Legislation

What the Law requires

The Regulatory Reform (Fire Safety) Order 2005 was introduced to England and Wales to replace a plethora of previous fire regulations; in Scotland this is covered by the Fire (Scotland) Act 2005 but in essence both sets of legislation are fundamentally similar. This legislation revokes the requirement for the fire service to provide a fire certificate for non domestic premises but places the onus for ensuring that the fire precautions remain current and adequate on the appointed ‘Responsible Person’ (or Employer in Scotland).

In a workplace the Responsible Person is identified as the employer and any other person who may have control of any part of the premises i.e. the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one Responsible Person in any type of premises (e.g. a multi-occupied complex), all must take reasonable steps to co-operate and co-ordinate with each other.

To ensure that the main requirements of the above legislation are met the Responsible Person/Employer must:

  • Ensure that a suitable and sufficient fire risk assessment is carried out – this must be recorded if you employ 5 or more persons.
  • Appoint one or more Competent Persons to carry out the preventative and protective measures required by the Order.
  • Provide your employees or temporary/contact workers with information on the risks relevant to them identified by the fire risk assessment.
  • Co-operate and co-ordinate with other Responsible Persons who also have premises within the same building.
  • Consider the presence of any dangerous substances and risk posed by these substances.
  • Provide appropriate information, instruction and training to your employees about the fire precautions in the workplace.
  • Ensure that the premises and any equipment provided in connection with firefighting, fire detection and warning, or emergency routes and exits are covered by a suitable system of maintenance, and are maintained by a Competent Person in an efficient state, in efficient working order and in good repair.

Employees also have a responsibility to co-operate with the Responsible Person to ensure that the workplace is safe from fire and its effects.

Legislation other than the Regulatory Reform (Fire Safety) Order and the Fire (Scotland) Act may also impose additional fire safety requirements onto a workplace; this includes such regulations as The Workplace (Health, Safety and Welfare) Regulations 1992, The Disability Discrimination Act 1995, The Health and Safety (Safety Signs and Signals) Regulations 1996 etc.

Further information on fire risk assessment for different types of premises within England and Wales or Scotland is provided in the guidance documents at:

www.firesafetyguides.communities.gov.uk
or
www.infoscotland.com/firelaw