Understanding The Regulatory Reform (Fire Safety) Order 2005: Key Requirements for Compliance

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

The Regulatory Reform (Fire Safety) Order 2005, commonly referred to as “the Fire Safety Order,” is the principal legislation governing fire safety in non-domestic premises across England and Wales. Effective from 1 October 2006, this comprehensive order consolidates and simplifies the previous fire safety laws, aiming to provide a cohesive framework for fire risk management. It imposes responsibilities on business owners, managers, and operators to ensure fire safety compliance, thereby safeguarding lives and property.

Scope of the Fire Safety Order

The Fire Safety Order applies to almost all buildings, places, and structures, except for individual private homes. However, it covers shared areas in houses in multiple occupation (HMOs), blocks of flats, and maisonettes. The primary objective is to ensure that any building where people work, visit, or reside temporarily is equipped with adequate fire safety measures.

Responsibilities Under the Fire Safety Order

Business owners and those responsible for premises must adhere to several key requirements under the Fire Safety Order. These include:

  1. Ensuring Premises Meet Required Standards: The building and its fire safety measures must conform to the standards set out in the legislation.
  2. Providing Adequate Fire Safety Training: Employees should receive appropriate training to understand fire safety protocols and their specific roles in maintaining safety.

Adequate Fire Safety Training

Adequate fire safety training varies depending on the nature of the business but generally includes:

  • Induction Training: New employees should receive general fire awareness training as part of their induction.
  • Refresher Training: Periodic training sessions should be conducted, especially if the fire risk increases due to changes in operations.
  • Role-Specific Training: Employees with specific fire safety duties, such as fire wardens or those responsible for fire risk assessments, should receive targeted training.

Skill Development: Training in practical skills such as using fire extinguishers and conducting fire drills is essential.

Mandatory Fire Risk Assessments

A critical component of the Fire Safety Order is the requirement for a detailed Fire Risk Assessment. This involves identifying potential fire hazards and implementing measures to mitigate them. Key aspects of this requirement include:

  • Conducted by a Competent Person: The assessment must be carried out by someone with the necessary skills and knowledge.
  • Documented Assessment: If the business has five or more employees or holds a licence, the assessment must be documented.

Continuous Review: The assessment should be regularly reviewed and updated to reflect any changes in the premises or operations.

The responsible person must:

  • Identify At-Risk Individuals: Consider those who might be especially vulnerable in the event of a fire.
  • Mitigate Fire Risks: Take reasonable steps to eliminate or reduce fire risks.
  • Implement Fire Precautions: Provide necessary measures to manage any residual risk.
  • Prepare for Emergencies: Develop and document an emergency plan.

Maintain Fire Safety Measures: Ensure that fire safety measures are regularly checked and maintained.

Where to Find Guidance

Guidance on meeting the required standards for your building can be found on the https://www.gov.uk/workplace-fire-safety-your-responsibilities. For specialised housing, the NFCC Specialised Housing Guidance is useful. The Local Government Association (LGA) provides valuable information for purpose-built flats, and the LACoRS guidance is helpful for shared houses and HMOs.

Enforcement and Legal Responsibilities

Fire safety enforcement is a key duty of fire authorities like the London Fire Brigade, which ensures compliance through various legislative measures, including the Fire Safety Order. These authorities can conduct inspections, provide fire safety advice, and serve as statutory consultees for building regulations and licensing applications. They aim to support businesses in achieving compliance while ensuring public safety.

Inspections: 

  • Fire authorities can inspect premises at any time, usually by appointment, but unannounced visits are also possible.

During inspections, officers will identify themselves, explain the purpose of the visit, and provide support to help you meet your obligations.

Non-Compliance Consequences:

– Failure to comply with the Fire Safety Order can result in enforcement actions ranging from advice and warnings to prosecution. Serious violations can lead to fines or imprisonment.

Historical Context and Transition

Before the introduction of the Fire Safety Order, fire safety in the UK was governed by numerous regulations, primarily the Fire Precautions Act 1961 and the Fire Precautions (Workplace) Regulations 1997/1999. The Fire Safety Order consolidated these regulations, providing a more streamlined approach to fire safety. Although fire certificates issued under previous legislation are no longer valid, existing fire safety measures may still be adequate if properly maintained.

Conclusion

The Regulatory Reform (Fire Safety) Order 2005 establishes a clear and comprehensive framework for fire safety in non-domestic premises. By understanding and fulfilling your responsibilities under this legislation, you can ensure a safe environment for employees, visitors, and other occupants. Regular fire risk assessments, adequate fire safety training, and adherence to prescribed standards are essential steps in achieving compliance and protecting your premises from fire hazards.

ECE Group offer Fire Safety and Facility Support services throughout the UK including London, Surrey and the South-East of England.

Our fire safety solutions include fire compartmentation, fire stopping and fire and smoke dampers testing and inspecting.

To ensure your building is safe and compliant, please contact us today:

Tel: 020 3757 7150

Email: info@ecegroup.co.uk