Fire Safety Law – Are You Covered?

Last October new regulations made the owner or person responsible for a commercial building obliged to self certificate the premises for fire safety.

The obligations include a duty to: 

*undertake a risk assessment (if five or more people are employed significant findings must be recorded)
* take general fire precautions
* eliminate and reduce risks from dangerous substances
* establish fire safety procedures
* install and maintain fire fighting and detection equipment
* install emergency exits and provide training.

The Secretary of State must ensure there is sufficient guidance and provide guides tailored to specific premises available on the internet.

This new Regulatory Reform (Fire Safety) Order 2005 replaces previous legislation and regulations and makes any previously held fire certificates invalid.

What premises does it affect?

The order defines “premises” as “any place” in England and Wales including any workplace, vehicle, vessel, or aircraft. Exceptions include domestic premises, fields, woods, agriculture, forestry undertakings and off-shore installations. Vacant buildings are not excluded.

Who is responsible for complying with the order?

An employer if he is primarily responsible for the workplace. Otherwise the responsibility falls on the person in control of the premises or the owner where the person operating the business does not have control over the premises.

Where the premises are tenanted the responsible person will depend on the nature of the lease. For example “Trading Stores” leases a shop premises from “Active City Council” to carry out retail trade. The person in control of the premises within Trading Stores will be the responsible person. However, if the landlord has obligations for safety or maintenance or retains control over part of the premises the landlord can still have liability for the “Trading Stores” premises.

It is possible that more than one person may be the responsible person in a single building. Where a building is made up of leases of individual units each tenant is responsible for his own property and the landlord is responsible for any retained parts or communal areas.

If an organisation is managed by trustees the chairman or secretary is the responsible person or, failing that a nominated trustee with specific responsibility for fire safety under the regulations.

Who checks?

The local Fire & Rescue Authority are the enforcement agency for these regulations. Their powers include issuing notices to the responsible person where remedial action is needed. Failure to respond to the notices or comply with the regulations can result in a fine or even a custodial sentence.

These regulations have removed the necessity for fire certificates which would record compliance. Instead it is up to the responsible person to “self certificate” by way of risk assessments and, where required, records. Risk assessments and self certification are not one off occurrences they need to be constantly reviewed as a business changes (for example an increased number of employees due to expansion). This onus of responsibility is on an identifiable individual and is indeed a heavy burden.

Published 19/08/2007. The author of this article is Philip Wolfgang