The Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire Safety) Order 2005, also called the Fire Safety Order, is an important law in England and Wales for fire safety in non-domestic buildings.

It started on October 1, 2006, replacing over 70 different fire safety laws to make regulations simpler and clearer.

The main aim of the Fire Safety Order is to lower the chances of fires happening, keep people safe in and near buildings, and stop fires from causing problems for businesses and communities.

You can get more information about this regulation from the government website as well.

This article looks closely at the key parts of the Order, what responsibilities it gives, and how its procedures work. What this article presents is a summarised version that can be easily digested.

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Scope and Application:

The Regulatory Reform (Fire Safety) Order 2005 covers almost all non-domestic buildings in England and Wales. This includes:

• Workplaces
• Public buildings
• Shops and offices
• Schools and colleges
• Hospitals and care homes
• Hotels and hostels
• Community centres
• Places of worship
• Outdoor events and venues

It’s worth noting that the Order doesn’t apply to homes, except for shared areas in buildings like flats or apartments.

Key Concepts and Definitions:

Before we go further into the Order, it’s important to understand some key terms:

a) Responsible Person: This is the person in charge of the premises or fire safety there. In workplaces, it’s usually the employer. In other buildings, it could be the owner, occupier, or manager.

b) Relevant Persons: These are anyone lawfully on the premises or nearby who could be at risk if there’s a fire.

c) Fire Risk Assessment: This is a careful look at things that could cause a fire, how likely it is, and what might happen if one does start.

d) Competent Person: Someone who knows enough about fire safety, either through training or experience, to help make sure safety measures are done properly.

Main Duties of the Responsible Person:

The Fire Safety Order lays out several responsibilities for the person in charge. These include:

a) Conducting a Fire Risk Assessment: This is crucial. The responsible person must carefully assess the risks people might face from fire.

b) Identifying Fire Hazards: This means spotting things that could start a fire, like sources of heat, fuel, or oxygen.

c) Identifying People at Risk: This includes employees, visitors, and anyone who might struggle in a fire, such as disabled or young people.

d) Evaluating Risks: Figuring out how likely a fire is and how bad it could be.

e) Removing or Reducing Fire Hazards: Taking steps to get rid of risks, or at least make them less dangerous.

f) Protecting People from Fire: Putting in safety measures, like alarms and escape routes, to keep people safe if there’s a fire.

g) Recording Findings: Writing down what was found in the risk assessment and what’s been done about it.

h) Preparing an Emergency Plan: Making a plan for what to do if there’s a big danger, like a fire, and for places that are extra risky.

i) Providing Staff Information and Training: Making sure everyone knows about fire risks and what to do if there’s a fire.

j) Reviewing and Updating: Checking the risk assessment regularly and making changes if needed.

Fire Risk Assessment in Detail:

The fire risk assessment is really important for following the Order’s rules. Here’s what it involves:

• Identify Fire Hazards:
  • Find things that could start a fire, like electrical equipment or things that burn easily.
• Identify People at Risk:
  • Figure out who might be in danger if there’s a fire, like staff, visitors, or people who need help.
• Evaluate, Remove, Reduce, and Protect from Risk:
  • Decide how likely a fire might be and how bad it could be for people.
  • Try to get rid of things that could start a fire.
  • Make sure people are safe if a fire happens by having safety plans.
• Record, Plan, Inform, Instruct, and Train:
  • Write down what you find and what you’re doing about it.
  • Make a plan for what to do if there’s a fire.
  • Tell people about fire risks and what to do.
  • Teach staff what to do in a fire with practice drills.
• Review:
  • Keep checking the fire risk assessment.
  • Change it if things in the building or situation change a lot.

Fire Safety Measures:

The Fire Safety Order requires specific safety steps to prevent fires and protect people.

These usually involve:

a) Fire Detection and Warning Systems: Installing and keeping up smoke detectors, heat detectors, and fire alarms.

b) Fire-Fighting Equipment: Giving out fire extinguishers, fire blankets, and other gear for putting out fires.

c) Emergency Routes and Exits: Making sure escape routes are clear, well-lit, and have clear signs showing the way out.

d) Emergency Lighting: Setting up lights that come on if the power goes out, to light up escape routes.

e) Signs and Notices: Putting up the right signs about fire safety, like what to do if there’s a fire.

f) Fire-Resistant Construction and Materials: Using building materials that resist fire and setting up fire barriers when needed.

g) Staff Training: Teaching staff often about fire safety, including how to use fire gear and what to do in an emergency.

Record Keeping:

Under the Fire Safety Order, the responsible person must keep specific records, which include:

• The main findings from the fire risk assessment.
• Details of individuals identified as particularly at risk.
• Fire safety plans, procedures, and measures implemented.
• Fire safety training delivered to employees. Check the legal requirement for fire safety training.
• Results from fire drills and tests of fire safety equipment.

For workplaces with five or more employees, these records must be documented in writing.

Enforcement and Penalties:

The Fire Safety Order is enforced by fire and rescue authorities. They have the power to:

• Enter and inspect premises
• Request information and documents
• Serve alterations notices, enforcement notices, or prohibition notices

Failure to comply with the Order can result in serious penalties, including:

• Fines of up to £5,000 for minor offences in the magistrates’ court
• Unlimited fines for more serious offences in the Crown Court
• Up to two years’ imprisonment for the most serious offences.

Special Considerations for Different Types of Premises:

While the fundamental principles of the Fire Safety Order apply universally to non-domestic buildings, there are specific considerations for different types of premises:

• Care Homes: Due to the vulnerability of residents, care homes require special attention. Measures may include developing personal emergency evacuation plans (PEEPs) for each resident.
• Schools: Fire safety in schools must account for the age and understanding of pupils. Regular fire drills are crucial to ensure preparedness.
• Large Public Venues: Venues like theaters or sports stadiums need comprehensive fire safety plans that include crowd management strategies.
• Historic Buildings: Preserving historic features while ensuring fire safety requires tailored approaches, often involving specialist advice and techniques.

Interaction with Other Legislation:

The Fire Safety Order interacts with several other laws, including:

• The Health and Safety at Work etc. Act 1974
• The Management of Health and Safety at Work Regulations 1999
• The Construction (Design and Management) Regulations 2015
• The Housing Act 2004 (for residential premises)

Responsible persons must understand these connections and ensure compliance with all applicable laws to maintain fire safety standards.

Common Misconceptions and Challenges:

There are some widespread misunderstandings about the Fire Safety Order that can lead to non-compliance:

a) Assuming a fire certificate ensures full compliance: Fire certificates issued under previous laws are no longer valid.

b) Expecting the fire service to conduct the risk assessment: It’s the responsible person’s duty to ensure this is carried out.

c) Thinking a fire risk assessment remains valid indefinitely: It should be regularly reviewed and updated as circumstances change.

d) Underestimating the importance of staff training: Regular fire safety training is essential for all employees.

Implementing the Fire Safety Order also poses several common challenges:

• Identifying the responsible person in complex organisations.
• Ensuring fire safety in shared or multi-occupied buildings.
• Balancing fire safety requirements with other priorities, such as security or accessibility.
• Keeping pace with changes in building use or layout that may affect fire safety.

Conclusion

The Regulatory Reform (Fire Safety) Order 2005 marks a significant change in fire safety law, shifting responsibility to those who control premises to assess and manage fire risks.

While it may seem complex, the Order’s approach allows flexibility in managing fire safety according to each premises’ specific risks.

Compliance with the Order isn’t just a legal duty but a moral responsibility.

Effective fire safety management safeguards lives, property, and businesses. It demands ongoing attention, regular reviews, and a commitment to maintaining high standards.

For those overseeing fire safety in non-domestic buildings, it’s vital to grasp the Order’s requirements and seek expert advice when needed.

Fire and rescue services offer guidance, and fire safety consultants can aid with risk assessments and strategies.

Ultimately, the aim of the Regulatory Reform (Fire Safety) Order 2005 is to foster safer environments for all.

By understanding and implementing its mandates, we can collectively reduce fire risks and their impact in our communities.

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Please note that information regarding this topic may change overtime. Kindly visit the official page for any information needed as we won’t be able to guarantee when changes are made. However, we will always do our best to verify and update information.

Fire Safety Order 2005 FAQs