Reference Information

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Reference Section

The Regulatory Reform (Fire Safety Order) 2005

The Regulatory Reform (Fire Safety) Order 2005 (often referred to as the Fire Safety Order or FSO) is the primary legislation governing fire safety in England and Wales. It came into force on 1 October 2006 and applies to non-domestic premises, including workplaces, public buildings, and communal areas within multi-occupancy residential buildings.

Key Aspects of the Fire Safety Order:

Responsible Person (Duty Holder)

  • The Order places legal responsibility on the 'Responsible Person' (usually the employer, building owner, landlord, or managing agent) to ensure fire safety.
  • In shared or multi-occupancy buildings, this could be a 'Premises Owner' or a 'Managing Agent'.

Fire Risk Assessment

  • The Responsible Person must carry out a suitable and sufficient fire risk assessment and keep it up to date.
  • If the organisation lacks expertise, a competent person (e.g., a professional fire risk assessor) should be appointed.
  • The assessment must identify fire hazards, people at risk, and necessary control measures.

Key Requirements Under the Order:

  • Implement appropriate fire precautions (e.g., alarms, extinguishers, escape routes).
  • Ensure emergency exits are clearly marked and unobstructed.
  • Provide fire safety training to staff.
  • Maintain firefighting equipment (e.g., extinguishers, sprinklers).
  • Have an emergency evacuation plan and conduct fire drills.
  • Consider vulnerable individuals (e.g., disabled, elderly).

Enforcement & Penalties

  • Fire and Rescue Authorities (FRAs) enforce the Order.
  • Failure to comply can lead to:
    1. Enforcement notices (requiring improvements).
    2. Prohibition notices (restricting building use).
    3. Unlimited fines or up to two years in prison for serious breaches.

Who Does It Apply To?

  • Offices, shops, factories, hotels, pubs, schools, hospitals.
  • Communal areas of flats, Houses opf Multiple Occupancy (HMOs) (e.g. corridors, stairways).
  • Does not apply to private homes (unless a business operates there).

Recent Updates

In 2023–2024, following the Grenfell Tower Inquiry, the Fire Safety Act 2021 clarified that external walls (including cladding) and flat entrance doors must be included in fire risk assessments.

The Building Safety Act 2022 introduced stricter regulations for high-rise residential buildings.