Regulatory Reform (Fire Safety) Order 2005

Regulatory Reform (Fire Safety) Order 2005

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The thrust behind the Regulatory Reform (Fire Safety) Order is to simplify fire safety law for both the Fire & Rescue Authorities, as the primary enforcing authority and for those who are responsible for the fire safety of staff.

Fire Safety legislation had been built up over the years in piece meal fashion, often as a result of tragedies, consequently there were over one hundred differing pieces of legislation making reference to fire.

As part of the Government's commitment to reduce red tape and duplication, the then Office of the Deputy Prime Minister (now Department for Communities and Local Government) reviewed existing fire safety law. Following a consultation exercise, comprehensive changes were made via the Regulatory Reform (Fire Safety) Order, enabling a streamlining all these different references to fire legislation.

The Fire Precautions Act 1971 together with the Workplace Regulations had been the principle controlling legislation for workplaces, with a Fire Certification process for higher risk premises.

All of the previous fire safety law’s have now been repealed including the Fire Precautions Act 1971 and the related Work Place Regulations.

Notable changes include the withdrawal of the requirement to have a Fire Certificate for higher risk premises and the move to managing fire risk through a risk assessment regime with responsibility resting with the responsible person.

The Fire Safety Order applies in England and Wales. (Northern Ireland and Scotland will have their own laws.) All the West Midlands Regional Fire Service members have agreed to adopt the principals of the Order and carry out enforcement.

The Order cover’s 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 main effect of the change will be a move towards greater emphasis on fire prevention in all non-domestic premises, including the voluntary sector and self-employed people. Fire certificates have been abolished and will cease to have legal status.

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, e.g. the occupier or owner. In all other premises the person or people in control of the premises will be responsible.

A series of guidance documents have been produced in order to assist those preparing fire risk assessments. These give detailed information on risk assessments and other premises specific type issues.

The various guidance documents are:

Further detailed information and access to the various Guidance Documents can be accessed via the following website or your local Fire and Rescue Service.

A small entry-level guide has been produced which is designed to provided basic information and guidance for the small business user. All the guides have been written so that a responsible person, with limited formal training or experience, will be able to carry out a Fire Risk Assessment.

In relation to enforcement and re-inspection, the intended Policy will be to adopt agreed Chief Fire Officer Association guidance which will ensure uniformity of audits, standards, enforcement and polices. These audits will target those premises which are considered to be most at risk, based on the data already held together with data supplied via the Fire Service Emergency Cover system, amongst others. Each Fire and Rescue Service will carry out such Audits in-accordance to their own Risk Based Inspection Procedures.

By adopting such National Guidance and Polices, this will ensure uniformity of approach and application will be delivered across the West Midlands area for the benefit of the business community as a whole.