fire safety order 2005

Fire Safety Order 2005

The legislation

The Regulatory Reform (Fire Safety) Order 2005 (FSO 2005) came into force on 1 October 2006, replacing most existing general fire safety legislation in England and Wales. The FSO 2005 deals with fire precautions and other fire duties required to protect people in the event of a fire.

The FSO 2005 covers non-domestic premises, which includes offices, shops, residential care homes, theatres, hotels and other sleeping accommodation, educational premises and the like. It should be noted that Fire Certificates issued under the Fire Preventions Act do not have any legal status.

Implications

Compliance with the FSO 2005 rest with the "Responsible Person" as defined by the regulations.

The "Responsible Person" may be an individual and/or business in control of non-domestic premises as described below:

• An employer responsible for business premises
• A person self-employed with a business premises
• An individual or organisation responsible for business premises
• A charity or voluntary organisation with a business premises
• A contractor with significant control over any premises

Under the FSO 2005, the "Responsible Person" is tasked by the new legislation to undertake Fire Risk Assessments and take general fire safety precautions to ensure the safety of building occupants and other who may be affected by the risk of a fire.

Duty Holders' Responsible Person

Under the FSO 2005, the "Responsible Person" is ultimately responsible for ensuring compliance.

A "Responsible Person" may appoint one or more "Competent Persons" to assist in undertaking duties required to achieve compliance.

In accordance with the legislation, a person is regarded as competent where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures.

Enforcement Authorities

The enforcing authority for most premises would be the fire and rescue authority for the area in which the premises is situated. Depending on the type of premises, the following authorities would be responsible for enforcing the FSO 2005:

• The Health and Safety Executive: Premises, including construction sites.
• Local Authority: Premises to include Sports Grounds or Stadium.
• Fire service maintained by the Secretary of State for Defence: Premises occupied solely for the purposes of the armed forces of the Crown.
• Fire inspector, or any person authorised by the Secretary of State to act for the purposes of this Order: Premises owned or occupied by the Crown.

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