Fire Regulations

Previous fire safety legislation

The Regulatory Reform (Fire Safety) Orders 2005 (RRO) replaces previous fire safety legislation. Any fire certificate issued under the Fire Precautions Act 1971 has now ceased to have any effect.

Background

The RRO applies in England and Wales. It covers general fire precautions and other fire safety duties which are needed to protect relevant persons in case of a fire in and around most premises. The order requires fire precautions to be put in place where necessary and to the extent that is reasonable and practicable in the circumstances to do so. General fire precautions under article 4 of the orders include:

• Measures to reduce the risk of fire on the premises and the risk of the spread of fire on the premises
• Measures in relation to the means of escape from the premises
• Measures for securing that, at all material times, the means of escape can be safely and effectively used
• Measures in relation to the means for fighting fires on the premises
• Measures in relation to the means for detecting fire on the premises and giving warning in case of fire on the premises
• Measures in relation to the arrangements for action to be taken in the event of fire on the premises, including

a)      Measures relating to the instruction and training of employees

b)      Measures to mitigate the effects of the fire

• Measures required to be taken in regard to a work process designed to prevent or reduce the likelihood of a fire arising from such work or reduce its intensity. A work process means all aspects of work involving or in connection with

a)      The use of plant or machinery

b)      The use or storage of dangerous substances

Duties Under the Order

The duties under the RRO Article (5) (1-5) are the responsibility of the person upon who the duty falls (Responsible Person.)

Meaning of Responsible Person

In the RRO Article 3 the responsible person means

a)      In relation to a workplace, the employer, if the workplace is to any extent under his control;

b)      In relation to any premises not falling within paragraph (a) –

1)      The person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or

2)      The owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Duty to take General Fire Precautions

Under the RRO Article (8) (1) states that the responsible person must…

a)      Take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and

b)      In relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to to ensure that the premises are safe.

Under the RRO Article (4) (1) the meaning of general fire precautions means…

a)      Measures to reduce the risk of fire on the premises and the risk of the spread of fire on the premises;

b)      Measures in relation to the means of escape from the premises;

c)      Measures for securing that, at all material times, the means of escape can be safely and effectively used;

d)      Measures in relation to the means for fighting fires on the premises;

e)      Measures in relation to the means for detecting fires on the premises and giving warning in case of fire on the premises; and

f)       Measures in relation to the arrangements for action to be taken in the event of fire on the premises, including

1)      Measures relating to the instruction and training of employees; and

2)      Measures to mitigate the effects of fire

Risk Assessment

Under the RRO Article 9 states that…

(1)   The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under the order

(2)   Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters.

(6) As soon as practicable after the assessment is made or reviewed, the responsible person must record the prescribed information where –

a) he employs five or more employees;

b) a licence under an enactment is in force in relation to the premises; or

c) an alterations notice requiring this is in force in relation to the premises

(7) The prescribed information is –

a)      The significant findings of the assessment, including the measures which have been or will be taken by the responsible person pursuant to this order; and

b)      Any group of persons identified by the assessment as being especially at risk.

Risk Assessment Review

Under the RRO fire risk assessments must be reviewed by the responsible person regularly so as to keep it up to date and particularly if

• There is a reason to suspect that it is no longer valid or
• There has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions or conversions.

In order to comply with the above regulations a fire risk assessment must be reviewed if

• There is any change to the nature of the business operations carried out on the premises
• Any structural alterations to the premises
• Any change of use to the premises
• Changes to those especially at risk
• Incidents of fire or “near miss”
• No new work activities involving a dangerous substance may commence unless

1)      The risk assessment has been made; and

2)      The measures required by or under the RRO have been implemented

We recommend that in addition to the above a risk assessment review is carried out on a twelve monthly basis so that any unidentified factors do not increase the risk of fire and injury to all persons using the premises.

Anglo Alliance

Anglo Alliance (Fire Division) was formed in response to this legislation and has an unequalled understanding of these regulations allowing us to provide you with quality Fire Safety Solutions giving you the peace of mind that comes from knowing you are fully compliant with the law.

As you can see from the above legislation it is your responsibility to keep your Fire Risk Assessment up to date and reviewed. Please go to our Fire Management Consultancy to see how we can help keep you compliant long after your initial Fire Risk Assessment.