I have heard new fire safety legislation came into force on Sunday 1 October 2006, where can I find more information?

You can find a breakdown of information about the Regulatory Reform (Fire Safety) Order 2005 on this website.

You can also find information on the Communities and Local Government website

Does it affect me?

Yes if you are an employer, owner or occupier of business or industrial premises, or if you have some degree control over any commercial premises.

What do I have to do?

The Fire Safety Order places a duty on a ‘responsible person’ (usually the owner, employer or occupier of business or industrial premises) to carry out a fire risk assessment.

Responsible persons under the Fire Safety Order are required, following a risk assessment, to implement appropriate fire safety measures to minimise the risk to life from fire; and to keep the assessment up to date.

Do I only need to consider the safety of employees when undertaking a risk assessment?

As well as considering employees, you will have to take into account any relevant person resorting to your premises, such as:

• Contractors
• Visitors
• Members of the public
• Any other people who may be affected by your activities

Who is the ‘responsible person’?

The responsible person is the employer or any other person who may have control of any part of the premises, for example, an occupier or the premises owner.

If there is more than one responsible person in any premises, then they must take reasonable steps to work with one another, so as to cooperate and coordinate their fire safety activities.

Who is a ‘relevant person’?

Any person (including the responsible person) who is lawfully on the premises and any person in the vicinity of the premises who may be affected by a fire on the premises.

This means, for example, that if you store substances that are explosive when exposed to fire you may need to consider the occupants of nearby buildings, if they could be affected by an explosion or by any exclusion zone or cordon set up by the Fire and Rescue Service because of the danger of explosion.

Will I have to make special arrangements for people with mobility impairment and other disabilities?

Where there are people with special needs on your premises, appropriate arrangements must be made. The Government Fire Safety Risk Assessment Guide says: “In evaluating the risk to people with disabilities you may need to discuss their individual needs with them. In more complex buildings used extensively by the public you may need to seek professional advice.”

You should also make sure you conform to the The Disability and Equality Act 2010.

I have no experience of conducting a fire safety risk assessment, where can I find some guidance?

There are a series of guides on completing a fire safety risk assessment available on the Communities and Local Government website.

These guides are designed to take the responsible person through the fire risk assessment process, in a number of steps. If you feel unsure regarding any aspect of the process, you should seek clarification through the Fire Protection Department.

If you consider that the fire risk assessment requires more specialist knowledge, you may wish to engage the services of a suitably qualified fire safety consultant, but you must be satisfied that they have the necessary level of knowledge and competence to conduct this on your behalf.

Here is a guide to assist you in Choosing a Competent Risk Assessor

What does a fire risk assessment involve?

There are five key steps in a fire safety risk assessment:

1. Identify fire hazards - eg, how could a fire start? what could burn?

2. Consider the people who may be a risk - eg, employees, visitors to the premises, and anyone who may be particularly vulnerable such as children, the elderly and disabled people.

3. Evaluate and act - think about what you have found in steps 1 and 2 and remove and reduce any risks to protect people and premises.

4. Record, plan and train - keep a record of what risks you identified and what actions you have taken to reduce or remove them.  Make a clear plan of how to prevent fires and, should a fire start, you will keep people safe. Make sure your staff know what to do in the event of a fire and if necessary that they are trained for their roles.

5. Review - regularly review your risk assessment to ensure it remains up to date and reflects and changes that may have occurred.

Do I need to keep a record?

It is a good idea to keep a written record of your fire risk assessment. If you employ five or more people (including any who work part time), the law says you must keep a written record of significant findings.

Keeping a record will save you time and effort when you come to review and update your fire risk assessment. It will also show that you have carried out a risk assessment if your premises are audited by the Fire and Rescue Service.

How often should I do a risk assessment?

You should keep your fire risk assessment under regular review as risks may change over time. If you make changes to your premises, you should ensure that the assessment and risk management plan remains current.

Once I have done my fire safety risk assessment, who do I need to show it to?

You will need to consult with your staff and other interested parties about the findings of the risk assessment and, where appropriate, provide adequate training.

Your Local Fire Authority is responsible for enforcing the legislation. As part of this, a fire officer may ask to see the significant findings, or outcomes, of your fire risk assessment and/or other fire related documentation. They may also wish to carry out a physical inspection of all or part of the premises.

Who should carry out the fire risk assessment?

All guidance relating to the Fire Safety Order has been written to assist the responsible person carrying out a fire risk assessment, particularly in less complex premises. If you read the guidance and feel unable to apply it, you should seek expert advice from a competent person. More complex premises are likely to require assessment by a person with comprehensive training and experience in fire risk assessment.

I have a fire certificate. Do I need to take other action?

Yes. When the Regulatory Reform (Fire Safety) Order 2005 came into force, fire certificate legislation was repealed and fire certificates are no longer issued. You will need to prepare a fire risk assessment and emergency plan. The information contained in your fire certificate may assist you in assessing the existing control measures at step three in preparing your fire risk assessment.

When the fire certificate was issued it reflected the fire safety standards of the day. However, although the building, use and workforce may not have changed, the standards have. Therefore, Fire and Rescue Services could not have required the business to upgrade their fire alarm system or install extra fire fighting equipment, etc. even though it may have been beneficial for all concerned. The new Fire Safety Order is dynamic and changes may now have to be made. Many firms have indicated that they will be retaining the certificate and using it as a benchmark when formulating their Fire Risk Assessment. This is a good practice, but you should be aware that higher standards may now apply.

What does the Fire Safety Order expect of Fire and Rescue Authorities?

Fire and Rescue Authorities are required under the Regulatory Reform (Fire Safety) Order 2005 to audit business premises within their local areas to ensure compliance with the requirements of the Fire Safety Order and that adequate fire safety measures are in place. In addition, Authorities have a duty to provide fire safety advice when requested.

In delivering their audit and enforcement duties, Fire and Rescue Authorities are expected to act openly and in proportion to the identified risk, and wherever possible, to allow the responsible person a reasonable timeframe in which to implement any fire safety improvement.

Will the Fire and Rescue Service inspect my premises?

Possibly. Fire and Rescue Authorities as the enforcing authorities for the Fire Safety Order are expected to develop appropriate risk-based inspection regimes within the context of their Integrated Risk Management Plan (IRMP). How each Authority carries out its statutory duties is a matter for local discretion.

What happens if I don’t comply with the legislation?

Fire and Rescue Authorities will, where necessary, offer support and advice on how best to improve fire safety arrangements. In doing so, they will take account of measures which are proportionate and reasonable to the identified risk.

In cases where a serious risk exists and is not being managed, Fire and Rescue Authorities have a statutory duty to enforce compliance with the Fire Safety Order.

Should I wait for the Fire Safety Officer to visit and identify any remedial action?

No. It is your responsibility to comply with the Fire Safety Order. You will need to prepare a fire risk assessment and emergency plan.

If any of the following conditions apply to your premises then the findings of the risk assessment must be recorded:

• You are an employer with five or more employees;
• A licence under an enactment is in force; or
• An Alterations Notice under the Fire Safety Order requires it

Will fire precautions have to be improved?

If you are already fully complying with existing legislation then it should be fairly simple. If you have not kept your fire precautions up to date there may be some additional areas to look at.

I own a building, but I lease it out and have no direct involvement. Does the Fire Safety Order apply to me?

This will depend upon the terms of the lease. The Fire Safety Order applies to any person who has, to any extent, control of a premises. You should ensure your tenants are aware of the Fire Safety Order and cooperate with them to ensure compliance.

In multi-occupied buildings, the owner may have a responsibility in respect of common parts of the building and must prepare a fire risk assessment for those areas that is coordinated with those of the occupiers.

I have a small business and only employ one or two people. Do I need to be aware of the Fire Safety Order?

Yes. You will need to carry out a fire risk assessment and have an emergency plan even where there is just one employee.

The findings of the risk assessment must be recorded where:

• A licence under an enactment is in force
• An Alterations Notice under the Fire Safety Order requires it
• You are an employer and have five or more employees

I’m self-employed. How am I affected by the legislation?

You will need to carry out a fire risk assessment and have an emergency plan even when you are self employed.

The findings of the risk assessment must be recorded where:

• A licence under an enactment is in force
• An Alterations Notice under the Fire Safety Order requires it
• You are an employer and have five or more employees

I run a business out of my small workshop. I am self-employed; does the Fire Safety Order apply to me?

Yes. You must protect yourself and anyone else in the vicinity of your business from fire.

To do this you must assess the risks and make general fire precautions. You are not required, however, to record the findings of your assessment unless you employ five or more people, hold a license issued by another authority, or are told to do so by the Fire Authority in a Notice.

I’m a Managing Agent. Do I have any responsibilities under the legislation?

This will depend upon the terms of your contract with the building owner. The Fire Safety Order applies to any person who has, to any extent, control of a premises. You should ensure that tenants are aware of the Fire Safety Order and cooperate with them to ensure compliance.

In multi-occupied buildings you may have a responsibility to prepare, on the owner’s behalf, a fire risk assessment in respect of common parts of the building. Any such risk assessment must be coordinated with those of the occupiers.

I am just one of the businesses in a large, multi-occupied building. Who has responsibility here?

Under the Fire Safety Order each employer is responsible for the safety of both their employees and any other relevant person. This may include employees of other employers as well as visitors, contractors etc.

As an employer you must take account of the risk to both your employees and other relevant persons to the extent to which you have control of the premises and other employers in the building must do the same.

The owner (or landlord if they have legal responsibility) of the building must take into account the risk to persons in the common parts.

Article 22 of the Fire Safety Order requires all parties to cooperate, where two or more responsible persons have duties in respect of the Order.

I’m an employee. Do I need to take any action?

You should review our page for employees (see related links). If your employer has delegated responsibilities to you (for example, you are the Building Manager), you will need to carry out those duties in accordance with the Fire Safety Order or other appropriate legislation.

As a visitor, what should I be aware of?

As a visitor to premises, you should be aware of your surroundings and not do anything to increase risk to the safety of yourself or others. You should make yourself aware of fire exits, exit signs and call points and obey the instructions provided to you.

My employer does not seem to be complying with fire safety legislation. What should I do?

You should first discuss your concerns with your employer through the appropriate channels and procedure for your place of work. If your concerns are not resolved and you feel you and your colleagues are at risk, you should contact your local Fire and Rescue Service.

Where can I buy Fire Extinguishers?

The Fire and Rescue Service doesn’t sell fire extinguishers or fire blankets. If you contact a reputable supplier of firefighting equipment they will advise you on the most suitable equipment for your application. It may be for example that a fire blanket would be better. Any equipment used should conform to British Standard 5306 or Euro Norm (EN) 3.