154.This section sets out the responsibilities of an accountable person for an occupied regulated building, and of any other person treated as an accountable person under section 36 with regards to the management of fire safety risks relating to the parts of the building for which the person is responsible. Regulations under section 16 will set out the parts of regulated buildings for which accountable persons are responsible.
155.The accountable person must take all reasonable steps to prevent a fire risk materialising in relation to the person’s part of the building and to reduce the severity of any incident that results from such a risk materialising.
156.In particular, the person must take all reasonable steps for:
	minimising the likelihood a fire will break out in that part,
	minimising the likelihood that if a fire does break out in or near that part, it will spread in, to or from that part,
	ensuring people who are at risk from fire in that part can escape quickly and safely,
	ensuring any fire in that part can be fought promptly and effectively.
157.The aim is to ensure the safety of anyone in or about the building in relation to fire risks even if a fire does happen.
158.The steps that an accountable person would need to take would be likely to be in response to fire risks identified by the fire risk assessment for the building, which is the responsibility of the principal accountable person, as set out in section 29, and to which an accountable person must have regard (subsection (4)). However, the accountable person must still take the steps set out in subsections (1) and (2) with or without a full, up to date fire risk assessment for the building. So, if a fire risk becomes apparent sometime after the fire risk assessment has been completed, it must be addressed; the accountable person cannot wait until a further fire risk assessment is completed.
159.The steps may include carrying out works (subsection (3)). The steps must be taken promptly (subsection (5)).
160.As well as requiring action to address fire risks, this section (subsection (6)) also requires accountable persons to make arrangements to plan, organise, control, monitor and review steps taken by them under this section, and to give effect to those arrangements.
161.Subsection (7) requires accountable persons to make a written record of the steps taken by them, and of arrangements made by them, under this section.
162.Subsection (8) provides Welsh Ministers with regulation making powers to make certain further provision about the requirements placed on accountable persons under this section. The regulations could, for example, specify what are ”reasonable steps” with regards to managing fire safety risks. The regulations may specify matters to which accountable persons must have regard, or principles they must act in accordance with, in determining what steps to take, and the taking of those steps, under this section.
163.The Safer Buildings in Wales White Paper set out some possible matters or “risk elements” with examples of “steps” which could be taken. The Welsh Government intends to set out matters such as these in regulations under this section, which will be subject to further consultation.
164.Regulations could specify requirements with which any arrangements an accountable person makes to manage fire safety risks would have to comply. This could, for example, be used where it is considered a specific requirement may be needed, for example around the inspection of fire doors or the maintenance of firefighting lifts.
165.The regulations may also specify information that must be included in a written record of arrangement made, or steps taken, under this section. This could be used to ensure an accountable person in capturing the necessary information to ensure a full, useful written record is created to, again, assist them and others in managing fire risks and provide proof of compliance with this section.
166.Subsection (9) provides that references to an accountable person in this section include those treated as accountable under section 36, so the duties in this section apply to those persons too (subject to the limitations in section 36 (2), (3) and (4)).
167.See also the note to section 7 which explains the effect of that section (inclusion of ancillary areas) on references to a “regulated building”.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Fire safety risks in regulated buildings Section 33 - Management of fire safety risks by accountable persons