Almost every day, we move in and around different buildings. This might be at work, when we’re out on a shopping trip, or seeking the services of a business. We expect to be safe during our visit. If the worst happens and a fire breaks out, we expect protection and a safe route out of the building. We give little thought to why or how these are provided. We take it for granted that the right measures will be in place.
It is not until we become responsible for a premise that we give it much more thought and realise we must comply with the Regulatory Reform (Fire Safety) Order 2005, often known simply as the ‘Fire Safety Order.’ The government introduced these regulations with two simple aims: to reduce the risk of fire in premises and to ensure people using the building can escape safely in the event of a fire. They are a legal obligation. But every year, enforcing authorities discover premises which don’t comply. But who is responsible for your premise and how can they ensure the regulations are met?
The “Responsible Person”
When discussing who ensures compliance, the regulations refer to what is known as the “Responsible Person”. Essentially, this is the person who has control over the premises, for example, the owner of the business within the premise. Usually, it is relatively straightforward.
However, on occasions, it will involve more than one person. For example, when there is more than one business in the building, then there might be several people responsible, with the managing agent or owner responsible for shared areas.
It is up to the “Responsible Person” to ensure a proper fire risk assessment is carried out and that the building conforms to the regulations.
The 5 steps to a fire risk assessment
To comply, it’s important that the fire risk assessment identifies the risks, removes or reduces them, and protects the people in the building. This can be covered in five different steps:
- Identifying fire hazards – The assessment starts with an evaluation of the current situation. You will need to identify any fire hazards on the premise, as this will help you reduce the risk of fire. This includes identifying any potential sources of ignition, fuel, or oxygen. This can include things such as naked flames on a gas cooker, or air conditioning which is a source of oxygen.
- Identifying assets or people at risk – The other aim of the regulations is to protect assets or people if a fire breaks out. Therefore, you need to assess who or what is at risk. This involves considering all of those that might enter the premise rather than just employees. You should also identify those who are especially at risk, for example, those who are infirm, disabled, or working alone.
- Remove, reduce, and protect – Once you’ve identified the potential issues, it’s time to remove or reduce any potential fire hazard and protect the people who might be in your premise. For example, you could introduce a no smoking policy and keep flammable materials away from any ignition risk. You should also introduce protective measures, for example, installing a fire-detection and warning system, fire doors and fire extinguishers. You are also required to provide a safe route of escape.
- Create your emergency plan – Make sure you’ve recorded everything so far. You’ll then need to create your emergency plan, which states what needs to happen in the event of a fire. It’s also important that you provide the right information and training to the relevant people.
- Review – Finally, it’s important to remember that things can change, which means you need to ensure that this is all reviewed regularly.
What happens if you don’t comply?
Compliance is a legal obligation. What course of action follows non-compliance will depend on the severity of risk. However, enforcing authorities can implement enforcement notices, which state the improvements that need to be made, and prohibition notices, which prohibit or restrict the use of the building. In serious cases, they can take the case to a crown court. The court can issue an unlimited fine and up to two years in prison.
Of course, there is also another far worse consequence. Failure to comply means there is a much greater danger of a fire. Not only could you lose your building, but lives can be lost too. The ‘Fire Safety Order’ is not just a tick-boxing exercise. It’s a regulation that saves lives.
Getting compliant
If you’re unsure about any aspect of complying with this regulation, or wish to ensure you’re doing what you can to protect the people that use your premises, then Commercial Fire Protection can help. We offer a full range of comprehensive services for your commercial buildings. Get in touch to find out more.
