Fire Safety Order

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Fire Safety Law

Fire Risk Assessment FAQs

Follow the questions below and read our jargon free explanation of the Fire Safety Order 2005.

What is this new fire law?

Its full and correct title is the Regulatory Reform (Fire Safety) Order 2005, commonly known as the Fire Safety Order (FSO). It has replaced over 100 existing areas of fire safety legislation. Nearly all fire safety related laws are now contained within one single Order. The FSO came into force on the 1st of October 2006.

Will it affect my business premises or me?

Very likely, as the FSO applies to virtually all premises apart from private dwellings such as your home and certain other special premises. If you have some control over a premises e.g. employer, owner, managing agent, landlord or occupier you may be designated as a “responsible person” under the FSO for fire safety matters within and in the vicinity of the premises.

What will I have to do?

The main requirement is to carry out a fire risk assessment of your premises and act on the findings. If you employ 5 or more persons the significant findings MUST be recorded. If you employ less than 5 persons it is still recommended to conducted an assessment and record the findings so that in the event of a fire due diligence can be demonstrated.

What Is a Fire Risk Assessment?

A fire risk assessment is a systematic evaluation of the premises identifying hazards, or potential hazards and determining the likelihood (risk) that such hazards will cause harm. The assessment must be constantly reviewed and adjusted if necessary to meet any changing circumstances.

Is the Assessment a One Off Procedure?

No. The fire risk assessment should be reviewed on a regular basis, however no specific time scale is given within the Order. It states that the assessment should be “reviewed regularly and kept up to date…..particularly if there is reason to suspect that it is no longer valid or there have been significant changes in the matters to which it relates” (Article 9 (3) of the Fire safety Order)

We recommend that a review is conducted at least every 12 months this is normally a percentage of the fees charged for the original assessment conducted in year 1.

Why Should My Business Have A Fire Risk Assessment?

Ignorance of Fire Safety Law will be of no defence. Employers and responsible persons have an unconditional responsibility for the safety of employees, visitors and fire safety precautions within their premises.

Our expertise provides our clients with the security of knowing that due diligence has been demonstrated and that imprisonment or prosecution is unlikely. A fire risk assessment could be the difference between your business success and failure.

I have a fire certificate... will that be enough?

No. Fire certificates and the Fire Precautions Act 1971 have been be repealed as of the 1st of October 2006 and now have no legal status. However, the information and plans may provide assistance in completing the Fire Risk Assessment.

Can anyone conduct my Fire Risk Assessment?

No. The FSO states that a competent person, that has had suitable training and possess sufficient knowledge to perform this function, must conduct the Fire Risk Assessment. The Fire Service will not conduct your fire risk assessment for you.

What happens if I don't comply with the FSO or conduct a Fire Risk Assessment?

The Fire and Rescue Authority are the enforcing authority for the FSO for most premises. The fire safety officer will expect to see a copy of your Fire Risk Assessment when he/she audits your premises. Failure to comply with any requirement of the FSO could result in an enforcement notice being served, personal prosecution of the responsible person or even imprisonment. Some Fire Authorities will maintain a register of premises that they have served enforcement notices on or taken prosecution action against. This register will be available to the public and other agencies which may impact on your customer base. Non compliance with the Order may also invalidate your building insurance.

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