Fire safety: an overview of the duties imposed on the "responsible person" by the Regulatory Reform (Fire Safety) Order 2005
The primary legislation governing fire safety for non-domestic premises, vacant buildings and the common parts of residential buildings is the Regulatory Reform (Fire Safety) Order 2005 (the RRO). The RRO extends not only to buildings but also to external and open areas such as; estate roads and paths, loading bays and car parks.
Recent legislative changes introduced by the Fire Safety Act 2021 (FSA 2021) provide clarity as to what qualifies as "common parts" of residential buildings. Section 1 of the FSA 2021 confirms that, where a building contains two or more sets of domestic premises, the RRO and the duties thereunder shall apply to the building's structure and external walls and any common parts and "all doors between the domestic premises and common parts". The FSA 2021 further clarifies that reference to external walls includes doors or windows within those walls and anything attached to the exterior of those walls (including balconies).
Who is the "responsible person"?
The burden of compliance with the requirements of the RRO lies with the "responsible person" as defined by article 3 of the RRO and means:
- In relation to a workplace, the employer, if the workplace is to any extent under his "control";
- Where the premises are not a workplace:
- The person who has "control" of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (whether or not for profit); or
- The owner, where the person in "control" of the premises does not have "control" in connection with the carrying on by that person of a trade, business or other undertaking.
There is no express definition of "control" in the RRO however relevant points for consideration when determining who has control of a property, or part thereof, are likely to include factors such as; whether the property in question has been demised for exclusive occupation under the terms of a lease and whether the person in question has been designated as responsible for the maintenance and/or general safety obligations in respect of the property under the terms of a lease or other contractual agreement. Duties to comply with the obligations imposed under the RRO may therefore extend beyond owners and tenants to also include managing agents and those with contracts for maintenance of a premises, depending on the terms of their appointment.
Duties of the "responsible person"
The main duties imposed on the "responsible person" pursuant to Part 2 of the RRO include a requirement to:
- Take such general fire precautions (set out at article 4 of the RRO) as are reasonably practicable to ensure the safety of any employees at, or in the vicinity of, the premises and to take such general fire precautions as are reasonably required to ensure that the premises are safe for any person who is (or may lawfully be) on the premises and any person in the immediate vicinity of the premises who is at risk from a fire on the premises ("relevant persons")
- Carry out a suitable and sufficient assessment of the fire risks at the premises, with a view to identifying what fire precautions are needed to ensure that the premises are safe for "relevant persons", and keep this assessment under review
- Keep a record of the findings of any fire risk assessment (and subsequent review), of any precautions that have or will be put in place to address findings and of any group of people identified in the risk assessment as being particularly at risk
- Put in place appropriate fire safety arrangements e.g.; provision of appropriate evacuation procedures, emergency routes and exits, emergency lighting and ensuring that emergency exits are kept unlocked and clear at all times; and
- Keep and maintain the premises and any fire-fighting equipment and devices in efficient working order and in good repair, where this is necessary to ensure the safety of "relevant persons" in the event of fire.
What happens in the event of breach?
Non-compliance with the duties imposed under the RRO can result in unlimited fines, imprisonment for a term of up to two years, or prohibition notices issued by enforcement authorities. Additionally, negligence could lead to civil claims for damages in the event of a fire as well as reputational damage. Prosecution can apply to individuals or organisations, including company directors or managers, if they are found to have failed in their duties under the RRO.
If you have concerns about your fire safety obligations or need advice on compliance generally, our team of experts at VWV are here to help.