CHANGES TO FIRE SAFETY LAW: ABOUT THE REFORMS
As part of the Government's commitment to reduce death, injury and
damage caused by fire, the Department for Communities and Local
Government (DCLG) is reviewing fire safety law; and is making a number
of changes which are designed to make the law easier to understand and
comply with.
These changes form the Regulatory Reform (Fire Safety)
Order (RRFSO).
The changes set out in the RRFSO will apply to non-domestic
premises only.
Until the RRFSO becomes the new law in October 2006, the
current
fire safety regulations must be complied with.
What is a Regulatory Reform Order?
The Regulatory Reform Act 2001 gives Ministers the power, by order,
to reform legislation which 'has the effect of imposing burdens
affecting persons in the carrying on of any activity'.
Such orders are known as Regulatory Reform Orders.
Before a Minister may make a Regulatory Reform Order, he or she
must take the following three steps:
- consult widely with those affected by the proposals
- lay before Parliament a proposal for an order, together with an
explanatory statement, and allow time for Parliamentary
consideration
- lay before Parliament, and obtain Parliament's approval of, a
draft order.
Only once all these steps have been successfully completed may the
order become law.
The Regulatory Reform (Fire Safety) Order (RRFSO)
The Regulatory Reform (Fire Safety) Order 2005 was
approved by Parliament on 7 June 2005, and will become law on 1
October 2006.
The consultation paper on which the Order is based can be found
below.
You will also find links on the right hand side of this page to
relevant news releases.
What does this mean for me?
The main effect of the changes will be a move towards greater
emphasis on fire prevention in all non-domestic premises, including
the voluntary sector and self-employed people with premises separate
from their homes.
Fire certificates will be abolished and will cease to have legal
status.
The Fire Safety Order will apply in England and Wales. (Northern
Ireland and Scotland will have their own laws.) 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'. The Order requires fire precautions to be put in place
"where necessary" and to the extent that it is reasonable and
practicable in the circumstances of the case.
Responsibility for complying with the Fire Safety Order will rest
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, all must take all
reasonable steps to work with each other.
If you are the responsible person you will have to carry out a fire
risk assessment which must focus on the safety in case of fire of all
'relevant persons'. It should pay particular attention to those at
special risk, such as the disabled and those with special needs, and
must include consideration of any dangerous substance likely to be on
the premises. Your fire risk assessment will help you identify risks
that can be removed or reduced and to decide the nature and extent of
the general fire precautions you need to take to protect people
against the fire risks that remain.
If you employ five or more people you must record
the significant findings of the assessment.
Further help and information
A
series of guides will be produced in order to assist those
preparing fire risk assessments; these will give detailed information
on risk assessments and other issues.
The following is a list of the eleven planned RRO guides:
- Offices and Shops
- Premises providing Sleeping Accommodation
- Residential Care
- Small and Medium Places of Assembly
- Large Places of Assembly
- Factories and Warehouses
- Theatres and Cinemas
- Educational Premises
- Healthcare Premises (responsibility of the Department of Health)
- Transport Premises and Facilities
- Open Air Events
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