Fire Safety Law and Regulations: Explained

It’s crucial that every step is taken to thoroughly understand and implement legal obligations where fire safety is concerned. Here, we cover all the basics, thoroughly explaining the Regulatory Reform Fire Safety Order 2005 (RRFSO), touching upon British Standards, taking a good look at fire risk assessment and the responsible person, and outlining the consequences for non-compliant businesses and building owners.

What is the Regulatory Reform (Fire Safety) Order 2005 (RRFSO)?

More commonly known as the ‘Fire Safety Order’ or RRFSO, the Regulatory Reform (Fire Safety) Order 2005 is the main fire safety law in the UK, and a reform of the previous law relating to general fire safety in non-domestic premises.

Prior legislation was developed in piecemeal fashion, making it inconsistent and difficult to follow. The aim of the RRFSO was to simplify, rationalise and consolidate existing legislation. This reformed law adopts a risk-based approach to fire safety, allowing for more efficient, effective enforcement by the fire and rescue service and other enforcing authorities.

Who does the RRFSO apply to?

Anyone who owns, manages, or operates a business in England or Wales must comply. The RRFSO applies to almost all buildings, places, and structures other than individual private homes. It’s important to note that every industry will have further relevant regulations, so be sure to check which apply. For example, those in the construction industry must also abide by the Fire Safety Act 2021, PAS 9980 and the Building Safety Act 2022.

In Scotland, fire safety is stipulated by the Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006. In Northern Ireland, legislation includes the Fire and Rescue Services (Northern Ireland) Order 2006 and Fire safety Regulations (Northern Ireland) 2010.

British Standard

A British Standard refers to the specification of recommended procedure, quality of output, terminology and other details, in a particular field. British Standards are produced by the BSI Group, which is incorporated under a royal charter and formally designated as the national standards body for the UK.

One standard to note is BS 9999, which provides recommendations and guidance on the provision of measures to control or mitigate the effects of fire, including business continuity and the environment. The primary objective of the standard is to ensure that a reasonable standard of life safety can be achieved in the event of fire in the building.

The building in question will determine all the specific applicable standards, but a good starting point is the gov.uk website, which provides guidance for most premises and circumstances. Those responsible for specialised housing (such as sheltered, extra care, or supported housing) will find the NFCC Specialised Housing Guidance helpful. For information about requirements of purpose-built dwellings such as blocks of flats, the government provides useful information in its downloadable publication. Finally, for more information about shared houses, bedsits and houses in multiple occupation (HMOs), check this LACoRS guidance. 

With regards to fire extinguishers, BS 5306 concerns “Fire extinguishing installations and equipment on premises” with two parts dealing with fire extinguishers in particular. BS 5306-3: 2017 specifies the standards for the commissioning and maintenance of portable fire extinguishers, while BS 5306-8: 2012 concerns the selection and positioning of portable fire extinguishers.

The responsible person and fire safety training

The designated responsible person, usually an employer or occupier, or owner of a premises, must ensure the required standards are met, and that employees are provided with ‘adequate fire safety training’. What constitutes adequate fire safety training varies from business to business. However, it generally includes induction training to cover general fire awareness plus periodic refresher training, or extra training where the level of fire risk increases as a result of changes in operations.

Training to support people in meeting their fire safety duties must also be offered, and there should be training to build appropriate skills such as using fire extinguishers or conducting fire risk assessments. The responsible person must ensure appropriate fire detectors, warning systems and firefighting equipment are installed and maintained.

Fire risk assessments

Carrying out a thorough fire risk assessment to identify the risks and hazards in a commercial premises is mandatory. By law, if you’re responsible for the premises, you need to ensure that a fire risk assessment has been completed by a competent person. Additionally, a fire risk assessment must be recorded if there is a total of five or more employees, or the business has a licence under enactment in force.

Alongside considering who may be particularly at risk, the responsible person is required to eliminate or reduce the risk of fire as far as is reasonably practical. They must provide general fire precautions to alleviate or deal with any risk – such as ensuring the appropriate fire safety signage is in use and, as advised by the British Standards, the correct fire extinguishers are installed, regularly serviced and maintained by a competent person.

In addition to creating a plan to deal with any emergency (and where necessary, record any findings), the responsible person must maintain general fire precautions and facilities provided for use by firefighters. Any findings of the risk assessment should be kept under review.

Consequences for non-compliance

If non-compliance with the law is discovered, action will be taken. This can range from information and advice being provided by relevant authorities, to prosecuting those responsible in a court of law. Serious offences may result in fines and/or imprisonment. Information on those who are prosecuted or who fail to meet their responsibilities will be shared on the National Fire Chiefs Council (NFCC) website.

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