The Law
The Regulatory Reform (Fire Safety) Order 2008 (FSO) superseded The Regulatory Reform (Fire Safety) Order 2005 (FSO) which came into effect in October 2006 and replaced over 70 pieces of fire safety law.
The law changed in 2006, because the Government believes that those who own or run businesses are the best people to understand and manage fire safety on their premises, which in turn makes you responsible for taking steps to protect the people using your premises from the risk of fire.
It is a fundamental mistake not to make oneself aware of the obligations under the law. The Government does not inform anyone with regards changes or updates to legislation and it is quite clear that individuals, designated persons or their appointed agents must comply.
If you do choose to get advice or help from others, you are still legally responsible for the risk assessment. You are required to nominate a ‘Responsible Person’ within the organisation and will need to carry out a fire risk assessment. The assessment will help to identify risks that can be removed or reduced and decide the nature and extent of the general fire precautions you need to take. Fire certificates have been abolished and any that were issued previously are no longer valid.
The FSO applies to all non-domestic premises in England and Wales, including the common parts of blocks of flats and houses in multiple occupation (HMOs). The law applies to you if you are:
- Responsible for business premises
- An employer or self-employed with business premises
- Responsible for a part of a dwelling where that part is solely used for business purposes
- A charity or voluntary organisation
- A contractor with a degree of control over any premises providing accommodation for paying guests
If you have any paying guests, even in your own home, you must comply with the law on fire safety and carry out a risk assessment. Any flat, house, cottage or caravan you rent out to others on a short-term arrangement or for a holiday is covered. It is your responsibility to carry out a risk assessment and put in place measures to protect anyone staying there.
For example, a landlord who wishes to rent an apartment / flat / house must at ensure that all risks have been evaluated and that the proposed occupier is made fully aware of the assessment and is informed in writing, that all precautions have been taken.
A fundamental issue is that curtains, sofas, beds etc. purchased from a ‘Domestic’ supplier are not necessarily Fire Proof. Sofas that carry the familiar ‘No Burn’ labels are only certified to self extinguish in a given area and time scale. 98% of landlords purchase curtains from department stores or similar. Most of these products do not have any fireproofing and as such must not be used in a ‘commercial’ ‘public’ ‘common parts’ situation without additional treatment. Properties rented through Estate and Lettings Agents are currently ‘Exempt‘ but this is likely to change. Even so it would be prudent to provide additional safety precautions by having furnishings treated in the interests of the clientèle.
Under the FSO, the nominated ‘Responsible Person’ must carry out a fire safety risk assessment and implement and maintain a fire management plan. A ‘Responsible Person’ is one who has read and understood the Risk Assessment requirements which are freely available. *(also see further reading)
*Further reading:
http://www.communities.gov.uk/fire/firesafety/firesafetylaw
http://www.communities.gov.uk/publications/fire/payingguests