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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Regulatory Reform (Fire Safety) Order 2005 is a piece of legislation in the United Kingdom that aims to promote fire safety in non-domestic premises. The purpose of the Order is to reduce the risk of fire and ensure that people can safely evacuate in the event of an emergency.
The Order applies to all non-domestic premises in England and Wales, including workplaces, commercial buildings, and public areas. The requirements of the Order include carrying out a fire risk assessment, implementing fire safety measures, providing fire safety training for employees, and appointing a responsible person to oversee fire safety in the premises.
The Order places the responsibility of fire safety on the owner, occupier, or employer of the premises. Failure to comply with the requirements of the Order can result in legal action, including fines and imprisonment.
The Regulatory Reform (Fire Safety) Order 2005 requires that a fire risk assessment be carried out in all non-domestic premises to identify potential fire hazards, assess the risks to people from those hazards, and identify measures to control or eliminate those risks.
The fire risk assessment must be based on available evidence and knowledge of fire safety, and should take into account factors such as the nature of the building, the number and nature of occupants, the activities carried out in the building, and the presence of any flammable or combustible materials.
In addition to the fire risk assessment, the Order requires that evidence be provided to demonstrate that fire safety measures are in place and effective. This may include evidence of regular testing and maintenance of fire alarms, extinguishers, and other fire safety equipment, as well as evidence of staff training and emergency evacuation procedures.
The responsible person for the premises is also required to keep records of the fire risk assessment and any actions taken to address identified risks, as well as any incidents or accidents related to fire safety. These records may be requested by fire authorities or other regulatory bodies to ensure compliance with the Order.
While The Regulatory Reform (Fire Safety) Order 2005 applies to most non-domestic premises in England and Wales, there are some exemptions to the Order. These include:
1. Domestic premises: The Order does not apply to private dwellings, such as houses, flats, and individual apartments. However, it does apply to communal areas of residential buildings, such as corridors, stairwells, and shared facilities.
2. Certain types of premises under other legislation: Some types of premises, such as mines, nuclear installations, and offshore installations, are covered by other fire safety legislation and are therefore exempt from the Order.
3. Certain types of vehicles: Vehicles used for public transport, such as buses and trains, are covered by separate fire safety regulations and are therefore exempt from the Order. However, other types of vehicles, such as mobile homes and caravans, are subject to the Order if they are used as places of work or for public access.
4. Some temporary structures: Temporary structures, such as marquees and tents, are exempt from the Order if they are in place for less than 28 days.
It is important to note that even if a premises is exempt from the Order, there may still be other fire safety legislation that applies, and it is the responsibility of the owner or occupier of the premises to ensure compliance with all relevant legislation.
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