In response to the Grenfell Tower tragedy, the Building Safety Act 2022 (“the BSA”) received Royal Assent in April 2022 and has significantly amended the Regulatory Reform (Fire Safety) Order 2005 (“Fire Safety Order”) by imposing certain obligations on all Responsible Persons.
These requirements are also relevant to all non-domestic properties, such as workplaces, commercial premises, premises accessible to the public, and the non-domestic parts of multi-occupied residential buildings.
If you are a business in occupation of a non-domestic property, you may be a Responsible Person and hence, are required to comply with certain obligations.
Who are Responsible Persons?
Section 156, in conjunction with the Fire Safety Order, defines Responsible Persons. For any premises covered by the Fire Safety Order, a designated Responsible Person will be assigned.
If the premises are a workplace under the control of an employer, the employer will be the Responsible Person under the Fire Safety Order. The Responsible Person is often a business entity, as the employer is defined as the entity with control over the premises where employees work. As such, the entity as an occupier, will be required to adhere to certain duties as the Responsible Person.
What are the Duties of Responsible Persons?
Broadly speaking, as a Responsible Person occupying the premises for business purposes, it must carry out a fire risk assessment of the premises and review it regularly. The Responsible Person is also required to implement and maintain appropriate fire safety measures and emergency plans, as well as provide fire safety instruction and training to staff.
Recording Risk Assessments
From 1st October 2023, regardless of the type of building a commercial tenant occupies, or the size of the business, the Responsible Person must record its Fire Risk Assessment in full. The government has provided a 5-steprisk assessment process to ensure that adequate fire protection measures are in place to protect both the premises and everyone within them.
Where the Responsible Person employs a fire risk assessor to carry out the Fire Risk Assessment, it must also record both the assessor’s name and the organisation’s name. Ultimately, it is the Responsible Person’s overarching duty to ensure that the fire risk assessment is both suitable and sufficient.
Cooperation between Responsible Persons
The premises from which a business is operating may be shared with other businesses. In such cases, the likelihood of having multiple Responsible Persons is high. Where this is the case, the Responsible Person has a duty to cooperate with other Responsible Persons within the building. This duty aims to ensure a cohesive approach to fire safety throughout the entire building.
The first step in cooperation is identifying any other Responsible Persons in the premises, such as other businesses. Further steps of cooperation include, sharing contact details with other Responsible Persons, maintaining a record of these details, and clearly communicating the extent of each Responsible Person’s responsibilities under the Fire Safety Order.
Incoming Responsible Persons and ensuring continuity of fire safety records
When there are new incoming Responsible Persons, the existing Responsible Person has a duty to provide all relevant fire safety information to ensure the continuity of fire safety records throughout the building’s lifetime.
Specifically, the existing Responsible Person must ensure that the following information is provided to the incoming Responsible Person:
· The fire risk assessment and review records;
· Details of any person who assisted with the fire risk assessment;
· The name and UK addresses of any Responsible Person or any person acting on behalf of the Responsible Person who will accept notices or any documentation;
· The identity of the Accountable Person; and
· Any information given under regulation 38 of the Building Regulations 2010.
If any disputes arise regarding cooperation duties, discussions should be held first with the Responsible Persons, landlord, or freeholder. If the matter remains unresolved, contacting the relevant enforcement authority should be considered.
Buildings Containing Two or More Sets of Domestic Premises
When the building the business operates from contains two or more sets of domestic premises, the Responsible Person has a duty to provide fire safety information to residents in that premises as well. Specifically, the following information must be provided to help residents feel safer in their homes:
· Any risks identified in the fire risk assessment, including any risks to individuals within the building that have been identified by other Responsible Persons;
· The fire safety measures in place for the protection of all occupants including provisions on escape routes, steps taken to limit the spread of fire, and clear instructions on what actions to take in the event of a fire;
· Details of the Responsible Person;
· The identity of any person appointed to assist with making or reviewing the fire risk assessment; and
· The identity of any qualified individual designated by the Responsible Person to carry out firefighting measures.
Offences and Fines
Article 32 of the Fire Safety Order sets out several offences, some of which can be committed by the Responsible Person or others with duties under the Fire Safety Order, while others can be committed by any individual.
Additionally, section 156 of the BSA has increased the level of fines which became applicable in April 2022, when the BSA entered into force. This change serves as a stronger deterrent against non-compliance.
