The primary fire safety law that applies in the England and Wales is the Regulatory Reform (Fire Safety) Order 2005.
What is the Regulatory Reform (Fire Safety) Order 2005?
The Regulatory Reform (Fire Safety) Order 2005, often referred to as the Fire Safety Order, is the primary fire safety legislation in England and Wales. It consolidates previous fire safety laws and sets out the responsibilities for businesses to ensure fire safety within their premises. The Order aims to reduce the risk of fires and protect lives.
Who does the Fire Safety Order apply to?
The Fire Safety Order applies to all workplaces, so if your business operates from any premises (such as shops, offices, warehouses, or guest accommodation) the Fire safety Order applies to you.
What Are Your Duties Under the Fire Safety Order?
As a business owner, you are considered the "Responsible Person" under the Fire Safety Order. This means you have specific duties to ensure fire safety on your premises, including:
• Conducting a Fire Risk Assessment
Regularly assess your premises to identify fire hazards and evaluate the risks. This can be done either by yourself or a competent person.
Document your findings and keep the assessment up to date, especially after any significant changes to your premises or operations.
• Implementing Fire Safety Measures
Put in place fire prevention measures to reduce the risk of fire starting.
Install and maintain fire safety equipment, such as fire extinguishers, alarms, emergency lighting, and fire doors.
Ensure that fire exits and escape routes are clearly marked, unobstructed, and easily accessible.
Creating an Emergency Plan
Develop an emergency plan detailing evacuation procedures in case of fire.
Make sure all staff and occupants are aware of the plan, and conduct regular fire drills.
Providing Fire Safety Training
Train employees on fire safety, including how to use fire equipment and what to do in an emergency.
Update training regularly, especially if there are new risks or changes in your business.
Maintaining Fire Safety Equipment
Regularly check and maintain fire safety equipment to ensure it is in good working order.
Keep records of maintenance activities, such as servicing of fire alarms and extinguishers.
Penalties for Non-Compliance - Who enforces the Fire Safety Order?
Your local fire and rescue service is the enforcing authority for the Fire Safety Order and will provide advice and guidance to help you comply with it but we will, if needed, that the necessary action to ensure a business meets complies with the fire Safety Order.
What happens if you fail to meet the requirements of the fire Safety Order?
Failing to comply with the Regulatory Reform (Fire Safety) Order 2005 can have serious consequences, including:
• Enforcement Notices
If an inspection identifies non-compliance, you may receive an enforcement notice requiring you to make improvements by a specified date.
• Prohibition Notices
In severe cases where there is an immediate risk to safety, the enforcing authority may issue a prohibition notice, restricting or stopping the use of all or part of your premises.
• Fines and Prosecution
Non-compliance may result in unlimited fines. For serious breaches, penalties can be unlimited.
In extreme cases, individuals responsible for fire safety breaches may face imprisonment for up to two years.
• Business Disruption
Failing to comply may also lead to business closures, increased insurance premiums, and reputational damage.
• Why does Compliance Matter?
Complying with the Fire Safety Order is not just about avoiding penalties; it’s about ensuring the safety of your employees, customers, and property. By fulfilling your fire safety responsibilities, you protect lives, minimise the risk of business disruption, and contribute to a safer community.
Remember, over 90% of businesses that have a fire, never reopen for business.
Making sure your business, employees and customers are safeguarded from fire does not have to be complicated or expensive. Take time to read the information contained in these pages to help you comply with the Fire Safety Order.
Stay compliant, stay safe.
Further Information
- Enforcement and sanctions for non-compliance:
Fire Safety Order: enforcement and sanctions for non-compliance - GOV.UK (www.gov.uk) - Regulatory Reform (Fire Safety) Order 2005:
The Regulatory Reform (Fire Safety) Order 2005 (legislation.gov.uk)