Commercial Alert - New Fire Regulations
b>As from 1 October 2006 new Fire Regulations [technically the Regulatory Reform (Fire Safety) Order 2005] came into effect, replacing most of the previous legislation at a stroke.
The Order applies to virtually all commercial premises in England & Wales.
What does the new Order do?
It makes the occupier or owner (see below for clarification) of any commercial building responsible for taking reasonable steps to reduce the risk from fire and to make sure people can escape safely if there is a fire. The old system whereby the Fire Authorities issued Fire Safety Certificates has been dispensed with.
Where Does the Order Apply?
It covers virtually all types of commercial premises including, for example, offices and shops; care homes and hospitals; community halls and places of worship; pubs clubs and restaurants; schools and sports centres; tents and marquees; hotels and hostels; and factories and warehouses. It does not apply to people's private homes.
Who, specifically, is responsible for meeting the Order?
A "responsible person" must be identified. This person is:
- The employer, in relation to a workplace, if any part of it is under the employer's control
- If not, the person who does have control, as occupier or otherwise, in connection with his carrying on a trade, business or undertaking (whether or not for profit)
- If not, the owner.
If you are the responsible person you must carry out a fire-risk assessment. This task may be delegated to some other competent person (or body) but you will remain responsible, in law, for complying with the Order.
You must consider everyone who might be on your premises, whether they are employees, visitors, or members of the public. You should pay particular attention to people who may have a disability or anyone who may need special help.
Fire authorities no longer issue fire certificates and those previously in force have no legal status - however, any certificates you have may be useful as a starting point.
Duties of the Responsible Person:
- To take "general fire precautions" relating to reducing fire risk, means of escape, fighting fires, detecting fire, training, and mitigating the effects of fire
- To carry out a risk assessment, and keep it reviewed and up to date, making a record of its findings
- To apply the principles of fire prevention (set out in Part 3 of Schedule 1 of the Order)
- To make and give effect to appropriate fire safety arrangements
- To reduce or eliminate risk from dangerous substances
- To ensure that premises are equipped with appropriate fire-fighting equipment, fire detectors and alarms, and adequately trained people to fight fires
- To keep emergency exits clear
- To establish evacuation procedures, safety drills etc.
- To maintain premises and systems in good working order
- To appoint one or more competent persons to assist (with exceptions)
- To provide comprehensible and relevant information on risk and preventative measures etc.
- To provide safety training
- To cooperate with others who share the responsibility for premises
Employees are required to take reasonable care, to cooperate with the employer and to draw attention to any deficiencies.
Enforcement and Sanctions
Enforcement is generally (as previously) by the Fire Service, who can also require alterations to premises by an "Alterations Notice", require failings to be put right by an "Enforcement Notice" and stop or restrict the use of premises by a "Prohibition Notice".
There are criminal sanctions for certain breaches of the Order, particularly where a breach of duty places someone at risk of death or serious injury in case of fire.
Further Advice and Assistance:
For further advice on the law please contact Rob Fawcett
Tel: 01903 706967
Fax: 01903 229177
Email: rjf@bennett-griffin.co.uk
For further technical advice visit the community fire safety website
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