This guide provides more information on the responsibilities identified in the guidance Check your fire safety responsibilities under the Fire Safety Order. It helps Responsible Persons and Duty Holders carry out their duties under the Fire Safety Order.
It can be used in both England and Wales.
It does not cover all circumstances or constitute legal advice. It is meant for non-specialists to understand if they may be the Responsible Person, or a Duty Holder. If you need further information beyond this guide you may want to seek specialist advice. This guide should be read in conjunction with the Fire Safety Order.
Responsible Persons
You have identified yourself as the Responsible Person which includes the following (these are non-exhaustive examples and will depend on the circumstances):
Employers (for workplace premises)
This may be an individual or a company and includes family-run businesses who may not naturally see themselves as a traditional employer. If the workplace is to any extent under their control the employer is the Responsible Person under the Fire Safety Order even if they have never visited the premises or appoint managers to run the business.
People with control of the premises
This can include occupiers or people conducting business, trade or other undertakings, or where it is not a workplace or there is no employer. This relates to premises that are workplaces, but where there is not a traditional employer/employee relationship such as premises operated by volunteers including village halls, scout huts, places of worship, guest houses and charity shops.
In multi-occupied residential buildings, managing agents are often appointed by the freeholder to manage the common areas of the building and may have control over this area of the building.
Depending on the contract, the management company could be the Responsible Person or the Duty Holder.
Owners
This is where neither of the above applies and 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. It can include the non-domestic parts of multi-occupied residential buildings where there is no management agent contracted to manage the building. It also includes unoccupied buildings which the Fire Safety Order applies to.
Fire safety measures to be taken by Responsible Persons
As the Responsible Person, you must comply with Articles 8 to 22 and 38 of the Fire Safety Order and any regulations made under article 24 as relevant, which set out how you ensure fire safety throughout your premises including a requirement to complete a fire risk assessment.
You must record the significant findings of this risk assessment including measures that have been or will be taken and any groups of persons identified by the assessment as being especially at risk if:
- you have 5 or more employees
- there is a licence under an enactment in relation to the premises (for example, an alcohol licence)
- there is an alterations notice in place in relation to the premises requiring this
Find out more about the fire risk assessment.
Examples of actions you should take include but are not limited to:
- minimise the risk of a fire occurring, and take steps to make sure that if a fire starts, it can’t spread through the building
- make sure escape routes are available and that any emergency exit doors are not locked and can be quickly and easily opened without needing a key
- where a door is shut for security purposes (such as in the stockroom of a shop), make sure this can be easily opened from the inside by installing push bar devices – these should not be blocked or obstructed
- make sure there is a way to detect fires and that this raises an alarm to alert everyone to evacuate – in larger premises where fires can start undetected by a person, this should be an automatic detection and warning system (in very small premises such as a corner shops with a small office or stockroom on the same level, it is possible that this could be achieved through the shout of ‘fire’, but only if there is no way that a fire can develop without being identified by a person)
- in a workplace, train staff on what to do if a fire happens
- in a residential building, tell the residents what the fire safety measures and evacuation strategy are
- co-operate and co-ordinate with other Responsible Persons where there is more than one (such as a shopping centre or a residential building on top of an office or a shop) – this will help make sure that any risks don’t affect each person’s remit
- check that shared escape routes are always clear for example by making sure a shop does not block the escape routes from a residential building when there is a delivery of stock
This is not a definitive list of actions to make you compliant under the Fire Safety Order. For further advice read the premises specific guide for your particular type of building, or contact a professional fire safety advisor or seek advice from your local fire and rescue service.
Duty Holders
Duty Holders are responsible for complying with the Fire Safety Order to the extent of their obligation. Your responsibilities will depend on the circumstances and level of control you have over the premises. Contracts and tenancy agreements may set out detail these responsibilities, but you should check this.
Duty Holders may include, but are not restricted to:
- a fire risk assessor – where the Responsible Person chooses to contract the services of a specialist to undertake the risk assessment on their behalf
- a fire alarm engineer
Fire risk assessors or other fire safety professionals (such as where an intrusive survey is required) may be employed to identify the safety measures required through a fire risk assessment to keep people safe in the event of a fire.
Fire alarm engineers are appointed to maintain, and if necessary, repair a key component of the fire safety measures for the premises.
These are examples only and other areas may be identified as requiring work to improve or maintain fire safety measures.
There will be other circumstances where you could be a Duty Holder depending on what is in your control which may be set out in your contract or tenancy agreement. You are deemed to have some control over the premises where this agreement obliges you to undertake maintenance or repairs.
Employees
As an employee you should follow fire safety measures put in place and co–operate with your employer to help them comply with their duties.
If you identify something dangerous, you must let your employer know.
You must not interfere with any measures put in place, for example, removing fire extinguishers from their brackets, propping open fire doors or placing covers over fire detection equipment.
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