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Legislation, Definitions & FAQ's
- What is the new legislation?
- Do I need a fire risk assessment?
- What type of premises does it affect?
- Who has responsibility to do something?
- What are the duties of the responsible person?
- Who has to do the fire risk assessment?
- What is the definition of a competent person?
- What happens if I do nothing?
- What should be in a Fire Risk Assessment?
- Must I have a written copy of a fire risk assessment?
- Must I train staff?
- What happens in a building with more than one occupier?
What is the new legislation?
The Regulatory Reform (Fire Safety) Order 2005 (The Order)
The Order applies in England and Wales and came into effect on the 1st October 2006. It replaces many other previous pieces of fire legislation including the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regs 1997. It has become the principle piece of legislation regulating fire at work and uses the fire risk assessment as the basic means of preventing fire.
If you have a certificate issued under the FP Act 1971, it will cease to have any effect. However, if a fire certificate was issued and you have made no material alterations and all the physical precautions have been properly maintained, then it is unlikely that you will need to make any significant improvements to your physical fire protection arrangements. But note, YOU MUST STILL CARRY OUT A FIRE RISK ASSESSMENT AND KEEP IT UP TO DATE to comply with The Order.
If you carried out a risk assessment under the Fire Precautions (Workplace) Regs 1997, as amended 1999, and you have regularly reviewed it, then all you need do is revise that assessment taking into account the wider scope of the Order.
If your premises is subject to the provisions of a licence or registration e.g. under the Licensing Act 2003, the fire authority may wish to review your risk assessment as part of the licensing approval process.
Do I need a fire risk assessment?
Yes, a fire risk assessment is not optional. You must carry out a fire risk assessment in almost all non-domestic premises other than offshore installations, ships, agricultural or forestry land, mines and boreholes.
What type of premises does it affect?
It applies to almost every type of premises other than single private dwellings and includes those relating to the voluntary sector and the self employed. The major categories are: -
- Offices and Shops
- Factories and Warehouses
- Sleeping Accommodation
- Residential Care Premises
- Educational Premises
- Pubs, Clubs and Restaurants
- Theatres, Cinemas, Exhibition & Conference Centres
- Open Air Events, Tents and Marquees
- Healthcare Premises
- Transport Premises
Who has responsibility to do something?
Compliance with The Order rests with the ‘Responsible Person’ and the responsible person has a legal obligation to carry out a Fire Risk Assessment at their premises.
In a workplace, this is the employer and any other person who may have control of any part of the premises, e.g. the occupier or owner. In all other premises, the person or people in control of the premises will be responsible. In common areas in a multi occupied building; this may be the managing agent or owner. All responsible persons in a multi occupied building must take reasonable steps to co-operate with each other.
What are the duties of the responsible person?
The responsible person has overall responsibility for:
- Carrying out the Fire Risk Assessment.
- Putting into place, precautions to safeguard employees and non-employees paying particular attention to those at special risk, such as disabled people, those with special needs and children.
Ensuring that testing and maintenance are carried out for such aspects as:
- Fire detection and alarm systems,
- Fire fighting equipment,
- Emergency exit routes and fire exits,
- Fire evacuation drills and assembly points.
Who has to do the fire risk assessment?
The responsible person can delegate the task to another person but that other person must be competent. However, the ‘responsible person’ maintains overall responsibility under The Order.
What is the definition of a competent person?
The fire risk assessment must be carried out by a ‘competent person’. This person must have adequate knowledge, training, experience or other qualities to enable them to assist the responsible person to discharge their legal duties.
Enforcement.
The Fire Authority have the power to inspect your premises to check that you are complying with your duties under The Order.
They will check that you have carried out a suitable fire risk assessment and acted on the significant findings of that assessment. If they are dissatisfied with the outcome of your risk assessment or the action you have taken, they may issue an enforcement notice that requires you to make certain improvements or in extreme cases, issue a prohibition notice that restricts the use of all or part of your premises until improvements are made.
Failure to comply with any duty imposed by the Order or any notice issued by the enforcing authority is an offence and can have serious consequences i.e. on summary conviction the penalty can be as much as £5,000. If the matter is taken on indictment, it could lead to an unlimited fine or 2 years imprisonment or both. There is of course an appeals system.
What is a fire risk assessment?
The fire risk assessment is an organised and methodical survey of your premises, the activities carried on there and an assessment of the likelihood that a fire could start and cause harm to those in and around the premises.
It should follow this five step process:-
Identify the Fire Hazards
Sources of ignition
Sources of Fuel and Oxygen
Identify the people at Risk
People in and around the premises
People especially at risk
Evaluate, Remove, Reduce and Protect from Risk
Evaluate the risk of fire occurring
Evaluate the risk to people from fire
Remove or reduce the risks to people
Consider the need for:-
- Detecting and warning
- Fire-fighting
- Escape routes
- Lighting
- Signs and notices
Maintenance of all the above
Record, Plan, Inform, Instruct and Train
Record significant findings and action taken
Prepare an emergency plan
Inform and instruct relevant people; co-operate and co-ordinate with others
Provide staff training
Review
Keep assessment under review
Revise where necessary
Must I have a written copy of a risk assessment?
If your organization employs 5 or more people, your premises are licensed or the fire authority has issued you with an Alterations Notice, you must record the significant findings of the assessment. It is good practice to record your findings in any case. If the fire authority ask if you have carried out a fire risk assessment, it may be difficult to prove otherwise without written evidence.
Yes, you must provide appropriate information, instruction and training to your employees about the fire precautions in your workplace, at the time they start working for you and from time to time throughout the period they work for you.
What happens in a building with more than one occupier?
If you are not the employer, but have any control of the premises which contain more than one workplace, you are responsible for ensuring that the requirements of The Order are complied with in those parts over which you have control. These might be the stairwells and other common or circulation areas.
If you are one of a number of employers in a multi-occupied building, you are responsible for your area and you must co-operate and co-ordinate with other responsible persons who also have premises within the building, inform them of any significant risks you find, and how you will seek to reduce/control those risks which might affect the safety of their employees.
Some content is accredited to HM Government, 2006,Guide to Fire Safety Risk Assessment.
