As opposed to the previously prescriptive legislation, where the local Fire Service informed landlords of what fire precautions were required, the RRO endorses a risk based approach. This puts the responsibility for fire safety firmly with the “responsible person” The responsible person may be the owner, occupier or employer. This is the person who owns the premises or business or the person with control over the premises, business or activity. Where two or more responsible persons share responsibility, (e.g. tenant / landlord, multiple tenancy building or adjacent premises) the responsible persons must cooperate, share information and collaborate to provide measures.
The RRO requires the responsible person to carry out a fire risk assessment of their premises where 5 or more people are employed and to take suitable steps to remove or reduce hazards as far as possible. It also requires the responsible person to ensure the safety of all the people he/she is either directly or indirectly responsible for and appoint competent persons who have specified duties for fire safety within the workplace.
The responsible person is required to ensure that each premises has a dedicated written fire risk assessment. The fire risk assessment needs to be carried out at least annually - or sooner if there is either a material change to the building (such as an extension or conversion) or if a fire related incident should occur.
The main fire safety measures that the Responsible Person will be accountable for are:
- Measures to reduce the risk of fire occurring and fire spreading
- Detection and warning in case of fire
- Provision and protection of means of escape
- Maintenance of facilities equipment and devices to safeguard human safety
- Consideration of dangerous substances
- Action to be taken in the event of a fire
- Organising staff training in fire safety including use of fire fighting equipment
- Providing information to employees including sharing findings of the fire risk assessment
Due Diligence & Your Responsibility
To carry out a fire risk assessment the responsible person must possess an understanding, not just of the fire risk assessment process, but how fires start and spread and products of combustion – plus a good understanding of the workplace and its procedures is essential.
The local Fire and Rescue services are responsible for enforcing the RRO, but are also on hand to provide help, support and advice where required - however they are not responsible for implementing a fire risk assessment or taking the necessary steps for legal compliance.
What Will Happen if I Don't Have a Fire Risk Assessment?
Your business has to have a fire risk assessment by law; the punishment for not having one is severe BUT far worse, by not having one you are putting everyone in your business at risk. And if that isn’t enough it would be very doubtful that your insurance would pay out in the event of a fire. The consequences of that are unthinkable.
