In 2005 businesses, organisations and landlords were given strict guidelines to follow with regards to fire safety in the form of the Regulatory Reform (Fire Safety) Order. It states that they must carry out Fire Risk Assessments and that the responsibility for fire safety now lies fully with the 'responsible person'.
The responsible person can be a building proprietor, business owner, landlord or an appointed person within an organisation’s staff. If competent to do so, they may carry out the fire risk assessment themselves. There is also the option to outsource the task and employ the services of a professional fire risk assessor who will survey the premises and report back their findings.
What is a fire risk assessment & why are they important?
A fire risk assessment is an in-depth review of the premises, highlighting all fire risks and making recommendations to reduce or eliminate the risk. Fire risk assessments are important as they assess all aspect of fire safety for a premises, for example, building users, sources of ignition and materials that could burn. and ensure that all relevant and appropriate risks are addressed. This could include evaluating current fire safety measures like fire extinguishers or evacuation procedures, and recommending improvements if required.
Are fire risk assessments a legal requirement?
All premises, other than those that are solely used a single private dwelling (e.g. houses), in England and Wales are required to comply with the Regulatory Reform (Fire Safety) Order (RRFSO) 2005 legislation. Commercial premises, like workplaces, and buildings used by the public, would be required to comply with the legislation.
A responsible person, in non-domestic premises, has a legal responsibility to ensure that the fire safety for all that are employed or those that visit the premises are safe. This includes those who may be on-site or within the immediate vicinity such as neighbours and visitors to a public building.
Most of the previous Acts providing legislation on fire safety have been repealed and replaced with this single document, Regulatory Reform (Fire Safety) Order 2005. One of the most important changes to the legislation, ensures that the responsible person must consider everyone who might be on the premises at any one time. This could include employees, visitors, and members of the public including neighbouring housing or businesses. In particular it highlights that consideration to ensure that individuals with disabilities are given the same protection as individuals that do not have impairments.
Who is responsible for completing a fire risk assessment?
Commercial premises will have an appointed Responsible Person, who must ensure that RRFSO is carried out and followed to ensure everyone's safety. In the majority of cases, the Responsible Person may be the owner and/or manager of the premises, who will need to consider what they can do to protect themselves and others that may use the premises from the risk of fire. Anyone completing a fire risk assessment should be competent and fully trained to do so.
Carrying out a fire risk assessment
The responsible person must observe a number of duties laid out in the legislation. These are:
Take general fire precautions
Take measures to reduce the risk of fire
Take measures to reduce the likelihood of fire spreading
Ensure a safe and effective means of escape from fire
Provide means to fight fire
Provide means to detect fire and to alert all people in the building to its presence
Nominate competent persons to help
The responsible person must nominate competent persons to help them in the execution of these duties, and somebody who is under their employment is preferred
Keep the competent persons nominated to help fully informed about all measures put into place associated with fire safety and fire risk
The time and means available for those competent persons must be sufficient for them to fulfil their normal role within the business as well as their duties with respect to fire safety
Do a fire risk assessment
Make a sufficient assessment of the risks posed to all people on the premises
Identify sources of ignition, such as heaters, naked flames etc
Identify sources of fuel, such as display materials, paper & fabric, stocked products, waste etc
Identify sources of oxygen, such as compressed gases, natural ventilation, forced air circulation etc
Identify the people at risk, such as those working alone or in isolated areas, children, parents, elderly, infirm and disabled individuals etc
Review the fire risk assessment regularly, and especially, when there is reason to believe the risks present may have changed (e.g. if the premises have been rearranged or extended, or the organisation of work has changed)
Record the information gained from the fire risk assessment, if there is five or more employed people on the premises. Even if you do not have five or more people employed, it is best practice to record the information and all suggested changes, which may have resulted in a follow-up action
Introduce fire safety arrangements and equip the premises
Fire safety arrangements
Plan, monitor and review the measures taken to reduce the risks that were highlighted
Put the arrangements into effect
Ensure that the arrangements are appropriate, taking special consideration to the size of the premises and the activities that take place there
The minimum requirement will include:
A fire detection and warning system, capable of warning everyone at risk in all circumstances
A way of fighting a small fire
A suitable way to evacuate everybody, safely and quickly away from the premises
Please Note: Larger premises, or premises where activities are carried out that increase the dangers posed by fire will need considerably more than this bare minimum
Ensure that any non-automatic firefighting equipment (e.g. fire extinguishers, fire blankets etc.) are easily accessible, simple to use and indicated by signs
Establish safety drills and procedures that should be followed in an emergency, as well as nominating a single person or group of people to implement them
Arrange contact with local emergency services, such as firefighting, rescue work, first aid and emergency medical care
Provide sufficient escape routes, ensuring that they are clear and easy to open at all times
Please Note: Emergency exits must:
Open in the direction of escape
Be adequately lit, even when normal lighting fails
Must not be a sliding or revolving door
Inform all people on the premises
The risks identified in the assessment
The preventative measures taken to mitigate against those risks
The identities of those Competent Persons nominated to help
Provide all above information to other people working on the premises, such as contractors
Give appropriate and adequate safety training to all new employees when hired, and whenever they are likely to be exposed to new risks or different procedures. This may include extension to the premises, moving or rearrangement of the premises, a change in the nature of their job, or the introduction of new technology
Set up a maintenance system
Make arrangements to monitor and maintain the facilities, equipment and devices that are used to comply with the fire safety legislation
Ensure all arrangements made to deal with the risk of fire are up to date. This includes ensuring that all equipment put in place to detect, warn, fight or protect against fire is kept in good repair and efficient working order
The owner and/or occupier of the premises, if not the responsible person themselves, must co-operate with the responsible person to allow maintenance to take place
Eliminate or reduce risks posed by dangerous substances
Where possible, eliminate the use of dangerous substances and replace it with the use of a safer substance
If no safer alternative is available, control the risk and mitigate the detrimental effects that fire may have on the dangerous substance
Provide anyone in the presence of, or are responsible for, dangerous substances with information on how to identify hazards associated with those substances. This would include informing them of the emergency arrangements pertaining to those substances
Provide an appropriate communication and warning system to enable the most appropriate response, to reduce the risk posed by the substance in an emergency
What do my employees have to do?
Most duties outline in the RRFSO pertain to the responsible person (usually the employer/owner of the business), but there are some general duties that are expected of every employee whilst they are at work.
Inform the responsible persons, or any of the nominated competent persons, of any situation which represents a danger to anyone on the premises, given their level of training and instruction
Inform the responsible persons, or any of the nominated competent persons, of any shortcomings in the current systems and equipment for fire safety
What happens if I don't comply with the RRFSO?
If an accident occurs on the premises, it is possible that you will be held legally responsible and could face criminal or civil action for negligence. The RRFSO gives Fire Inspectors and Fire Officers, the authority to inspect your premises. If they feel an infringement of the legislation has occurred which is serious and/or dangerous, they can either:
Close down the premises until action has been taken to rectify the problem
OR
Serve you with an enforcement notice, which will give you a limited period of time (which could be as little as 28 days) to rectify any problems before any further action is taken
Choosing the right fire risk assessment for your environment
Ensuring you get the correct advice from the start is key when choosing the right fire risk assessment for your premises. Safelincs offers a variety of fire risk assessments, dependant solely on the type of premises that you own or manage.
Suitable for small community groups, that may be managing or in control of communal premises, such as churches and village halls up to capacity of 750 individuals
Suitable for practice managers of medical facilities up to 2000m.sq, including but not limited to doctors & GP surgeries, dentist practices, and veterinarians
Suitable for facility managers in control of premises such as, cinemas, museums, theatres, & places of worship
Additional resources
Here is a list of additional government resources, which provides extra guidance in completing your fire risk assessment specifically for your premises.
How often do you need to carry out a fire risk assessment?
There is no explicit guideline as to how often a fire risk assessment should be carried out, however it is advised that a fire risk assessment should be re-visited by a professional risk assessor every 5 years. During this time, if there are any structural changes or new equipment is introduced within the premises, the fire risk assessment should be updated to reflect these changes and to highlight the risks posed.
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