Fire Safety in blocks of flats | Relevant legislation Pt 3 - Regulatory Reform (Fire Safety) Order 2005

Fire Safety in blocks of flats | Relevant legislation Pt 3 - Regulatory Reform (Fire Safety) Order 2005

In the third part of our series on legislation which is relevant to fire safety in blocks of flats, we look in practical day-to-day detail at the Regulatory Reform (Fire Safety) Order 2005 (known commonly as the Fire Safety Order or FSO).

The FSO applies to common parts of a block of flats and any working rooms, such as those used by a caretaker or maintenance personnel. The FSO means that a responsible person is nominated as being the one responsible for certain duties and legal requirements. A responsible person can be a nominated person within an organisation or company, or if no responsible person is nominated, is considered to be the business owner or manager. The term can also apply to commercial tenants or agents managing a site.

The responsible person (RP) is, in the main, responsible for maintaining a suitable standard of fire safety within the common areas of the premises and any areas used for work purposes. They have a duty of care to ensure that appropriate measures are in place to prevent fire and make the premises fire safe.

An RP must carry out a full fire risk assessment to establish which areas pose a potential risk, and from that document, form a fire safety plan which will address any deficit in the following areas:

• Fire risk reduction and avoiding the spread of fire.
• The facilitation of straightforward evacuation through signage, lighting etc.
• Fire extinguishers - not in common parts, but in relevant areas such as plant rooms.
• Fire alarm systems - again, not usual in common parts of a block of flats.
• Construction and delivery of the emergency plan to all residents.
• Fire fighter facilities as required, and maintained as appropriate.

Of course, the fire risk assessment does not cover individual flats within a block, but rather just the common or commercial/work purpose areas of the building.

In cases where the RP, or company, has more than five employees at any location, the findings of the fire risk assessment must be recorded and the details of actions arising from the FRA also. It is essential that any fire risk action required as a result of the FRA is deemed to have been given full consideration and appropriate action taken.

FSO's are subject to enforcement by the Fire Service. At any time, the Fire Service can decide to undertake an inspection on your premises and, if fire safety provision or relevant fire risk assessment paperwork cannot be produced, enforcement action will be taken. In cases where the breach is of a serious nature, it may be that the premises are forced to close until the issue is resolved and the building is deemed safe for habitation.

A failure to adhere to the terms of the FSO can result in fines of up to £5000 at the magistrates court and an uncapped fine and a prison sentence of up to two years at crown court. Notices given as a result of an audit can be appealed up to 21 days after issue at a magistrates court. If an agreement cannot be reached between the two parties (the company owning or managing the premises and the Fire Service) then the Secretary of State can be asked to provide a definitive decision, which the parties must adhere to.

Next week's blog will look at the areas where the three legislations discussed so far in this series overlap. In the meantime, read more about achieving fire safety and how to comply with legislation on our website and call Peter Gyere on 0208 668 8663 if you would like more information on how Complete Fire Safety Management's online fire risk assessment platform could benefit your business.