The Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended in 1989, 1993 and 2010) set levels of fire resistance for new or second hand domestic upholstered furniture, as well as any other furnishings or products containing upholstery. This legislation was introduced to ensure basic standards of fire resistance were applied to all furniture on sale within the UK.
This legislation references a range of British Standards relating to the ignition resistance requirements for upholstered furniture and filling materials, and the extent of testing needed for foam and non-foam fillings, composites, inter-liners and covers. It also defines the necessary product labelling and outlines the importance of commercial suppliers of upholstered furniture retaining records for a minimum of five years.
Any furniture manufactured after 1/1/1950 for domestic use is subject to these regulations.
The regulations are applicable to manufacturers, retailers and importers of upholstered furniture, as well as the suppliers of filling materials and fabrics to the furniture industry or direct to consumers. They also apply to those who offer re-upholstery and re-covering services and anyone supplying second hand furniture in the course of business or trade, e.g. auctioneers.
In legislative terms, non-domestic upholstered furniture is governed differently, falling under the remit of the Regulatory Reform (Fire Safety) Order 2005, commonly abbreviated to RRFSO. This legislation covers all aspects of fire safety within non-domestic premises, and by extension covers any furniture that is present within a non-domestic setting.
There are British Standards that apply exclusively to non-domestic furnishings. These are covered in detail in our non-domestic furniture section.
It should also be noted that the supply of all furniture is covered generally by the General Product Safety Regulations 2005 (GPSR). This is a general piece of legislation that governs the supply of all goods, and ensures products available for purchase are fit for purpose - including issues such as fire resistance.
There are two distinct types of furniture labelling, each serving a specific purpose. This section of our guide explains the differences between display labels and permanent labels.
Display labelling is required to indicate the ignition resistance of each item of furniture and needs to be attached to all new furniture in a visible location at the point of sale. It is intended to provide guidance for consumers when making a purchase. Such a label is not required for mattresses, bed-bases, pillows, scatter cushions, seat pads, loose covers (sold separately from the furniture) and stretch covers.
The display label need not be retained after purchase and is usually discarded.
Permanent labels conforming to The Furniture and Furnishings (Fire Safety) Regulations 1988 must also be present on all items of furniture on sale. The relevant label should be affixed to the furniture in such a way that it will stay attached to the item and remain visible if the furniture is subsequently sold second hand. This enables enforcement officers to confirm that materials used in the item comply with the regulations.
Once again, there is a distinction when it comes to mattresses, divans and bed bases. Whilst these items are required to carry permanent labels, the requirements for these are defined in a separate document, BS 7177:2008.
There are a variety of label styles available to manufacturers as detailed in the furniture and furnishings regulations. In relation to permanent labels, manufacturers can choose to provide either labels giving full information about the furniture or a shorter version giving only the minimum information about the furniture.
The legislation is designed to give clear guidance on the required information, and the available styles of presentation. Even the shorter format labels must provide the key information needed when making a purchasing choice.
Further details and specific examples of labels can be found on www.firesafe.org.uk.
Private individuals looking to sell second hand furniture should try to ensure items sold are compliant with the regulations, but are unlikely to be prosecuted for selling non-compliant items. The reason is that Trading Standards have limited powers to act if the sale is not in the course of trade or business and deemed a private transaction.
If it can be proven that furniture has been produced solely for export out of the UK then it is exempt from the regulations. However, imported furniture is covered by The Furniture and Furnishings (Fire Safety) Regulations 1988.
As referenced previously, the General Product Safety Regulations 2005 (GPSR) is another piece of legislation that aims to ensure that ALL products intended for, or likely to be used by consumers under normal or reasonably foreseeable conditions, are inherently safe.
All suppliers of domestic upholstered furniture and furnishings are responsible for product liability under the Consumer Protection Act 1987. Therefore suppliers of domestic upholstered furniture and furnishings need to meet the requirements of both the Furniture and Furnishings (Fire Safety) Regulations 1988 and the GPSR as it is illegal to supply goods that do not comply. This remains the case whether the furniture is manufactured in the UK or imported.
Beanbags and floor cushions must also meet all of the requirements of the Furniture and Furnishings (Fire Safety) Regulations 1988 regulations.
Persons who supply second-hand furniture in the course of business or trade (e.g. auctioneers, charities) are covered by the regulations and should ensure labels are attached. However, the regulations state that the distribution of second-hand upholstered furniture and furnishings by a charity in pursuance of its charitable objectives to needy persons, either free of charge or at a nominal amount only, does not constitute supply in the course of business and is therefore exempt from the regulations.
If the permanent label has been removed from an item of furniture, then this cannot be replaced and the item would not be accepted by a charity shop for example, and should not be sold-on in a commercial capacity. It is not acceptable to add new labels to older furniture, as labels can only be added by the manufacturer or an importer following accredited test procedures. However, as mentioned at the beginning of this section, a sale from one private individual to another is unlikely to fall foul of Trading Standards.
All references to fire resistance within The Furniture and Furnishings (Fire Safety) Regulations 1988 are in relation to upholstered furnishing. Therefore purely wooden furniture is not covered by this legislation. General safety principles must of course still be observed for any wooden furniture sold within the UK as per the General Product Safety Regulations 2005 (GPSR).
If there are any covers or cushions supplied with wooden furniture, then these are covered by the legislation and would need to carry labels.
Antique furniture produced prior to 1950 is also exempt from the legislation. However, care must be taken if refurbishing an antique chair for sale, as although there are no labelling requirements for antique furniture, the legislation does specify that all covering fabrics and filling materials used for re-upholstering must be fire resistant.
Individuals refurbishing or creating items of furniture for personal use would be advised to use fire resistant materials wherever possible, but are not affected by the legislation unless selling the furniture as part of a business, or using it as part of a commercial activity.
Another exclusion from the Furniture and Furnishings (Fire Safety) Regulations 1998 is furniture which is deemed as unsuitable for use within dwellings – e.g. garden furniture which would not physically fit indoors.
This would include non-upholstered garden furniture (deck-chairs and parasols) and the fabric of any removable canopy element of upholstered garden furniture which is intended to act as sunshade or waterproof cover when the item is used in open air. If there is any likelihood of the garden furniture being brought inside the dwelling for use or storage then it does need to comply with the regulations. All upholstered cushions, whether tie-on or permanent, that are supplied for use with garden or outdoor furniture are required to satisfy the regulations. Each separate finished item and removable cushion set should have a permanent label.
It has been observed that 'Not for Indoor Use' labels are often attached to outdoor products. This can be with the intention of making these products exempt from the requirements of the regulations. However, if there is any likelihood of an outdoor upholstered furniture item being brought indoors (and if it is possible to physically carry this item indoors), then this product must comply with the regulations, regardless of any labels stating 'Not for Indoor Use'.
Responsibility for the fire resistance of furniture in rental properties may seem like a grey area, but luckily there is a clear defining line. In a furnished flat or house the landlord or letting agent is responsible for ensuring that any upholstered furniture provided as part of the tenancy agreement complies with the legislation as dictated by the 1993 amendment to the Furniture and Furnishings (Fire Safety) Regulations 1988. They are also duty-bound to ensure that any mattresses supplied carry a label showing that they conform to BS7177.
If a property is rented as unfurnished, then it is the responsibility of the tenant to ensure any upholstered furniture or mattresses brought into the property are suitably fire resistant, for the safety of themselves and their family.
If you are a Landlord looking for further information about fire safety in general, make sure to visit our dedicated help section where you will find a selection of informative articles.
Non-domestic furniture is less directly regulated than furniture supplied to domestic consumers. Furniture used within a non-domestic setting is however subject to the Regulatory Reform (Fire Safety) Order 2005 (RRFSO), meaning that the fire resistance levels and general suitability of the furniture must be considered by, and is the responsibility of, the 'responsible person'. The term 'responsible person' in the context of the RRFSO generally applies to the business owner.
As part of their responsibilities, the responsible person must ensure that there is a valid fire risk assessment in place. Fire risk assessments consider all aspects of a properties fire safety and as such should appraise the suitability of any furniture and furnishings within the building.
Upholstered seating to be used in a non-domestic setting must conform to a specific British Standard: BS 7176: 2007 + A1: 2011. This standard specifies the test procedures used to establish fire resistance performance and also the levels of fire resistance that must be achieved. It is the responsibility of manufacturers to ensure products offered into the market conform to this standard. Conformity is achieved by the careful selection of certified fillings and fabrics, as well ongoing testing of the finished product.
Retailers of non-domestic upholstered furniture must ensure that each piece of furniture they sell carries a label showing that the item complies with BS 7176:2007 where appropriate. It is also required to publish this information in any catalogues or brochures produced.
Ultimately, the 'responsible person' is liable for the selection of furniture in a non-domestic setting, and ensuring it is fit for purpose from a fire safety perspective. However, manufacturers must ensure that the information is available so that an informed purchasing decision can be made.