What is the Regulatory Reform (Fire Safety) Order 2005?
It is a consolidation of almost all existing fire safety legislation
relating to all businesses and licensed properties.
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Who will it affect?
Mainly employers, property users and building owners but it could be
anyone who has some control over premises.
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What will I have to do?
Ensure a Fire Risk Assessment on your premises is carried out and
documented by a Competent person* and act on the findings.
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I think I am
covered as I have a fire certificate - will this be enough?
No, you are not covered. Fire certificates are no longer valid under
the new legislation. You must have a Fire Risk Assessment.
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If I do a
Fire Risk Assessment might I have to improve my fire precautions and
might this cost me more money?
Possibly yes, however if you are already fully complying with existing
legislation then it should be fairly simple. If you have not kept your
fire precautions up to date there may be some additional areas to look at.
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What is the worst that could happen if I don’t do a Fire Risk
Assessment?
If you do not meet the requirements of the Regulatory Reform (Fire
Safety) Order, the fire authority can issue a formal notice to prevent all
or part of your premises being used. You could face two years in prison
and also a heavy fine as well as carrying the moral burden of not
appearing to care about your staff, customers and other visitors. This is
in addition to having your business or building possibly closed down but
certainly its effectiveness seriously compromised. In the event of a
fire at your premises, it is quite possible that your insurance
company may dispute making payment if you haven’t got your risk
assessment and acted on the information in it.
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Who will inspect my
premises?
Normally the Fire and Rescue Services will inspect you particularly in
higher risk premises. In some cases it will be the Health & Safety
Executive, MoD or local authority environmental health departments will
administer the order.However the Fire and Rescue Service cannot carry out
your fire risk assessment for you. This has to be done by a competent
person* in accordance with the Order.
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How often should I do a risk
assessment?
You should keep your fire risk assessment under regular review as risks
may change over time. If you make changes to your premises, you should
ensure your risk assessment remains current.
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What happens if I share my premises with others?
If you share a building with others, you will need to co-ordinate your
risk management plan with them.
If your plan changes as a result of a review or changes you made to
your premises over time, you will need to share the revised risk
assessment plan with others who share the premises.
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What is a competent
person under the Order?
The term 'competent person' is contained within three articles of the
Order. These deal with fire fighting and fire detection; procedures for
serious and imminent danger and for danger areas; and safety assistance.
In each case the term is explained as referring to a person who '… has
sufficient training and experience or knowledge and other qualities …' to
implement the requirements of the article.
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Why can’t I do it myself?
You can, but only if you have the time and expertise (as above) to do
it. But for an untrained person a fire risk assessment can be time
consuming and might not meet legal requirements.
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