New fire safety legislation from 1 October

Date published: 29 September 2006


From Sunday 1 October 2006, new Government legislation covering Fire Safety comes into force which will affect all non-domestic premises, throughout England and Wales. The new ‘Fire Safety Order 2005’ replaces all existing legislation relating to fire safety. Fire certificates will cease to have legal status with the emphasis now being placed on risk reduction and fire prevention. 

With commercial fires including the damage to property, loss of business, fines, compensation claims and insurance premiums costing the UK economy over £6.5 billion per year it is vital that businesses ensure they are aware of what the new legislation means to them and how they comply to keep their premises safe from fire risks.

The new Order focuses on two key concepts, that of the ‘responsible person’ and ‘risk assessment.’ This means that the ‘responsible person’ for each premises will be required to carry out a ‘risk assessment’ of the risks from fire to anyone who may use the premises whether working or visiting. Then, the necessary steps must be taken to reduce or remove that risk so it is as low as practicable. Only then should other fire protection measures be put in place.  This approach is expected to help prevent fire and may even reduce the need for costly protection measures. 

Fire and Rescue Services will be responsible for enforcing the ‘Order’ in their communities, inspecting premises and undertaking audits of the risk assessments carried out by businesses. For those who do not comply there could be financial penalties and action taken, but as Assistant County Fire Officer, Steve Beckley states: "The Service’s approach is more one of support than enforcement in the early stages.

“We recognise that this new legislation is a real shift for businesses with the responsibility being firmly placed on their shoulders for the risk assessment and fire safety of their premises. Fire is devastating to any business and it is vital that they take all the necessary steps to comply. Only by doing so can they really be sure that their risks are reduced, addressed and that they are as safe from fire as possible. As the enforcing Authority we have already held a number of seminars to educate businesses as to how they can undertake risk assessments and ensure compliance. Our approach in the first few months of the legislation coming in will be to support them in whatever way we can.”

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