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October 1st saw the introduction of the Regulatory Reform (Fire Safety) Order 2005 - the long awaited legislation which was expected to simplify fire safety laws for businesses.
Anyone responsible for business premises in England and Wales must take action to ensure that they manage fire safety.
Fire safety laws have not yet changed in Scotland and Northern Ireland but new legislation, based on the English version, is imminent.
What are the main requirements of the Order?
The main requirement of the Order is for a responsible person to carry out a Fire Risk Assessment. The Fire Risk Assessment must focus on the safety in cases of fire of all 'relevant persons'.
In addition to a Fire Risk Assessment, the responsible person must do the following:
· Appoint one or more competent persons to assist with fire safety.
· Provide employees with clear and relevant information on the risks to them identified by the Fire Risk Assessment, about measures taken to prevent fires and generally, how they will be protected in the event that a fire occurs.
· Consult with employees about fire safety matters.
· Take special steps regarding the employment of young people and inform their parents about the fire measures that have been taken.
· Inform all persons who are not employees about fire safety measures in the premises, e.g. contractors and temporary workers.
· Cooperate with other responsible persons and coordinate fire safety matters in multi-occupied buildings.
· Inform the employer of any temporary workers from an outside organisation with clear and relevant information about how the safety of their employees will be protected in the event of fire.
· Consider any special precautions needed for managing fire safety from any dangerous, flammable or hazardous substances, including explosive.
· Establish a suitable means for contacting the emergency services and providing them with relevant information about dangerous substances.
· Provide all relevant persons, where reasonable, with suitable information, instruction and training on fire safety.
· Provide and maintain suitable fire fighting equipment, fire detection equipment, fire warning systems, emergency lighting etc. as is deemed necessary in the premises by the Fire Risk Assessment.
· Advise employees that they have a duty to cooperate with their employer so as to enable them to comply with their statutory duties.
The above is a general overview of the new Order. Most of the requirements were included in earlier laws and so will not be new for publicans.
The most important things to do as soon as possible are:
· Carry out a Fire Risk Assessment of the premises:
- Where could a fire start?
- Why could it start?
- Who would it affect?
- How can you prevent it from happening?
- What controls do you need to put in place to protect people if the fire happens?
- Remove or reduce the risk.
- Record the findings, communicate and train.
- Monitor and review your findings.
· If you already have a Fire Risk Assessment, review it! Make sure you have considered your customers, people with disabilities, contractors etc.
· Amend any documents you have.
· Appoint competent persons to manage fire safety - this could be you!
· Review your training on fire safety - have you updated staff lately, carried out fire drills, had fire extinguisher training?
· Consider if you have any young people under the age of 18 working for you. They need special consideration.
· Consider the fire safety arrangements needed to protect your customers - previous legislation only really applied to employees.
If you've had a Fire Certificate you will probably not need to do much more than follow the requirements.
The last major new area a publican needs to review is Safe Occupancy. Most Fire Authorities are expecting to see Safe Occupancy limits included in your Fire Risk Assessment - they need to be sure that the number of people who could be on the premises is equal to or less than the means of escape capacity of all the fire exit routes. Many premises licences are stipulating Safe Occupancy levels.
Calculating Safe Occupancy levels is not complicated but you will need to know the risk rating for your premises, fire exit widths and then remember to discount the widest fire exit from the calculation.
A series of Fire Risk Assessment guides have been published by the Government and publicans will need to be aware of:
· Small and Medium Places of Assembly
· Large Places of Assembly
All guides are available to download for free from:
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