REGULATORY IMPACT ASSESSMENT - FIRE REGULATIONS

1.0 Introduction and Background

The desire or aspiration to transform Zambia into a strong and dynamic middle-income industrial nation that provides economic opportunities entails creating a conducive business environment for investment. Good risk management frameworks and protection of property are important factors on business investment. Prevention of fire outbreaks is an important consideration at work places. Fire outbreaks can result in significant social impacts and financial loss.

The responsibility of providing fire services is constitutionally a mandate of Local Authorities (LAs). In view of the above, Local Authorities are expected to establish and equip Fire Stations to effectively manage risks associated to outbreak of fire and other rescue services.

This RIA report analyses the challenges businesses particularly, Micro, Small and Medium Enterprise (MSMEs) are experiencing regarding the current administration of the fire regulation by local authorities and identifies and evaluates various option that would be appropriate in addressing the problem.

2.0 Problem Statement

Data on the occurrence of fires has shown that the frequency and prevalence of the fires have increased over the recent past, rendering the communities and businesses even more vulnerable. In 2019, a total of 2133 fire incidents were reported and K78,430,183.00 was the estimated loss of damage of property (Ministry of Local Government Annual Report, 2019). The situation is worsened by inappropriate administration of fire safety regulations by local authorities, lack of awareness on fire safety by majority of the businesses and inadequate fire services in Zambia has been unsatisfactory. This scenario has resulted in the loss of both human life and property.

Fire safety has not been properly managed in spite of existence of regulations for prevention and control of fire outbreaks. This is evidenced by the growing cases of fire gutting markets, business buildings and private homes. This results in financial losses and property. The most recent case being the gutting of the City Market in Lusaka and Kapalala Market in Ndola. Investigations established that the cause of the fire at Kapalala Market was carelessness by one of the charcoal traders. Inadequate fire-fighting equipment and poor implementation of the law has failed to contain fire outbreaks.  

Many businesses have contended that although local authorities are charged with responsibility of implementing fire regulations in their jurisdictions, they do not provide satisfactory fire services. MSMEs complain about the administration of fire regulations which they consider to be a tool for revenue generation for local authorities. This situation has increased the cost of doing business for small businesses. Small businesses such as market stalls are made to pay high fees averaging K600.00 for fire certificate.

Businesses do not understand the reason they are made to pay for a fire certificate as they do not offer any service to prevent and/or control fire outbreaks. During stakeholder engagement meetings in 2020, small businesses at Chifubu, Ndeke and Twapya Market lamented that despite being made to pay fire certificate fees, the local authorities do not check for necessary fire safety requirements such as fire extinguishers, conducting regular inspections for fire-fighting equipment, usable fire exit and proper exit signage, and ensure business premises have proper storage and handling of flammable materials. Other submissions were that small businesses were unable to comply with requirements for issuance of a fire certificate.

Research evidence on industrialisation and the risk of fire, done by Abir and Coleman (2014) (2006), shows a correlation between fire and rescue incidents and levels of economic activity. Based on this evidence and other observed variations in the level of economic activities across regions in Zambia, fire hazards or outbreaks in the urban setting are more likely to occur in the Copperbelt and Lusaka regions, which are also the most urbanised and affluent.

Furthermore, inspection of designated trading places both at construction and operating stages for fire safety compliance has seldom been carried out. The result is increased risk of fire outbreaks and other rescue challenges, in addition to the declining preparedness and capacity to contain any such occurrence.

The Agency now invites stakeholder comments on the matter.