Regulatory Reform (Fire Safety) Order

Not a New Law

Strictly speaking, it would be a mistake to refer to the Regulatory Reform (Fire Safety) Order as “New” fire safety law. As its title implies, it is really a reform of existing requirements; previously spread across more than 100 discrete items of legislation, the main items being the Fire Precautions Act and the Fire Precautions (Workplace) Regulations.

As such, the Order is intended to simplify understanding of, compliance with, and enforcement of, the law.

It is probably also worth making the point that, with very few exceptions, this legislation covers all non-domestic premises.

So what are the main changes?

Risk Assessments instead of Fire Certificates

Perhaps the most prominent change to catch everyone’s attention is that fire certificates will no longer be required and any that have been issued will cease to have any legal status.

Instead, the new approach relies on Risk Assessments that are carried out in much the same way as for other aspects of health and safety.

Acting on the findings of risk assessments, employers have a responsibility to do all that is reasonably practicable to safeguard employees and people who are not employees but who may be exposed to risk in the event of fire.

Responsible Person

The legislation makes reference to the “Responsible Person” - a specified individual who is responsible for the premises. This person is the main duty holder in regard to fire safety and therefore has overall responsibility for:

Undertaking the Fire Risk Assessment
Putting precautions in place to safeguard employees and non-employees
Ensuring that testing and maintenance is carried out for such aspects as
- Fire detection and alarm systems
- Fire fighting equipment
- Emergency exit routes and fire exits
- Fire evacuation drills and assembly points

In addition, the responsible person is accountable for training, provision of information and a variety of other duties insofar as they affect fire safety, such as use of personal protective equipment, protection of young people, risks from explosive atmospheres, etc.

In fact, this is a very high profile and responsible role for whoever is appointed.

Legal Enforcement

According to the Order, the enforcing authority is defined as

“the fire and rescue authority for the area in which the premises are, or are to be, situated”

and this applies to the majority of organisations, though there are some exceptions such as:

Construction industry
Ship building
Nuclear installations
Defence bases
Crown owned premises

The organisations listed above are by no means exempt from the requirements of the Order but they are subject to variations in the way the requirements are enforced.

Visit by the Inspectors

Inspectors have the authority to enter and inspect your premises if they have reason to believe such a visit is appropriate.

In addition to inspecting the premises themselves, such a visit could involve interviewing responsible persons, inspecting records, taking samples and making whatever other enquiries are deemed necessary to determine whether or not you are complying with the provisions of the Order.

Contact EDP HS&E Consultants for all your health, safety and environment needs. We can check your current arrangements and advise you about any changes or improvements you need to make.

To discuss your requirements, without any obligation on your part, please gives us a call on 01744 766000 or complete the Enquiry Form on our website.

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