New Fire Safety Laws
The Regulatory Reform (Fire Safety) Order 2005 will come into effect on 1st October 2006. It represents the biggest overhaul of fire legislation in the last 30 years and rationalises and consolidates over 118 pieces of workplace fire legislation. The main effect of these changes will be a greater emphasis on fire prevention in all non-domestic premises and will have implications for all owners, occupiers and managers of commercial properties.
Fire certificates will be abolished and will cease to have legal status, however fire and rescue authorities will continue to inspect business premises and to be the principal enforcing authority. Under the new rules, employers or owners of premises must agree with the fire authorities on appropriate systems to manage fire risks and to provide for emergencies.
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, for example the occupier, including self-employed people,or owner. In all other premises the person or people in control of the premises will be responsible.
Under the Fire Safety Order, the responsible person must ensure that a fire risk assessment is carried out on the premises. The assessment must be carried out by a ‘competent person' and should pay particular attention to those at special risk, such as the disabled and those with special needs, and must include consideration of any dangerous substance likely to be on the premises. A fire risk assessment should identify risks that can be removed or reduced and specify the nature and extent of the general fire precautions needed to protect against the fire risks that remain.
The risk assessment and any significant findings must be recorded if:
- 5 or more people are employed
- there is a licence in force
- the premises are subject to an alteration notice ( a notice served by the enforcing authority when they believe a hazard may pose a risk if changes are made to the premises or in the use to which they are put)
Article 13 of the Order requires the responsible person to ensure that premises are equipped with appropriate fixed and portable fire fighting equipment which should be regularly tested and maintained.
Currently fire certificates are required to specify means of escape, means for ensuring effective access to escape routes at all times, means for fighting fire and frequency of fire drills. All this basic information should be incorporated into the fire assessment.
The risk assessment, once completed, should be recorded and made available to safety representatives. There is a requirement for a written emergency plan if five or more people are employed. This should be kept in the workplace and form the basis of regular training.
Mary Cutts
Solicitor
Lemon & Co Solicitors
This article gives a general view and cannot be relied upon in any particular case. The need for specific legal advice must always be considered. For further information, contact Mary Cutts or another member of the commercial property department at Lemon & Co on 01793 496341 or alternatively, please visit our website at www.lemon-co.co.uk for articles on other legal issues.
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<p><strong><a href="http://www.lemon-co.co.uk/article_fire-safety.php">New Fire Safety Laws</a></strong><br />
The Regulatory Reform (Fire Safety) Order 2005 will come into effect on 1st October 2006. It represents the biggest overhaul of fire legislation in the last 30 years and rationalises and consolidates over 118 pieces of workplace fire legislation. The main effect of these changes will be a greater emphasis on fire prevention in all non-domestic premises and will have implications for all owners, occupiers and managers of commercial properties...</p>