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 The Fire Safety Order: Quick Guide

After some delay, the Regulatory Reform (Fire Safety) Order 2005 became law as of 1st October 2006.  In a nutshell, it means that any person who has some level of control in premises must take 'reasonable' steps to reduce the risk of fire, and provide for a safe means of escape if the worst does happen and a fire breaks out.  The order replaces over 100 pieces of legislation, and marks the move towards the simplification of fire legislation, but it does have implications for businesses to take responsibility for fire safety within their premises.

The order applies in virtually all premises and every type of building and space, but excludes private homes.

Summary of the Document
The aim of the Fire Safety Order is to ‘simplify, rationalise and consolidate existing legislation’.  Under the new order:

  • Fire Certificates will no longer be issued.
  • Each individual company will be responsible for their own fire safety.  The employer must conduct a fire risk assessment regardless of the size of the risk.  The identified responsible person would therefore take full corporate responsibility.
  • If five or more people are employed, this risk assessment must be documented
  • Extended scope of consideration now to include property safety, fire fighter safety and the environment around the site as well as just protecting life.  This means that allowing a building to be sacrificed is unacceptable due to the risk to neighbouring buildings and fire fighters.  The responsible person would have a duty to protect the fire brigade.
  • Unlike with the Fire Precautions (Workplace) Regulations, the Fire Safety Order places emphasis on business continuity and containing and preventing the spread of small fires.  The effectiveness of fire extinguishers is clearly recognised as a major provision in doing just this.
  • Protection is explicitly extended to all occupants and not just employees.  Visitors, contractors or passers-by also have to be considered in the risk assessment.
  • Fire fighters are to have greater authority to gain entry to premises to remove samples after a fire.

The key elements of the Order

You must:

  • Carry out a fire risk assessment for your premises. If you would like some guidance and a fire risk assessment template to use for this purpose, please contact us.
  • Consider anyone in your premises who may be especially at risk, for example disabled employees who may not be able to evacuate the building as quickly in the event of an emergency, or people who work with flammable materials on a regular basis.
  • Eliminate or reduce as far as possible, the risk of fire.
  • Take measures to make sure that there is adequate protection if flammable or explosive materials are used or stored on your premises.
  • Make a plan which details how you are going to handle a fire emergency if one does happen, and just as importantly, make people aware of what the plan is!
  • Review your risk assessment and fire precautions from time to time— businesses rarely stand still and your needs may change over time.

Definitions

Responsible Person

The person(s) who owns the premises or business or the person with control over the premises, business or activity.
The person(s) will have corporate responsibility for ensuring the safety of all the people he/she is responsible for, both directly and indirectly, to include employees and anyone legally on the premises.

Competent Person

Anyone appointed by the Responsible Person, be they a company fire warden to a fire alarm service engineer.  The key word is ‘competent’ and, where their performance is through a sub-contract supply chain, such competence shall require Third Party Accreditation

Inspector

Person appointed by the Enforcing Authority (normally a Fire Officer from the local brigade).

Enforcement

Compliance failure may result in a fine or imprisonment

Fire Risk Assessment

The cornerstone of the Order is the risk assessment, to be formally documented and reviewed regularly.
They are the systematic look at potential sources of fire in the workplace, together with the assessment of the dangers that fire poses to those who use the workplace and how the risk and spread of fire can be minimised.  Even businesses with a valid fire certificate have to conduct these assessments.

Maintenance

All equipment provided for the purpose of fire safety or for the use and protection of fire fighters must be maintained and kept in good order.

Exemptions

The following industries and types of site are exempt from the amended regulations:

  • Construction sites
  • Offshore installations
  • Ships and other means of transportation
  • Mines (below ground)
  • People who work in fields, woods or agricultural land

 

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This guidance note has been compiled by Crime Prevention Services Ltd and is their summary guide of The Regulatory Reform (Fire Safety) Order 2005 and how it impacts, in part, on Fire Detection & Alarm Systems.  The information is neither guaranteed nor intended as an all-encompassing document.
A full transcript is available from:  http://www.opsi.gov.uk/si/si2005/20051541.htm
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