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Your legal obligations
As the 'responsible person', you will need to carry out a number
of steps set out in the fire safety risk assessment
checklist to ensure that your premises is fully compliant with
the Regulatory Reform (Fire Safety) Order 2005.
This section includes an online form to help you assess how
compliant your premises are currently.
- How do I comply with the Order?
- Enforcement of the Order
- Compliance self-assessment
- Who is responsible?
How do I comply with the Order?
If you are the responsible person you must ensure a fire risk
assessment is carried out.
Although you can choose to appoint one or more competent persons to
assist you, you will remain responsible, in law, for complying with
the Order.
The level of necessary competence is not prescribed in the Order.
It recognises that the extent of competency will vary according to
the nature and complexity of the premises involved.
The responsible person, either on their own or in co-operation with
any other responsible person must as far as is reasonably
practical, ensure that everyone on the premises can escape safely
in the event of a fire.
This differs from previous legislation in that there is no longer
any distinction made between people who are employees, for example
in a place of work and members of the public at an open air
entertainment venue. It includes people who may have a disability
or anyone who may need special assistance.
The Order requires that the responsible person takes ownership of
the management of any risk in their premises. Fire certificates
have been abolished and those previously issued no longer have
legal status. You will therefore need to carry out a fire risk
assessment and ensure that your risk reduction, fire precautions
and maintenance routines are sustained.
Enforcement of the Order
Fire authorities are the primary enforcing agency for all fire
safety legislation in non-domestic premises, regardless of use.
They will target their resources and inspections at those premises
that present the highest risk. All fire authorities will address
complaints about fire safety, undertake post fire investigations
where poor fire safety matters are discovered and may carry out
targeted or sampling inspections.
Where breaches of the Order occur the fire authority will provide
practical advice or, where the risk is serious, formal notices.
Except in the most serious cases, the fire authority will work in
partnership with the responsible person in order to achieve a
satisfactory level of fire safety.
Where there is a very serious life risk the fire authority is able
to issue a notice preventing the premises being used for certain
things, (such as sleeping) or prohibiting all or part of the
premises being used at all.
In all cases there is a right of appeal. An informal appeal,
normally to a more experienced fire safety manager, can sometimes
identify a different method of complying with the Order. Where a
responsible person has failed to comply with the Order and cannot
agree with the enforcing authority what measures are necessary to
remedy the failure, the Order allows for both parties to approach
the Secretary of State for determination of the dispute.
In other circumstances, the responsible person can appeal to a
Magistrate.
Compliance self-assessment
The Regulatory Reform (Fire Safety) Order 2005 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 if a fire does occur. In such premises achieving
fire safety is often a matter of common sense but you will have to
ensure that sufficient time is put aside to work through the
necessary steps.
To help you ensure your premises comply with the new legislation,
an fire safety risk assessment checklist and an online
self-assessment form is available. The compliance self assessment
consists of a series of fire-safety related questions which should
take no more than ten minutes to complete. At the end of the
process, you will have the option to view your results and any
suggestions for improvement that may be applicable by means of an
online form which you can print or save for future reference (opens
in a new browser window).
To complete the fire safety risk
assessment checklist, click here.
If you still have any questions or concerns regarding any aspect of
fire safety within your premises, please contact your local Fire & Rescue
Service.
Who is responsible?
Under the Order, anyone who has control in a building or anyone who has a degree of control over certain areas or systems may be designated a "responsible person" for example:
- The employer for those parts of premises they have any control over.
- The managing agent or owner for common 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.
- Any other person who has some control over a part of a premises may be the responsible person in so far as that control extends.
Although in many premises the responsible person will be obvious, there may be occasions when a number of people have some responsibility.
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