Is a fire risk assessment a legal requirement?
A fire risk assessment is a legal requirement for most non-domestic premises, including workplaces, public buildings and communal areas in residential buildings. It serves as the foundation for all fire safety measures, identifying hazards, evaluating risks and recommending actions to prevent fires and ensure preparedness for emergencies. It is required that for all non-domestic premises, regardless of size, the fire risk assessment must be documented and maintained.
In England and Wales, fire safety is governed by the Regulatory Reform (Fire Safety) Order 2005 (commonly known as the Fire Safety Order). Similar but distinct fire safety legislation applies in Scotland and Northern Ireland.
Who has the responsibility of conducting a fire risk assessment?
The responsibility for conducting a fire risk assessment lies with the Responsible Person. This is typically the business owner, landlord or employer. However, the responsible person may delegate the task to a Competent Person. A Competent Person could be the Responsible Person themselves or someone else with the necessary skills, knowledge and technical expertise to identify fire hazards, evaluate risks effectively and ensure compliance with fire safety regulations.
The Responsible Person can appoint others to assist with day-to-day fire safety duties. These individuals are often referred to as Appointed Persons and Fire Wardens/Fire Marshals.
- Fire Wardens or Fire Marshals are responsible for implementing fire safety measures within the workplace or building. Their duties typically include assisting with evacuations, conducting fire drills, performing roll calls at the assembly points after evacuation, reporting fire hazards and ensuring that evacuation procedures are followed. Proper training is essential for this role.
- The Appointed Person is a broader definition and may refer to anyone assigned specific fire safety responsibilities, which can vary depending on the organisation’s needs.
The size and type of the organisation will influence how fire safety responsibilities are divided. Smaller organisations may assign all fire safety duties to the Responsible Person, while larger organisations can distribute these roles among multiple individuals as appropriate.
Is a fire risk assessment a legal requirement? New updates to the Fire Safety Order
On 1 October 2023, Section 156 of the Building Safety Act 2022 introduced changes to the Regulatory Reform (Fire Safety) Order 2005, expanding the responsibilities of the Responsible Person. These updates enhance fire safety and provide a stronger framework for non-domestic premises and buildings with two or more domestic dwellings (multi-occupied residential buildings). We’ll explore how these changes impact the conducting of fire risk assessments and what new things you need to take into consideration to comply with the new regulations:
- A fire risk assessment must now be completed for every business, with all findings documented in writing, regardless of the size of the business or the number of employees. Previously, only businesses with five or more employees were required to keep a written fire risk assessment. These assessments should also be reviewed regularly.
- Under the new rules, the entire findings of the fire risk assessment must be recorded. This includes identifying all potential hazards, outlining actions to address them and implementing fire safety measures throughout the building. Previously, only “significant findings” needed to be documented for non-domestic premises.
- You need to ensure fire risk assessments are conducted by a competent professional and the name and company of the assessor must be recorded, along with a UK address for accountability.
In addition to the changes above, the Building Safety Act introduces further updates to the Fire Safety Order, including stricter regulations for high-rise buildings, enhanced information sharing in multi-occupied residential buildings and higher fines for non-compliance.
Fire Wardens and fire risk assessments
Fire Wardens play an essential role in maintaining fire safety within the workplace, particularly in relation to fire risk assessments. Although Fire Wardens are not responsible for conducting the fire risk assessment itself unless they have been explicitly trained and appointed as the Competent Person. Fire Wardens may often get involved with the following aspects of the fire risk assessment:
- Identifying and reporting hazards: This involves conducting regular checks of the premises to spot potential fire risks, such as blocked exits or faulty equipment. Any hazards identified should be reported to the Responsible Person or Competent Person.
- Contributing to the process by providing feedback: They are encouraged to share their observations about fire safety risks or issues they encounter during their routine duties.
- Helping enforce fire safety measures: This often includes ensuring that the safety precautions outlined in the fire risk assessment are properly implemented, such as keeping escape routes clear and checking the functionality of fire doors. Fire Wardens also play a key role in reminding staff and other building occupants of their responsibilities regarding fire safety.
- Participating in emergency preparations: They can help implement the emergency plan developed from the fire risk assessment and actively participate in fire drills to ensure evacuation procedures. In the event of an actual emergency, Fire Wardens often support occupants during evacuations, providing guidance and assistance as needed.
Summary – Is a fire risk assessment a legal requirement?
The answer to the question, ‘Is a fire risk assessment a legal requirement?’ is a clear and unequivocal yes. Conducting a fire risk assessment is not only a legal requirement for most non-domestic premises but recent updates to the Fire Safety Order have made the process more stringent. It now requires comprehensive and fully recorded documentation of the results, regular reviews of fire risk assessments and performance by a person explicitly trained in the necessary technical knowledge. Additionally, the name, company and UK address of the assessor must also be recorded.
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