The Regulatory Reform (Fire Safety) Order 2005 has expanded in scope - and in the wake of Grenfell, penalties for non-compliance are increasing. Do you know what is required of you to protect the occupants of your buildings?
The RRO (Regulatory Reform Act, 2005) replaced around 70 separate pieces of legislation that previously governed commercial fire safety. It is intended to ensure that there is a designated person responsible for taking reasonable measures to prevent the outbreak of fire for every building covered by the act. That same person also needs to do everything possible to make sure that occupants can escape safely from the building if a fire ever breaks out.
The law applies to; commercial businesses, shops, offices, care facilities, factories, warehouses, community halls, schools, pubs, restaurants, hostels, and hotels. Significantly, it applies to any business/person that is responsible for the common areas of ‘multi-family housing units’ - including those in high rise apartment blocks.
Under RRO 2005, you’re the person responsible for fire safety if you are deemed to have control of the premises. For example if you’re:
The responsible person must carry out a fire risk assessment of their building, review it regularly and have plans in place to deal with a fire emergency:
The risk assessment includes certain required steps:
Sources of fuel, oxygen and ignition must be stored separately and correctly to prevent accidental combustion
Are there any particularly vulnerable people who will be at extra risk in the event of a fire? These include children, old people and invalids, who may need extra help to ensure they are alerted and evacuated effectively. Make sure you know how you intend to plan for their safe evacuation in an emergency.
You need to evaluate the specific level of risk in your premises and act to remove fire hazards where possible.
There must be a suitable fire detection and alarm system in place. This will depend on the size and type of premises you are responsible for - but it must be able to detect a fire and trigger an evacuation in ALL circumstances. You can find out which category of fire alarm is suitable for your building using our guide here.
It may be suitable to have a multipurpose extinguisher with a guaranteed shelf life
You must ensure there is an escape route for every occupant of the building and that effective emergency signage is provided to guide those escaping a fire.
You will also need to
In addition, your risk assessment must be regularly reviewed and revised - to ensure it remains accurate and fit for purpose.
Those responsible for fire safety in multi-occupied residential buildings should also consider if they need to fit evacuation alert systems in line with the requirements listed in BS 8629:2019
There is currently a legal requirement for residential buildings over 18 meters high in Scotland to be fitted with an EAS, and it is a strong recommendation for new and existing high rises in England and Wales. In time, though, it is expected that English law will follow suit with Scotland to make EAS mandatory in certain buildings.
Following the Grenfell disaster, the government introduced a bill in 2019 to make changes to the RRO.
This bill, which will shortly become law, provides further clarification of the responsibilities for duty holders in multi-occupied, residential buildings.
Part of the intention is to ensure that communal and outside areas within blocks of flats are fully risk assessed and subject to fire protection measures. It is also intended to ensure that responsibility for these areas is clearly understood and defined.
The new bill states that the 'person responsible' under the act must manage and reduce the risk of fire around:
Both substandard cladding, window and fire doors have been found to have contributed significantly to the Grenfell tragedy.
It is expected that more of the recommendations of the Grenfell enquiry will also become law in the near future following the introduction of the Building Safety Bill. Duty holders will need to implement and prove they have implemented the following:
The new additions to the RRO (and those still in the pipeline) are providing further protections for building occupants and giving new powers to authorities to fine and imprison those who flout the regulation. Even minor penalties can now include a fine of up to £5,000. Meanwhile, major infringements can see penalties range from unlimited fines to a 2-year prison sentence.
The scope of the RRO has changed and those who own and manage residential blocks of all kinds must take note. Following Grenfell, major risks and safety issues have been highlighted that have fallen through the gaps for many years. It is your responsibility to ensure that you are aware of the changes to the law and meet any new regulation that applies to you.