Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire Safety) Order 2005 or "the Fire Safety Order" applies across England and Wales and came into force on 1 October 2006.

What does this mean for you?

The Order affects all non-domestic premises and even applies to certain activities taking place outdoors. See 'where does the new legislation apply' for examples. The Fire Safety Order places the emphasis towards risk reduction and fire prevention. Fire certificates are no longer issued.

Responsibility for complying with the Fire Safety Order rests with the 'responsible person'. In a workplace, this is the employer and any other person who may have control of any part of the premises, for example, the occupier or owner.

In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other.

If you are the responsible person you must carry out a fire risk assessment which must focus on the safety in case of fire of all 'relevant persons'. It should pay particular attention to those at special risk, such as young people, the disabled and those with special needs, and must include consideration of any dangerous substance likely to be on the premises. You will also need to produce an 'emergency plan'.

Your fire risk assessment will help you identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions you need to take to protect people against the fire risks that remain.

Where:

• a licence under an enactment is in force,
• an Alterations Notice under the Fire Safety Order requires it, or
• you are an employer and have five or more employees,

the emergency plan and the findings of the risk assessment must be recorded. The details must include existing control measures, those which will be put in place and any persons identified as being especially at risk.

Where does the new legislation apply?

The Fire Safety Order applies to virtually all premises and covers nearly every type of building, structure and open space. For example:

• offices and shops
• premises that provide care
• community halls
• common areas of houses in multiple occupation
• pubs, clubs and restaurants
• schools
• tents and marquees
• hotels and hostels
• factories and warehouses

But it excludes purely domestic premises occupied by a single family group.

Useful links and contacts

• Do you have a question? Email RRO@london-fire.gov.uk
• Find out more about Fire Safety Law and guidance documents 
• Carry out a self assessment of your compliance  
• Visit the Fire Gateway
• Licensing 2003 - guidance for applicants [ PDF 176kb] the new Licensing Act 2003 makes local authorities responsible for licensing premises that sell alcohol, or provide regulated entertainment or late night refreshment. Use this guidance to find out if you also need to consult us (the fire authority) about your premises licence application and how we can help you reduce the risks from fire.

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