The implementation of the Regulatory Reform (Fire Safety) Order 2005 brings about a significant change in fire legislation. It rationalises and consolidates previous legislation and provides a familiar risk-based approach to fire safety.
The key features are:
- to create one simple fire safety regime applying to all workplaces and other non-domestic premises;
- to emphasise fire prevention (as opposed to fire fighting);
- to have a risk assessment-based approach with responsibility for fire safety resting with a ‘responsible person’ (see below);
- fire certificates are abolished and cease to have legal status;
- there is now no separate certification system for higher risk premises, as the Fire Certificate (Special Premises) Regulations 1976 have been revoked; and
- some self-employed people and parts of the voluntary sector have been brought within the new regime.
The Regulatory Reform (Fire Safety) Order applies to England and Wales. Northern Ireland and Scotland have their own laws. The 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.
Responsibility for complying with the Fire Safety Order will rest with the ‘responsible person’. In a workplace, this is the employer and any other person who may have control of any part of the premises, e.g. the occupier or owner. If there is more than one responsible person in any workplace, they must all take reasonable steps to work with each other.
If you are the responsible person, you will have to carry out a fire risk assessment which must focus on safety in case of fire of all 'relevant persons'. It should pay particular attention to those at special risk, such as the disabled and those with special needs, and must consider any dangerous substance likely to be on the premises.
Your fire risk assessment will help you identify risks that can be removed or reduced. It will also help you decide the nature and extent of the general fire precautions you need to take to protect people against the fire risks that remain.
Guidance on how to comply with the legislation has been provided by the Department of Communities and Local Government it covers:
premises providing sleeping accommodation;
residential care;
small and medium places of assembly;
large places of assembly;
factories and warehouses;
theatres and cinemas;
educational; healthcare premises (responsibility of the Department of Health);
transport premises and facilities; and
open air events.