Home » Frequently Asked Questions

Frequently Asked Questions

How safe are your employees and your business from the risk of fire?

Follow the questions below and read our jargon free explanation of what and how fire safety law affects you and your business.

1. What fire law applies to my business premises?

The Fire Safety Order affects all non-domestic premises in England and Wales. Its full and correct title is the Regulatory Reform (Fire Safety) Order 2005, commonly known as the Fire Safety Order (FSO). The Fire Safety Order came into force over three years ago on 1st of October 2006 and replaced over 100 areas of existing fire safety legislation. Almost all fire safety related laws are now contained within this one single Order.

2. Who does it affect?

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 Fire Safety Order for fire safety matters within and in the vicinity of the premises. Responsibility for complying with the Order rests with the ‘responsible person’.

In a workplace the ‘responsible person’ is more than likely the employer or any other person who may have control of any part of the premises, e.g. the occupier or owner. If there is more than one responsible person in any type of premises (e.g. a multi-occupied complex), each must take all reasonable steps to co-operate and co-ordinate with each other.

3. Where does the Fire Safety Order legislation apply?

The Fire Safety Order applies to virtually all premises and covers nearly every type of building and structure, for example:

• offices and shops,
• factories, warehouses and other industrial premises,
• premises that provide care, such as residential and nursing homes,
• community halls, places of worship and the like,
• common areas of flats and Houses in Multiple Occupation (HMO’s),
• pubs, clubs and restaurants,
• schools and other educational establishments,
• hotels, guest houses, bed and breakfast premises

The Fire Safety Order excludes domestic premises occupied by a single family group.

Guidance for each type of building can be found on the Communities and Local Government website www.communities.gov.uk

4. What do I have to do?

Significantly, carry out a fire risk assessment and act on any findings reported. A fire risk assessment will help you identify risks that can be reduced and to decide the nature of the general fire precautions you need to take to protect people against the fire risks that remain. If you employ five or more people you must record your risk assessment and any significant findings.

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 an audit by the Fire Authority, due diligence can be demonstrated by a written record.

5. What Is a Fire Risk Assessment?

A fire risk assessment is an evaluation of the premises identifying hazards, or potential hazards and determining the likelihood (risk) that such hazards will cause harm.

Employers and self-employed people must carry out, or appoint a competent person to carry out a suitable and sufficient fire risk assessment of the risks of fire to their employees and others who may be affected by their work or business.

Employers and the self employed are expected to take reasonable steps to help themselves identify fire risks, e.g. by looking at appropriate sources of information such as legislation, and codes of practice or by reference to a competent individual.

For small premises presenting a few hazards with common sense risk controls, within simple a fire risk assessment, can be a straightforward process.

For medium sized premises, such as those building with more than the ground floor, or having more than one staircase or multiple exits, the fire risk assessment will need to be more detailed. Some areas of the assessment may require specialist advice such as in a particularly complicated building.

Large and complex premises will require the most developed and sophisticated fire risk assessments particularly where fire engineering designs have been developed to overcome difficult fire safety issues. Any fire risk assessment should be suitable and sufficient in the opinion of the Fire Authority.

Fire risk assessments must also consider all those who might be affected by the undertaking whether they are employees or others such as contractors working on site or members of the public. Particularly attention should be given to those individuals who are especially vulnerable, such as young persons, the elderly or those with disabilities.

6. Why should my business have a Fire Risk Assessment?

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

Excell Fire Safety Services’ expertise provides clients with the security of knowing that, due diligence has been demonstrated by you. On your request, we can liaise and discuss with the Fire Authority our assessment regime and process, helping to ensure that any enforcement action by the Fire Authority is unlikely.

7. I have a fire certificate...is that be enough?

No. When the Certificate was issued it reflected the fire safety standards of the day. The Fire Service could not insist that the business upgrade their fire alarm system or install extra fire fighting equipment even though it may be beneficial for all concerned. However, the Fire Safety Order’s the risk based approach to fire safety, ensures that appropriate safety standards are identified, implemented and appropriately maintained.

Fire certificates held under The Fire Precautions Act 1971 were repealed by Fire Safety Order on the 1st October 2006 giving any Fire Certificate previously issued no legal status. However, much of the information and any plan drawings provided may be of assistance in completing the Fire Risk Assessment.

8. Is the Assessment a one-off process?

No. The assessment must be regularly reviewed and amended as necessary to meet any changing circumstances identified. The Order 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)).

However, no specific time scales are given. It is widely accepted that a review of the fire risk assessment is conducted at least every 12 months.

9. Can I do it myself?

We support the intention of the Fire Safety Order that those with the responsibility for premises are likely to be best placed to maintain fire safety precautions. The guidance documents state that the 'responsible person' for the business understand and should be able to address the risk to lives and property that a fire presents to those working within or visiting their premises.

Under the Fire Safety Order, the duty to carry out and implement a fire risk assessment lies with the 'responsible person'. Achieving fire safety is often a matter of common sense, and in many cases there may be no need for specialist or formal knowledge or training, providing the responsible person makes enough time available to go through all the necessary steps.

However, in carrying out a risk assessment the responsible person may decide that, given the nature of the premises or the people involved, they do not have the necessary competence to discharge their duties under the Order. If this is the case, they could choose to appoint one or more 'competent' persons to assist him/her. The level of competence necessary is not prescribed within the Fire Safety Order, which recognises that the extent of competency will vary according to the nature and complexity of the premises involved.

10. Can anyone conduct my Fire Risk Assessment?

No. The Fire Safety Order states that a competent person, who has had suitable training and possess sufficient knowledge to perform this function, should conduct the Fire Risk Assessment.

If you have a skilled and experienced health and safety representative, or another suitable member of staff who you deem is competent to carry out your fire risk assessment, then they may carry out the assessment. Alternatively if you haven’t the qualified staff or time available, you can employ a Fire Risk Assessment Consultant to undertake the fire risk assessment on your behalf.

Excell Fire Safety Services has provided fire risk assessment services for all types of business from the very large to the small in offices, schools, factories and shops etc. and can provide a no obligation quote to undertake the fire risk assessment for you.
CLICK HERE FOR OUR CONTACT FORM

The competent person or fire risk assessor need, not possess any specific academic qualifications but should:

• understand the relevant fire safety legislation,
• have appropriate education, training, knowledge and experience in the principles of fire safety,
• have an understanding of fire development and the behaviour of people during a fire incident,
• understand the fire hazards, fire risks and relevant factors associated with occupants at special risk within the buildings of the type being assessed, and
• have appropriate training and/or experience in carrying out fire risk assessments.

It would be advantageous if this person or company was a member of, or accredited by, a professional body, for example, the Institution of Fire Engineers (IFE) www.ife.org.uk, Institution of Fire Safety Managers (IFSM) www.ifsm.org.uk, or Institution of Fire Prevention Officers (IFPO) www.ifpo.org.uk

The Fire and Rescue Service cannot carry out your fire risk assessment for you, although they may offer assistance to clarify the guidance written in the published by the Government. The Fire and Rescue Service role is one of audit, ie to ‘police’ the Fire Safety Order.

11. Will fire precautions have to be improved? Will it cost me anything?

Yes and No. If you are already fully complying with existing legislation then it should be fairly simple. If you have not kept your fire precautions up to date, relied heavily on fire equipment contractors, neglected fire safety training for your staff, then there may be some additional areas to consider which will have cost implications.

12. How will a Fire Risk Assessment benefit my business?

The aim of our fire risk assessments is not to merely comply with fire legislation, rather services that deliver an effective and efficient cost benefit, whilst encouraging continuous improvements in the management of fire safety throughout the organisation.

An experienced consultant undertaking a assessment will be a cost effective exercise. Our fire assessment services have been designed to reduce the administrative burdens associated with this type of legislation and aim to deliver financial returns in the form of fire hazard identification and fire risk reductions.

13. What happens if I share my premises with others?

If you share a building with others, you will need to co-ordinate your risk management plan with them. If your plan changes as a result of a review or changes you made to your premises over time, you will need to share the revised risk management plan with others who share the premises.

14. Will the Fire and Rescue Service inspect my premises?

Eventually yes. Fire Authorities as the enforcing authorities for the Fire Safety Order are expected to develop appropriate risk based inspection regimes within the context of their Integrated Risk Management Plan (IRMP). How each Fire Authority carries out its statutory duties is a matter for local arrangements, but such Plans are available on request or on the respective Service’s website.

Fire Authorities have the power to inspect your premises to check that you are complying with your duties under the Fire Safety Order. They will look for evidence that you have carried out a suitable fire risk assessment and acted upon the significant findings of that assessment, they may also wish to see a copy of the assessment.

15. What happens if I don't comply with the Fire Safety Order, or conduct a Fire Risk Assessment?

For most premises, the Fire Authority are the enforcing authority for the Fire Safety Order. A fire safety inspecting officer will expect to see a copy of your Fire Risk Assessment when he/she audits your premises. Failure to comply with Articles 8-22 of the Fire Safety Order could result in an Enforcement Notice (Article 30), or a immediate Prohibition Notice (Article 31) being served, which in turn may result in Prosecution of the responsible person(s).

Many Fire Authorities maintain a public register of premises that they have served Enforcement Notices on or taken prosecution action against. This information also feeds into a national register available on the Internet for the public and other agencies, which may have a negative impact on your customer base. Non compliance with the Order may also invalidate your building insurance.

Fire and Rescue Authorities will, where necessary, offer support and advice on how best to improve fire safety arrangements. In doing so, they will take account of measures which are proportionate and reasonable to the identified risk.

Failure to comply with any duty imposed by the Fire Safety Order or any Notice issued by the enforcing authority is an offence. You have a right of appeal to a Magistrates Court against any Notice issued.

In cases where a serious risk exists and is not being managed, Fire Authorities have a statutory duty to enforce compliance with the Fire Safety Order. In serious cases, penalties of a fine of up to £5,000 for each offence on summary conviction (in a Magistrates Court) or an unlimited fine or up to two years imprisonment, or both on conviction or indictment in a Crown Court.

16. Am I responsible if my fire safety equipment fails?

Under the Fire Safety Order all fire precautions must be maintained in efficient working order and good repair, so if any failure is due to lack of maintenance, then as the responsible person, you could be held responsible. However, where maintenance contracts exist for the equipment, the Fire Authority may take action against the contractor, as they also can be deemed a responsible person.

17. What is a suitable and sufficient assessment of fire risks?

”Suitable and sufficient” it is generally considered that a fire risk assessment should do the following:

1. Identify the fire risks arising from or in connection with work:
   Attention should be paid to sources of ignition, sources of fuel and work processes.
2. Identify the location of people at significant risk in case of fire:
   It will be necessary to identify the areas that persons will frequent, whether they are employees, customers, visiting contractors etc.
3. Evaluate the risks:
• Are existing fire safety measures within the premises adequate?
• Are sources of fuel and ignition controlled?
• Is there adequate means for detecting fire and giving warning?
• Is there adequate means of escape in case of fire from all parts of the premises?
• Has adequate and appropriate fire-fighting equipment been provided, and is it suitably located?
• Is there an adequate testing and maintenance regime in place for fire precautions within the premises?
• Have employees been adequately trained in fire safety procedures within the premises and in the use of fire-fighting equipment?
4. Record findings and action taken:
   Prepare an emergency plan, inform, instruct and give training to employees in fire precautions. You should check your premises regularly and keep records of all fire safety systems maintenance, tests, routine checks and documents required by the systems Codes of Practice or British Standards etc. You need to keep records of any fire risks you identified during your fire risk assessment and what actions you have taken to reduce or remove them. Make a clear plan of how to prevent fires in the premises you are responsible for and, if a fire should break out, how you will provide for safe and effective escape procedure. Ensure your employees know what to do in the event of any fire incident and, that they are appropriately trained for any fire marshal roles etc.
5. Keep the assessment under review:
   Generally, the review date should be 12 months from the date of completion of the fire risk assessment. It may be necessary to set an earlier date depending on the type of premises, processes carried out etc, whilst ensuring it remains up to date and reflects any relevant changes that may have occurred.

18. Once I’ve carried out my fire risk assessment, who should I show it too?

You should consult with your employees about the findings of your fire risk assessment and provide adequate fire safety training for staff where identified. A fire safety inspecting officer, authorised by the Fire Authority, may ask to see your fire risk assessment, but there is no requirement to send it to them without request. Other relevant authorities such as Building Control Bodies, Environmental Health or Licensing Officers from the Local Authority may ask to see your fire risk assessment as part of their work or any respective Licensing process.

19. How do I manage fire safety?

Management Responsibilities

The management of fire safety in a building is the main function of any manager with responsibility for fire safety. This person can be defined as the ‘Responsible Person’.

Only effective management combined with appropriate fire safety training for staff can ensure that the correct actions are likely to be taken. Management need to be aware of the statutory requirements regarding the maintenance of escape routes, fire warning arrangements, portable firefighting equipment, emergency lighting, fire safety instructions for staff, etc.

Whatever the size of building, there should be no doubt as to the person or persons with whom the responsibility fore fire safety lies. He or she should be fully aware of all the fire safety features provided in the premises.

Management procedures should ensure that control is exercised over parking of vehicles on service or other access roads which may be used by fire service appliances so that they are not obstructed or fire hydrants parked over.

Good housekeeping will reduce the chances of fire starting, and will minimize its spread should a fire break out. It is vital that all employees are aware of the particular risks associated with hazardous or flammable substances and correct and safe working practices when using such materials.

Fire Routine

The basis of fire safety is the routine to be undertaken in the event of any fire. All staff should know how to react on discovery of fire or on hearing the premises fire alarm. It is essential that the management draw up an effective routine which covers all likely types of situation, from a fire alarm, to a major incident.

The fire routine needs to take into account the types of activities which take place in the premises, the fire precautions that are provided and above all, the fire warning system that is available to the premises. If not already written, the fire routine should be drawn up following the fire risk assessment of the premises.

The ‘responsible person’ is responsible for ensuring that all necessary fire safety features are available and in working order and that no undue fire risks are present. Fire incident experience over many decades has highlighted the importance of ensuring that fire exit doors can be easily and immediately opened, that exit routes are free from obstruction, are suitably lit and that any combustible waste has been removed.

Fire Safety Training

A common cause of injuries sustained in fire incidents, is the failure of the occupants of a building, whether staff or members of the public, to take the appropriate action when fire is discovered or a fire alarm is raised. An essential part of the management's duties in respect of fire safety is the training of staff. All employees, including part time members, cleaning staff and contractors etc, should be familiar with the actions to be taken in the event of any fire or fire alarm, how to call the fire and rescue service, simple fire prevention and the exit routes provided.

Fire safety training should be a continuous aspect of their employment, commencing on the first day of appointment of any new staff and continuing in the form of regular refresher training. The training should based on written instructions appropriate to their specific responsibilities in the event of emergency and should be delivered by a competent person, with any course material and topics recorded as relevant in the fire safety log book.

Staff with specific duties in the event of fire, such as fire marshal or fire evacuation coordinator, should receive further detailed training suitable for their additional duties.

Fire instruction should be given to staff in respect of the following:

• Actions on discovering a fire,
• Hearing the fire alarm,
• Assembly points,
• Calling the Fire and Rescue Service, and
• Awareness of portable fire equipment.

Actions on discovering a fire

Personnel should be made aware of the method of raising the alarm in a premises, this should include the position of manual fire alarm call points and their method of operation.

Hearing the fire alarm

Personnel should be made aware of the evacuation procedures in their workplace. They should be shown escape routes and final exits, they should also be made aware of fire doors and their purpose in protecting escape routes.

Fire assembly points

Personnel should be shown their 'Fire Assembly Point' and made aware of the need to ensure they have been accounted for.

Calling the Fire and Rescue Service

Staff should be made aware of the method of calling the fire and rescue service and the location of telephones.

Awareness of portable fire equipment

Personnel should be trained in the safe use of fire extinguishers. It is not acceptable to say 'employees are not expected to use an extinguisher and therefore they don't need to know'.

20. What firefighting equipment do I need?

You have responsibility for the provision of appropriate firefighting equipment. It is also your responsibility to check that all firefighting equipment is located correctly and in effective working order.

Testing and maintenance of fire safety equipment and systems

The maintenance of fire safety equipment and systems is one of management's most important responsibilities in any premises. There is a legal and moral obligation to maintain a satisfactory standard of all fire precautions provision, from the daily checking of the means of escape to the routine checking of portable fire fighting equipment. There is also a legal requirement imposed to provide and maintain accurate records on fire safety measures.

Maintenance of Fire Safety Measures

All fire safety systems and equipment should be subject to a suitable and adequate programme of maintenance. This maintenance programme should be carried out in accordance with the relevant British Standard. This will normally involve much of the work being carried out by a ‘competent person’ (a person with the appropriate knowledge and training to carry out the task).

Many premises will be subject to specific maintenance requirements detailed in the legislation applying to that type of premises.

The Disability Discrimination Act introduced in 1995 sought to ensure that disabled employees, visitors, whatever their disability, should be treated as well as people without disabilities and according to their needs. It is therefore essential that disabled people are considered in any fire evacuation plan.

21. Where can I get a fire safety logbook?

Excell Fire Safety Services has produced a blank logbook for you to freely download.

Click here to view our free Fire Safety Log Book.

22. I have no experience of undertaking a fire risk assessment, where can I find some guidance?

The Department for Communities and Local Government (CLG) has produced a series of guides, which can be purchased or downloaded free of charge from www.communities.gov.uk/fire/firesafety/firesafetylaw to assist responsible persons.

More definitive guidance can be found in The Approved Code of Practice ‘The Management of Health and Safety at Work Regulations 1999’ (ISBN 0717624889) available from HSE Books.

PAS 79:2007 ‘Fire Risk Assessment - A Recommended Methodology’ (ISBN 9780580506833) or BS 9999: 2008 ‘Code of Practice in the design, management and use of buildings’.
Each are available from the British Standards Institute (BSI).

Any finally, consider the following;

Fact 1 Only a small proportion of businesses survive a major fire (Source: The Association of British Insurers).

Fact 2 A fire risk assessment is not an option it is a legal requirement of the Fire Safety Order 2005.

Fact 3 As an employer, owner, occupier or managing agent (the Responsible Person) you will be responsible for the general fire precautions within your premises.

Fact 4 Ignorance of the Fire Safety Order is no defence.

Fact 5 In the event of a fire, Responsible Person(s) must prove that all reasonable precautions have been taken to safeguard ALL relevant persons including employees, public, visitors and contractors etc.

Fact 6 A competent person with sufficient training, experience and knowledge must conduct the fire risk assessment.

The enhanced fire safety and assessment of risk that Excell Fire Safety Services Ltd provides, is something that we anticipate will assist in maintaining and possibly reducing the level of insurance premiums. Our fire risk assessments and supportive valued advice we provide may assist you in preventing breaches of warranties and policy conditions. Such breaches can lead to the withdrawal of cover in the event of a claim following a fire.