Fire safety in non-domestic premises is governed by a single piece of legislation that applies to virtually every workplace in England and Wales. Understanding it is not optional — a serious fire safety failure can result in prosecution, unlimited fines, or imprisonment.
The Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 (commonly called the Fire Safety Order or FSO) came into force in October 2006 and replaced over 70 pieces of fire safety legislation with a single framework. It applies to all non-domestic premises in England and Wales, including:
- Offices, shops, and retail units
- Factories, warehouses, and industrial units
- Hospitality venues, hotels, and restaurants
- Care homes, schools, and other public buildings
- Common areas of blocks of flats
In Scotland, equivalent duties are set out in the Fire (Scotland) Act 2005 and associated regulations. In Northern Ireland, the Fire and Rescue Services (Northern Ireland) Order 2006 applies.
The Fire Safety Order is enforced by your local Fire and Rescue Authority, not the HSE. Fire safety officers have powers to inspect premises, issue enforcement and prohibition notices, and initiate prosecution.
Who Is the Responsible Person?
The FSO places duties on the "responsible person." In a workplace, this is typically:
- The employer, if the premises are used only as a workplace
- The owner, if the business is not the owner
- Any other person who has control of the premises — for example, a managing agent or facilities manager
Where there is more than one responsible person for a building — common in multi-occupancy premises — they must coordinate their fire safety measures. The 2022 amendments to the FSO (via the Building Safety Act 2022) strengthened these duties for higher-risk buildings.
The responsible person cannot delegate legal accountability. You can appoint a competent person to assist with fire safety management, but liability remains with you.
The Fire Risk Assessment Requirement
Under Article 9 of the FSO, the responsible person must carry out a suitable and sufficient fire risk assessment and identify the general fire precautions needed. If you have five or more employees, the significant findings must be recorded.
A fire risk assessment is not the same as a general workplace risk assessment, though the two should be consistent with each other. The fire risk assessment focuses specifically on:
- Identifying fire hazards (sources of ignition, fuel, and oxygen)
- Identifying who is at risk, especially those with particular vulnerabilities (mobility impairments, unfamiliarity with the premises, lone workers at night)
- Evaluating, removing, or reducing risks
- Recording findings, preparing an emergency plan, and reviewing the assessment
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Open toolWhat a Fire Risk Assessment Must Cover
A compliant fire risk assessment should address the following areas:
Sources of ignition. Electrical equipment, heating systems, cooking equipment, smoking areas, hot work (welding, cutting), and any other potential ignition sources in the workplace.
Sources of fuel. Anything that can burn: paper, cardboard, timber, textiles, plastics, flammable liquids, gases. The assessment should consider how these materials are stored and whether there is unnecessary accumulation.
Means of escape. Are escape routes clearly marked, unobstructed, and of adequate width? Do fire doors close correctly? Can all occupants reach a place of safety quickly, including those with mobility difficulties?
Fire detection and warning. Is there an appropriate fire detection system? Is it regularly tested and maintained? Can the alarm be heard throughout the premises?
Fire-fighting equipment. Are extinguishers of the correct type and number for the risks present? Are they within their service dates? Are hose reels, sprinklers, or suppression systems maintained?
Emergency procedures. Is there a written emergency plan? Do all employees know what to do? Have evacuation drills been carried out?
How Often to Review
The FSO requires the assessment to be reviewed regularly and whenever there is reason to suspect it is no longer valid — for example, after a significant change in the use of the premises, after a fire or near-miss, or after a significant change in the number of occupants.
Most fire safety professionals recommend a formal review at least annually, with more frequent checks of physical measures (escape route integrity, extinguisher condition, alarm tests) on a weekly or monthly basis. Fire alarm systems should be serviced at least every six months by a competent person.
The Cost of Getting It Wrong
Fire and Rescue Authorities can issue enforcement notices requiring specific improvements, prohibition notices stopping all or part of the use of a building, and prosecutions under the FSO. Fines are unlimited on conviction in the Crown Court. Directors and senior managers can be prosecuted individually where the offence is attributable to their consent, connivance, or neglect.
Beyond the legal consequences, a serious fire that injures employees or customers carries civil liability exposure and the potential for significant business interruption.
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