Regulatory Reform (Fire Safety) Order 2005.

 (Hereafter referred to as the FSO). FSO 2005 LINK

There are 3 concepts that are fundamental to the successs of the RRO, firstly the “Responsible Person” concept, secondly the “Risk Assessment” concept (the idea being that the ‘responsible person’ will conduct a fire risk assessment and ensure that the premise that he or she is responsible for is safe from fire for all persons that resort there) and Thirdly the concept that a fire should not start in the first place as opposed to previous legislation that focussed on the measures required to reduce the effects of a fire that had already broken out.

In a nutshell this means that under the RRO the 'responsible person' for each premises will be required to carry out an assessment of the risks from fire and then take steps to reduce or remove that risk so that it is as low as practicable. Only then should other fire protection measures be put in place.

Part 2   FIRE SAFETY DUTIES                                       

The following are summaries of articles 8 to 23 which are the articles that impose on the responsible person the duties to comply with the FSO.
As these are summaries, they are only intended as a guide and MUST NOT be taken as the lawful meaning of any article.  For the full contextual content of the FSO, follow the link at the top of the page to download the complete order

Article 8. Duty to take general fire precautions

The responsible person must take such general fire precautions as will ensure, so far as is reasonably practicable, the safety from fire of any of his employees and any relevant person as may be reasonably required.

Article 9. Risk assessment

The responsible person must make a suitable and sufficient fire risk assessment to identify the general fire precautions necessary to ensure the safety from the risks to which relevant persons are exposed to and review these risks regularly.

The fire risk assessment must include the risk assessment of any dangerous substances in or on the premises, mainly

1. The hazardous properties of the substance;
2. Information contained on data sheets supplied by manufacturers of the substance;
3. The amount of the substance stored on the premises;
4. Arrangements for safe handling, storage and transport of these dangerous substances including waste;
5. The hazards of more than one dangerous substance mixing with another and the possible consequences;
6. The possibilities of an explosive atmosphere occurring;
7. The possibilities of ignition of any dangerous substance from static discharges;
8. The possibility of gaseous or liquid discharges from the dangerous substances finding their way into low lying voids and spaces;

The responsible person must not employ a young person unless he has, in relation to risks to young persons, made or reviewed an assessment.
The matters that should be addressed in this assessment are;

1. The immaturity of young persons and consequent lack of awareness of danger and risks that may be encountered in the workplace;
2. Ensuring that the you and person is aware of the layout of the premises;
3. The amount of exposure to physical exertion and chemicals;
4. The type of equipment they will be expected to use and any additional training requirements required due to their immaturity;
5. Fire safety training;

As soon as practicable after the assessment is made or reviewed, the responsible person must  record the significant findings of the assessment, including the measures which have been or will be taken by the responsible person to rectify any deficiencies found in the fire risk assessment if and when;

1. Five or more persons are employed;
2. A license is in force on the premise;
3. An alterations notice is in force on the premise;

The required information that should be recorded on the assessment are the significant findings including the remedial measures to be taken by the responsible person to reduce or remove those findings and any group of persons identified as being especially at risk.

Article 10.   Principles of prevention

The principles of preventing fire hazards and fire risks are;

1. Avoiding risks;
2. Evaluating those risks that cannot be avoided;
3. Reducing the risks at source;
4. Replace dangerous substances, practices or hazards with those that are safer;
5. Give appropriate instructions to employees;
6. Develop a general overall safety regime and policies
   
   

Article 11. Fire safety arrangements

The responsible person must undertake effective planning, organisation, control, monitoring and review of the preventive and protective measures.

The responsible person must record the arrangements where

1. He employs five or more employees;
2. A licence under an enactment is in force in relation to the premises; or
3. An alterations notice requiring a record to be made of those arrangements is in force in relation to the premises;
   
   

Article 12.  Elimination or Reduction of Risks from Dangerous Substances

Where a dangerous substance is present the responsible person must eliminated or reduced the risk from fire as far as is reasonably practicable.  Also the responsible person must replace substance, reduce or remove subs so far as is reasonably practicable or apply measures to control the risk and mitigate the detrimental effects of a fire.
He must also ensure the safe handling, storage and transport of dangerous substances and waste materials.

Article 13.  Fire-fighting and Fire Detection

Where necessary the responsible person must ensure the premises are equipped with;

1. Appropriate firefighting equipment suitable for the activities and processes being undertaken;
2. Fire detectors;
3. Fire alarms;

Any non-automatic fire-fighting equipment must be easily accessible, simple to use and indicated by signs.
Competent persons must be in nominated to implement those measures and be given appropriate training and equipment to in able them to fulfil what ever role has been nominated.
Contacts with external emergency services should be made where necessary.

Article 14. Emergency Routes and Exits

Emergency routes and exits must be kept clear at all times and comply with the following simple guidelines;

1. Emergency routes and exits must lead as directly as possible to a place of safety;
2. Relevant persons must be able to evacuate quickly;
3. The number and width of exits must be adequate;
4. Emergency doors must open in the direction of escape;
5. Sliding or revolving doors must not be used on means of escape;
6. Emergency doors must be easily openable without the use of a key or electronic keypad;
7. Emergency routes and exits must be indicated by appropriate signs;
8. Emergency routes and exits must be well lit in case of an emergency;
   
   

Article 15.  Procedures for Serious and Imminent Danger and for Danger Areas

The responsible person must;

1. implement appropriate fire procedures and fire drills;
2. nominate a sufficient number of competent persons to assist in evacuation of the relevant persons;
3. restrict access of relevant persons to risk areas where necessary;
4. inform relevant persons of any risks to them identified in the fire risk assessment;
5. arrange for appropriate steps to be made to allow persons to stop work and immediately proceed to a place of safety in the event of them being exposed to serious, imminent and unavoidable danger;

A person is to be regarded as competent where he has sufficient training, experience or knowledge and other qualities to enable him to properly implement the evacuation procedures where the fire risk assessment identifies it necessary.

Article 16.  Additional emergency measures in respect of dangerous substances

To reduce the danger from an accident, incident or emergency involving the presence of a dangerous substance, the responsible person must ensure that information on emergency arrangements is available, and information on;

1. any work hazards;
2. hazard identification arrangements;
3. hazards that are likely to arise at the time of an accident, incident or emergency;
4. suitable warning and other communication systems that are established to instigate an emergency response;
5. escape facilities that are provided where necessary

Where necessary, relevant information should be made available to accident and emergency services and displayed at the premises.
In the event of a fire involving dangerous substances, the responsible person must ensure that

1. Iimmediate steps are taken to mitigate the effects of the fire;
2. Steps are taken to restore the situation to normal;
3. Steps are taken inform those relevant persons who may be affected;
4. Personal protective equipment and protective clothing is available;
5. Specialised safety equipment is available where necessary;

Article 17. Maintenance

The responsible person must ensure that the premises and any facilities, equipment and devices provided in respect of fire safety are maintained in working order.
Where the premises form part of a building, the responsible person may make arrangements with the occupier of any other premises forming part of the building to ensure any facilities, equipment and devices provided in respect of fire safety are maintained in working order even if the order does not apply to the other occupier.
The occupier or owner of the other premises must co-operate with the responsible person.

Article 18. Safety Assistance

The responsible person must appoint one or more competent persons to assist him in undertaking the preventive and protective measures and ensure they cooperate, have sufficient time, training, equipment and facilities to fulfil their functions with regard to the risks and size of the premises.
A person is to be regarded as competent where he has sufficient training, experience or knowledge and other qualities to enable him properly to implement the preventive and protective measures.
This does not apply to a self-employed employer and individuals who are carrying on business in partnership, where at least one of the individuals concerned has sufficient training and experience to fulfil the preventive and protective measures.

Article 19. Provision of Information to Employees

The responsible person must provide his employees with relevant information on;

1. The significant findings of the fire risk assessment;
2. The preventive and protective measures;
3. The identities of  persons nominated to assist in the implementation of preventive and protective measures;
4. The risks notified to him by other responsible persons in the building;

If employing a child, the responsible person must provide a parent of the child with comprehensible and relevant information on;

1. the risks to that child identified by the risk assessment;
2. the preventive and protective measures identified in the fire risk assessment
3. the risks notified to him in by other responsible persons in the building

Where a dangerous substance is present, the responsible person must inform the parent of;

1. the name of the substance and the risk which it presents;
2. information of any relevant safety data sheet;
3. legislative provisions (concerning the hazardous properties of any such substance) which apply to the substance;
4. the significant findings of the risk assessment.
   
   

Article 20.  Provision of Information to Employers and the Self-employed from Outside Undertakings

The responsible person must ensure that the employer and employee of any employees from an outside undertaking who are working in or on the premises are provided with;

1. Comprehensible and relevant information on the risks to those employees;
2. The preventive and protective measures taken by the responsible person;
3. The identity of any nominated competent persons assigned to assist him in undertaking the preventive and protective measures;
   
   

Article 21. Training

The responsible person must ensure that his employees are provided with adequate fire safety training when they are;

1. First employed;
2. Exposed to new or increased risks;
3. Transferred;
4. Given a change of responsibilities;

Or there is introduced;

1. New work equipment;
2. New technology;
3. New system of work;

The training must be suitable and sufficient with instruction and training on the appropriate precautions to safeguard him and other relevant persons on the premises.  It must be;

1. Repeated periodically where appropriate;
2. Appropriate to the risk identified by the risk assessment;
3. Take place during working hours;
   
   

Article 22.  Co-operation and co-ordination

Where two or more responsible persons share a premises, or have duties in respect of premises, they must co-operate with the other responsible person concerned to enable them to comply with the requirements and prohibitions imposed on them by the FSO.
They must take all reasonable steps to co-ordinate the measures taken with the measures the other responsible persons are taking to comply with the requirements and prohibitions imposed on them by the FSO.
They must also take all reasonable steps to inform the other responsible persons concerned of the risks to relevant persons arising out of or in connection with the conduct by him of his undertaking.
Where an explosive atmosphere may occur, the responsible person who has overall responsibility for the premises must co-ordinate the implementation of all the safety measures.

Article 23.  General Duties of Employees at Work

Every employee must, take reasonable care for the safety of himself and of other relevant persons who may be affected by his acts or omissions at work.

He must inform his employer of any work situation which would reasonably consider represented a serious and immediate danger to safety;
He must inform his employer of any work situation represented a shortcoming in the employer's protection arrangements for safety.

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