Help and Advice

Fire Risk and the Law, are you compliant?
The new Fire Safety Law was introduced on 1st October 2006 making it mandatory for most premises to have an adequate Fire Risk Assessment.
Failure to do so could result in legal proceedings and also possibly jeopardize your insurance cover.

In the midst of running your business there is little time to become fully aware of all changes in legislation that can impact on your organization. The new Fire Safety Order, like most legislation, is shrouded in legal terms, definitions and requirements which need unpacking to allow you to take the most appropriate decisions to protect your workforce and business.

Whilst it is impossible to cover every aspect of the order within a short article, Wales & West Fire & Security Limited highlights the main general points together with the implications of non-compliance.

Mandatory Fire Safety
The government introduced the Regulatory Reform (Fire Safety) Order 2005 on 1st October 2006 this applies to England & Wales and replaces previous fire safety legislation. It covers ‘general fire precautions’ and other fire safety duties which are needed to protect ‘relevant persons’ in case of fire in and around most ‘premises’.

Why is it Important?
It is important, because over 75% of all business suffering a fire never recovers and it is now an offence not to have an adequate fire risk assessment for your premises. If you are unfortunate and have a fire this could not only result in the loss of your business but may also incur legal action from employees, the enforcing authority or members of the public who have access to your premises.

Your Responsibility
Responsibility for complying with the Fire Safety Order rests with the ‘responsible person’. In a workplace, this is the employer and any other person who may have control of any part of the premises, e.g. the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one ‘responsible person’ in any type of premises, they must take all reasonable steps to work with each other.

Fire Risk Assessments
A Fire Risk Assessment should not be seen as a tick box exercise and the management of fire safety measures should become part of your organization’s core daily business activity with the aim of making all people within the building aware of their role to ensure the optimum protection for the occupants and the property.

A Fire Risk Assessment must be undertaken by a ‘competent person’ with appropriate training, experience or knowledge on how to identify and reduce the potential fire risks within their premises and develop a fire strategy and action plan to address the relevant issues.

If five or more people are employed; if the premises are licensed; or if an ‘alterations notice’ is in force, the significant findings of the assessment must be recorded.

Summary
The need to undertake a fire risk assessment is compulsory for most premises within England and Wales, and if five or more persons are employed that assessment must be in writing.

The fire risk assessment should not be seen as a one off tick box exercise with the report being pulled from a filing cabinet once a year. The fire safety prevention measures and fire strategy should become part of the core daily business activity and everyone in the premises should fully understand their role in the fire safety strategy.

Wales & West Fire & Security can provide advice and an Independent Fire Risk Assessment carried out by a fully Qualified Independent Consultant.