Who is the responsible person for fire safety?

Every commercial premises must have a designated ‘responsible person’ for fire safety, to ensure precautions and preventive measures are in place to keep the building’s users safe. Here, we look at who the responsible person is, as well as explain where the term comes from and exactly what the role entails.

Who is responsible for fire safety in the workplace?

Fire can cause devastating loss to life and property, so preventing it is a vital part of health and safety management in any setting. The Regulatory Reform (Fire Safety) Order 2005 is the overarching legislation for fire safety in commercial premises. Alongside defining clear rules and responsibilities for workplaces and commercial buildings, the Order requires that the ‘responsible person’ provides and maintains satisfactory fire precautions. Article 3 of the Order explains the meaning of the responsible person, defining them in any workplace as the employer (should the workplace be under their control). Where the premises is not a workplace, the responsible person is the occupier or owner of the premises.

The role of responsible person for fire safety

Article 3 of the Order broadly outlines that the responsible person is culpable for the safety of all employees, as well as any person lawfully on the premises or in the vicinity and at risk from fire. In line with the Order, the responsible person must undertake general fire precautions. This includes taking any necessary steps to reduce the risk of fire, as well as implementing measures for fire detection and warning and installing firefighting equipment.   

Who is responsible for completing a fire risk assessment?

The responsible person, or an appointed specialist they deem competent, is required to ‘make a suitable and sufficient assessment of the risks to which relevant persons are exposed’. A fire risk assessment assesses the competency of existing precautions and identifies any requirement for additional measures or equipment. The risk assessment must ensure the building is fitted with appropriate firefighting equipment, fire detectors and warning systems and that all users of the building can evacuate safely in the event of a fire.

Who is responsible for fire safety awareness?

The responsible person must ensure staff are clear on what to do in case of a fire. Through the use of appropriate signage and training, staff must be kept fully up to date on when and how they can raise the alarm, and confident on where life-saving fire safety equipment can be found. The most effective way to ascertain whether people understand the steps to take in the event of a fire is to provide frequent training and hold regular evacuation drills. This can be overseen by an appointed fire marshal (or warden), who must check that any fire alarms work, as well as ensure all staff evacuate the building (by following fire exit signs) and meet at the assigned fire assembly point.

Who is responsible for enforcing fire safety legislation?

In addition to ensuring fire safety awareness, the responsible person is liable for the regular maintenance and inspection of fire extinguishers and other protective equipment. These tasks include:

Weekly

• Visual inspections of fire extinguishers.
• Testing of fire alarm systems.
• Checks of all escape routes (ensuring clear exits and fire doors and that fire escape/exit signs remain intact).

Annual

• Fire alarm inspections by an engineer.
• Fire extinguisher servicing by a trained technician. 

Who is responsible for using a fire extinguisher?

According to article 13 of the Order, the responsible person must nominate competent persons to implement firefighting measures (such as using a fire extinguisher) and ensure their training on this is appropriate and adequate. However, unless absolutely sure they can extinguish the fire themselves, competent persons should immediately seek help from emergency services. If there is any sort of doubt the fire can be managed internally, competent persons should evacuate the building using the designated evacuation path and evacuation point.

What happens if the responsible person doesn’t comply?

Failure by the responsible person to carry out the duties as defined in the Order is a criminal offence and is treated extremely seriously – it could mean the difference between life and death. In most cases, a breach will result in the fire authority working with the responsible person to achieve safety levels that are appropriate and satisfactory. If the breach is thought to be a genuine risk to life, a notice may be issued preventing use of the building until the inadequacy is rectified. However, in serious cases, where there has been a blatant disregard for life, fines and even imprisonment can be the penalty.

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