Regulatory Reform (Fire Safety) Order 2005

1 October 2006 saw the implementation of new, simpler fire safety legislation that promotes self-regulation and places the requirement for compliance squarely on the employer.

A series of guides are available to assist business in Fire safety compliance can be found on the Department for Communities and Local Government web site

'A guide to making your premises safe from fire' (PDF, 359Kb) has been produced for smaller businesses. The text version of this document is also available in Polish(PDF, 196KB).

 Further information on the Regulations can be obtained by visiting www.fire.gov.uk/Workplace+safety

You can check your progress against compliance with the Regulatory Reform (Fire Safety) Order 2005 here https://www.fire.gov.uk/Workplace+safety/RROpageForForm.htm.


Statement of intent regarding the enforcement of fire safety by Suffolk Fire and Rescue Service

Suffolk County Council is the enforcing authority for the Regulatory Reform (Fire Safety) Order 2005 within Suffolk and applies enforcement procedures appropriate to the Enforcement Concordat published by the Better Regulation Task Force of the Cabinet Office.

Within the spirit of the legislation it is implicit that Suffolk County Council as primary enforcing authority for Regulatory Reform (Fire Safety) Order 2005,  within the county of Suffolk, has principal responsibility for enforcement of that legislation.

Suffolk Fire and Rescue Service will enforce the requirements of the Regulatory Reform (Fire Safety) Order 2005 within its publicised operating protocol or service level agreement and in the manner described by the current enforcement policy statement and Integrated Risk Management Plan – this is by necessity a dynamic policy based upon the assessment of risk of fire posed by different premises, types of premises and occupancies.  Targeting of fire safety enforcement resources will be aimed at those premises that are considered to pose the greatest risk to life safety.

Under the Regulatory Reform (Fire Safety) Order 2005 Suffolk Fire and Rescue is empowered to inspect premises to which the order applies in order to enforce the requirements of fire safety. Any term, condition or restriction imposed by the licensing or registration authority has no effect insofar as it relates to any matter imposed by the qrder.

Suffolk Fire and Rescue will undertake the role of consultee to Suffolk County Council to provide technical support for the enforcement of fire safety.

Consultation

Inter-agency operations should be defined by a service level agreement between [The Fire and Rescue Service/ Fire and Rescue Authority] and [name of agency]. It is anticipated that consultations will be accompanied by the following supporting documentation:

  1. operating schedule (or equivalent) for the premises or event in question.  Dependant upon the nature of the premises, this may include:
    1. responsible person(s) and contact details
    2. fire/evacuation strategy
    3. use(s)
    4. relevant operating times
    5. type, number and nature of occupant
    6. staffing levels and ratios
    7. firefighter access and facilities;
  2. record of significant findings under fire safety risk assessment; and 
  3. where premises are of a complex nature, a scale, or appropriate plan drawing of the proposed premises.  These should be single-line drawings containing sufficient detail to satisfy understanding of the risk-assessed proposals regarding fire precautions being submitted to enable verification of escape provision.

Duties of the responsible person

Within the definitions of the Regulatory Reform (Fire Safety) Order 2005 responsibility for compliance with the Regulations is the duty of the Responsible Person who must conduct a fire safety risk assessment and identify appropriate control measures.

The role of the Fire and Rescue Authority

The Fire and Rescue Authority will inspect and audit in accordance with publicised policy. In response to a consultation, a reply will normally take the form of the following categories:

  1. no objection;
  2. consultation process incomplete – insufficient detail has been provided to enable an adequate response to be formulated. The response may indicate the areas in which information is lacking;
  3. objection – the Fire and Rescue Authority intends to make representation against the proposal in the manner prescribed by the relevant legislation;
  4. recommendation – it is considered appropriate that supporting advice or information from the Fire and Rescue Authority is provided to the enquirer; and
  5. enforcement – as a result of the consultation the Fire and Rescue Authority will take enforcement action.

Additionally, the Fire and Rescue Service may:

  • conduct post-incident investigations;
  • investigate complaints relating to fire safety matters;
  • provide appropriate fire safety advice or information; and
  • when taking enforcement action, inform the relevant enforcing agency as soon as is reasonably practicable.

Role of agency

The Fire and Rescue Authority expects the (name of Agency) will inform them of any fire safety contraventions.

A copy of the RR(FS)O may be obtained by visiting the OPSI website.

A guide to making your premises safe from fire (PDF 359K) is available from CFOA.