Regulatory Reform (Fire Safety) Order 2005 & Fire Act 2005

Introduction

On the 1st October 2006 the Regulatory Reform (Fire Safety) Order 2005 (RRFSO) came into force in England and Wales and the Fire (Scotland) Act 2005 (FSA) came into force in Scotland. The RRFSO is the responsibility of the Department of Department for Communities and Local Government (DCLG), and the FSA is the responsibility of the Scottish Executive (SE).

The RRFSO and FSA revoked the following legislation applicable to construction:

• The Fire Precautions Act 1971
• The Fire Precautions (Workplace) Regulations 1997
• The Fire Precautions (Workplace) (Amendment) Regulations 1999
• The Fire Certificates (Special Premises) Regulations 1976

A full copy of the RRFSO can be accessed from: legislation.gov.uk/uksi/2005/1541/contents

A full copy of the FSA can be accessed from: legislation.gov.uk/asp/2005/5/contents

This new legislation revokes the significant number of fire related legislation that has been developed within the UK and Scotland over the years, and heralds the new regime based on fire safety risk assessment. The RRFSO and FSA cover all workplaces and the supply of fire-fighting equipment located in the common areas of private dwellings.

Except the removal of the requirement to obtain a fire certificate for the construction office and welfare facilities, the fire precautions and emergency arrangements on construction sites will remain the same as before the new legislation came into force. The requirement for a suitable and sufficient fire risk assessment for the site remains, as does the requirement to review and amend this assessment as the site layout and materials and processes in use change during the construction programme.

Content of the RRFSO

Part 1 - General

1. Citation, commencement and extent
2. Interpretation
3. Meaning of "responsible person"
4. Meaning of "general fire precautions"
5. Duties under this Order
6. Application to premises
7. Disapplication of certain provisions

Part 2 - Fire safety duties

8. Duty to take general fire precautions
9. Risk assessment
10. Principles of prevention to be applied
11. Fire safety arrangements
12. Elimination or reduction of risks from dangerous substances
13. Fire-fighting and fire detection
14. Emergency routes and exits
15. Procedures for serious and imminent danger and for danger areas
16. Additional emergency measures in respect of dangerous substances
17. Maintenance
18. Safety assistance
19. Provision of information to employees
20. Provision of information to employers and the self-employed from outside undertakings
21. Training
22. Co-operation and co-ordination
23. General duties of employees at work
24. Power to make regulations about fire precautions

Part 3 - Enforcement

25. Enforcing authorities
26. Enforcement of Order
27. Powers of inspectors
28. Exercise on behalf of fire inspectors etc. of their powers by officers of fire brigades
29. Alterations notices
30. Enforcement notices
31. Prohibition notices

Part 4 - Offenses and appeals

32. Offences
33. Defence
34. Onus of proving limits of what is practicable or reasonably practicable
35. Appeals
36. Determination of disputes by Secretary of State

Part 5 - Miscellaneous

37. Fire-fighters' switches for luminous tube signs etc.
38. Maintenance of measures provided for protection of fire-fighters
39. Civil liability for breach of statutory duty
40. Duty not to charge employees for things done or provided
41. Duty to consult employees
42. Special provisions in respect of licensed etc. premises
43. Suspension of terms and conditions of licences dealing with same matters as this Order
44. Suspension of byelaws dealing with same matters as this Order
45. Duty to consult enforcing authority before passing plans
46. Other consultation by authorities
47. Disapplication of the Health and Safety at Work etc. Act 1974 in relation to general fire precautions
48. Service of notices etc.
49. Application to the Crown and to the Houses of Parliament
50. Guidance
51. Application to visiting forces, etc.
52. Subordinate provisions
53. Repeals, revocations, amendments and transitional provisions

Schedule 1

• Part 1: Matters to be considered in risk assessment in respect of dangerous substances
• Part 2: Matters to be taken into particular account in risk assessment in respect of young persons
• Part 3: Principles of prevention
• Part 4: Measures to be taken in respect of dangerous substances

Schedule 2

• Amendments of primary legislation

Schedule 3

• Amendments of subordinate legislation

Schedule 4

• Repeals

Schedule 5

• Revocations

HSE ACoPs and Guidance

All HSE documents are available to purchase or to freely download from the links below.

• HSG150 Health and safety in construction
• HSG168 Fire safety in construction (Second edition)

Other guidance on the requirements on construction sites can be seen at: http://www.hse.gov.uk/construction/safetytopics/generalfire.htm.

Sector-specific guides have also been produced for compliance with both the RRFSO and FSA. These documents provide guidance to employers, managers, occupiers and owners of work premises, describing how to comply with the RRFSO, perform fire risk assessment and identify the fire precautions required, and are available as follows:

• Offices and shops
• Factories and warehouses
• Sleeping accommodation (Excluding residential care premises and hospitals)
• Residential care premises
• Educational premises
• Small and medium places of assembly
• Large places of assembly
• Theatres, cinemas and similar premises
• Open air events and venues
• Healthcare premises
• Transport premises and facilities

The guides can be purchased in hard-copy from the Department for Communities and Local Government (DCLG) or can be downloaded free of charge from: www.firesafetyguides.communities.gov.uk.

The Scottish Executive has also prepared guidance to inform persons with fire safety responsibilities for non-domestic premises under the Fire (Scotland) Act 2005. The guidance and other fire safety information have been made available on the Scottish Executive fire safety website, www.infoscotland.com/firelaw.