Fire safety legislation and fire emergency plans

Regulatory Reform (Fire Safety) Order 2005 (RRO) Fire Safety Law

The Fire Safety Order (RRO) affects all non domestic premises and replaces all previous fire safety law.

The Fire Safety Order (RRO) is the fire safety law that applies to all premises in England and Wales that are not a single private dwelling. It covers general fire precautions, protective measures and other fire safety duties which are needed to help protect ‘relevant persons’ in case of fire in and around most ‘premises’. The Fire Safety Order requires fire precautions to be put in place ‘where necessary’ and to the extent that it is reasonable and practicable in the circumstances of the case.

The responsibility for complying with the Fire Safety Order (RRO) rests with the ‘responsible person’. In a place of work, this is the employer and / or any other person who may have control of any part of the premises, e.g. the occupier, owner or landlord. In all other premises the person or people in control of the premises are responsible. If there is more than one responsible person in any type of premises (e.g. a multi-tenanted building), all responsible persons must take all reasonable steps to co-operate and co-ordinate with each other. If you are the responsible person of a premises or part of a premises, you must carry out or appoint someone to 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 young persons and must include consideration of any dangerous substances likely to be on the premises or site. The fire risk assessment will help identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions that need to be taken.

If an organisation employs five or more people, the premises are licensed or an alterations notice is in force, the significant findings of the assessment must be recorded. It is good practice to record the significant findings in any case. Other fire safety duties that must be complied with are:

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

·         Employees must be provided with clear and relevant information on the risks to them identified by the fire risk assessment, the measures taken to prevent fires, and how these measures will protect them if a fire breaks out.

·         Employees must be consulted (or their elected representatives) about nominating suitably trained persons to carry out particular roles in connection with fire safety and about proposals for improving the fire precautions.

·         Before employing a child or young person under the age of 18, a parent must be provided with clear and relevant information on the risks to that child / young person identified by the fire risk assessment, the measures 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.

·         Inform non-employees, such as temporary, contract workers and volunteers, 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 premises.

·         Co-operate and co-ordinate with other responsible persons who also have premises in the building, inform them of any significant risks found and how the risks will be reduced/controlled which might affect the safety of their employees or relevant persons.

·         Provide the employer of any person from an outside organisation who is working in the premises (e.g. an agency providing temporary staff) with clear and relevant information on the risks to their employees and the preventive 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 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

·         Consider the presence of any dangerous substances and the risk this presents to relevant persons from fire.

·         Establish a suitable means of contacting the emergency services and provide them with any relevant information about dangerous substances.

·         Provide appropriate information, instruction and training to employees, during their normal working hours, about the fire precautions in the workplace, when they start working for the organisation, and from time to time as specified in the fire risk assessment.

·         Ensure that the 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.

·         Employees must co-operate with the responsible person and managers 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. The above examples outline some of the main requirements of the Order.

Who enforces the Regulatory Reform (Fire Safety) Order 2005 (RRO)?

The local fire and rescue authority (the fire and rescue service) will enforce the RRO in most premises. The exceptions are:

- Crown-occupied/owned premises where Crown fire inspectors will enforce;

- premises within armed forces establishments where the defence fire and rescue service will enforce;

- certain specialist premises including construction sites, ships (under repair or construction) and nuclear installations, where the HSE will enforce; and

- sports grounds and stands designated as needing a safety certificate by the local authority, where the local authority will enforce.

(seperate fire safety law applies in these cases)

The enforcing fire and rescue authority have the power to inspect any premises to check that it complies with the FSO. They will seek evidence that a suitable fire risk assessment has been carried out and any significant findings of that assessment have been acted upon. If the responsible person is required to record the significant findings of the assessment they will request to see a copy of them.

Should the enforcing authority be dissatisfied with the outcome of the fire risk assessment or any of the action taken, it may issue an enforcement notice that requires the responsible person to make certain improvements or, in cases where there is an imminent danger to persons present, a prohibition notice that restricts the use of all or part of the premises until improvements are made. If the premises are considered by the enforcing authority to be or have potential to be high risk, they may issue an alterations notice that requires the responsible person to inform them before any changes are made to the premises or the way the building / premises is used. Failure to comply with any duty imposed by the Order or any notice issued by the enforcing authority is a criminal offence. There is a right of appeal to a magistrate’s court against any notice issued. Where it is agreed  that there is a need for improvements to the fire precautions but disagreement with the enforcing authority on the technical solution to be used (e.g. what type of fire alarm system is needed) ,  this may be solved by independent determination.

If you are in any doubt about how fire safety law applies to you, contact the London Fire Risk Assessment Consultants. New buildings or significant building alterations should be designed to satisfy current building regulations (which address fire precautions). However, a fire risk assessment still needs to be undertaken, or review the existing assessment (and act on the significant findings), to comply with the Order.