How well are you doing in complying with the new
“Fire Regulations”?
That came into force October 2006
Arks-n-Sparks are also specialists in the field of Fire Risk Assessment
About the Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 came into force on 1 October 2006,
and relates to all premises, with very few exceptions.
It places responsibility on those who are best placed to address fire safety and ensure that risks - which necessarily change over time - are kept under review. Under the Fire Safety Order a responsible person' (usually the owner, landlord, employer, or occupier of a business or industrial premises) must carry out a
‘Fire Risk Assessment’.
Responsible persons under the Order is required, following a risk assessment, to implement appropriate
fire safety measures to minimize the risk to life from fire; and to keep the assessment up to date.

Fire Safety Regulations Guide
The enforcing authority will have the power to inspect your premises to check that you are complying
with your duties under the Order.
They will look for evidence that you have carried out a suitable fire risk assessment and acted on the significant findings of that assessment. If, as is likely, you are required to record the outcome of the assessment they will expect to see a copy.
If the enforcing authority is dissatisfied with the outcome of your fire risk assessment or the action you have taken,
they may issue an enforcement notice that requires you to make certain improvements or, in extreme cases,
a prohibition notice that restricts the use of all or part of your premises until improvements are made.
If your premises are considered by the enforcing authority to be or have the potential to be high risk, they may issue an alteration notice that requires you to inform them before you make any changes to your premises or the way they are used.
Failure to comply with any duty imposed by the Order or any notice issued by the enforcing authority is an offence. You have a right of appeal to a magistrate court against any notice issued. Where you agree that there is a need for improvements to your fire precautions but disagree with the enforcing authority on the technical solution to be used (e.g. what type of fire alarm system is needed) you may agree to refer this for independent determination.
If, having read this guide, you are in any doubt about how fire safety law applies to you, contact the fire safety office at your local fire and rescue service.
If your premises were in use before 2006, then they may have been subject to the Fire Precautions Act and the Fire Precautions (Workplace) Regulations. Where the layout (means of escape) and other fire precautions have been assessed by the fire and rescue service to satisfy the guidance that was then current, it is likely that your premises already conform to many of the recommendations here, providing you have undertaken a fire risk assessment as required by the Fire Precautions (Workplace) Regulations.
New buildings or significant building alterations should be designed to satisfy current building regulations which address fire precautions.
However, you will still need to carry out a fire risk assessment, or review your existing assessment
(and act on your findings), to comply with the Order.
Fire Safety Regulations
...compliance in the work place
Fire risk assessment
The responsible person must carry out, or appoint a competent person to carry out a suitable and sufficient fire risk assessment of the risks of fire to their employees and others who may be affected by their work or business. Those who employ five or more employees should keep a formal record of any significant findings and remedial measures which have, or may need to be, taken.
Competent person
The competent person or fire risk assessor need not possess any specific academic qualifications but should:
· understand the relevant fire safety legislation;
· have appropriate education, training, knowledge and experience in the principles of fire safety;
· have an understanding of fire development and the behaviour of people in fire;
· understand the fire hazards, fire risks and relevant factors associated with occupants at special risk within the buildings of the type in question, and
· have appropriate training and/or experience in carrying out fire risk assessments.
Suitable and sufficient
While the legislation does not define suitable and sufficient it is generally considered that a risk assessment should do the following:
1. Identify the fire risks arising from or in connection with work:
Attention should be paid to sources of ignition, sources of fuel and work processes.
2. Identify the location of people at significant risk if in case of fire:
It will be necessary to identify the areas that persons will frequent, whether they be employees, customers, visiting contractors etc.
3. Evaluate the risks:
· Are existing fire safety measures within the premises adequate?
· Are sources of fuel and ignition controlled?
· Is there adequate means for detecting fire and giving warning?
· Is there adequate means of escape in case of fire from all parts of the premises?
· Has adequate and appropriate fire-fighting equipment been provided, and is it suitably located?
· Is there an adequate testing and maintenance regime in place for fire precautions within the premises?
· Have employees been adequately trained in fire safety procedures within the premises and in the use of fire-fighting equipment?
4. Record findings and action taken:
Prepare an emergency plan, inform, instruct and give training to employees in fire precautions.
5. Keep the assessment under review:
Generally the review date should be one year from the date of completion of the risk assessment, however it may be necessary to set an earlier date depending on the type of premises, processes carried out, etc.
Employers and the self employed are expected to take reasonable steps to help themselves identify fire risks, i.e., by looking at appropriate sources of information such as legislation, and codes of practice or by reference to a competent individual.
· For small premises presenting few or simple hazards a suitable and sufficient fire risk assessment can be a very straightforward process.
· In many intermediate cases the fire risk assessment will need to be more sophisticated. Some areas of the assessment may require specialist advice such as in a particularly complicated building.
· Large and complex premises will require the most developed and sophisticated fire risk assessments particularly where fire engineering solutions have been developed to overcome difficult fire safety issues.
· Fire risk assessments must also consider all those who might be affected by the undertaking whether they are employees or others such as contractors working on site or members of the public. Particularly attention should be given to those individuals who are especially vulnerable. such as young persons, the elderly or those with disabilities.
Significant findings
Significant findings should include:
· the significant hazards identified in the assessment. That is, those hazards which might pose serious risk to workers or others who might be affected by the work activities if they were not properly controlled;
· the existing control measures in place and the extent to which they control the risks (this need not replicate details of measures more fully described in works manuals etc but could refer to them);
· the population which may be affected by these significant risks or hazards, including any groups of employees who are especially at risk.
Sources of information
· The Approved Code Of Practice to the Management of Health and Safety at Work Regulations 1999. ISBN 0 71 762 488 9. Available from HSE Books.
· PAS 79:2007, Fire Risk Assessment - Guidance and a recommended methodology (By C.S. Todd and Associates) ISBN 978 0 580 50683 3 Available from the British standards Institute.
Arks-n-Sparks are specialists in the field of Fire Risk Assessments
Area Coverage - City of Bath and South West England.
