The law requires that from October 2006 (Regulatory Reform Fire Safety Order) your company premises have to be assessed. To conform with this legislation, the following business types have to conform:
Offices and shops, premises providing care including care homes and hospitals, pubs, clubs, restaurants, licensed premises, educational premises, leisure centres, community halls and premises, places of worship, houses of multiple occupancy, hotels and hostels, factories, warehouses and industrial units.
Phoenix Fire & Safety offer a full Fire Risk Assessment providing a comprehensive and in-depth analysis of all the fire risks at your premises, observing your working environment and including a review of all your current procedures and company practices.
Phoenix Fire & Safety perform a structured and systematic examination of all areas of fire safety within your workplace in line with all requirements of the Regulatory Reform Fire Safety Order (2005).
This Order aims to simplify, rationalise and consolidate previous legislation with respect to fire safety within buildings. The new fire safety regime brought about is based on fire risk assessment and is applicable to all non domestic premises.
The Fire Safety Order places a duty on the ‘responsible person’ (as defined under the Order) to ensure as far as is reasonably possible that everyone on the premises, or nearby, can escape safely if there is a fire.
This is different from previous legislation in that you must consider everyone who might be on your premises, whether they are employees, visitors, contractors or members of the public. You should pay particular attention to vulnerable groups such as young people, sleeping residents, people who may have a disability or anyone who may need assistance.
Who is the ‘responsible person’?
Under the Fire Safety Order, anyone who has control of a premises or anyone who has a degree of control over certain areas or systems may be a ‘responsible person’.
It means that any person who has some level of control in a premise must take reasonable steps to reduce the risk from fire and make sure people can safely escape if there is a fire.
What are the main rules under the Order?
The ‘responsible person’ has duties under the Fire Safety Order to:
- Consider who may be especially at risk e.g. vulnerable groups, young people;
- Ensure that a fire risk assessment is carried out, identifying any possible dangers and risks;
- Remove or reduce the risk from fire as far as is reasonably possible and provide general fire precautions to deal with any possible residual risk;
- Introduce necessary controls;
- Take suitable measures where flammable or explosive materials are used or stored;
- Create an evacuation plan to deal with any emergency, provide instruction, information, training and keep a record of your findings;
- And review the findings of your risk assessment and resulting fire safety systems when necessary.
How do I meet the Order?
If you are the ‘responsible person’, you must ensure that a fire risk assessment is carried out – although you can pass this task to some other ‘competent person’.
The responsible person must appoint one or more competent persons, who shall have sufficient training and experience or knowledge and other qualities to assist them in undertaking the preventative and protective measures.
The Fire and Rescue Service enforce the Fire Safety Order unless the premises are the responsibility of the Health and Safety Executive (HSE) due to licensing for dangerous substances etc, or naval ships or a construction site.
Will the Fire and Rescue Service still inspect my premises?
Yes, but they will not carry out your fire risk assessment for you.
Powers of inspectors
An authorised inspector may do anything necessary to carry out the duties imposed by the Fire Safety Order.
At any reasonable time an inspector may enter and inspect your premises, make enquiries about any matter, check your documentation and records, identify the responsible person, take samples and extracts of documents or undertake any other task deemed necessary.
Enforcement notices
The enforcing authority can serve an Enforcement notice on the responsible person if they are of the opinion that the responsible person is failing to comply with the Order.
An Enforcement notice must state what is wrong and why and include the steps that the person must take to comply with the Notice. A period of not less than 28 days must be given for the carrying out of works.
Prohibition notices
If the Fire Authority believes that the use of the premises constitutes a risk to persons so serious that the use of the premises or to continue with an activity ought to be prohibited or restricted they can serve a Prohibition notice.
A Prohibition Notice takes effect immediately it is served if the risk to safety is considered to be imminent, otherwise the Notice can be deferred.
Alterations notices
If a Fire Authority believes that fire safety may be compromised if premises are altered they may serve an Alterations Notice on the responsible person requiring them to inform the Authority of the pending alteration.
Offences
The responsible person commits an offence if he/she fails to comply with the duties imposed by the Order. Offences are prosecutable in the Magistrates Court or the Crown Court, and fines and/or terms of imprisonment can be imposed. Phoenix Fire can assist you in complying with the Order.
If you need help or Fire Safety advice, please contact Phoenix Fire & Safety.