The Regulatory Reform (Fire Safety) Order 2005 came into force on 1st October 2006 and requires the Responsible Person (RP) of any non-domestic premises to carry out a fire risk assessment, including measures to reduce or eliminate the risk of fire, and identify persons at risk. Where there are five or more employees, a record must be kept of significant findings and a definition of a Responsible Person is contained in the above Order.
The Fire Safety Order applies to all non-domestic premises in England and Wales, including the common parts of blocks of flats and houses in multiple occupation (HMOs). The law applies to you if you are:
- responsible for business premises
- an employer or self-employed with business premises
- responsible for a part of a dwelling where that part is solely used for business purposes
- a charity or voluntary organisation
- a contractor with a degree of control over any premises
- providing accommodation for paying guests
Where the RP does not have control of all parts of the building and it is shared with other persons, they should be informed of significant risks identified.
The person who does have control (landlord, owner, or other employer etc.) has a responsibility to make sure the regulations are complied with, in the parts they control. This may require communication and cooperation between parties to ensure coordination of fire safety provisions, fire fighting measures, evacuation procedures etc.
Each RP must consider his or her own circumstances and capabilities in respect of the risk assessment process. Nobody knows as much about the business/activities as the RP but if the RP is not confident in his or her own ability to complete their fire safety risk assessment then they should arrange for a suitably qualified or experienced person to complete the assessment on their behalf.
We are BAFE Registered for the provision of life safety fire risk assessments which we provide to commercial properties only, and for extra peace of mind all risk assessments we carry out are covered under our Professional Indemnity Insurance.