Fire Risk Assessments Compulsory
Fire Risk Assessments become compulsory by 01 October 2006 under the new Regulatory Reform (Fire Safety) Order 2005 (SI 2005 No. 1541).
It is now a LEGAL requirement for ALL business operators to undertake Fire Risk Assessments. The legislation specifies that it is the business owner or controller who is responsible for fire safety and Fire Risk Assessments, and NOT just the property owner.
The Fire Safety Order reforms fire safety law in non-domestic premises in England and Wales. It replaces fire certification under the Fire Precautions Act 1971 with duties to;
Carry out a Fire Risk Assessment
Ensure, the safety of employees so far as is reasonably practicable
Take fire precautions to ensure that premises are safe for employees and non-employees,
The main duty holder is the "responsible person" in relation to the premises. The duties on the responsible person are extended to any person who has, to any extent, control of the premises and to the extent to which they have control. This would include landlords, Facility Managers, Employers occupying premises etc.
The Order also contains specific requirements relating to:
- Fire Risk Assessments
- elimination or reduction of risks from dangerous substances
- · fire-fighting and fire detection
- · emergency routes and exits
- · procedures for serious and imminent danger and for danger areas
- · additional emergency measures in respect of dangerous substances
- · maintenance
- · safety assistance
- · provisions of information to employers and the self-employed from outside undertakings
- · training
- · co-operation and co-ordination at work.
The Order amends, repeals and replaces a considerable amount of existing legislation and parts of existing legislation. It repeals the Fire Precautions Act 1971 and revokes and replaces:
- · the Fire Certificate (Special Premises) Regulations 1976 (SI 1976 No. 2003)
- · the Fire Precautions (Workplace) Regulations 1997 (SI 1997 No. 1840)
- · the Fire Precautions (Workplace) (Amendment) Regulations 1999 (SI 1999 No. 1877).
The commencement date has been changed from 6 April 2006 to 1 October 2006 by the Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (SI 2006 No. 484)
The Fire (Scotland) Act 2005 will introduce a similar fire duty regime for Scotland.
A draft SSI: The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 has been issued. This proposes modifications to existing legislation to replace references to existing fire safety legislation with references to the fire duties regime of the 2005 Act.
The Regulatory Reform (Fire Safety) Order 2005 (SI 2005 No. 1541) is available at www.opsi.gov.uk/si/si2005/20051541.htm
The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 is available at www.opsi.gov.uk/si/si2006/20060484.htm
The Fire (Scotland) Act 2005 is available at www.opsi.gov.uk/legislation/scotland/acts2005/20050005.htm .
The draft Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 is available at www.opsi.gov.uk/legislation/scotland/ssi2006/draft/20060733.htm .
If your organisation requires assistance with conducting a Fire Risk Assessment please contact us here. Please remember that Fire Risk Assessments are compulsory for all businesses from 01 October 2006
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