Regulatory Reform (Fire Safety) 2005
Notes for Businesses

Introduction

The Regulatory Reform (Fire Safety) Order 2005 (the Order) 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 fire in and around most premises. The Order requires fire precautions to be put in place to the extent that they are reasonable and practicable in the circumstances of each premises.

Responsibility for complying with the Order rests 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. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises (e.g. a multi-occupied complex), all must take all reasonable steps to co-operate and co-ordinate with each other.

What is the Regulatory Reform (Fire Safety) Order 2005?

The government is bringing about better regulation, by regulating only where necessary and in a manner that is more suited to the needs of modern business and commerce.

The Order, made under the Regulatory Reform Act 2001 replaces many of the references to fire safety in other legislation such as the Fire Precautions Act, Licensing Act and Housing Acts with a simple, single Order. It requires any person who exercises some level of control in premises to take reasonable steps to reduce the risk from fire and ensure occupants can safely escape if a fire does occur.

In such premises achieving fire safety is often a matter of common sense but you will have to ensure that sufficient time is put aside to work through the necessary steps. In more complicated premises or those with a high life risk more expert help may be required.

Where does it apply?

The Order applies to virtually all premises and covers nearly every type of building, structure and open space.For example:

• Offices and shops
• Premises that provide care
• Community halls
• The common areas of houses in multiple occupation including common fire warning systems etc.
• Pubs, clubs and restaurants
• Schools
• Tents and marquees
• Hotels and hostels
• Factories and warehouses

But excluding:

• Purely domestic premises occupied by a single family group 

What are the main requirements of the Order?

The responsible person is required to:

• Carry out or nominate someone to carry out a fire risk assessment identifying the risks and hazards. 
• Consider who may be especially at risk. 
• Eliminate or reduce the risk from fire as far as is reasonably practical and provide general fire precautions to deal with any residual risk. 
• Take additional measures to ensure fire safety where flammable or explosive materials are used or stored. 
• Create a plan to deal with any emergency and, in most cases, document your findings. 
• Review the findings as necessary

Who is responsible?

Under the Order, anyone who has control in a building or anyone who has a degree of control over certain areas or systems may be designated a "responsible person" for example:

• The employer for those parts of premises they have any control over. 
• The managing agent or owner for common parts of a premises or common fire safety equipment such as fire warning systems or sprinklers. 
• The occupier of premises that are not workplaces such as a chairperson in a parish hall. 
• Any other person who has some control over a part of a premises may be the responsible person in so far as that control extends. 

Although in many premises the responsible person will be obvious, there may be occasions when a number of people have some responsibility.

How do I comply with the Order?

If you are the responsible person you must ensure a fire risk assessment is carried out although you can delegate this task to somebody else. However you will still remain responsible, in law, for complying with the Order.

The responsible person, either on their own or in co-operation with any other responsible person must as far as is reasonably practical, ensure that everyone on the premises can escape safely in the event of a fire.

This differs from previous legislation in that there is no longer any distinction made between people who are employees, for example in a place of work and members of the public at an open air entertainment venue. It includes people who may have a disability or anyone who may need special assistance.

Fire certificates will no longer be issued and those previously in force will have no legal status (however, they may be used as a good starting point for a fire risk assessment). The Order requires that the responsible person takes ownership of the management of any risk in their premises.

If your premises have been designed and built, and are being used in accordance with modern Building Regulations then your structural fire precautions should be acceptable. You will still need to carry out a fire risk assessment and ensure that your risk reduction, fire precautions and maintenance routines are sustained.

Competent Person

The Act also makes reference to the 'Competent Person'. A competent person will only be regarded as competent if they have the appropriate level of training, experience, and knowledge.

In respect to Fire Alarm Systems, Detect Ltd and its engineering force are deemed to be competent for the installation and ongoing service and maintenance of these systems due to our BAFE accreditation and implementation of BS5839.

What happens if I don't act on the RRO?

If you choose to ignore the Regulatory Reform (Fire Safety) Order 2005, you are liable for a fine and/or imprisonment.