GB, UK & European :    Safety Sign Reg's    PER and PED    PSSR    Old Legislation England & Wales :    RRFSO    Health Act Scotland :    Fire Safety Reg's    Fire (Scotland) Act    Smoking Act

The Regulatory Reform (Fire Safety) Order 2005 (“RRFSO”) received Parliamentary Approval on 7th June 2005 and took effect in England & Wales on 1^st October 2006¹. Please refer to the Fire Safety (Scotland) Regulations 2006 for the equivalent Scottish legislation.

This document aims to highlight some of the key parts of the RFFSO and is broken down into the following sections:

• Relevant Premises
• Responsible Person(s)
• Third-Party Fire-Safety Services and 'Safety Assistance'
• Definition of Competency
• Risk Assessments
• Provision & Maintenance of Fire Fighting Equipment
• Employee Training, 'Fire Marshals/Wardens'
• Means of Escape & Emergency Lighting
• Signage
• Provision & Maintenance of Fire Alarm Systems
• Information for Employees, Contractors & the Parents of Children Employees
• Offences
• Timescale
• General

Throughout, references to the pertinent legislation have been included as footnotes. The reader is referred to the full text of the Regulations (available here from the Government's Office of Public Sector Information) for full details.

Relevant Premises

'Relevant premises' are, broadly speaking, the vast majority of premises, including:

• shops, offices, factories & warehouses;
• pubs, clubs and restaurants;
• schools, sports centres, community halls & places of worship;
• hotels, hostels, hospitals and care homes;
• communal areas in shared housing (including houses in multiple occupation (“HMO”));
• vehicles; and
• tents and other moveable structures,

but excluding domestic premises occupied as a single private dwelling².

Responsible Person(s)

The Order defines a responsible person, with whom responsibility for complying with the Order rests. In a workplace, this is the employer³ and any other person who may have control of any part of the premises, such as the occupier or owner. In all other premises the responsible person or people in control of the premises will be responsible⁴. If there is more than one responsible person in any type of premises (e.g. a multi-occupied complex), all must take all reasonable steps to co-operate and co-ordinate with each other.

Please note that that the term 'person' is a legal term in this context and, in addition to referring to an individual, it may equally refer to an incorporated company, a partnership, etc.

The nature of the RRFSO is such that responsibility is hard to avoid - indeed there may be many people (individuals, companies or otherwise) that all have some responsibilities under the Order. It is perfectly conceivable that a company-landlord, his owners, his key employees, a company-tenant and the tenant's owners and key employees may all be in jeopardy if the Order is not adhered to (see Offences, below).

Third-Party Fire-Safety Services and 'Safety Assistance'

The Regulations stipulate that the responsible person must nominate one or more competent persons to assist in the undertaking of fire safety measures⁵. Of course, in a great many cases, such competent persons will, by necessity, be external third parties that provide fire safety services (such as Anderstore).

In this respect, it is essential to note that it is the duty of the responsible person to ensure that any such third party is competent (as set out below). If the responsible person failed to nominate third-parties meeting these competency requirements, the responsible person would be in breach of the Regulations.

Definition of Competency

The definition of competency is of key importance in the Regulations.

The Regulations define competency as having "sufficient training and experience or knowledge and other qualities" to enable the task in question to be properly undertaken⁶.

Risk Assessments

This Order requires the responsible person to undertake a fire risk assessment⁷ and for the responsible person to also ensure that:

• the significant findings of the assessment together with all measures taken or to be taken must be recorded where there are five or more people employed⁸.
• the fire risk assessment must be reviewed regularly and, additionally, whenever there is reason to suspect that it is no longer valid or where there has been a significant change⁹.

The responsible person must also keep further records in connection with fire safety arrangements made, amongst other things¹⁰.

Provision & Maintenance of Fire Fighting Equipment

The Regulations require that the responsible person ensures that:

• the relevant premises are "equipped with appropriate means for fighting fire"¹¹; and
• any such equipment is "subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair"¹².

The British Standard BS 5306-8:2000 lays down appropriate levels for the provision of portable fire extinguishers and the British Standard BS 5306-3:2003 lays down a suitable system for their maintenance.

Normally, the responsible person would be required under the Regulations to ensure the above measures were properly implemented through the use of a nominated third party (such as Anderstore) that satisfies the above competency requirements.

Employee Training, & 'Fire Marshals/Wardens'

The Regulations require the responsible person to ensure that fire safety training for all employees:

• is adequate, suitable and sufficient¹³;
• is provided to employees on starting¹⁴;
• is provided where there are new or increased risks¹⁵;
• repeated "periodically" where appropriate¹⁶.

Additionally, the Regulations also requires the responsible person to nominate competent persons to "take measures for fire-fighting" and to further ensure that they are adequately trained¹⁷. Persons in these roles are often appropriately trained competent employees and are often referred to as 'fire marshals' or 'fire wardens'.

Means of Escape & Emergency Lighting

The Regulations requires that the responsible person ensures that appropriate emergency routes and exits are provided¹⁸ and maintained and also requires that they "must be provided with emergency lighting of adequate intensity in the case of failure of their normal lighting"¹⁹.

Signage

The Regulations require that the responsible person ensures that signage must be used to indicate any "non-automatic fire-fighting equipment"²⁰ and emergency routes and exits²¹. Such signage must also meet the requirements of the Health and Safety (Safety Signs and Signals) Regulations 1996 which still also apply in Great Britain.

Provision & Maintenance of Fire Alarm Systems

The Regulations require that the responsible person ensures that:

• relevant premises "are, to the extent that it is appropriate, equipped with…fire detectors and alarms"¹¹; and
• any such equipment is required to be "subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair"¹².

In some circumstances, an electrical detection and warning system may not be required - shouted warnings may be acceptable but only provided that it can warn all people in all circumstances.

Information for Employees, Contractors & the Parents of Children Employees

The Regulations require that the responsible person must ensure that certain relevant information is provided to employees, contractors & the parents of children-employees²². Depending upon the circumstances, this information includes details of risks, fire-safety measures, procedures, etc so as to ensure safety.

Offences

There are many new offences in relation to the Order²³ with penalties extending up to imprisonment for a term not exceeding 2 years and/or an unlimited fine²⁴.

Timescale

The RRFSO is already law, having taken full effect from 1^st October 2006¹. It is the duty of the responsible person to ensure full compliance with the Order.

General

More information on this subject can be found from the DCLG in their fire law section.

Click here for the full web-text of the Order, or here for the full print-version of the Order available from the Government's Office of Public Sector Information.

Should you wish for any further information under this subject, please feel free to contact us.

Footnotes & References

1. Section 1 of Part 1, paragraph (3) of the RRFSO, as amended by Section 2 of  The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006.
2. Section 6 of Part 1 of the RRFSO.
3. Section 3 of Part 1, paragraph (a) of the RRFSO.
4. Section 3 of Part 1, paragraph (b) of the RRFSO.
5. Section 18 of Part 2, paragraph (1) of the RRFSO, although refer to paragraphs (6) and (7).
6. Section 13 of Part 2, paragraph (4), Section 15 of Part 2, paragraph (3), Section 18 of Part 2, paragraph (5), (6) and (7) of the RRFSO.
7. Section 9 of Part 2, paragraph (1) of the RRFSO.
8. Section 9 of Part 2, paragraph (6) and (7) of the RRFSO.
9. Section 9 of Part 2, paragraph (3) of the RRFSO.
10. Section 11 of Part 2, paragraph (2) of the RRFSO.
11. Section 13 of Part 2, paragraph (1)(a) of the RRFSO.
12. Section 17 of Part 2, paragraph (1) of the RRFSO.
13. Section 21 of Part 2, paragraphs (1) and (2)(a) of the RRFSO.
14. Section 21 of Part 2, paragraph (1)(a) of the RRFSO.
15. Section 21 of Part 2, paragraph (1)(b) of the RRFSO.
16. Section 21 of Part 2, paragraph (2)(b) of the RRFSO.
17. Section 13 of Part 2, paragraphs (3)(a) and (3)(b) of the RRFSO.
18. Section 14 of Part 2 of the RRFSO.
19. Section 14 of Part 2, paragraph (2)(h) of the RRFSO.
20. Section 13 of Part 2, paragraph (1)(b) of the RRFSO.
21. Section 14 of Part 2, paragraph (2)(g) of the RRFSO.
22. Sections 19 and 20 of the RRFSO.
23. The offences are laid down in section 32 of the RRFSO.
24. Section 32 of Part 4, paragraph (3)(b) of the RRFSO.