The Regulatory Reform (Fire Safety) Order 2005 was implemented on 1st October 2006. The goverment should have issued information to all business properties in England and Wales. The main thrust of this order is the need to carry out a fire risk assessment.

The need to regularly assess the fire risk of a workplace has been required for some time. The Fire Precautions (Workplace) Regulations 1997 (ammended 1999) places responsilbility on the employer to ensure that the fire precautions are adequate for their particular workplace. Furthermore, an increasingly litigious society is demanding that people take responsibility for their actions, so the provisions of the RRO are just another step in this trend.

The delay in the consolidation of over 30 years of legislation should not have made much difference. Other, almost unstoppable, forces are at work, changing our previously prescriptive, top down, approach to one where everyone becomes responsible for wider fire safety considerations.

Visit the links page of our site if you require to download and print a copy of the RRO.

Below are some of the important points of the new Order.

Article 6.

6.- (1) This order does not apply in relation to -

(a) domestic premises, except to the extent mentioned in article 31(10);

(b) an offshore installation within the meaning of regulation 3 of the Ofshore Installation and Pipeline Works (Management and Administration) Regulations 1995

(c) a ship, in respect of the normal ship-board activities of the ship's crew which are carried outsolely by the crew under the direction of the master;

(d) fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking's main buildings;

(e) an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or for a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 or for a vehicle exempted from duty under that Act;

(f) a mine within the meaning of section 180 of the Mines and Quarries Act 1954, other than any building on the surface at a mine;

(g) a borehole site to which the Borehole Sites and Operations Regulations 1995 apply.

(2) Subject to the preceding paragraph of this article, this order applies in relation to any premises

Who is the responsible person with regard to the Regulatory Reform (Fire Safety) Order 2005? This is the meaning described within the Order.

Article 3.

3. In this order 'responsible person' means-

    (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.

This basically means the business owner is responsible for fire safety and not the landlord, unless he is the business owner.

Article 8

Duty to take general fire precautions

8. -(1) The responsible person must-

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

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

Article 9

Risk assessment

9. - (1) The responsible person must make a suitable and sufficient assessment of the risks to which relevent persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.

   (2) Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters set out in Part 1 of Schedule 1.

   (3) Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if -

     (a) there is reason to suspect that it is no longer valid; or

     (b) there has been a significant change in the matters to which it relatesincluding when the premises, special, technical and organisational measures, or organisation of the works undergo significant changes, extentions, or conversions,

and where changes to an assessment are required as a result of any such review, the responsible person must make them.

   (4) The responsible person must not employ a young person unless he has, in relation to risks to young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).

   (5) In making or reviewing the assessment, the responsible person who employs or is to employ a young person must take particular account of the matters set out in Part 2 of Schedule 1.

   (6) As soon as practicable after the assessment is made or reviewed, the responsible person must record the information prescribed by paragraph (7) where -

        (a) he employs 5 or more employees;

        (b) a licence under an enactment is in force in relation to the premises; or

        (c) an alterations notice requireing this is in force in relation to the premises.

   (7) The prescribed information is -

        (a) the significant findings of the assessment, including the measures which have been or will be taken by the responsible person pursuant to this Order; and

        (b) any group of persons identified by the assessment as being especially at risk.

   (8) No new work activity involving a dangerous substance may commence unless -

        (a) the risk assessment has been made; and

        (b) the measures required by or under this Order have been implemented

Article 13.

13. - (1) Where necessary (whether due to the features of the premises, the activity carried out there, any hazard present or any other relevent circumstances) in order to safeguard the safety of relevent persons, the responsible person must ensure that -

        (a) the premises are, to the extent that it is appropriate, equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and

        (b) any non-automatic fire fighting equipment so provided is accessible, simple to use and indicated by signs.

   (2) For the purpose of paragraph (1) what is appropriate is to be determined having regard to the dimensions and use of the premises, the equipment contained on the premises, the physical and chemical properties of the substances likely to be present and the maximum number of persons who may be present at any one time.

   (3) the nominated person must, where necessary -

        (a) take measures for fire-fighting in the premises, adapted to the nature of the activities carried on there and the size of the undertaking and of the premises concerned;

        (b) nominate competent persons to implement those measures and ensure that the number of such persons, their training and the equipment available to them are adequate, taking into account the size of, and the specific hazards involved in, the premises concerned; and

        (c) arrange any necessary contacts with external emergency services, particularly as regards fire-fighting, rescue work, first aid and emergency medical care.

   (4) A person is be regarded as competent for the purposes of paragraph (3)(b) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the measures referred to in that paragraph

Article 17.

17. - (1) Where necessary in order to safeguard the safety of relevent persons the responsible person must ensure that the premises and facilities, equipment and devices providedin respect of the premises under this Order or, subject to paragraph (6), under any other enactment, including and enactment repealed or revoked by this Order, are subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair.

   (2) Where the premises form part of a building, the responsible person may make arrangements with the occupier of any other premises forming part of the building for the purpose of ensuring that the requirements of paragraph (1) are met.

   (3) Paragraph (2) applies even if the other premises are not premises to which this Order applies.

   (4) The occupier of the other premises must co-operate with the responsible person for the purposes of paragraph (2).

   (5) Where the occupier of the other premises is not also the owner of those premises, the reference to the occupier in paragraphs (2) and (4) are to be taken to be references to both the occupier and the owner.

   (6) Paragraph (1) only applies to facilities, equipment and devices provided under other enactments where they are provided in connection with general fire precautions.

Article 32.

32. - (1) It is an offence for any responsible person or any other person mentioned in article 5(3) to -

        (a) fail to comply with any requirement or prohibition imposed by articles 8 to 22 and 38 (fire safety duties) where that failure places one or more relevent persons at risk of death or serious injury in case of fire;

        (c) fail to comply with any requirement imposed by article 29(3) or (4) (alterations notices);

        (d) fail to comply with any requirement imposed by an enforcement notice;

   (3) Anyperson guilty of an offence under paragraph (1)(a) to (d) and (2)(h) is liable -

        (a) on summary conviction to a fine not exceeding the statutory maximum; or

        (b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or to both.

Article 33.

33. Subject to article 31(11), in any proceedings for an offence under this Order, except for failure to comply with articles 8(1)(a) or 12, it is a defence for the person charged to prove that he took all reasonable precautions and exercised all due dilligence to avoid the commission of such an offence.