Legislation

The Regulatory Reform (Fire Safety) Order 2005, and the Fire (Scotland) Act 2005 and the associated Fire Safety (Scotland) Regulations 2006 applies to ALL NON DOMESTIC premises in England, Wales and Scotland, INCLUDING the common parts of blocks of flats and houses in multiple occupation (HMOs).

If you are in control of any part of a commercial premise, a licensed premise or communal area within flats, sheltered housing and houses of multiple occupation you are under legal obligation to carry out a detailed fire risk assessment.

You must keep a written record of your fire risk assessment if your business has five or more people.

The Regulatory Reform Order 2005 makes various stipulations;
Article 8 – Responsible Person

1. 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
  • 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.

Meaning of “general fire precautions”
4.—

  • measures to reduce the risk of fire on the premises and the risk of the spread of fire on the premises
  • measures in relation to the means of escape from the premises
  • measures for securing that, at all material times, the means of escape can be safely and effectively used
  • measures in relation to the means for fighting fires on the premises
  • measures in relation to the means for detecting fire on the premises and giving warning in case of fire on the premises
  • measures in relation to the arrangements for action to be taken in the event of fire on the premises, including—
    • measures relating to the instruction and training of employees
    • measures to mitigate the effects of the fire

Article 9 - Risk Assessment

  • The responsible person must make a suitable and sufficient assessment of the 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 this Order.
  • Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if—
    • there is reason to suspect that it is no longer valid; or
    • there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions, and where changes to an assessment are required as a result of any such review, the responsible person must make them.