Legislation explained

Greater Manchester firefighters tackle a blaze at an industrial unit

Regulatory Reform (Fire Safety) Order 2005

Each year, over 40 people die and 2,000 are seriously injured as a result of fire in the workplace. Besides the tragic loss of life, it can be the end for small businesses as 75% of companies that have a fire in their first year of trading never trade again.

The Regulatory Reform (Fire Safety) Order 2005 became law on 1st October 2006 as part of the Government’s commitment to reduce fire deaths and the damage caused by fire. 

Who does the legislation apply to?

• Anyone reponsible for a business premises.
• An employer or a self-employed.
• A charitable or voluntary organisation.
• A contractor with a responsibility for any premises, or maintenance of any premises, whether their premises or not.

The legislation does not apply to private homes, including individual flats in a block or house.

What do I have to do?

• Carry out a fire risk assessment identifying possible dangers and risks;
• Consider who may be at risk.
• Eliminate or reduce the risk from fire as far as is reasonably possible and provide general fire precautions to deal with any possible risk left.
• Take other measures necessary to make sure there is protection where flammable or explosive materials are used or stored.
• Create a plan to deal with any emergency and, in most cases, keep a record of the findings.

How do I carry out a fire risk assessment?
For a simple step-by-step guide to carrying out a fire risk assessment you can download a short guide to making your premises safe from fire (PDF)

A set of detailed guides which explain what you have to do to comply with fire safety legislation and how to carry out a risk assessment and identify the general fire precautions you need to have in place are also available from www.communities.gov.uk/fire/firesafety/firesafetylaw/

Do I need a fire certificate?
Fire certificates are no longer valid. However, a fire certificate is a good starting point for your fire risk assessment.

Our enforcing role
The Fire and Rescue Authority is the enforcing authority for general fire precautions within licensed and registered premises. Licensing or registration authorities are no longer able to impose conditions on premises that relate to general fire precautions.

The Fire and Rescue Authority will inspect premises and also undertake audits of fire risk assessments to enforce the requirements of the Fire Safety Order.

All inspection and audit work is undertaken in accordance with the principles of good enforcement laid down in the Government enforcement concordat.

We will target our work at those premises that are deemed to present to greatest risk to people and the community. Generally these are businesses that operate from poorly constructed buildings, poorly manage their premises or have poor fire prevention and protection measures.  Some premises will be targeted because they are inherently higher risk such as a basement night club.