Construction (Health, Safety & Welfare) Regulations 1996
Previously, the Health and Safety Executive (HSE) was responsible for enforcing safety standards on almost all construction sites. The 1996 Regulations have now given some enforcement power to the Fire Authority for fire safety on construction sites, but only in the case of premises that are also occupied by persons other than those engaged in the construction work.
The HSE are still responsible for enforcing all other safety matters on such sites. For construction sites where there are no other occupiers, the HSE are solely responsible for all safety matters, including fire safety.
For example the HSE will remain the enforcing authority when a construction site (or sites) is physically separated from other existing structures by space or fire-resisting walls so that it may be said to constitute separate premises, it should be treated as separate premises.
For enforcement purposes, where an existing occupied structure is being extended and there is a risk of fire spreading from one part of the structure to the other (e.g. through doors or other openings in separating walls) the Fire Authority will be the enforcing authority for the fire provisions of the Regulations for the whole premises. Where there is no risk of fire spreading from one part of the structure to the other, HSE will be the enforcing authority.
It should be noted that not all construction sites will need to have provision for fire safety, and some may only require it at certain stages in the construction work. The Regulations can only be enforced where fire safety is a necessary consideration.
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