Fire Safety legislation

The Regulatory Reform (Fire Safety) Order 2005 and The Fire (Scotland) Act 2005 were introduced to consolidate existing Fire Safety legislation. The purpose of this consolidation was to simplify Fire Safety law.

Any Fire Certificate issued under the Fire Precautions Act 1971 no longer has any effect. Instead, a Fire Safety Risk Assessment must be undertaken. Some premises may also be subject to the provisions of a licence or registration (eg. under the Licensing Act 2003).

The legislation covers general fire precautions and other fire safety duties needed to protect ‘relevant persons’ in case of fire, in and around most ‘premises’. The legislation requires fire precautions to be put in place ‘where necessary’ and to the extent that it is reasonable and practicable.

The local fire and rescue authority (the fire and rescue service) will enforce the legislation in most premises.

What is Required?

Under The Regulatory Reform (Fire Safety) Order 2005 and The Fire (Scotland) Act 2005, anyone who has control of premises or who has a degree of control over certain areas or systems may be designated a ‘responsible person’ (eg. an employer, a managing agent, an owner, an occupier or any other person who has some control over all or part of relevant premises).

The ‘responsible person’ is required to:

Instruct a competent body to carry out a Fire Risk Assessment identifying the risks and hazards, and create a Fire Log Book.

Report on who is considered to be especially at risk.

Put in place plans and actions to eliminate or reduce the risk from fire as far as is reasonably practical, and provide general fire precautions to deal with any residual risk.

Take additional measures to ensure fire safety where flammable or explosive materials are used or stored.

Create a detailed plan to deal with any emergency and, in most cases, document the findings.

Review the findings, as necessary, and update the Fire Log Book.

The legislation applies to virtually all premises and covers nearly every type of building, structure and open space, for example:

Offices and shops

Premises that provide Care

Pubs, clubs and restaurants

Hotels and hostels

Factories and warehouses

Although organisations are not specifically required to produce a fire safety policy, it is considered to be good practice. A fire safety policy should clearly identify the approach to Fire Safety within a property, including for example, providing commitment to train staff and maintenance of fire fighting equipment.

The Fire Safety (Northern Ireland) Regulations 2006 together with Part III of The Fire and Rescue Services (Northern Ireland) Order 2007 are due to become law during 2008.