New Fire Safety Rules Coming into Force on 1 October 2006 [ 26 Jun 2006]

(Construction and Engineering )

The Regulatory Reform (Fire Safety) Order 2005 (RRO 2005), originally intended to be brought into force on 1 April 2006, is coming into force on 1 October 2006 and anyone who is classed as a "responsible person" under RRO 2005 needs to be aware of the changes in relation to fire safety on premises and make provision for them.

What does RRO 2005 cover?

RRO 2005 will repeal or amend of over 70 pieces of legislation, including the Fire Precautions Act 1971 and Fire Precautions (Workplace) Regulations 1997.

The following changes to the current fire safety laws are of particular note.

• Fire certificates will no longer be valid when RRO comes into force.
• The focus of RRO 2005 is on risk assessment. This builds on the approach to fire safety established by the Fire Precautions (Workplace) Regulations 1997 under which an employer is required to comply with the regulations in respect of any workplace under the employer's control.
• Compliance with RRO 2005 is the duty of the "responsible person".
• Employees are subject to general duties under RRO 2005, including a duty to co-operate and to alert the employer to certain risks.
• In multi-occupied buildings, the owners and occupiers of other parts of the building are required to co-operate with the responsible person in making arrangements for maintenance of facilities, equipment and devices for fire safety.
• Duties in respect of fire safety are owed not only to employees but also to "relevant persons", which include anyone lawfully on the premises or in the vicinity of the premises and at risk from fire at the premises.
• If premises are subject to separate licensing control (for example, theatres and sports grounds), fire safety requirements specified in the licence must be consistent with those contained in RRO 2005.
• The Department for Communities and Local Government (DCLG) (which replaces the Office of the Deputy Prime Minister as from 5 May 2006) is required, under RRO 2005, to issue guidance to assist "responsible persons" in the carrying out of their duties under RRO 2005.
• Enforcement of the provisions of RRO 2005 remains the responsibility of the local fire authority for most types of premises. Sanctions for failure to comply with RRO 2005 include fines and imprisonment.

Who is a "responsible person"?

A "responsible person" is defined in Article 3 of RRO 2005 as:

(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;

(b) in relation to any premises not falling within paragraph (a):

(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or

(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

A person with obligations under a lease or any other contractual agreement for maintenance or safety of the premises is considered to have control of the premises. Otherwise, the obligation falls on the owner, for example, in the case of a newly constructed building which has yet to be occupied.

What must the "responsible person" do?

Article 8 of RRO 2005 sets out the general duties of the responsible person.

The responsible person must:

(a) take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and

(b) in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe.

Essentially, "general fire precautions" in relation to premises means:

(a) measures to reduce the risk of fire on the premises and the risk of the spread of fire on the premises;

(b) measures in relation to the means of escape from the premises;

(c) measures for securing that, at all material times, the means of escape can be safely and effectively used;

(d) measures in relation to the means for fighting fires on the premises;

(e) measures in relation to the means for detecting fire on the premises and giving warning in case of fire on the premises; and

(f) measures in relation to the arrangements for action to be taken in the event of fire on the premises, including:

(i) measures relating to the instruction and training of employees; and

(ii) measures to mitigate the effects of the fire.

Identification of general fire precautions is made as a result of the responsible person carrying out risk assessments, which must be regularly reviewed to ensure they are up-to-date. There are provisions which need to be adhered to in relation to any "dangerous substance" (for example a substance which is explosive or flammable) that is or is liable to be present in or on the premises.

Guidance

The Department for Communities and Local Government has published a number of guides relating to the different types of premises that are covered by the RRO 2005. These guides may be downloaded free of charge by logging on to www.odpm.gov.uk and going on to the pages of the website dealing with Fire Safety Law. The guides are summarised below and are designed so that a responsible person, with limited formal training or experience, should be able to carry out a fire risk assessment.

• Fire Safety Risk Assessment - Offices and Shops

This guide is applicable to buildings where the main use of the building, or part of the building, is an office or shop including:

• purpose built or converted office blocks; and
• individual office or shop units which are part of other complexes.

Those responsible for the overall management of multi-use shopping areas should refer to the Large Places of Assembly guide.

• Fire Safety Risk Assessment - Factories and warehouses

This guide is for use in connection with premises where the main use of the building, or part of the building, is a factory or warehouse including:

• large and small factories;
• manufacturing warehouses;
• storage warehouses; and
• factories with warehouses.

• Fire Safety Risk Assessment - Sleeping accommodation

Most domestic premises are excluded from the requirements of the RRO 2005. However, the legislation has limited application to sleeping accommodation, including:

• common areas of houses in multiple occupation, flats and maisonettes and sheltered accommodation where care is not provided;
• holiday chalets, holiday flat complexes, camping, caravan and holiday parks (other than privately owned individual units);
• areas in work places where staff "sleeping in" is a condition of the employment or a business requirement as in licensed premises or hotels.

Hospitals, residential care and nursing homes and prisons and other establishments where people are in lawful custody are excluded from the scope of this guide.

• Fire Safety Risk Assessment - Educational premises

This guidance relates to:

• schools including Sunday schools and after school clubs;
• universities;
• academies;
• crèches;
• adult education centres;
• outdoor education centres; and
• music schools.

• Fire Safety Risk Assessment - Small and medium places of assembly

For the purposes of this guidance "small" means premises accommodating up to 60 people and "medium" means premises accommodating up to 300 people. This guidance is relevant to the following types of premises:

• public houses;
• clubs;
• village halls and community centres;
• churches and other religious centres; and
• marquees and tents.

Sports grounds and common areas of shopping malls are covered by separate guidance.

• Fire Safety Risk Assessment - Large places of assembly

This guidance is applicable to the following types of premises, if more than 300 people could gather there:

• sports stadia;
• exhibition and conference centres;
• large nightclubs;
• churches, cathedrals, other places of worship;
• community centres and village halls;
• common areas of shopping malls; and
• premises that adjoin other complexes such as shopping centres.

• Fire Safety Risk Assessment - Theatres and cinemas

This guidance is designed for premises where the main use of the building, or part of the building, is a theatre, cinema or multi-screen cinema. Concert halls are also covered by this guidance.

There are four further specific guides which are currently being developed by DCLG and will be published in due course.

• Fire Safety Risk Assessment – Residential care premises

This guide will be for premises where the main use of the building, or part of the building, is to provide residential care. It will be intended for non-domestic residential premises with staff in attendance at all times and where many, most or all of the residents would require carer assistance to be safe in the event of a fire i.e. where residents would not be able to make their way to a place of safety unaided. These could include:

• residential and nursing homes;
• rehabilitation premises providing residential treatment and care for addiction; and
• care homes and care homes with nursing (as defined by the Care Standards Act).

The guide will not be for day-care centres with no residential clients, sheltered accommodation where no care is provided, hospitals or out-posted nursing care in single private dwellings.

• Fire Safety Risk Assessment – Outdoor Events

This guide will cover premises holding outdoor events and venues will include:

• zoos;
• music concerts;
• sporting events;
• firework displays; and
• markets.

• Fire Safety Risk Assessment – Healthcare Premises

This guide will be for premises where the main use of the building, or part of the building, is to provide healthcare including:

• hospitals;
• medical centres; and
• other healthcare premises.

This guide will not be intended for use in care and nursing homes, rehabilitation premises, day-care centres with no residential clients, sheltered accommodation, out-posted nursing care in single private dwellings and staff accommodation.

• Fire Safety Risk Assessment – Transport premises and facilities

This guide will cover transport premises and facilities including:

• train, bus, coach and airport transportation terminals and exchanges;
• rail and road tunnels;
• passenger ferry ports and facilities;
• taxi stands and facilities; and
• shipping ports and terminals.

This guide will not apply to the offices and shops within transport premises and facilities.

A basic guide (Entry Level Guide - A short guide to making your premises safe from fire) is also available that provides simple and practical advice to people responsible for fire safety in small and medium businesses.