What is the Regulatory Reform (Fire Safety) Order 2005?
The government is bringing about better regulation by regulating only where necessary and in a manner that is more suited to the needs of modern business and commerce.
The Order, made under the Regulatory Reform Act 2001 replaces many of the references to fire safety in other legislation such as the Fire Precautions Act, Licensing Act and Housing Acts with a simple, single Order. It requires any person who exercises some level of control in premises to take reasonable steps to reduce the risk from fire and ensure occupants can safely escape if a fire does occur.
In such premises achieving fire safety is often a matter of common sense but you will have to ensure that sufficient time is put aside to work through the necessary steps. In more complicated premises or those with a high life risk more expert help may be required.
Where does it apply?
The Order applies to virtually all premises and covers nearly every type of building, structure and open space.
For example:
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Offices and shops
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Premises that provide care
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Community halls
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The common areas of houses in multiple occupation including common fire warning systems etc.
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Pubs, clubs and restaurants
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Schools
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Tents and marquees
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Hotels and hostels
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Factories and warehouses
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Open Air events and Venues
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Large Places Of Assembly
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Healthcare Premises
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Transport Premises and Facilities
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Animal premises and Stables
But excluding:
What are the main requirements of the Order?
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The responsible person is required to:
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Carry out or nominate someone to carry out a fire risk assessment identifying the risks and hazards.
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Consider who may be especially at risk.
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Eliminate or reduce the risk from fire as far as is reasonably practical and provide general fire precautions to deal with any residual risk.
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Take additional measures to ensure fire safety where flammable or explosive materials are used or stored.
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Create a plan to deal with any emergency and, in most cases, document your findings.
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Review the findings on a regular basis.
How do I comply with the Order?
If you are the responsible person you must ensure a fire risk assessment is carried out although you can delegate this task to somebody else. However you will still remain responsible, in law, for complying with the Order.
The responsible person, either on their own or in co-operation with any other responsible person must as far as is reasonably practical, ensure that everyone on the premises can escape safely in the event of a fire.
This differs from previous legislation in that there is no longer any distinction made between people who are employees, for example in a place of work and members of the public at an open air entertainment venue. It includes people who may have a disability or anyone who may need special assistance.
Fire certificates will no longer be issued and those previously in force will have no legal status (however, they may be used as a good starting point for a fire risk assessment). The Order requires that the responsible person takes ownership of the management of any risk in their premises.
If your premises have been designed and built, and are being used in accordance with modern Building Regulations then your structural fire precautions should be acceptable. You will still need to carry out a fire risk assessment and ensure that your risk reduction, fire precautions and maintenance routines are sustained.
Enforcement of the Order
Fire authorities will be the primary enforcing agency for all fire safety legislation in non-domestic premises, regardless of use. They will target their resources and inspections at those premises that present the highest risk. All fire authorities will continue to address complaints about fire safety, undertake post fire investigations where poor fire safety matters are discovered and may carry out targeted or sampling inspections.
Where breaches of the Order occur the fire authority will provide practical advice or, where the risk is serious, formal notices. Except in the most serious cases, the fire authority will work in partnership with the responsible person in order to achieve a satisfactory level of fire safety.
Where there is a very serious life risk the fire authority is able to issue a notice preventing the premises being used for certain things, (such as sleeping) or prohibiting all or part of the premises being used at all.
In all cases there will be a right of appeal, both informally and formally. An informal appeal, normally to a more experienced fire safety manager, can sometimes identify a different method of complying with the Order. If this is unsuccessful, you can appeal formally to a Magistrate. There will also be the opportunity to agree to go to an informal tribunal to agree a remedy where a notice relates to technical issues.
Your legal obligations
As the nominated "responsible person", you will need to carry out a number of steps to ensure that your premises is fully compliant with the Regulatory Reform (Fire Safety) Order 2005.
Once you've identified where you may be particularly vulnerable (rubbish piled up, flat roofs next to your premises and so on), work out an action plan to help ensure your business will be safe from arson.
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Legislation 
