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What is the Legal Requirement for a Fire Risk Assessment?

26/01/2024 • by Chris Bird

The importance of Fire Risk Assessment legal requirements cannot be overstated. Businesses and organisations should strive to create safe and secure environments for their employees and visitors. Therefore, adhering to fire safety legal requirements becomes a fundamental obligation. But what is the legal requirement for Fire Risk Assessments?

In this blog, we delve into the intricacies of a Fire Risk Assessment (FRA), exploring the legal landscape that mandates them. Starting with the basic principles and finishing with specific regulations that govern different industries. We invite you to join us on a journey outlining the vital role that Fire Risk Assessment legal requirements play in ensuring compliance, safety and well-being. Let us demystify the essential legal requirements associated with Fire Risk Assessments.

Why were Fire Risk Assessment legal requirements updated?

In 2017, the devastating Grenfell Tower fire occurred. This served as a catalyst for significant updates to fire safety regulations across the United Kingdom. Since then, the UK has made many amendments in both The Regulatory Reform (Fire Safety) Order 2005 (FSO) and the enactment of the Fire Safety Act 2021.

The tragedy exposed critical shortcomings in existing regulations, particularly in the context of high-rise residential buildings. The Fire Safety Order (FSO), was initially introduced to streamline and consolidate fire safety laws. Following this incident, the FSO faced scrutiny for its perceived gaps in addressing the complexities of modern structures and external wall systems. The Fire Safety Act 2021 emerged as a response to the findings post Grenfell Tower.

In fact, the Fire Safety Act 2021 addressed the need for explicit provisions regarding external walls and fire doors. Especially in multi-occupied residential buildings. Also, these amendments have enhanced accountability and transparency. We now have a heightened focus on Fire Risk Assessments and their preventive measures. With a new robust and updated regulatory framework, we will prevent similar incidents, protect lives, and ensure the safety of occupants across diverse types of buildings.

The Regulatory Reform (Fire Safety) Order 2005 (FSO)

Fire Risk Assessment legal requirements are managed through the Regulatory Reform (Fire Safety) Order 2005 (FSO). This legislation outlines several mandatory fire safety rules within the United Kingdom. The FSO places a legal duty to manage fire risks on the Responsible Person.

This comprehensive FSO covers a wide spectrum of measures, the Responsible Person must:

  • Consider who is especially at risk?

  • Identify potential fire hazards.

  • Remove or reduce the risks of a fire.

  • Provide ample storage for combustibles where necessary.

  • Install and maintain fire safety equipment.

  • Create an emergency plan.

  • Review findings where necessary.

  • Provide employee training. 

Please note, this blog serves as an overview of the legislation and should be read in conjunction with The Regulatory Reform (Fire Safety) Order 2005 and the associated guidance.

Who is the Responsible Person?

In workplaces, the employer is designated as the Responsible Person (RP), while in other settings, any individual with a degree of control or ownership may assume this role. By law, individuals responsible for a premises are required to ensure the completion of a Fire Risk Assessment. 

Fire Risk Assessments must: 

  1. Be conducted by a competent person.

  2. Provide both a review and recommendations.

  3. Have all records been kept securely?

The Responsible Person, or someone acting on their behalf, is mandated to fulfil specific fire safety duties. For a premises with more than five employees, a written fire risk assessment is obligatory. The FSO emphasises a risk-based approach, tailoring fire safety measures to the specific characteristics and purposes of each building. If you're a landlord, find out more here

Fire Safety Act 2021

In tandem with the FSO, the Fire Safety Act 2021 represents a more recent legislative development, further refining the regulatory landscape.

This act extends the scope of fire safety responsibilities to encompass external walls and fire doors in multi-occupied residential buildings. It empowers fire and rescue authorities to inspect and enforce fire safety regulations more rigorously. Additionally, the Fire Safety Act 2021 ensures that Fire Risk Assessments explicitly consider the impact of any external wall systems on the safety of residents.

The act aims to enhance accountability, promote transparency and fortify the legal framework to better safeguard lives and property against the threat of fire. Together, the FSO and the Fire Safety Act 2021 establish a robust foundation for fire safety regulations, addressing both commercial and residential premises with a comprehensive and evolving approach.

How often should a Fire Risk Assessment be reviewed?

A Fire Risk Assessment (FRA) should be reviewed regularly to ensure its ongoing relevance and effectiveness. The frequency of reviews depends on:

  • The nature of the premises.

  • Changes in occupancy.

  • Alterations to the building layout or operations. 

  • Changes to Fire Risk Assessment legal requirements.

Generally, it is recommended to conduct a thorough review at least annually. However, more frequent reviews may be necessary if there are significant changes to the premises, such as renovations or the introduction of new processes. Regular reviews help identify emerging fire risks, validate the adequacy of existing preventive measures, and ensure the emergency procedures remain up-to-date, contributing to a proactive and robust fire safety strategy.

Conclusion

In conclusion, the Fire Risk Assessment legal requirements are critical. It ensures the safety and well-being of occupants in a wide range of buildings. So, what is the legal requirement for fire risk assessments? As mentioned above, it is predominantly driven by the Regulatory Reform (Fire Safety) Order 2005 (FSO) in the UK.

This blog has provided a comprehensive overview of the FSO, emphasising the responsibilities of the Responsible Person (RP) and the importance of conducting FRAs in adherence to the law. The Grenfell Tower fire tragedy in 2017 prompted significant updates to fire safety regulations, leading to the enactment of the Fire Safety Act 2021, which further refines the regulatory landscape by addressing specific concerns related to external walls and fire doors in multi-occupied residential buildings.

Together, the FSO and the Fire Safety Act 2021 establish a robust foundation for fire safety regulations, aiming to prevent similar incidents, protect lives, and enhance accountability and transparency in fire safety measures. By delving into the intricacies of these legal requirements, businesses and organisations can proactively create safe environments and mitigate the risks associated with fire hazards.

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