Fire safety rounds and tours in public buildings and high-rise buildings: regulatory obligations and legal responsibilities

Introduction

Fire safety in public buildings (ERP) and high-rise buildings (IGH) is a major public health and employer responsibility issue. A public building (ERP) is required to comply with fire and panic safety regulations. At the heart of this preventive system, fire safety patrols and rounds represent an essential link, the organization and execution of which directly engage the employer's responsibility.

Faced with recent regulatory developments and increasingly demanding case law, business leaders, human resources managers, and prevention officers must master the legal and technical implications of this obligation. This article examines the regulatory foundations, the specificities according to the categories of establishments, recent regulatory developments, and the legal consequences in the event of failure.

I. The general regulatory framework for fire safety rounds

1.1. Legal basis in the Construction and Housing Code

The obligation to organize fire safety rounds finds its main source in the Construction and Housing Code (CCH), in particular in the decree of June 25, 1980 approving the general provisions of the safety regulations against the risks of fire and panic in ERP.

Articles GE 5 and GE 6 of this regulation require operators to maintain a permanent surveillance service adapted to the nature of the operation and the risks presented. This surveillance must include security rounds, the frequency and procedures of which are specified according to the category of the establishment.

For high-rise buildings, the specific security regulations, established by the decree of December 30, 2011, specify in its articles GH 58 and GH 59 the specific obligations in terms of surveillance and patrols, adapted to the specificities of these high-rise buildings.

1.2. Articulation with the Labor Code

Article L. 4121-1 of the French Labor Code requires employers to take the necessary measures to ensure the safety and protect the physical and mental health of workers. This general obligation is reflected, in matters of fire safety, in the implementation of appropriate prevention and monitoring measures.

Article R. 4227-39 of the Labour Code supplements this system by specifying that the employer must organize in his establishment a fire surveillance service adapted to the nature of the operation and the significance of the risks.

II. Differentiation of obligations according to categories of establishments

2.1. ERP from 1st to 4th category: reinforced requirements

ERPs in the first to fourth categories (numbers exceeding 300 people for the 4th category) are subject to strict obligations regarding security rounds:

Mandatory fire safety service : These establishments must have a permanent fire safety service, provided by qualified SSIAP (Fire Safety and Assistance to Persons Service) personnel.

Frequency of rounds : Rounds must be carried out every hour during operating periods and at least every 3 hours outside of these periods. This frequency may be adapted according to the risk assessment and the requirements of the safety commission.

Mandatory traceability : Each round must be the subject of a precise record mentioning the time, the identity of the agent, the anomalies noted and the measures taken.

2.2. 5th category ERP: reduced but existing obligations

Fifth category ERPs (staff of less than 300 people) benefit from a more flexible regime but are not exempt from obligations:

Surveillance service : A surveillance service must be organized, which may be provided by non-specialist personnel trained in safety instructions.

Adapted rounds : The frequency of rounds is determined based on the specific risks of the establishment, generally every 2 to 4 hours depending on the activity.

2.3. IGH: specificities linked to height

High-rise buildings are subject to specific requirements adapted to their architectural constraints:

Classification by class : Obligations vary according to the classes GHA (residential), GHO (hotels), GHR (education), GHS (archives), GHU (sanitary), GHW1 and GHW2 (offices), GHZ (mixed).

Reinforced security service : All high-rise buildings must have a permanent 24-hour fire safety service, with SSIAP agents of a level adapted to the class of the building.

Sector rounds : Rounds must cover all levels according to an established schedule, with particular attention to technical rooms and evacuation routes.

III. Sector specificities and adaptation of rounds

3.1. Health establishments

Healthcare establishments have specific features linked to the presence of patients with reduced mobility and the use of sensitive medical equipment:

Continuous rounds : Establishments receiving inpatients must organize continuous monitoring with rounds every hour at least.

Qualified personnel : Agents must be trained in the specificities of evacuating people with reduced mobility and the risks associated with medical equipment.

Coordination with healthcare teams : Rounds must be coordinated with healthcare teams to avoid interference with medical activities.

3.2. Hotels

The hotel sector presents specific risks linked to the accommodation of people unfamiliar with the premises:

Enhanced night surveillance : Rounds must be particularly frequent during sleeping hours (every hour between 10 p.m. and 6 a.m.).

Checking emergency exits : Particular attention must be paid to keeping exits clear and to emergency lighting.

Reception Staff Training : Reception staff must be trained in evacuation procedures and emergency instructions.

3.3. Shopping centers

Shopping centers, due to their size and high traffic, require specific organization:

Sector rounds : The establishment must be divided into sectors with scheduled rounds for each area.

Coordination between tenants : Monitoring obligations must be clearly divided between the center manager and the shop operators.

Access monitoring : Particular attention must be paid to access and emergency exits, which are often numerous in these establishments.

IV. Recent regulatory developments (2019-2024)

4.1. Reform of SSIAP training

The amended decree of May 2, 2005 has been the subject of significant updates concerning the training of fire safety officers:

Reinforcement of prerequisites : valid SST or PSE or PSC 1 less than 2 years old are now mandatory to access SSIAP 1 training.

Qualiopi Certification : To comply with Quality Decree No. 2019-564 of June 6, 2019, training organizations must hold Qualiopi certification.

Mandatory refresher training : Fire safety service personnel are required to undergo first aid refresher training every two years.

4.2. Digitalization and new technologies

Technological developments have led to an adaptation of monitoring methods:

Electronic timekeeping systems : The use of badges or RFID chips to track patrols is becoming increasingly widespread and accepted by security commissions.

Integration with ISS : Fire safety systems (ISS) can now be interfaced with patrol management systems to optimize monitoring efficiency.

V. Articulation between rounds and automated systems

5.1. Complementarity of the devices

Security rounds do not replace automated fire safety systems but work in conjunction with them in a complementary manner:

Automatic detection : Automatic fire detection systems (AFDS) provide continuous monitoring of premises, but cannot detect all types of anomalies.

Human intervention : Patrols allow for the detection of malfunctions in automatic equipment, anomalies in human behavior, and the provision of preventive maintenance.

Periodic check : Patrol officers must check that safety equipment (safety lighting, fire doors, etc.) is working properly.

5.2. Intervention protocols

The organization of the rounds must include intervention protocols in the event of an alarm from the automatic systems:

Removal of doubt : The patrol officer must be able to quickly reach the location of an alarm to remove any doubt.

Graduated procedures : Depending on the nature of the anomaly detected, the agent must apply graduated procedures ranging from simple recording to alerting the emergency services.

VI. Practical recommendations for implementation

6.1. Frequency and organization of rounds

Risk assessment : The frequency of rounds must be determined by an assessment of the establishment's own risks, taking into account the activity, the configuration of the premises and the presence of the public.

Adaptive planning : The round schedule must be able to adapt to variations in activity (closing periods, exceptional events, works).

Geographic coverage : All parts of the establishment accessible to the public or presenting risks must be covered by the rounds.

6.2. Traceability and documentation

Electronic logbook : The use of digital tools for maintaining the logbook facilitates traceability and data exploitation.

Photographs and videos : Photographic documentation of observed anomalies strengthens traceability and facilitates the monitoring of corrective actions.

Data retention : Patrol records must be kept for at least two years in order to be presented to the control authorities.

6.3. Training and qualification of staff

Initial training : To become a fire safety officer, it is mandatory to follow SSIAP 1 training. This qualifying training lasts approximately 2 weeks.

Continuing training : Beyond regulatory training, staff must be regularly made aware of changes in risks and equipment.

Skills assessment : Practical exercises and regular assessments help to verify that skills are maintained.

VII. Legal responsibilities and recent case law

7.1. Criminal liability of the manager

The manager's liability is twofold. On the one hand, criminal liability requires him, when he is the perpetrator or accomplice of a criminal offence, to undergo the criminal sanction provided for by the text which punishes it (fine, ban on management, imprisonment, etc.).

In matters of fire safety, the manager may be held criminally liable for:

Homicide or unintentional injuries : In the event of a fire causing casualties and resulting from a failure to supervise or organize patrols.

Deliberate endangerment : Failure to organize security patrols in accordance with regulations may constitute deliberate endangerment of the lives of others (article 223-1 of the Criminal Code).

Failure to comply with regulatory obligations : Violations of safety regulations constitute class 5 offenses punishable by fines and administrative sanctions.

7.2. Civil and administrative liability

Civil liability which obliges him, when he has committed a fault in the exercise of his functions, to repair the damage caused to the company or to a third party, by the payment of damages.

Compensation for victims : In the event of a disaster, the absence or inadequacy of patrols may constitute a fault on the part of the operator, incurring civil liability.

Administrative sanctions : The competent authorities may issue administrative measures ranging from formal notice to temporary or permanent closure of the establishment.

7.3. Recent developments in case law

Although convictions specifically linked to security patrol failures are not systematically publicized, recent case law shows a trend towards worsening sanctions in matters of fire safety:

Strengthening the obligation of results : The courts are increasingly upholding an obligation of results in matters of security, making it difficult to exonerate from liability in the event of a disaster.

Strict assessment of obligations : Acting involuntarily or in manifestly deliberate violation of a particular obligation of prudence or safety imposed by law or regulation is now severely punished.

Extension of liability : Liability may be retained even in the absence of direct fault, provided that a lack of organization or supervision contributed to the loss.

VIII. Administrative and criminal sanctions

8.1. Range of administrative sanctions

The administrative authorities have an arsenal of graduated sanctions to punish breaches of monitoring obligations:

Formal notice : First level of sanction, it requires the operator to regularize the situation within a specified period.

Administrative closure : In the event of serious and imminent danger, the authority may order the immediate closure of the establishment.

Permanent closure : In the event of serious and repeated breaches, the operating permit may be withdrawn.

8.2. Applicable criminal sanctions

The penalties are provided for in Articles 322-5 to 322-11-1 of the Criminal Code in the event of a fire resulting from a lack of supervision:

Fines : Violations of safety regulations constitute class 5 fines (maximum fine of €1,500).

Offenses : In the event of personal injury, penalties can be up to 3 years' imprisonment and a fine of €45,000 for involuntary manslaughter.

Aggravating circumstances : Having used dangerous means or manifestly breached a safety obligation constitutes aggravating circumstances.

IX. Development prospects and recommendations

9.1. Digitalization and artificial intelligence

Technological developments open up new perspectives for optimizing security rounds:

Predictive surveillance : Using artificial intelligence to analyze surveillance data could help anticipate risks.

Augmented Reality : Augmented reality technologies can assist officers in their rounds by providing them with contextual information.

Internet of Things (IoT) : The interconnection of security equipment will enable more detailed monitoring and better system integration.

9.2. Strategic recommendations

For managers and security officers, several areas for improvement are recommended:

Global approach : Integrate fire safety into a global approach to corporate risk management.

Continuing education : Invest in continuing education for staff to maintain a high level of competence.

Regular audit : Call on external experts to regularly audit the security organization.

Documentation : Maintain complete and up-to-date documentation of procedures and training.

Conclusion

Fire safety patrols and rounds are a central element of the prevention system in public buildings and high-rise buildings. Their organization is the direct responsibility of the employer and requires a methodical approach that takes into account the specific characteristics of each establishment.

Recent changes in regulations, particularly in the training of SSIAP agents, and the strengthening of case law in matters of liability make it essential for managers and their teams to have a perfect understanding of these obligations.

Beyond simple regulatory compliance, effective organization of security patrols helps protect people and property, contributes to preserving the company's image and can constitute a competitive advantage in certain sectors of activity.

Faced with the growing complexity of these obligations and the legal issues that arise from them, support from specialized professionals and the implementation of a continuous improvement process appear to be essential investments for any manager concerned with controlling these risks.