Fire Safety Order

Fire Risk Assessment and the Law -
Summary Of Key Points and FAQ

The Fire Risk Assessment Process:

Step One: Identify Fire Hazards
Step Two: People At Risk
Step Three: Evaluate The Risks
Step Four: Record Your Findings

Other Useful Pages:

Read The Text Of The Regulatory Reform Order

What is the Fire Safety Order?

The Regulatory Reform (Fire Safety) Order came into force in October 2006 and replaced lots of other legislation, dating from 1947 onwards. It streamlines this old legislation and places responsibility for fire safety matters firmly with those who are best placed to tackle it – employers, building owners and employees.

Who is affected by the Fire Safety Order?

The new law affects all non-domestic premises in England, Wales and Northern Ireland. It applies to you if you are an employer, responsible for business premises, self employed with business premises or a contractor with some control over premises. It also applies to charities and voluntary organisations.

How does this relate to a Fire Certificate?

This legislation completely replaces the need for fire certificates.

What do I have to do?

The Fire Safety Order places a duty on a 'Responsible Person' to carry out a Fire Risk Assessment, then act on the findings in order to minimise the risk to people by fire.

Will it cost me anything?

That depends! It certainly doesn’t have to, especially if your fire precautions are already up to date and properly implemented. Using guidance on this site you should be able to carry out your own Fire Risk Assessment, unless you have a particularly complicated premises. Any costs for additional measures you need to put in place will depend on the findings of your Fire Risk Assessment.

What is a Fire Risk Assessment and how do I do it?

It is a five step process that will help you assess the risk to your employees and other people, identify any weaknesses in your fire safety procedures and tell you how to reduce or remove any unacceptable risks. Full details can be found on the Fire Risk Assessment pages.

Can I carry out a Fire Risk Assessment myself?

With a little help from this site, of course you can. The Regulatory Reform (Fire Safety) Order says that the duty to carry out a Fire Risk Assessment lies with the Responsible Person. The Order does not define the level of competence required by the Responsible Person, but for most smaller businesses a degree of common sense will be adequate. If you have a large or complex workplace, however, you may feel that you do not have the appropriate knowledge or expertise to carry out a Fire Risk Assessment, in which case you may wish to use Fire Consultants. The same may apply if you simply do not have the time or resource to do it in-house.

Can I get my local Fire and Rescue Authority to do my Fire Risk Assessment?

No. You can go to them for advice and feedback, but they will not do the Fire Risk Assessment for you.

who needs to see my Fire Risk Assessment when I have done it?

Your staff need to be aware of the findings of your Fire Risk Assessment and you need to provide adequate instruction and training for them in respect of your emergency plan and anything else related to the outcome of your assessment. You don’t need to send it to the fire authority, but they may ask to see it.

What do I do if I share my premises and do not have full control over the building?

Your plan needs to be done in co-ordination with the organisations you share with. They will need to have their own Responsible Persons, but it may help to have someone who co-ordinates these people, such as a Responsible Person representing the building owner.

Does the Fire Safety Order specify that I have to have a certain number of escape routes or a certain fire alarm system, fire doors, etc?

The Order puts responsibility for deciding what measures are appropriate onto the Responsible Person. The particular fire safety measures that you decide are necessary, must be appropriate for the premises and the way they are used. The important point is that the measures you choose have to be adequate to mitigate the risk to your staff and other users.

What happens if I don't comply with the Legislation?

The Fire and Rescue Authorities are the enforcing authorities for the Order, and as such can ask to inspect your premises and see your Fire Risk Assessment. If there are found to be serious risks that are not being managed, they have a statutory duty to enforce the Order. This can include issuing Enforcement Orders and, if necessary, taking you to court.

Summary Of The Key Points Of The Fire Safety Order

If you prefer more detail, you can read the actual text of the Regulatory Reform Order itself by following this link.

The Fire Safety Order replaces lots of previous legislation, and applies to the vast majority of UK business premises. The main thrust of the changes is to place responsibility very clearly with the 'Responsible Person' to ensure the safety of the people in the workplace for which they are responsible. The Responsible Person is whoever owns the premises or controls the activities within it. It can be more than one person in shared premises.

Fire Risk Assessment

Fire Risk Assessment is the cornerstone of the Regulatory Reform Order and involves a systematic examination of fire safety arrangements within the workplace. The Fire Risk Assessment should:

Identify fire hazards

Reduce the risk from these hazards to ensure the safety of people using the premises

Record the findings of your assessment (if you employ five or more people)

Provide for a review your Fire Risk Assessment at regular intervals

Means of Escape

You must ensure that your premises have adequate means of escape and that these are available for use at all times. This also includes:

Provision and maintenance of fire exits which open in the direction of escape, (sliding or revolving doors are not acceptable) and the escape routes to these exist must be maintained obstruction free at all times the building is in use

Provision of appropriate safety signs, including Fire Action signs for staff, call point and fire extinguisher location and all fire exit routes and emergency exit doors

Provision of an appropriate fire detection and alarm system. The type of system employed will be dictated by the findings of your Fire Risk Assessment

Provision of emergency lighting so that escape routes and exits are well lit at all times, even during a power cut

Provision and good maintenance of any appropriate fire stopping measures such as fire doors, fire-resisting walls, etc, including appropriate seals and closing devices

Fire Fighting Equipment

You must provide appropriate fire extinguishers and other fire fighting equipment, which may include fire blankets, hose reels or sprinkler systems

All such equipment must be checked regularly and properly maintained by a suitably qualified person

Staff Safety Training

The findings of the Fire Risk Assessment must be passed on to staff and they should be consulted on Fire Safety issues. All employees must receive adequate training in fire safety procedures, including fire drills and action in the event of fire. Some staff may have additional responsibilities as Fire Wardens and require extra training in these duties.

Policies and Procedures

I have already mentioned that you must record the findings of your Fire Risk Assessment if you employ five or more people, and you must also document an Emergency Plan, detailing action in the event of fire or other emergency.

You must have a policy in place to demonstrate what your safety arrangements are, including minimising the risk of fire, maintaining means of escape and controlling the spread of fire.

You must have procedures in place to ensure that:

means of escape are kept free

staff are properly trained and know what to do in an emergency

fire extinguishers are provided and maintained

other people who may be in your premises are controlled and informed in terms of fire safety precautions

As well as recording the findings of your Fire Risk Assessment, you should keep records of the actions you take such as staff training, fire extinguisher maintenance, emergency lighting testing, etc. Further information and Forms you can use to do this can be found HERE. The Fire Authority may ask to see these as proof of your actions.

Enforcement and Penalties

For the vast majority of us, the enforcing authority is your local Fire Authority. Other bodies such as HSE, MOD and local authorities have responsibility in certain cases, such as building sites, shipyards, military establishments, sports grounds, etc.

An officer from the enforcement authority has the right to:

Enter your premises for the purpose of inspection (but not force entry)

Enquire as the details of the scope of the premises and who the Responsible Persons are

View your documents and records and take copies

You can be taken to court if you fail to comply with the Regulatory Reform (Fire Safety) Order and could be fined up to £5,000 or imprisoned for up to two years.

The Fire Safety Order Key Points And FAQ

Fire Risk Assessment and the Law -Summary Of Key Points and FAQ