Fire risk assessments:
what the law requires.
Under the Regulatory Reform (Fire Safety) Order 2005, the Responsible Person for any non-domestic premises in England and Wales is legally required to carry out - or arrange for a competent person to carry out - a fire risk assessment. The assessment must be written down if the premises employs five or more people, is licensed, or has an alterations notice in force.
A fire risk assessment is not a one-time exercise. It must be reviewed regularly and whenever there is a significant change to the premises, its use, or the number of people present. RTF Compliance carries out assessments for businesses, landlords and organisations across Essex and provides a written report that satisfies the legal requirement.
Who enforces this? Fire risk assessment compliance is enforced by the local fire authority - in Essex, that is Essex County Fire and Rescue Service. Failure to have a suitable and sufficient fire risk assessment in place can result in an enforcement notice, a prohibition notice (requiring you to close), an unlimited fine, or in serious cases, imprisonment.
Who is the Responsible Person?
The Responsible Person is whoever has control of the premises. This is typically:
- The employer, in respect of a workplace
- The owner, in the case of premises that are not a workplace
- The occupier, if they have control of the premises
- A managing agent or freeholder, in a shared building
In an HMO or block of flats, the landlord or managing agent is usually the Responsible Person for the common areas.
What does the assessment cover?
A fire risk assessment carried out by RTF Compliance covers five key steps as defined by the government's guidance:
1. Identify fire hazards
Sources of ignition, fuel and oxygen throughout the premises.
2. Identify people at risk
Staff, visitors, contractors and any particularly vulnerable individuals.
3. Evaluate, remove or reduce
Assessing the risk level and identifying measures to reduce or eliminate hazards.
4. Record, plan and train
Written record of findings, an emergency plan and training requirements.
5. Review
Clear recommendation on when the assessment should next be reviewed.
Action plan
A prioritised list of recommended actions, with guidance on urgency and implementation.
Which premises need a fire risk assessment in Essex?
The requirement applies to virtually all non-domestic premises, including:
- Offices, shops and retail premises
- Restaurants, cafes, takeaways and licensed premises
- Warehouses, factories and industrial buildings
- Schools, colleges, nurseries and childcare settings
- Hotels, guesthouses and bed and breakfasts
- Care homes, supported living and residential care facilities
- HMOs (houses in multiple occupation) and blocks of flats with common areas
- Churches, community halls and sports clubs
- Healthcare premises and veterinary practices
How often should the assessment be reviewed?
The law requires the assessment to be reviewed whenever it may no longer be valid. In practice, RTF Compliance recommends reviewing the assessment:
- Annually as a matter of good practice
- After any significant change to the building layout or use
- After a fire, near-miss or significant incident
- Following a change in the number or type of occupants
- After new hazardous materials or processes are introduced