Part 5: Other provisions about safety standards, etc. Fire safety Section 156: Amendment of Regulatory Reform (Fire Safety) Order 2005 Background
At present all Responsible Persons are required to undertake a fire risk assessment, but they are required to record the significant findings of that assessment only when they are an employer of five or more employees or where there is a licence in place, or an alterations notice under the FSO requiring this. Concern was raised during the call for evidence that it is difficult for enforcing authorities to evidence a breach of the Responsible Person’s duties under the FSO or for the Responsible Person to demonstrate compliance if the full fire risk assessment is not recorded. We are therefore introducing a requirement for all Responsible Persons to do so for all regulated premises. The Responsible Person will be able to access guidance to assist with completing and recording their fire risk assessment.
Example
The Responsible Person owns an office and has only three employees. They must undertake a fire risk assessment and update it regularly for the purpose of ensuring the safety from fire of their employees and/or any visitors or customers but they do not need to record their risk assessment. Another responsible person also owns an office but has 50 employees. They must also undertake a fire risk assessment and update it regularly and, additionally, record the significant findings of the assessment, but they are not required to record the full assessment.
Under this new provision all Responsible Persons, regardless of their individual circumstances, must record their fire risk assessment in particular the findings of the assessment including measures that have or will be taken to comply with the order and any group of persons identified as being especially at risk. The intention is to ensure enforcing authorities and other relevant persons (i.e. residents or employees) have access to the full risk assessment to aid authorities when enforcing the FSO and to provide assurance to relevant persons that fire safety risks in the building where they live or work are being safely and appropriately managed.