The Law
Under
the Regulatory Reform (Fire Safety) Order 2005 there
is an absolute duty to ensure that adequate
precautions are taken to implement and maintain fire
safety in virtually all premises.
How does the law affect me?
The Fire
Safety Order places the responsibility of fire
safety on the ‘Responsible Person’. This can be
anyone who has control of a building or anyone who
has a degree
of control, such
as:
The Employer for
those parts of the premises they have any control
over.
The Owner of the building for those parts of a
premises or common fire safety equipment such as
fire warning systems or sprinklers.
The occupier of
premises that are not workplaces such as a
chairperson in a parish hall.
The occupier of
premises that are not workplaces such as a
chairperson in a parish hall.
Any other person person who has some control over a
part of a premises may be the responsible person in
so far as that control extends.
Residential dwellings are not generally affected by
the Fire Safety Order however the common parts of
flats are. All houses classified as a House in
Multiple Occupation (HMO) are also affected.
In many
premises the ‘Responsible Person’ may be a number of
people who are all responsible under the Fire
Order. You may wish to perform the duties in
conjunction with the other responsible persons but
it is not a legal defence to state that you believed
it was another person’s responsibility. In these
circumstances it is acceptable to undertake the fire
safety actions collectively, but you must ensure
that this is actually undertaken.
What is classed as a premises?
The
Fire Safety Order applies to virtually all premises
and covers nearly every type of building, structure
and open space. For example offices and shops,
premises that provide care, community halls, the
common areas of flats, Houses in Multiple
Occupation, pubs clubs and restaurants, schools,
marquees, hotels, guest houses, hostels and self
catering accommodation, factories, warehouses and
stables etc.
What Should I do?
The
Fire Safety Order requires any person who exercises
some level of control in a premises to take
reasonable steps to reduce the risk from fire and
ensure occupants can safely escape in the event of
fire. The first step is for a ‘Competent Person’ to
undertake a Fire Risk Assessment. You should then
act on its findings, maintain standards and
equipment in accordance with the law. Maintenance
needs to be checked through established procedures.
You
need to regularly review the assessment to ensure
that it is still relevant. You would need to
conduct a new Fire Risk Assessment if any changes
had occurred since the previous assessment that
could have a significant impact on the fire safety
of the area concerned, such as refurbishment, staff
or process changes etc.
What does
‘Competent'
Person’ mean?
It is a
requirement by the Fire Order and The Management of
Health and Safety at Work Regulations 1999 that a
‘Competent Person’ undertakes the Fire Risk
Assessment. A competent person is someone who has
sufficient training and experience or knowledge and
other qualities. Therefore to be competent to
undertake a Fire Risk assessment, significant
knowledge and experience in the following is
required:
•
The Regulatory Reform (Fire Safety) Order 2005
•
Fire causes
•
Structural fire protection materials
•
Fire alarms, extinguishers and fire suppression
equipment
•
Fire safety signage and emergency lighting
•
Fire hazards typical to a building type or process
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•
Risk Assessment process and knowledge of the risks
•
Building
construction
•
Means of
escape
•
Building Regulations and British Standards
•
Human behaviour under fire conditions
•
Reviewing Risk Assessments
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Summary
The Fire Order
requires that all premises where employees and
members of the public have access must have a
Risk Assessment and that this is undertaken by a
‘Competent Person’. Control measures must be
introduced to reduce the risk of fire occurring,
protect employees, contractors and members of
the public on the premises, protect adjacent
properties and the environment.
Failure to comply with fire safety duties can
render organisations and the ‘Responsible
Person’ to fines of up to £5000 for summary
offences and unlimited fines and or imprisonment
for up to two years for indictable offences.
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