Are Fire Risk Assessments a Legal Requirement?

Are Fire Risk Assessments a Legal Requirement in the UK?

Yes, fire risk assessments are a legal requirement in the UK, which for England is covered in the Regulatory Reform (Fire Safety) Order 2005. This legislation requires all employers, landlords, and owners of non-domestic premises to carry out fire risk assessments on their properties. Failure to comply with this requirement can result in fines, imprisonment, or even closure of the premises.

Fire risk assessments are an essential part of fire safety management and are designed to identify potential fire hazards and assess the risks associated with these hazards. They also aim to determine what measures need to be put in place to reduce or eliminate these risks. This helps to ensure the safety of individuals and property in case of a fire.

What is a Fire Risk Assessment?

A fire safety risk assessment is a systematic process designed to identify, evaluate, and control the risks associated with fire and explosion hazards. The key elements of a fire risk assessment are critical for ensuring safety and complying with legal obligations. They include:

• Identification of Fire Hazards: Potential sources of ignition, fuel, and oxygen must be found, which could include electrical equipment, smoking materials, paper, textiles, and flammable liquids, as well as air and oxidizing agents.
• Identification of People at Risk: Determining who may be in danger in the event of a fire is essential, with special attention to individuals who are particularly vulnerable, such as the elderly, children, or those with disabilities.
• Evaluation of Risks: It is important to assess the likelihood of a fire starting and the potential consequences for those identified as being at risk. This includes evaluating existing fire safety measures to determine their adequacy and identifying any additional measures needed.
• Recording the Findings: Keeping detailed records of the hazards identified, people at risk, and the measures in place to control these risks is crucial for demonstrating compliance with legal requirements.
• Developing an Emergency Plan: Based on the findings, formulating a clear and concise plan that outlines the necessary actions to be taken in the event of a fire is paramount for ensuring everyone’s safety.
• Training and Information: All occupants must be aware of the fire risks, understand the emergency plan, and receive appropriate training on what to do in the event of a fire.
• Review and Update: The assessment should be regularly reviewed and updated to reflect any changes in the premises, activities conducted, or occupancy patterns, ensuring the fire risk assessment remains current and effective.

Fire safety is a continuous process that requires constant attention and vigilance. It is important to regularly perform fire risk assessments, especially when any changes or modifications are made to the building or its contents.

What Does the Law Say About Fire Risk Assessments?

In England and Wales:

Regulatory Reform (Fire Safety) Order 2005: The Fire Safety Order applies to all non-domestic premises, including the common parts of multi-occupied residential buildings. It requires a “responsible person” (e.g., employers, owners, or landlords) to carry out a thorough fire risk assessment to identify risks and hazards, take appropriate measures to mitigate these risks and ensure the safety of occupants. The assessment must be reviewed regularly and updated as necessary, especially if there are significant changes in the use or structure of the premises.

In Scotland:

Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006: Similar to the regulations in England and Wales, these laws require that a fire risk assessment be conducted on all non-domestic premises. The duty falls on the “responsible person” to assess the risk of fire and implement preventive and protective measures to prevent fires. Regular reviews and updates of the fire risk assessment are also mandated to reflect any changes in the premises.

In Northern Ireland:

Fire and Rescue Services (Northern Ireland) Order 2006 and Fire Safety Regulations (Northern Ireland) 2010: These laws establish the requirement for conducting fire risk assessments in all non-domestic premises and the communal areas of residential buildings. The responsible person is tasked with identifying fire hazards, evaluating the risk to people, and implementing necessary fire safety measures, with an obligation to keep the assessment up to date.

Key Requirements Across All Regions:

1. Identification of Hazards: Identifying potential ignition, fuel, and oxygen sources that could lead to a fire.
2. People at Risk: Determining who may be at risk in the event of a fire, especially those who are most vulnerable.
3. Evaluation and Action: Evaluating the level of risk and implementing appropriate measures to mitigate or remove the risk.
4. Record Keeping: Recording the risk assessment findings and actions to address the identified risks.
5. Review and Update: Regularly reviewing and updating the risk assessment, particularly after significant changes, incidents, or near misses.

Non-compliance with these legal obligations can result in severe penalties, including fines and imprisonment. These regulations are enforced by the local fire and rescue service, which has the power to inspect premises, enforce compliance, and issue notices for non-compliance.

Who Is Responsible for Carrying Out a Fire Risk Assessment?

In the UK, the responsibility for conducting a fire risk assessment lies squarely on the shoulders of the “responsible person.” As defined in the respective fire safety legislation, this is typically the employer in a workplace setting. Where a workplace is not involved, the responsible person could be the one in control of the premises, such as the owner or an occupying tenant. Complexities arise in multi-occupied buildings; there, a management body, the landlord, or the freeholder, commonly holds responsibility for shared spaces, while leaseholders or tenants maintain their private domains.

Definition of the “Responsible Person”:

In essence, the responsible person is someone with authority over the business premises or a degree of control. This could be the employer, the premises manager, the owner, or an appointed safety officer.

Responsibilities of the “Responsible Person”:

The remit of the responsible person includes:

• Carry out a fire risk assessment: Identify hazards and risks, those at risk, and mitigation measures.
• Implement and maintain appropriate fire safety measures: Based on the risk assessment’s findings, necessary safety features and protocols must be in place to safeguard individuals from fire hazards.
• Plan for an emergency: Creation and maintenance of an emergency plan, complete with staff briefings and fire safety training.
• Keep the fire risk assessment up to date: Continuously review and update the fire risk assessment, particularly upon any changes to the premises layout, occupancy, or use.

How Often Is a Fire Risk Assessment Required?

A fire risk assessment must be reviewed periodically to ensure the continued safety of the premises and its occupants. It is recommended to follow the guidance of the Fire Risk Assessor regarding the frequency of these reviews.

Nevertheless, more frequent reviews are advisable, particularly when significant alterations occur that could impact the fire safety of the premises. Such instances include:

• When the structure of the premises has undergone changes. Architectural modifications can affect escape routes and fire safety measures.
• When the purposes for which the premises are used have changed. New activities might introduce different fire hazards or require additional safety provisions.
• When there is a change in the hazards within the premises. The introduction of new materials or equipment might elevate the risk level.
• When there is a change in the demographics of the people using the premises. This includes an increase in the number of occupants or changes in their vulnerability.

Updating the fire risk assessment to reflect these changes is vital to maintaining a safe environment for all individuals present.

What Are the Consequences of Not Carrying Out a Fire Risk Assessment?

Failing to perform a fire risk assessment can result in serious and multifaceted consequences. Legal implications include:

• Fines: Neglecting to adhere to fire safety regulations can incur considerable fines, designed to act as a strong deterrent from shirking these crucial responsibilities.
• Prosecution: Persistent or egregious non-compliance can lead to prosecution, potentially resulting in criminal charges and, in extreme cases, imprisonment.
• Enforcement Notices: Fire and rescue services might issue enforcement notices compelling the responsible person to enact specific improvements by a set deadline. Ignoring such notices can trigger further legal proceedings.
• Prohibition Notices: Should the risk to individuals be deemed excessively high, prohibition notices could be administered. These notices can lead to the temporary or permanent shutdown of operations, significantly harming the business’s financial health and reputation.

From a safety perspective:

• Increased Risk of Fire: A thorough fire risk assessment is essential for spotting and mitigating potential fire hazards; without it, the likelihood of a fire breaking out is higher.
• Harm to Individuals: The principle aim of a fire risk assessment is to protect life. Its absence elevates the risk of injury or fatality in the event of a fire.
• Property Damage: Inadequate fire prevention measures can lead to intensified fires, inflicting extensive damage to property and assets.
• Operational Disruptions: Fire incidents can force business operations to cease, jeopardising business continuity and incurring lengthy and costly recovery processes.
• Reputational Damage: Non-compliance with fire regulations, especially if leading to an incident, can significantly tarnish a business’s reputation, undermining client trust and competitive standing.
• Insurance Implications: Failing to meet legal fire safety obligations may prompt insurers to deny claims, leaving the responsible party facing substantial financial loss and potential legal repercussions.

If a fire occurs and it is found that no fire risk assessment had been carried out or that the assessment was not up to date, then the responsible person may be liable for prosecution. In the event of a fire, they may also be liable for any damages or injuries that occur.

What Buildings Require a Fire Risk Assessment?

It is essential to understand that any non-domestic building requires a fire risk assessment. This includes commercial, industrial, and institutional buildings such as offices, shops, restaurants, schools, hospitals, etc.

Commercial Premises

• Offices and Shops: Including corporate buildings, retail stores, and small local shops.
• Factories and Warehouses: Industrial premises where goods are manufactured or stored.

Residential Properties

• Residential Care Premises: Including care homes, nursing homes, and any facility where care is provided to vulnerable individuals.
• Common Areas of Multi-Occupied Residential Buildings: This includes halls, corridors, and staircases in apartment buildings and flats. It does not cover individual private dwellings but focuses on the shared parts of the building.

Educational Establishments

• Schools and Colleges: Buildings used for educational purposes, from primary schools to higher education colleges and universities.

Entertainment and Leisure Venues

• Pubs, Clubs, and Restaurants: Premises used for leisure activities where a significant number of people gather.
• Theatres, Cinemas, and Similar Premises: Locations designed for public entertainment and performances.

Healthcare Premises

• Hospitals and Clinics: Buildings where medical and healthcare services are provided, including private clinics.

Community Halls, Places of Worship, and Other Public Gathering Places

• Churches, Mosques, Temples, and Synagogues: Any place of worship, regardless of size.
• Community Centers and Halls: Public spaces used for community gatherings and activities.

Other Accommodation

• Hotels and Hostels: Including bed and breakfasts, holiday rentals, and any form of temporary accommodation.
• Student Accommodations: University or college dormitories and residences.

Specialised Premises

• Transport Terminals and Interchanges: Such as airports, railway stations, and maritime ports, where people transit.
• Sports Arenas: Large venues used for sporting events.

The requirement for a fire risk assessment extends to virtually all non-domestic premises and aims to ensure that fire safety considerations are systematically addressed to protect occupants and visitors.

It’s important for the responsible person or entity managing or owning such premises to understand their legal obligations to conduct and regularly review their fire safety plans and risk assessments, implementing necessary fire safety measures to mitigate identified risks.

Who Can Legally Carry Out a Risk Assessment?

The “responsible person” is ultimately accountable for ensuring a sufficient fire risk assessment is performed. However, the actual task of conducting a valid fire risk assessment can be delegated to a competent person. Here’s how this is determined:

Responsible Person

The “responsible person” could be:

• An employer, in the case of a workplace.
• The owner of the premises.
• The landlord, in the case of rented properties.
• The occupier, such as a business tenant.
• Any person in control of the premises, such as a facilities manager or building manager.

Competent Person

While the responsible person has the legal duty to ensure a fire risk assessment is carried out, they do not have to do this themselves unless they are competent to do so.

Competency, in this context, means having the necessary knowledge, skills, and experience to identify fire risks and implement appropriate fire safety precautions measures. If the responsible person lacks this competency, they must appoint a “competent person” to carry out the assessment. This could be:

• An employee who has received appropriate training.
• A professional fire risk assessor or fire safety consultant.

A competent person should have:

• A clear understanding of fire safety principles and practices.
• Knowledge of fire safety legislation and guidance relevant to the premises in question.
• Experience in conducting fire risk assessments.
• The ability to identify potential fire hazards and assess the adequacy of existing fire precautions.
• The ability to develop a clear and effective fire safety plan that includes emergency procedures and measures to mitigate identified risks.

We would recommend choosing a qualified fire risk assessor from one of the nationally accredited registers, either the IFE or the IFSM register.

What Should I Do If I Need Help with My Fire Risk Assessment?

At Eyton Solutions, we offer a comprehensive fire risk assessment service designed to help you identify and manage potential fire risks within your workplace.

Our experienced team is adept in the nuances of fire safety and possesses the expertise to furnish you with the guidance and assistance necessary to ensure that your premises are not only safeguarded against the threat of fire but also fully compliant with current legal requirements. For more information regarding the range of services we provide, please don’t hesitate to contact us today.