Frequently Asked Questions

1. What is a fire risk assessment?
2. Who is the Responsible Person?
3. What makes a Competent Person?
4. What does Suitable and Sufficient Mean?
5. What is a Relevant Person?
6. What does Significant Findings mean?
7. Once I have completed my Fire Risk Assessment, who do I need to Show it to?
8. What Extra Precautions Do I Need To Take For Persons With Disabilities?
9. What Fire Safety Training do I need to give to Employees?
10. Where does the new Legislation apply?
11. Is my Fire Certificate still valid?
12. What are the possible actions by the Enforcing Authorities?
13. I live in a flat does this Legislation apply To me? 
14. I run a Care Home with just 3 Residents, does the new Fire Safety Order apply to me?
15. I have a small pub, I don’t have any staff and do all the work myself, does the Order apply to me?
16. Should I wait for the Fire Officer to visit and Identify any Action Required?
17. Do I have to have a Fire Alarm in my Building?
18. I run a small Charity Shop with volunteers, does the order apply to me?
19. I run a Small Business, does the order apply to me?
20. Who Enforces the Fire Risk Assessment?
    
    

1. What is a fire risk assessment?

It is an evaluation of your premises to help you determine the chances of a fire starting, what dangers that represents and what people may be involved.
The responsible person must carry out, or appoint a competent person to carry out a suitable and sufficient fire risk assessment of the risks from  fire to their employees and other relevant persons that may be on or in the vicinity of the premises.
You are not required, however, to record the significant findings of your assessment unless you employ five or more people, hold a license issued by another authority, or are told to do so by the Fire Authority in a Notice.

2. Who is the Responsible Person?

The Responsible Person will be someone who has control over the premises. This could be:

• The owner or occupier of a premises
• The owner or managing agent for shared parts of the premises such as shared means of escape or shared fire safety equipment such as fire warning systems and sprinklers
• The occupier, such as self-employed people or voluntary organisations if they have any control
• Any other person who has some control over a part of the premises

(For the full definition of Responsible person and the duties imposed, refer to the Fire Safety Order (article 3))

3. What makes a Competent Person?

A compete person 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 in fire
• Understand the fire hazards, fire risks and relevant factors associated with occupants at special risk within the buildings of the type in question
• Have appropriate training and/or experience in carrying out fire risk assessments.
  
  

4. What does Suitable and Sufficient Mean?

Whilst the legislation does not define suitable and sufficient it is generally considered that a risk assessment should do the following:

1. Identify the fire risks ie sources of ignition and fuel

2. Identify the location and type of people at significant risk in case of fire:

• Employees
• Contractors working on site
• Members of the public
• Individuals who are especially vulnerable such as young persons, the elderly or those with disabilities

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 the findings and prepare an emergency plan. Inform, instruct and give training to employees in fire precautions and record the action taken.

5. Keep the assessment under review:

Generally the review date should be one year from the date of completion of the risk assessment, however it may be necessary to set an earlier date depending on the type of premises, processes carried out, etc.
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.

5. What is a Relevant Person?

• Any person (including the responsible person) who is or may be lawfully on the premises;
• Any person in the immediate vicinity of the premises who is at risk from a fire on the premises, but does not include a fire-fighter who is carrying out his duties in relation to a function of a fire and rescue.

(For the full definition of Responsible person and the duties imposed, refer to the FSO (article 8))

6. What does Significant Findings mean?

Significant findings should include:

• The significant hazards identified in the assessment. That is, those hazards which might pose serious risk to workers or others who might be affected by the work activities if they were not properly controlled;
• The existing control measures in place and the extent to which they control the risks (this need not replicate details of measures more fully described in works manuals etc but could refer to them);
• The population which may be affected by these significant risks or hazards, including any groups of employees who are especially at risk.
  
  

7. Once I have completed my Fire Risk Assessment, who do I need to Show it to?

As with all risk assessment findings it is necessary to inform your employees of the findings so that they understand what they are to do to prevent fires, respond to a fire alarm and what to do if they discover a fire. A fire officer may ask to see your risk assessment and it should always be available for viewing, but there is no requirement to show it to anyone else.

8. What Extra Precautions Do I Need To Take For Persons With Disabilities?

The Disability Discrimination Act introduced in 1995 sought to ensure that disabled employees, visitors and students, whatever their disability should be treated as well as people without disabilities and according to their needs.
It is illegal to treat a disabled person less favourably in relation to employment, goods, services and facilities and to place them at a substantial disadvantage to people without disabilities. This ensures that disabled people must be included in any fire evacuation plan.

An employer, building manager or service provider has to take reasonable steps to change practices or procedures that made it difficult for a disabled person to access goods facilities and services. This makes it necessary for example, to change evacuation procedures so that they cater for the needs of the disabled.
If a disabled person is allowed into the premise then there must be adequate facilities to ensure that the individual can safely get out of the premise in an emergency without assistance from the fire service!
This may involve discussion with individuals to prepare personal emergency evacuation plans (peeps).

9. What Fire Safety Training do I need to give to Employees?

It is the responsibility of employers to ensure that their staff are adequately trained on what to do in the event of fire. Training should be given upon induction and preferably a second time within the first month of employment. Refresher training should be given at least once a year.
Training should be undertaken by a competent person and a record kept in a log book.

It can be carried out in house, or by a reputable company. Fire instruction should be given to staff in respect of the following:

• 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.

• 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 - personnel should be made aware of the method of calling the fire and rescue service and the location of telephones.

• Use of fire extinguishers - 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’.
  
  

10. Where does the new Legislation apply?

The Order will apply to virtually all premises and covers nearly every type of building, structure, and open space. For example:

• offices and shops
• premises that provide care
• community halls
• common areas of houses in multiple occupation
• pubs, clubs and restaurants
• schools
• tents and marquees
• hotels and hostels
• factories and warehouses

It excludes domestic premises occupied by a single family.

11. Is my Fire Certificate still valid?

The introduction of the new Regulatory Reform (Fire Safety) Order 2005 has repealed the Fire Precautions Act 1971 and consequently the requirement for certification and all fire certificates are now obsolete.
The fire safety inspection strategy by the fire service has also changed. They no longer inspect premises routinely. They now make an assessment as to how risky premises are and inspect those that are deemed the riskiest. However, if you suffer a fire or they receive a fire safety complaint, the fire service  will inspect as a matter of some urgency.

12. What are the possible actions by the Enforcing Authorities?

If the enforcing authority is unsatisfied with the Fire Risk Assessment deeming it unsuitable and insufficient, and the contraventions are considered minor infringements of the Fire Safety Order, the enforcing authority will more than likely leave it up to you to remedy the faults, issuing you with a letter informing you so and they may give you some guidance as to how to rectify matters or they may not. The trend now is to not give guidance after all it is now your responsibility.

If the findings are more serious or there are a large number of minor offences, you may well be issued with an enforcement notice informing you that your Fire Risk Assessment is not suitable and sufficient and a time limit imposed for you to reassess your FRA. You will have 21 days to appeal.

If the work is not completed within the specific time limit then court action may ensue (it is a high probability that you will lose). You will have 21 days to appeal.

Should the findings by the inspecting officer be deemed to be so dangerous and serious that relevant persons may be subjected to injury or death should a fire occur, then they may issue a prohibition notice under article 31 of the FSO closing the whole of the premise or restricting access to the area deemed dangerous.  Access will not be allowed until the deficiencies are rectified.

|I have a business which I run out of my small workshop. I am self employed. Does the Order apply to me?
Yes. You must protect yourself and anyone else in the vicinity of your business from fire. To do this you must assess the risks and make general fire precautions.

13. I live in a flat does this Legislation apply to me? 

 
Yes. Common parts of the flats will be subject to the Order, and as such the person responsible for the building, the Landlord or the Managing Agent, should carry out a risk assessment and act on any of the significant findings.

14. I run a Care Home with just 3 Residents, does the new Fire Safety Order apply to me?

The ‘Order’ does not specifically mention care homes but it does apply to premises which are anything other than a single private dwelling. It also applies where a licence has been issued by another Authority.
As a small care home you are no longer regarded as a single dwelling, but a care home and a place of work for the carers. You must also be licensed/registered.
Where the Order applies the only absolute requirement is the ‘Risk Assessment’ which must be done in ALL cases.

15. I have a small pub, I don’t have any staff and do all the work myself, does the Order apply to me?

Yes. You are responsible not only for yourself, but also the people that enter your premises. You must ensure that you and they have adequate fire safety arrangements. As you have a liquor licence you must also record the findings of the assessment.

16. Should I wait for the Fire Officer to visit and Identify any Action Required?

 
No. It is your responsibility to comply with the Order. You will need to prepare a fire risk assessment and emergency plan.
In addition to this where:

• A license under an enactment is in force;
• An Alterations Notice under the Fire Safety Order requires it
• You are an employer and have five or more employees

…then the findings of the risk assessment must be recorded.

The risk assessment must cover both employees and any other relevant person. This may include employees of other employers, as well as visitors, contractors etc. An inspecting officer will expect to see your risk assessment and emergency plan when an inspection is carried out.

17. Do I have to have a Fire Alarm in my Building?

Not necessarily…You must have an appropriate means of giving warning in case of fire. In small premises with a simple layout and able people, simply shouting FIRE may be appropriate. However, as buildings get larger and more complex, or where process or people become more of an issue, a fire alarm system may be needed. In building with vulnerable people, i.e. people sleeping or are care for, automatic fire detection is usually required.

18. I run a , with volunteers, does the order apply to me?

Yes. The introduction of the Order has extended fire safety legislation to groups which up until 2006 remained outside. These include voluntary sector; charitable organisations and self employed persons.

19. I run a Small B usiness, does the order apply to me?

Yes, you must do your fire risk assessment and have regard to general fire precautions. But smaller businesses usually only require modest fire safety arrangements. For example, I may be reasonable to shout FIRE to raise the alarm rather than got to the expense of a fire alarm system.

20. the Fire Risk Assessment?