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The Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 became effective on 1 October 2006. It replaces and amends all previous fire regulations and related legislation.
The reform of fire safety regulations focuses on a more proactive approach to fire prevention. It places emphasis on preventing fires and reducing risk.
Implications for businesses
Fire certificates will no longer be issued. Instead each business as employers will be responsible for their own fire safety. The employer must conduct a fire risk assessment. If five or more people are employed, this risk assessment must be documented.
A fire risk assessment needs to be completed and must include property safety, fire fighter safety and the environment around the site. This means that the risk to neighbouring buildings and fire fighters must be considered and reduced. Protection is also extended to all occupants, not just employees but visitors, contractors and passers-by have to be considered in the risk assessment.
With building fire safety being solely risk assessment led, the government believes the removal of fire certificates will save businesses £1.7m per year. The long term saving if all businesses carry out a fire risk assessment could be around £110 million based on a reduction of workplace fires.
The Government hopes that the Regulatory Reform (Fire Safety) Order will be less burdensome and clearer, allowing individual businesses a greater amount of control with the fire brigade reinforcing the Safety Order’s requirements.
Who is responsible
The Order states that the responsibility for fire assessment and removal of risk will rest with the ‘responsible person’. This is considered to be:
- An employer with control of a workplace
- A contractor with overall management of a building
- An occupier responsible for business premises
- An owner responsible for business premises (i.e. empty buildings)
The responsible person will be held accountable; it will be their responsibility to ensure the safety of everyone who uses their premises. If you feel that you qualify as a ‘responsible person’ then you need to act now and ensure you have a suitable and sufficient risk assessment in place.
If you have any concerns or questions regarding the regulations, please contact one of our Commercial Property specialists for further details.
Legal advice may vary according to the circumstances of each particular case. Please contact us for advice.