The Regulatory Reform (Fire Safety) Order 2005

The following information (in italics) has been extracted from HM Government guidance and outlines some of the main requirements of the Order.

The Order replaces previous fire safety legislation. Any fire certificates issued under the Fire precautions Act 1971 will cease to have effect. The Order covers general fire precautions and other fire safety duties which are needed to protect relevant persons in case of fire in and around the premises.

Responsibility for complying with the Order rests with the ‘responsible person’ in the workplace; this is the employer and any other person who may have control of any part of the premises, e.g. manager or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises (e.g. a multi-occupied complex), all must take responsible steps to co-operate to co-ordinate with each other.

If you are the responsible person you must carry out a fire risk assessment which must focus on the safety in case of fire of all ‘relevant persons’. It should pay particular attention to those at special risk, such as disabled people, those who you know have special needs and children, and must include consideration of any dangerous substances liable to be on the premises. Your fire risk assessment will help you identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions you need to take.

As a responsible person you can choose to have the fire risk assessment for your premises undertaken by a competent person on your behalf i.e. JTP Associates. However, as a responsible person you have a duty to take ownership of the fire risk assessment when complete and ultimately take responsibility for any actions to remove or reduce the risk and for the nature and extent of any general fire precautions. Any actions you do take should be recorded.

JTP Associates will provide a competent person to undertake the fire risk assessment, produce a written report incorporating a premises audit, a fire risk assessment and detailed recommendations of how to best achieve the desired outcome. Moreover, a consultant will be available to assist you with any specific details and represent you in any consultations with the local fire and rescue service.

Other fire safety duties you need to comply with include:

You must appoint one or more competent persons, depending on the size of your premises, to carry out any of the preventative and protective measures required by the Order (you can nominate yourself for this purpose). A competent person is someone with enough experience or knowledge and other qualities to be able to implement these measures properly.

You must provide your employees with clear and relevant information on the risks to them identified by the fire risk assessment, about the measures you have taken to prevent fires, and how these measures will protect them if a fire breaks out.

You must consult your employees (or their elected representatives) about nominating people to carry out particular roles in connection with fire safety and about proposals for improving the fire precautions.

You must before you employ a child, provide a parent with clear and relevant information on the risks to that child identified by the risk assessment, the measures you have put in place to prevent/protect them from fire and inform any other responsible person of any risks to that child arising from their undertaking.

You must inform non-employees, such as residents, temporary or contract workers, of the relevant risks to them, and provide them with information about who are the nominated competent persons, and about the fire safety procedures for the premise.  

You must co-operate and co-ordinate with other responsible persons who also have premises in the building, inform them of any significant risks you find and how you will seek to reduce/control those risks which might affect the safety of their employees.

You must provide the employer of any person from an outside organisation who is working in your premises (e.g. an agency providing temporary staff) with clear and relevant information on the risks to those employees and the preventative and protective measures taken. You must also provide those employees with appropriate instructions and relevant information about the risks to them.

If you are not the employer but have any control of the premises which contain more than one workplace, you are also responsible for ensuring that the requirements of the Order are complied with in those parts over which you have control.

You must consider the presence of any dangerous substances and the risks this presents to persons from fire.

You must establish a suitable means of contacting the emergency services and provide them with and relevant information about dangerous substances.

You must provide appropriate information, instruction and training to your employees, during their normal working hours, about the fire precautions in your workplace, when they start working for you and from time to time throughout the period they work for you.

You must ensure that premises and any equipment provided in connection with firefighting, fire detection and warning, or emergency routes and exits are covered by a suitable system of maintenance and are maintained by a competent person in an efficient state, in efficient working order and in good repair.

Your employees must co-operate with you to ensure the workplace is safe from fire and its effects, and must not do anything that will place themselves or other people at risk.

If you would like more information then please do not hesitate to contact us.