Note for Guidance

The Fire Safety Advice Centre

Regulatory Reform (Fire Safety) Order 2005

Introduction

This submission is an overview of the legislation and is couched in very general terms consequently it should be read on conjunction with The Regulatory Reform (Fire Safety) Order 2005, and the Regulatory Reform (Fire Safety) Order 2005 Guidance Note No. 1 if a full understanding is required. The Regulatory Reform (Fire Safety) Order hereafter will be referred to as the Order in this document.The Order should have come into force on the 1st April 2006 but is delayed until the 1st October 2006. It was in response to a call to rationalise and simplify fire legislation in in the UK.

In Scotland, The Fire (Scotland) Act 2005 is now in force.More information is available at the Scots Scottish Fire Law website.

In Northern Ireland the Fire Precautions (Workplace) Regulations 1997/1999 is still in force.

This has been achieved by reforming and amending the United Kingdom`s principle fire safety legislation using the Regulatory Reform Act 2001. The order is designed to provide a minimum fire safety standard in all non domestic premises including all premises or parts of premises used for the purposes of an employer's undertaking, which is made available to employees as a place of work, or premises used in connection with the carrying of a trade, business or other undertaking, for profit or not, with a few exceptions. It designates a person usually, the employer, the manager or the owner and he is called the responsible persons. He/she, or a person acting on their behalf, is required to carry out certain fire safety duties (see part 2) which include ensuring the general fire precautions are satisfactory and conducting a fire risk assessment. If more than five persons are employed it has to be a written assessment.

Previous general fire safety legislation

This Order replaces previous fire safety legislation and any fire certificate issued under the Fire Precautions Act 1972 will cease to have any effect. If a fire certificate has been issued in respect of your premises or the premises were built to recent building regulations, as long as you have made no material alterations and all the physical fire precautions have been properly maintained, then it is unlikely you will need to make any significant improvements to your existing physical fire protection arrangements to comply with the Order.

However, you must still carry out a fire risk assessment and keep it up to date to ensure that all the fire precautions in your premises remain current and adequate. If you have previously carried out a fire risk assessment under the Fire Precautions (Workplace) Regulations 1997/1999 and this assessment has been regularly reviewed then all you will need to do now is revise that assessment taking account of the wider scope of the Order.

Your premises may also be subject to the provisions of a licence or registration (e.g. under the Licensing Act 2003 in that case the fire authority may wish to review your risk assessment as part of the licensing approval process. Fire safety conditions within your licence should not be set by a licensing authority where the Order applies.

Guidance on new fire legislation

The new, risk-assessment based regime requires those persons responsible for premises used by the public (including the self-employed and employees) to take action to prevent fires, and protect against death and injury should a fire occur.

This was the same duty currently imposed on employers by the Fire Precautions (Workplace) Regulations 1997, but under the new Order the duty will be extended beyond workplaces to include the majority of premises to which people have access.

To support the Order, the The Department of Communities and Local Government (DCLC) have published a number of new guidance documents to assist you in meeting your responsibilities. They will give advice on most types of premises where the duty to undertake a fire safety risk assessment under the Order applies. The Regulatory Reform (Fire Safety) Order 2005 - A short guide to making your premises safe from fire will give an overview and the following eleven guides will address the following categories of premises

The guides, have been drafted by DCLC in co-operation with a group of key stakeholders. These guides will be used a template so that there is a consistent approach across the whole suite. Around forty stakeholders representing enforcers, industry and users, and representing all occupancy types, have been consulted. Each guide is in two parts, the first part will explain how to undertake a fire safety risk assessment the second part of each guide will provide further guidance on the fire precautions. The guides are being written so as to be readily understood by those who have to comply with the requirements of the Order, not just fire safety experts.

Summary

The Order applies in England and Wales. It covers general fire precautions and other fire safety duties which are needed to protect ‘relevant persons’ in case of fire in and around most ‘premises’. The Order requires fire precautions to be put in place ‘where necessary’ and to the extent that it is reasonable and practicable in the circumstances of the case.

Responsibility for complying with the Order rests with the ‘responsible person’. In a workplace, this is the employer and any other person who may have control 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. If there is more than one responsible person in any type of premises (e.g. a multi-occupied complex), all must take all reasonable steps to co-operate and co-ordinate with each other.

If you are the responsible person you must carry out a fire risk assessment which must focus on the safety in case of fire of all ‘relevant persons’. It should pay particular attention to those at special risk, such as disabled people, those who you know have special needs and young persons and must include consideration of any dangerous substance liable to be on the premises. Your fire risk assessment will help you identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions you need to take.

If your organisation employs five or more people, your premises are licensed or an alterations notice is in force, you must record the significant findings of the assessment. It is good practice to record your significant findings in any case.

There are some other fire safety duties you need to comply with :-:

• You must appoint one or more competent persons, depending on the size and use of your premises, to assist the RP to carry out any of the preventive and protective measures required by the Order (you can nominate yourself for this purpose). A competent person is someone with enough training and experience or knowledge and other qualities to be able to implement these measures properly.
• You must provide your employees with clear and relevant information on the risks to them identified by the fire risk assessment, about the measures you have taken to prevent fires, and how these measures will protect them if a fire breaks out.
• You must consult your employees (or their elected representatives) about nominating people to carry out particular roles in connection with fire safety and about proposals for improving the fire precautions.
• You must, before you employ a child, provide a parent with clear and relevant information on the risks to that child identified by the risk assessment, the measures you have put in place to prevent/protect them from fire and inform any other responsible person of any risks to that child arising from their undertaking.
• You must inform non-employees, such as temporary or contract workers, of the relevant risks to them, and provide them with information about who are the nominated competent persons, and about the fire safety procedures for the premises.
• You must co-operate and co-ordinate with other responsible persons who also have premises in 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.
• You must provide the employer of any person from an outside organisation who is working in your premises (e.g. an agency providing temporary staff) with clear and relevant information on the risks to those employees and the preventive and protective measures taken. You must also provide those employees with appropriate instructions and relevant information about the risks to them.
• If you are not the employer but have any control of premises which contain more than one workplace, you are also responsible for ensuring that the requirements of the Order are complied with in those parts over which you have control.
• You must consider the presence of any dangerous substances and the risk this presents to relevant persons from fire.
• You must establish a suitable means of contacting the emergency services and provide them with any relevant information about dangerous substances.
• You must provide appropriate information, instruction and training to your employees, during their normal working hours, about the fire precautions in your workplace, when they start working for you, and from time to time throughout the period they work for you.
• You must 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.
• Your employees must co-operate with you to ensure the workplace is safe from fire and its effects, and must not do anything that will place themselves or other people at risk.

Question and Answers

Who has the main responsibly for implementing the Order (3)

The person who has the main responsibly for implementing the Order is the person designated the “responsible person” in relation to the premises and is :-

• In relation to a workplace – the employer where the workplace is to any extent under his control
• In relation to any premises not falling into the above, the person who has control of the premises (as occupier or otherwise) in connection with him carrying on a trade, business or other undertaking (for profit or not)
• The owner where the person carrying on the business does not have any control over the premises.

The requirements of the Order are in fact imposed on any person who has, to any extent, control of premises so far as the requirements relate to matters within their control.

Are your premises subject to the Order (6)

The Order applies to all premises except the following :-

• Domestic Premises except House in Multiple Occupation.
• Off shore installations
• A ship
• Fields, woods and other lands forming an agricultural or forestry undertaking
• An aircraft, locomotive or rolling stock or a vehicle for which a licence is in force
• A mine within the meaning of the Mines and Quarries Act 1954
• A borehole site

Study the "main use" section of the above guides and this will indicate if your premises is subject to the order and which guide will provide the guidance you require to meet your responsibilities under the order.

What are the general fire precaution duties (8)

The responsible person must:-

• Take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees, and
• In relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe.

What needs consideration with regards to the Risk Assessment (9)

The responsible person must make a suitable and sufficient assessment of fire risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under the Order.

Dangerous substances must be assessed in accordance with the criteria listed in Schedule 1 of the Order.

Risk Assessments must be reviewed regularly by the responsible person so as to keep it up to date.

Employment of Young People

Recording the Risk Assessment

Where the responsible person employs 5 or more employees he must record the information gathered during the risk assessment, in particular:-

• The significant findings
• The measures taken, or to be taken, to ensure general fire safety
• Any persons identified as being especially at risk

No new work activity involving a dangerous substance shall commence unless a risk assessment has been made and the measures required by the Order taken.

What are Fire Safety Arrangements (11)

The responsible person must make and give effect to such arrangements as are appropriate to the size and nature of his undertaking for:-

• Effective planning
• Organisation
• Control
• Monitoring
• Review

of the preventative measures necessary to manage fire safety.

Arrangements must be in writing where there are five or more employees.

Where a dangerous substance is in use in the premises the responsible person must eliminate or reduce the risks so far as is reasonably practicable. Where possible, dangerous substances must be replaced with less dangerous substances. Part 4 of Schedule 1 stipulates measures to be taken to control the risks of dangerous substances.

What needs consideration with regards to Fire Fighting and Fire Detection (13)

The responsible person must ensure that the premises are equipped with appropriate fire fighting equipment and with fire detection and alarms.

Any non-automatic fire fighting equipment so provided to be easily accessible, simple to use and indicated by signs.

What are Competent Persons (18)

The responsible persons must nominate competent persons to implement the measures for fire fighting in the premises.

The competent persons must be suitably trained, they must have adequate equipment available to them and the number of competent persons must be adequate for the premises and hazards associated with them.

Competent persons need to have sufficient training and experience and knowledge to enable them to properly implement the measures identified for fire safety.

What needs to be considered regarding emergency routes and exits (14)

• Emergency exit routes must be kept clear at all times – the responsible person has the over-riding duty.
• People must be able to evacuate the building to a place of safety quickly and safely.
• Emergency routes and exits must be adequate for the needs of the building and its use.
• Emergency doors must open in the direction of travel.
• Sliding and revolving doors must not be used as emergency doors unless specifically intended.
• Emergency doors and exits must not be locked or fastened that they cannot be easily and immediately opened by any person who may need to use them in an emergency.
• Emergency routes and exits must be indicated by signs.
• Emergency lighting must be provided where illumination is necessary.

What are Procedures for Serious and Imminent Danger (15)

• Fire drills
• Nomination of adequate numbers of competent persons to implement procedures relating to evacuation.
• Restrictions on access to dangerous areas unless people have appropriate training.
• Provide information to people on the hazards which will create serious or imminent danger and the steps to be taken to protect them from it.
• Implement procedures for the immediate cessation of work if people are exposed to danger and evacuation to a place of safety.
• Implement procedures to prevent any return to work if serious and imminent danger still exists.

Am I responsible for Maintenance (17)

• The responsible person must ensure that premises, equipment, facilities, devices etc provided for fire safety are subject to a system of suitable maintenance and are maintained in an efficient state, in efficient working order and in good repair.
• The requirement to maintain equipment provided for general fire safety purposes applies where equipment is to be provided under other enactments (including those that may have been repealed).

Can I appoint Safety Assistance (18)

• The responsible person must appoint one or more persons to assist him in taking preventative and protective measures.
• Competent persons must co-operate with each other.
• Where competent persons are appointed from outside the organisation they must be provided with adequate information and informed of any factors which may affect the safety of persons.

Do I have to provide Information for Employees (19)

The responsible person must provide his employees with comprehensible and relevant information on the risks identified on the Risk Assessment, the prevention and protective measures and the procedures for dealing with imminent and serious danger which he has assessed as necessary for persons’ safety.

• Employees must also be advised of the competent persons so appointed.
• Where two or more employers share the work place employees must be informed of any additional risks caused by either employer.
• If a child is employed the parent or guardian must be given the information contained in the Risk Assessment.
• Additional information must be given to employees about any dangerous substances.

Do I have to provide Information for Other Persons (20)

The responsible person must provide all employees of other employers with information on the fire safety risks whilst they are working in the premises, including the preventative and protective measures to be taken. Other employees must also be provided with instructions on fire safety and must be made aware of the competent persons for the premises.

Do I have to provide Training (21)

Employees must be provided with adequate fire safety training when they are first employed and when exposed to new or increased risks.

Training must cover the hazards, risks and controls in place to manage fire safety and be repeated periodically as appropriate.

Is Co-Operation between employers necessary(22)

Two or more employers must co-operate with each other in order to ensure fire safety, including coordinating working practices, controls and other fire safety procedures. Each employer must inform the other of fire safety matters which might affect the safety of the others’ employees.

Does Employees have any responsibilities(23)

What is contained in the Miscellaneous Provisions (Part 5)

A number of miscellaneous duties are contained in the Order including a duty to consult employees, a duty to maintain measures provided for the protection of fire fighters, a duty not to charge employees for things done or provided.

Also, where a premises is licensed the Licensing Authority must consult with the Fire Authority before issuing a Licence.

The Enforcing Authority must consult with the Licensing Authority before taking any enforcement action.

This handout provides a general overview and basic information on this topic. It may not apply to everyone, consequently to find out if this guide applies to you and to get more information on this subject, study all the relevant legislation, guides and British/European Standards. Also you should seek advice from an expert on the subject or your local Fire Safety Officer or Fire Safety Professional.

Merseyside Fire Liaison Panel. Permission is granted to print and photocopy this material for nonprofit educational uses.

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This page was last checked and modified on Thursday, 27 March, 2008 10:01