On October 1st 2006 the Fire (Scotland) Act 2005 as amended and the Regulatory Reform (Fire Safety) Order for England and Wales came into force. This repealed previous fire safety legislation and place a duty on employers, employees, managers, owners and others in relation to fire safety.

WHAT THE LAW REQUIRES

The legal duty imposed by the legislation seeks to achieve safety in the event of fire and can be considered in terms of seven general requirements:

1. Carrying out a fire safety risk assessment of the premises;
2. Identifying the fire safety measures necessary as a result of the fire safety risk assessment outcome;
3. Implementing these fire safety measures using risk reduction principles;
4. Putting in place fire safety arrangements for the ongoing control and review of the fire safety measures;
5. Complying additionally with the specific requirements of the fire safety regulations;
6. Keeping the fire safety risk assessment and outcome under review; and
7. Record keeping.

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WHO MUST COMPLY?

The responsibility for complying with these fire safety duties sits with the employer and other persons who have control of the premises to any extent, such as tenants, contractors and volunteers working on site may also have some responsibilities. Employers are required to ensure the safety of employees so far as is reasonably practicable. This means that the sacrifice in terms of time, effort, expense and any other disadvantages associated with the provision of fire safety measures should be weighed against the magnitude of the fire risk if they were not taken.
All other persons with fire safety responsibilities in respect of the premises are required to take all reasonable measures regarding the safety of persons in, or in the immediate vicinity of the premises. Where premises or responsibilities are shared, each employer, owner or other person who has control over any part of the premises is required to co-operate and co-ordinate in respect of complying with fire safety law and to inform each other of risks.

WHO ENFORCES THE FIRE SAFETY LAW?

The Fire and Rescue Authority or Joint Fire and Rescue Board for the area will be the enforcing authority in respect of the majority of premises. If the enforcing authority is dissatisfied with the outcome of the fire safety risk assessment or the action taken, or the fire safety measures in place, it has the power to take action which could be:

• Informal action.
• Formal enforcement action which could result in the issue of an enforcement notice that requires specified action to be taken.
• In extreme cases, a prohibition notice may be issued that restricts the use of all or part of the premises until specified matters are remedied.
• Reporting the matter for prosecution. Failure to comply with a notice issued by the enforcing authority or placing persons at risk by failing to carry out any duty imposed by fire safety law is an offence.