The Regulatory Reform (Fire Safety) Order 2005
This legislation applies to all non-domestic properties including commercial and public premises, such as shops, factories, warehouses and offices, but also schools, nursing homes as well as businesses providing sleeping accommodation. It also applies to sheltered housing as well as the communal areas of blocks of flats and houses in multiple occupation (HMOs); though not to the individual dwellings within the HMO. Additionally any licensed premises will also require a fire risk assessment.
Controlling fire risks is an important part of managing a property. In order to be able to protect against the risks of fire, the first step is to identify these risks and this is where the fire risk assessment comes in. A legal demand for all ‘non-domestic’ premises, fire risk assessments (or FRAs) are a snapshot of how protected any given property is to ensure the safety of its occupants in the event of a fire. The FRA also identifies corrective actions and further steps to achieve an appropriate level of fire safety. The Regulatory Reform (Fire Safety) Order 2005 (commonly known simply as the Fire Safety Order) introduced a legal duty for ‘the responsible person’ to take all reasonable steps to ensure that fire safety levels are appropriate at all times.
Please be aware, though, that the person carrying out the assessment has to have sufficient training to make judgements about the fire risks and the solutions required. The potential punishment for failing to meet your duties in relation to fire risk assessments is a prison sentence of up to two years, as well as an unlimited fine. Therefore, if you have doubts as to your ability to carry out an FRA it is highly recommended to engage the services of a professional fire risk assessor to ensure you comply to all relevant regulations.
Areas that need to be considered in almost all fire risk assessments are fire detection systems, emergency exits and routes (including evacuation plans), firefighting equipment and the availability of information and advice to the building’s occupants.
Issues such as the specific needs of vulnerable people and the safe storage of any dangerous substances must also be considered. However, these may not always be a relevant factor for the fire risk assessment depending on the use of the building.
Please note that any changes to the occupancy or activities within premises must be reflected in the fire risk assessment, meaning the document should be reviewed regularly and updated if needed.
In the UK it is a legal requirement for a fire risk assessment to be carried out on almost all premises where people could be working.
This is under the Regulatory Reform (Fire Safety) Order 2005 in England and Wales, the Fire (Scotland) Act 2005 in Scotland and the Fire and Rescue Services (Northern Ireland) Order 2006 in Northern Ireland.
Under these regulations, the “responsible person” illegally obliged to ensure that the fire risk assessment is carried out and to deal with any problems that were highlighted during that assessment (although the relevant phrase is “duty holder” under the Scotland regulations and “appropriate person” under the Northern Ireland regulations).
The definition of the “responsible person” is typically the person who has primary responsibility for a premise. This could include facilities managers, owners of premises and managers of buildings
in multi-tenanted buildings, each tenant has to carry out a fire risk assessment of their premises, and coordinate it with the fire risk assessment that the landlord has carried out of their areas.
In blocks of flats, the fire risk assessment needs to cover the common areas (such as stairs and corridors) but not necessarily the individual flats.
The fire risk assessment has to be carried out to a competent standard. For small buildings, the owner or occupier of the premises is likely to be able to carry the assessment out themselves, as long as they familiarise themselves with the relevant guidance document (click here for a link to the relevant government web site). However, for buildings of any size or complexity, it is best to employ a professional fire risk assessor to carry the assessment out.
There are a very wide range of levels of expertise for fire risk assessors. The most basic level will simply review your building against standard design codes, and recommend that you upgrade any parts of the building that do not comply. Whilst the fire risk assessment itself may be cheap, this approach can often result in major costs to upgrade buildings to current standards. However, a more experienced fire risk assessor will be able to make reasoned judgements on the level of risk presented by non-compliances and decide whether the risk is tolerable. Even if changes are needed, they may be able to recommend alternative, more cost-effective solutions such as changes to management procedures.
Included in the fire risk assessment process, would be an on-site visit by myself, a qualified fire risk assessor, and I would conduct a full site survey of the building or area of your responsibility to identify / assess the following particular aspects of fire safety:
• Fire loss experience.
• Fire hazards.
• Fire prevention.
• Storage and handling of flammable liquids and gases.
• Housekeeping.
• Means of escape.
• Compartmentation.
• Flammability of linings.
• Emergency escape lighting.
• Fire safety signs and notices.
• Fire detection and fire alarm systems.
• Fire extinguishing systems and appliances.
• Smoke control systems.
• Facilities for use by the fire and rescue service.
• Arrangements for management of fire safety.
• Fire procedures.
• Training and drills.
• Testing and maintenance.
• Records.
I will also evaluate your fire records and emergency procedures including any permit to work systems that there may be in place. Following the site survey (fire risk assessment) of the Building(s), a fire risk assessment document would be produced and issued to the responsible person(s). Included within this document would be:
• Documented fire risk assessment (Format British Standard – PAS 79:2007 Fire Risk Assessment)
• List of significant findings
• Recommendations on all remedial action(s), where required
• Identification of potential ignition sources
• Fire risk assessment performance indicator
• Fire action plan for corrective action (Risk reduction / Legislative compliance)
By implementing and managing the recommended actions you will reduce the risk of fire occurring and ensure compliance with current fire legislation (Law). All information provided within the document is in layman’s terms (no technical jargon).
Documented Fire Risk Assessments comply with the Regulatory Reform (Fire Safety) Order 2005 The fire risk
assessment process is intended to by dynamic, and take in to account, change. Fire risk assessments should therefore be reviewed from time to time or if there is a reason to suspect that it is no longer valid, and, in particular, if significant changes take place, such as an increase in the numbers of people in the building or changes to floor layouts. Fire risk assessments should also be reviewed after a fire. I will give a suggested date for review in the report. A review does not necessarily involve repeating the fire risk assessment process. A judgment on this is required based on the significance of the changes.
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At AFFS, based in Ammanford, I make sure that fire safety and your business go hand in hand. Contact me using the details given below.
I will visit your premises on agreed date and time and provide a free fire risk assessment quotation. If the price quoted is satisfactory, we will proceed with full site inspection and will produce fire risk assessment documentation within 7 days. Contact us Mobile: 07495 878 389
Ensure that you meet your legal obligations imposed by the Regulatory Reform (Fire Safety) Order 2005. Reduce the risk to your staff, visitors and business assets.
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