certain types of premises.

Following the applied principles of filtering, Protection Department will decide on suitable actions to follow to reduce UwFS to each identified premises.

Such actions deemed appropriate should include but not limited to:

Letter AFAS01 guidance note to RP (Appendix B)
Letter AFAS02 requesting a visit to the premises (Appendix C)
Fire Safety Audit (FSA) arranged
Further Enforcement action (Compliance Audit or Enforcement activity)
Letter AFAS04 providing an ability to levy charges to recover costs for any subsequence UwFS in a pre-determined timeframe, see flow chart for guidance (Appendix E)

FS Inspector / FS Advisor visiting premises for any of the reasons in 7.7 should make the appropriate reference in the premises file on CFRMIS. This should include any letters sent, along with a suitable note for case, including where possible the following detail:

Detail of the root causation of the UwFS
The number and type of detection devices within the premises
The AFA system in use
Date the AFA system was installed
Date of last visit
Action taken (detail of action plan if relevant)
Date of resolution

This procedure is required to be followed for all premises where UwFS are identified as being a significant problem. Notwithstanding the provisions contained in this procedural document, it is recognised that some premises may require a specific locally agreed solution to the problem.

Where a premises improves the management of UwFS by reducing the number of attendances by NYFRS after a further review of 3 months. This should be recognised with a submission of letter AFAS03 Improvement in managing UwFS (Appendix D).

8.Protection Fire Safety Managers Responsibilities

The Protection FS Manager will arrange to provide support for referred premises that require further advice or guidance. This will include assistance during the filter, action plan and further actions stages of the procedure.

Advice and guidance during the filtering stage may include:

Historical data applicable to UwFS activity at an identified premises
BS-EN guidance relating to AFA (proportionality of devices to UwFS)
Siting of devices and use of certain types of AFA systems

Advice and guidance during the action plan stage may include:

Letter AFAS01 additional advice added to standard response.
Letter AFAS02 may involve appointing a Protection FS Inspector / FS Advisor to attend a premises to provide a detailed action plan for the RP to follow.
Letter AFAS02 may invoke a Fire Safety Audi (FSA) completing by FS Inspector / FS Advisor (pending the complexity of the premises).
Letter AFAS03 initiated to recognise good practice to the RP.

Advice and guidance during the further action stage may include:

Review of action plan for RP, ensure follow up visit.
Complete FSA for premises
Complete Compliance audit (if required)
Letter AFAS04 initiated following a review of all prior activity of engagement and a persistent problem with UwFS as a direct or indirect result of warning equipment under common control having malfunction or being mis-installed.
Consideration towards further Enforcement actions (pending audit outcomes).

9. Cost recovery for attendance to UwFS (Ability to Charge)

This section relates to the attendance of North Yorkshire Fire and Rescue Service appliances at premises where the Regulatory Reform (Fire Safety) Order 2005 applies to either all or part of the premises.

The purpose of cost recovery is to drive down the number of false alarms and UwFS by encouraging those responsible for fire alarms to manage them in an appropriate manner.

The power to charge to recover costs associated with attending false alarms will be used independently to recover the costs incurred by the authority for attending such calls. This action is likely to occur before any enforcement action is taken and therefore will not preclude the provision of appropriate advice, to the Responsible Person which will continue as detailed in Section 8.

The ability to recover costs through charging for persistent false alarms is done so through the Fire and Rescue Services Act 2004 (FRSA) as amended by the Localism Act 2011. As a result, fire and rescue services may now, under Section 18C of the FRSA, charge for reports of fire where:

The report is of fire at premises that are not domestic premises.
The report is false.
The report is made as a direct or indirect result of warning equipment having malfunctioned or been mis-installed; and
There is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been mis-installed.

NYFRS recognises the value of AFAS in protecting people from fire and reducing the numbers of fire deaths and injuries. Our objective through recovering costs associated with attending false alarms is to encourage those responsible for AFAS to manage them appropriately and to ensure they have adequate management systems in place, to reduce the number of false alarms caused by these systems. Additionally, where persistent false alarms do occur and where it is appropriate to do so, that filtering is applied to prevent unnecessary calls being made.

Fire alarms which actuate when there is no fire can be an indication of poor fire safety management on the premises and those false alarms that result in an attendance by NYFRS have a significant impact on the use of operational resources.
Section 18A (2) of the FRSA Act says that Section 18A (1) ‘authorises a charge to be imposed on, or recovered from, a person other than the person in respect of whom action is taken by the authority.’ It is therefore open to the Authority to decide who should be charged in respect of individual buildings. To establish an appropriate and consistent approach in this regard, the invoice will, whenever practicable, be issued to the Responsible Person as defined under the FSO. In the event this cannot be achieved for whatever reason, the charge shall be issued on the owner/operator of the fire alarm system.
A published appeals procedure is made available electronically and provided with each invoice by which recipients of invoices can appeal the charge. When an appeal is submitted, consideration will be given to the supporting evidence so that it can be determined whether the cause of the AFA meets the criteria for charging (set out in S18C FRSA, detailed above).
The purpose of applying a charge is to stimulate an improvement in the local management of automatic fire alarm systems. This is expected to have the following impact:
- An improvement in local alarm management practices
- An increase in the general standard of fire safety at the premises
- An improvement in the local response to potential emergency situations
- A reduction in the unnecessary burden on NYFRS resources
- An increase in the availability of appliances and staff for real emergencies and training
- An improvement in efficiency resulting in better value FRS service provision to the people of North Yorkshire

NYFRS will issue a charge to recover the costs on the fourth and all subsequent attendances to false alarms on annual rolling period where the parameter of this policy apply. The 12-month period will be calculated on the first of every calendar month.

The charge issued for attendance to a false alarm will be the same as the current rate for an appliance for up to one hour and associated administration costs will be charged per actuation.

To ensure consistency when dealing with complex sites such as hospitals, Fire Protection Officers will meet with representatives from such organisations to determine a consistent approach across North Yorkshire. In support of this, any charge issued will be done in relation to an individual fire alarm system and not a collection of separate alarms managed by one organisation.

The cost recovery process is supported by the data recorded by attending operational crew. This data is processed by the Data Team into regular reports of incidents. The reports are then considered by Fire Protection and an invoice is prepared and issued. Enquiries about charging and payment issues will be dealt with by Fire Protection.

Charges will be issued within a period of no greater than 30 days from the date NYFRS become aware that an attendance is chargeable; this is to ensure that the data is accurate and has been quality checked prior to the issuing of the charge. The invoice issued will be for a period which will be the preceding month ending with the last day of that month.

10. Flexibility of Policy & Procedure

Whilst this policy is set to ensure a consistent approach across North Yorkshire in driving down the number of false alarms and UwFSs we need to ensure it is flexible, so that we do not penalise those responsible when factors outside their control impact upon how they operate.

This policy therefore allows for the provision to request temporary changes to the policy arrangement in relation to attendance levels, and cost recovery, due to specific circumstances such as we have seen through the Covid-19 pandemic. Any such alterations would require Protection Management Team approval and would be communicated via our website and social media channels.

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Published to this website on 5 December 2024

Appendices

Appendix B: Letter AFAS01 (Premises guidance note)

Dear Sir or Madam

REGULATORY REFORM (FIRE SAFETY) ORDER 2005 – Automatic Fire Detection and Fire Alarm Systems – False Alarms and Unwanted Fire Signals (UwFS)

Premises Address

Our records indicate that NYFRS have attended a number of false alarms at your premises. Automatic fire alarm activations that are subsequently determined to be false alarms cause considerable disruption and cost to both business and the Fire & Rescue Service. Over the past three months our records indicate XXXX unwanted fire signals from automatic fire detection and fire alarm systems were received by NYFRS.

In view of the number of false alarms being transmitted to NYFRS as unwanted fire signals from the above premises, steps should be taken immediately to remedy the situation.

In accordance with the Regulatory Reform (Fire Safety) Order 2005 (RRFSO), the Responsible Person must, where necessary, ensure appropriate fire-fighting equipment, detectors and alarms are fitted and that the premises, facilities, equipment and devices are maintained in an efficient state, of working order and good repair in order to safeguard the safety of people on the premises.

The responsible person must also, where necessary, nominate a competent person to implement these measures. Information on the RRFSO is available from the Communities & Local Government website (CLG)

Fire alarm & fire detection systems fitted to British Standard 5839:1-2017 or equivalent must be maintained in accordance with the British Standard as detailed in Section 7. Your maintainer should have a copy of the standard, or they can be obtained from the British Standards Institution (http://www.bsi-global.com).

If your fire alarm system is monitored by an alarm receiving centre (ARC), you will need to ensure liaison between yourself, the maintainer and the ARC in order to minimise the number of false alarm calls being put through to the F&RS and to ensure that any details held by your ARC and maintainer are identical to those you may have registered with the F&RS.

Further guidance on how you can help to reduce unwanted fire signals can be found on the National Fire Chiefs Council website.

NYFRS will be monitoring UwFS levels over the forthcoming months with a view to positive action being taken by the responsible person(s) in reducing the number of NYFRS attendances to your premises. We will write to you following this periodical review to advise of the outcomes and any resulting actions.

The majority of information we collect regarding business fire safety is non-personalised information, however any personal data we collect will be managed in accordance with our Privacy Notice which can be viewed on our website.

Your co-operation would be greatly appreciated.

Appendix B: NYFRS Guidance Notes (Operational Watch Managers)

North Yorkshire Fire & Rescue Service

Advice to Responsible Persons in control of premises, on avoiding Unwanted Fire Signals from Automatic Fire Detection Systems

Introduction

Automatic Fire Detection is now provided in many buildings along with connections to monitoring centres as part of safe systems of work designed to protect life and property. This has resulted in an increase in the number of emergency calls generated by these systems due to circumstances that are in the main, entirely avoidable.

One of the strategic objectives set by the Fire and Rescue Authority is to reduce the number of responses to automatic fire detection systems as a result of unwanted fire signals. Each unnecessary call ties up Fire Service resources, preventing them from being used for other more productive Community Safety activities and of course, may delay the attendance to genuine emergency incidents.

The following information details advice and best practice on how you can contribute to reducing the number of these calls – and the actions the Fire and Rescue Service will take if it receives repeated calls to the same premises.

The Regulatory Reform (Fire Safety) Order 2005

This Order places a number of requirements upon people who are in control of premises (the Responsible Person). Amongst them are:

The requirement to have appropriate procedures in place, including safety drills, to be followed in the event of a serious danger arising. (Article 15)

The requirement to ensure that any systems installed are maintained, in efficient working order and in good repair (Article 17).

It could be construed that repeated Unwanted Fire Signals for Automatic Fire Detection breach those requirements by rendering any procedures such as evacuation procedures, ineffective. Similarly, where the actuations are due to technical failure and lack of maintenance, the Fire Service may consider the use of Action Plans or legal enforcement under the order, to reduce the number of incidents due to repeat actuations.

The Order does not apply to single domestic dwelling houses where there is a single family or person living there.

Fire Procedures-If you have a FIRE

If anyone discovers fire or smoke, smells burning, or suspects there is a fire for some other reason, then your local procedures should always be followed and we will make an immediate emergency response.

There should be someone nominated to meet the Fire Service upon arrival to inform the crew about the nature and location of the fire.

Occupied Premises with Automatic Fire Alarms

Most premises have in place a process which requires someone to immediately dial 999 and call the Fire and Rescue Service, whilst all other persons evacuate the premises, and wait outside until we arrive. We then check your premises, and when deemed safe, allow you to return into the building to reset the alarm. This of course causes significant interruption to both your organisation and to ours.

A risk assessed response by your staff, could lessen the impact upon your business and may result in the Fire Service not needing to attend. Within a short period of time your staff could conduct a brief search of the premises, in accordance with your fire plan, and this may determine the cause of the alarm and allow the nature of the fault to be recorded for use by your system engineer.

You may wish to consider including the following procedure into a revision of your fire plan. It must be stressed to all persons who may be in the building, they must not put themselves at risk, and that adequate training must be given to all relevant persons that this procedure may affect including awareness for visitors to the premises.

On hearing the alarm, the designated person should investigate the cause (a responsible person should be made available to call the Fire service if required). All other personnel should follow your evacuation plan.
If the cause is not readily apparent or there are obvious signs of fire, the Fire Service should always be called.
If the cause of the alarm is obvious and does not involve fire or smoke, then the Fire service does not need to be called and people can return to their previous duties. Obviously, measures will need to be taken to prevent the cause re-occurring.

You should always call out a competent person to investigate false alarms that relate to faults in the fire alarm system. Repeated calls may need a more detailed examination or maintenance of the system to rectify the cause. Each actuation and visit by the engineer should be recorded in a logbook kept specifically for that purpose.

Efforts must be made to reduce nuisance causes that are due to dust, fumes, aerosols or poor systems of work.

Premises Occupied at Night

The practice detailed above can be applied to premises that are occupied at night given enough staff. For premises with a sleeping risk, occupants who may be sleeping would need to be made aware of the procedure to avoid confusion in an emergency.

Where it is impractical to carry out such a check in sleeping risk premises due to inadequate staffing levels or the complexity of the building, the Fire Service should be called immediately.

Unoccupied Premises

If your premises are unoccupied and we receive an automatic fire alarm actuation, we will make an attendance. We will carry out an external check of the premises, and if no one attends to provide access within 30 minutes, we may force an entry to carry out a search or take no action and leave. If, upon arrival, the key holder believes that there is a need for the fire service to attend he/she should contact us using the 999 facility.

Follow-up Inspections

Where there is a fire or a false alarm to any premises each such event may be followed up by an audit under the Regulatory Reform (fire safety) Order 2005, to review the incident to ensure that the fire safety arrangements and emergency plan are effective. Where this is not the case suitable advice will be given to ensure appropriate remedial actions are taken. Failure to take such actions may lead to formal enforcement action.

Unwanted Fire Signals – Removing and Reducing the Causes.

A significant number of unwanted fire signals calls result from:

Fire Alarm Engineers working on the system
Unannounced routine tests
Contractors working close to detectors
Cooking fumes and toasters
Steam from showers
Accidental breakage of call points

These matters are readily detectable by a cursory check without putting staff at risk and without the need for extensive technical knowledge, and do not require an emergency response from the Fire and Rescue Service. All we are asking is that you to carry out such a check before calling us, and then if there is a fire or any sign of fire to call us by dialling 999 and tell us as much about the fire as you can.

The following list contains points that should be considered to reduce the number of Unwanted Fire Signals:

Introduction of a ‘double-knock system’, based on an appropriate risk assessment
The replacement of existing detectors with those of another type
Re-siting of detectors to prevent actuation from steam from showers or kettles
Assessment of process to prevent the actuation by exhaust fumes
Removal of portable toasters, advice to residents on the use of grills and the need to prevent an accumulation of fat
In student block accommodation the Responsible Person may wish to consider fining those responsible
Ensure that when the system is tested that the signal does not inadvertently reach the Fire Service
If contractor is on site and creating dust, ensure that they are aware of the problems via means of a “permit to work” and penalty clauses
Regular cleaning of heads particularly in July and August where Insect infestation may be a problem

North Yorkshire Fire and Rescue Service can provide further advice which can be accessed by contacting your designated fire station, as clearly any measures will need to be thoroughly risk assessed and may have implications for any insurance provision associated with the premises and its use.

Detector Siting

The type of smoke detector fitted might be the cause of the problem, in addition to its location. The following table suggests considerations when using and selecting point and optical beam smoke detectors:

Area	Smoke Detectors Should Never Be Installed	Smoke Detectors Should Be Avoided If Possible	If Smoke Detectors Are Installed, They Should Not Be of the type Indicated
Kitchens	X
Areas close to kitchens			Ionisation chamber
Rooms in which toasters are used.		X	Ionisation chamber
Rooms in which people smoke		X (unless ventilation rates are such as to avoid the risk of unwanted alarms)	Optical
Bathrooms and shower rooms	X
Areas in which steam occurs under normal operations		X	Optical
Areas in which high concentrations of dust occur.		X (regular cleaning or replacement of detectors may be necessary)	Optical
Areas in which large numbers of insects (e.g. grain thrips) may enter.			Optical (unless suitably designed to minimise unwanted alarms from insect ingress)
Areas in which the sensing element of the detector will be exposed to high air velocities			Ionisation chamber
Areas in which there is high humidity		X	Ionisation chamber
Areas in which vehicle or other engine or exhaust fumes occur		X	Ionisation chamber Optical beam
Areas in close proximity to openable windows		X
Areas in which combustion gases may occur (e.g. certain boiler rooms.		X

Appendix C: Letter AFAS02 (Visit to Premises)

Dear Sir or Madam

REGULATORY REFORM (FIRE SAFETY) ORDER 2005 – Automatic Fire Detection and Fire Alarm Systems – False Alarms and Unwanted Fire Signals (UwFS)

Premises Address

Further to our previous correspondence on XXXX. A review of the number of False Alarms passed to North Yorkshire Fire & Rescue Service in the last three months has been completed.

Given the amount of unwanted fire signals during this review period is exceeding national guidance levels, North Yorkshire Fire and Rescue Policy will arrange to visit your premises at a mutually agreeable date and time.

Your co-operation is appreciated

Should you wish to discuss the content of this letter, please contact the officer whose details appear at the head of this letter.

Appendix D: Letter AFAS03 (Improvement in Managing UwFS)

Dear Sir or Madam

REGULATORY REFORM (FIRE SAFETY) ORDER 2005 – Automatic Fire Detection and Fire Alarm Systems – False Alarms and Unwanted Fire Signals (UwFS)

Premises Address

Further to our previous correspondence on XXXX. A review of the number of False Alarms passed to North Yorkshire Fire & Rescue Service (NYFRS) in the last three months has been completed.

Given the amount of unwanted fire signals during this review period is within national guidance levels. This reflects an improvement in the management of False alarms at your premises. North Yorkshire Fire and Rescue reserve the right to review this decision should conditions change or indeed the number of Unwanted Fire Signals increase.

You should continue to manage the fire alarm system in accordance with current fire safety legislation and standards applicable to which it was fitted. Any false alarms should be fully investigated and recorded. Action as necessary must be taken to avoid future false alarms and measures are in place to prevent false alarms being sent through to the NYFRS. Ensure appropriate training is in place, including training for key-holders, and that a suitable maintenance programme for the system is in place. You must also ensure your risk assessment and emergency plan are up to date.

Confirmed fires via the 999/112 exchange telephone system will continue to receive a full emergency response.

Do not call the fire service in the event the alarm is a known false alarm. Do call the fire service as soon as possible if there are signs of fire or a fire may exist.

Please do not hesitate to contact us should you require additional information or have any queries concerning this matter.

Appendix E – Public Notice – Cost Recovery for attendance to UwFS (Ability to Charge)

On, 1 April 2023, North Yorkshire Fire and Rescue Service commenced charging to recover the costs associated with attending persistent false alarm calls generated by automatic fire alarm systems and fire detection systems. You are receiving this guidance note as your premises has had a false alarm that may result in a charge being issued

A recovery charge may be made for the fourth and subsequent calls received within a 12-month period, from premises where the Regulatory Reform (Fire Safety) Order 2005 applies to either all, or part of the premises. The charge will be based on the current scale of service call charges for each fire appliance for up to one hour plus an administrative fee. Charges can be found on our website.

The charges will be made under Section 18C of the Fire and Rescue Services Act 2004 (as amended), which states a fire and rescue authority may charge a person for responding to report of fire etc. when:

The report of fire is at premises that are not domestic
The report is
The report is made as a direct or indirect result of warning equipment having malfunctioned or been mis-installed
There is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been mis-installed.

For the purposes of this position statement, buildings within a site will be considered individually based on their Unique Property Reference Number (UPRN). Should the level of chargeable calls drop below four in a rolling 12-month period, a recovery charge will not be issued. Each individual call will be assessed on its own merit to determine if it is considered chargeable within the parameters of this Policy & Procedure.

Chargeable incidents will be based on the pre-determined attendance of Fire resources attending a single incident of a False alarm, along with an administration charge. A single charge will apply for each chargeable incident. A separate invoice will be raised against each incident.

The invoice will be issued to the Responsible Person (RP) as defined under the Fire Safety Order. If this person cannot be readily identified, the invoice may be issued to the owner/operator of the business.

If there is any doubt as to the identity of the Responsible Person, NYFRS will identify the RP from existing data. Where this is not available or in doubt, they will investigate the matter to verify who the Responsible Person is.

NYFRS will keep a record of sites that have been charged and will provide a monthly report detailing sites that have been issued with an invoice. Invoices are to be raised and issued within 30 days from the date NYFRS are aware that an attendance is chargeable.

Appendix E: Letter AFAS04 (Cost Recovery for responding to Unwanted Fire Signals)

Dear Sir / Madam

REGULATORY REFORM (FIRE SAFETY) ORDER 2005 – Automatic Fire Detection and Fire Alarm Systems – False Alarms and Unwanted Fire Signals (UwFS)

Premises Address

Every year North Yorkshire Fire and Rescue Service (NYFRS) attend premises in response to fire alarm systems however, most of these (up to 98%) require no action by the Fire Service.

When an emergency response is not needed, this is deemed to be an Unwanted Fire Signal.

In accordance with NYFRS policy through our Position Statement we will levy charges for the fourth and any subsequent Unwanted Fire Signals received within a rolling 12-month period, from any premises where the Regulatory Reform (Fire Safety) Order 2005 applies to either all, or part of the premises.

Charges will be made under Section 18(c) of the Fire and Rescue Services Act 2004 (as amended), which states a fire and rescue authority may charge a person for responding to report of fire etc. when:

(i) The report of fire is at premises that are not domestic premises

(ii) The report is false

(iii) The report is made as a direct or indirect result of warning equipment having malfunctioned or been mis-installed

(iv) There is a persistent problem with false reports of fire at the premises that are made as a direct or indirect result of warning equipment under common control having malfunctioned or been mis-installed.

The charge is based on our current scale of charges per fire engine and crew for one hour plus an administration fee.

Our records indicate that a fire alarm system you are responsible for has caused an emergency response which has been identified as an Unwanted Fire Signal (not emergency). The incident(s) in the table below fall within the parameters of our charging policy.

Incident number	Date of emergency response	Time of call

The table below illustrates previous attendances to your premises in the last rolling 12-month period

Incident number	Date of emergency response	Time of call

The enclosed invoice is issued to the Responsible Person as defined under the Fire Safety Order.

Grounds for Appeals

All applications to appeal any charges raised in relation to Unwanted Fire Signals must define which aspect from the criteria of Section 18(c) of the Fire and Rescue Services Act 2004 (as amended) is the foundation of the appeal (See above).

The appeal must also clearly state the reason(s) why it is believed the incident(s) do not meet the chargeable criteria detailed in Section 18(c) of the Fire and Rescue Services Act 2004 (as amended).

If the appeal does not include this information, it cannot be considered and will be rejected. However, if the appeal contains information that demonstrates the incident was not chargeable, the charge will be cancelled.

Consideration will also be given to mitigating factors on the appeal, such as proactive measures adopted which have resulted in a cost to the organisation which have prevented further attendances by NYFRS to false alarms at your premises.

All appeals will be investigated and responded to within 21 days. A letter of acknowledgement will be sent to all those who raise an appeal detailing the time periods involved in the appeals process.

Appeals not upheld will result in a written response to advise the charge remains payable.

Invoices that contain the following administrative error will be resolved through appropriate correction and re-issue of the invoice, as necessary.

not addressed to the correct person or
not addressed the organisation responsible or
are not resolved under an appeal.

All applications to appeal any charges raised in relation to Unwanted Fire Signals must be made in writing within 28 days of the date of receipt to: –

Head of Protection & Risk
Unwanted Fire Signals Appeal
North Yorkshire Fire and Rescue Service
Alverton Court
Northallerton
North Yorkshire
DL6 1BF

or by emailing capabilities@northyorksfire.gov.uk

Appendix F – Charging Flowchart

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