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Risk Assessment
Review / Audit
Enforcement



Fire Safety Legislation

The Regulatory Reform (Fire Safety) Order 2005 applies to England and Wales and is referred to as the Fire Safety Order 2005.

The Fire Safety Order applies to virtually all premises and covers nearly every type of building, structure and open space. For example:

  • Office and shops
  • Factories and warehouses
  • Hospitals
  • Residential care and nursing homes
  • Hotels, B&B and hostels
  • Common areas in multi-occupied flats
  • Common areas in houses in multiple occupation
  • Community halls
  • Public houses, clubs and restaurants
  • Tents and marquees
  • Schools, colleges and universities

The regulation consolidates all previous fire safety legislation, with the emphasis on fire prevention through risk assessment.

Legal responsibility for complying with the Fire Safety Order rests with the 'responsible person'. In the workplace, this will be the employer and any other person who may have control of part of the premises.

In all other premises it will be the person or persons in control of the premises. Where there is more than one ‘responsible person’ in any type of premises they must take all reasonable steps to work with each other.

  • The legislation imposes a duty to take general fire precautions to ensure the safety of both employees and other relevant persons using the premises and includes:
  • Eliminating or reducing the risk and spread of fire as far as reasonably practical
  • Ensuring adequate provision of escape routes and exits and that they are maintained in good order
  • Providing appropriate firefighting equipment taking into account the size of the premises and the nature of the activities and risks.
  • Ensuring an adequate means for detecting fire and giving warning.
  • Arrangements for action in the event of fire including instruction and training of employees and measures to mitigate the effects of fire.

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Risk Assessment

The 'responsible person' is required to carry out a suitable and sufficient risk assessment for the safety of ALL persons legally on the premises.

The significant findings of the assessment must be recorded if:

  • Five or more persons are employed
  • A license is in force relating to the premises
  • An alterations notice (issued by the enforcing authority) is in force relating to the premises

In order to comply with the requirements of the regulation the 'responsible person' must appoint one or more competent persons* to assist in undertaking preventative and protective measures. The competent persons(s) may be an employee or a professional consultant.

The level of competence required will be determined by a number of factors relating to the premises to be assessed including the:

  • Use
  • Size
  • Construction
  • Occupancy

All employers should consider seeking the services of a *competent professional consultant.
Firesure UK Limited recommend that certain types of premises should only be assessed by a *competent consultant. These include:

  • Nursing and care homes
  • Hospitals
  • Hotels
  • Office buildings (large and/or high-rise)
  • Shops (large and/or high rise)
  • Factories
  • Schools, Colleges and Universities .

*A competent person is someone who has sufficient training, experience, knowledge and understanding of the principles of fire, fire safety standards, related guidance and regulations.

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Review/Audit

Any risk assessment should be reviewed by a *competent person if it is no longer valid or there are any significant changes made. In addition fire authorities would expect a risk assessment to be periodically audited. This should be undertaken annually.

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Enforcement

Local fire authorities will enforce the regulation through inspection The general approach to inspection will be to sample rather than fully inspect the fire safety arrangements. This reflects the shift in responsibility for setting standards under the regulations from the fire authority to the *responsible person. Authorities will have the power to issue notices of deficiencies, enforcement, restriction or prohibition, and if necessary take legal action.

To give further advice on risk assessment 13 guidance documents have been produced, which can be purchased or downloaded free from link:

http://www.communities.gov.uk/index.asp?id=1162101

If you are unsure or need assistance talk to us today and see how we can help you meet your obligation contact us.

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Firesure UK Ltd, Suite 3 The Red House, 53 High Street, Lymington, Hampshire SO41 9AH
Tel/Fax: 01590 610713 Mob: 07818 031717 E: firesureuk@yahoo.co.uk