Changes To Fire Safety Law: About The Reforms
The changes set out in the RRFSO will apply to non-domestic premises only.
What is a Regulatory Reform Order?
The Regulatory Reform Act 2001 gives Ministers the power, by order, to reform legislation which 'has the effect of imposing burdens affecting persons in the carrying on of any activity'.
Such orders are known as Regulatory Reform Orders.
Before a Minister may make a Regulatory Reform Order, he or she must take the following three steps:
- consult widely with those affected by the proposals
- lay before Parliament a proposal for an order, together with an explanatory statement, and allow time for Parliamentary consideration
- lay before Parliament, and obtain Parliament's approval of, a draft order.
Only once all these steps have been successfully completed may the order become law.
The Regulatory Reform (Fire Safety) Order (RRFSO)
The Regulatory Reform (Fire Safety) Order 2005 was approved by Parliament on 7 June 2005, and since 1 October 2006 is now law.
What does this mean for me?
The main effect of the changes will be a move towards greater emphasis on fire prevention in all non-domestic premises, including the voluntary sector and self-employed people with premises separate from their homes.
Fire certificates will be abolished and will cease to have legal status.
The Fire Safety Order will apply in England and Wales. (Northern Ireland and Scotland will have their own laws.) It covers 'general fire precautions' and other fire safety duties which are needed to protect 'relevant persons' in case of fire in and around most 'premises'. The Order requires fire precautions to be put in place "where necessary" and to the extent that it is reasonable and practicable in the circumstances of the case.
Responsibility for complying with the Fire Safety Order will rest with the 'responsible person'. In a workplace, this is the employer and any other person who may have control of any part of the premises, eg the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other.
If you are the responsible person you will have to carry out a fire risk assessment which must focus on the safety in case of fire of all 'relevant persons'. It should pay particular attention to those at special risk, such as the disabled and those with special needs, and must include consideration of any dangerous substance likely to be on the premises. Your fire risk assessment will help you identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions you need to take to protect people against the fire risks that remain.
If you employ five or more people you must record the significant findings of the assessment.
Further help and information
A series of guides are available produced in order to assist those preparing fire risk assessments; these give detailed information on risk assessments and other issues.
The following is a list of the eleven RRO guides:
1. Offices and Shops
2. Premises providing Sleeping Accommodation
3. Residential Care
4. Small and Medium Places of Assembly
5. Large Places of Assembly
6. Factories and Warehouses
7. Theatres and Cinemas
8. Educational Premises
9. Healthcare Premises (responsibility of the Department of Health)
10. Transport Premises and Facilities
11. Open Air Events
All of the guidance documents are available to download free of charge from www.communities.gov.uk, as well as via the Small Business Service on the Business Link websites. The Business Link website also contains guidance on current fire safety legislation.
For further information
Please e-mail the DCLG Fire Safety Reform Team at Fire.safetyreform@communities.gsi.gov.uk
www.communities.gov.uk/index.asp?id=1162115
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