Fire: the latest regulatory reforms

On 1 October, new fire safety regulations came into force. The emphasis of the new Regulatory Reform (Fire Safety) Order 2005 is on risk reduction and prevention, rather than fire precaution. It repeals existing fire safety legislation and applies to all workplaces and to all communal areas of multi-occupied domestic premises. Brokers, as building owners or occupiers, should be aware of this Order and ensure they, and their clients, comply with its requirements.

Under the new Order, fire certificates will no longer be valid and fire authorities will not be available to provide advice on fire safety and precautions.

Responsibility for complying with the Order's duties rests with the "responsible person", who is defined as the employer in relation to workplaces, the person in control of the premises where this is not a workplace, or the owner of the premises.

Their main duties include the following: to assess the fire risks and identify the general fire precautions required; to review the fire risk assessment regularly; to take general fire precautions identified by the risk assessment and ensure that they are maintained; to provide fire information and training to employees on fire safety measures.

Fire authorities will enforce the order. Inspectors will have the right to enter premises to inspect them and to request information, such as copies of risk assessments, as required to be kept by the responsible person.

The fire authorities will operate a risk based system of enforcement. Each enforcement authority has produced an integrated risk management plan. Inspections form part of the plan and properties with the highest risk will be inspected first.

They can issue three types of penalty notice: an enforcement notice, for failing to comply with the Order. This will identify the action to be taken; an alterations notice, for premises that pose or could pose a serious risk if alterations were made or the use was changed. Fire Authorities must be notified of proposed changes; and a prohibition notice, which prohibits or restricts the use of premises until premises have been made safe.

The Order provides for a right of appeal. Failure to comply will be an offence, with a maximum penalty of £5000 in the Magistrates Court and an unlimited fine or two years' imprisonment if the matter is referred to the Crown Court.

In well managed premises, where the responsibility for fire safety is clearly set out in occupational leases, those involved may feel that there is little need for change. However it will be important to consider whether the legislation imposes a duty in relation to premises that may not have previously been the subject of risk assessments in relation to fire.

- Sally Roff, Safety, health and environment group partner, Beachcroft LLP.