Fire Safety and appointing your Responsible Person

Who is the person responsible for fire safety in your organisation, business or commercial premises? It’s an important role and choosing the right person to fill it in your organisation is vital. As the designated “Responsible Person”, they will need to be capable and competent to: 

• Review fire risk assessments
• Implement fire safety measures
• Ensure safe escape routes for everyone in your premises, building or facility 

Their duties are laid out in the Regulatory Reform (Fire Safety) Order 2005 (FSO), plus elements of the Fire Safety Act 2021, the Fire Safety (England) Regulations 2022, and Section 156 of the Building Safety Act 2022.

Where does legal responsibility lie? 

Under the Regulatory Reform (Fire Safety) Order 2005 (FSO), the Responsible Person can be either an individual or the organisation that owns or controls any non-domestic premises.(1) This includes employers, owners, landlords, managers or occupiers. 

The FSO applies to nearly all non-domestic premises and the “common parts” of multi-occupied residential buildings. Under Article 3 of the FSO, the responsible person is usually:

• The employer (for workplaces) 
• The managing agent or owner (for shared parts of residential buildings)
• Any person with control over the premises (e.g. a contractor or facilities manager)

The Responsible Person can also be an entity such as your business, as a guide by the Home Office explains:

Core Requirements of a Responsible Person

The Responsible Person has key responsibilities, including:

• Commissioning a Fire Risk Assessment (FRA) to be carried out by a qualified person 
• Implementing fire safety measures across your premises
• Ensuring safe escape routes for all your building occupants, including staff and visitors. 
• Training staff in the correct use of fire safety equipment, including fire extinguishers and fire alarm systems
• Using logbooks to record their weekly, monthly and annual fire safety checks, and updating action plans on FRAs. 

This can be quite a daunting list! The good news is that at Spire FS, we can help your Responsible Person to complete all these requirements with professional assessments, bespoke solutions for fire safety measures specifically tailored to your business, and mapping of safe escape routes. 

We can also conduct training with your staff on the fire alarm, emergency light and fire extinguisher checks you need to do weekly and monthly, if required. 

Sort your fire safety legal requirements with Spire

Contact us for all your fire safety needs across the Midlands, London and the Home Counties.

Call us on 0800 112 3551, Email us, Fill in our form

Your Fire Risk Assessment (FRA)

Your Responsible Person must carry out a “suitable and sufficient” assessment of fire risks in your premises. Under Section 156 Amendments (Building Safety Act 2022), this FRA must be recorded in full, regardless of your number of employees or the size of your business. 

The FRA must include:

1. Identifying fire hazards
2. Identifying people at risk
3. Evaluating, removing, or reducing the risks
4. A full record of findings
5. An emergency and evacuation plan
6. Provision of suitable fire safety training
7. Regular updates to the assessment

Your Responsible Person can appoint a professional Risk Assessor to produce this, like one of our experts here at Spire. Their name must be recorded on the report.

Implementation of Fire Safety Measures

Your fire safety precautions should be in place primarily to prevent fires. Your Fire Risk Assessment should point you towards key areas that you may need to address, including:

Fire detection and warning systems

All systems need to be operational, reliable and provide full coverage of all areas. You may need to upgrade or replace older systems to meet the current requirements of your business. 

Emergency escape routes and exits

All escape routes must be clearly marked and lead to a place of safety. These routes need to be kept clear of obstacles and have emergency lighting in place. You also need to select a single safe meeting point for staff outside the premises. Remember to plan for any disabled staff who might need assistance.

Firefighting equipment

Not all fire extinguishers are the same. You need to provide the appropriate fire extinguishers for the risk, from the familiar CO2 fire extinguishers to specialist extinguishers such LFX extinguishers for Lithium-Ion battery fires. Other firefighting equipment might be required such as dry risers or sprinkler systems.

You also need to ensure all your extinguishers and other fire equipment items are regularly checked and serviced, preferably as part of a Planned Preventative Maintenance (PPM) plan. 

Signage requirements

Signs need to be visible, in the right locations and give the information required in the event of an emergency. Consider photoluminescent (glow in the dark) signage. 

Training and emergency procedures

Staff training is essential for both safety and efficiency. You may have the best fire safety system money can buy, but if you’re not regularly checking these systems and if staff don’t know how to use the emergency points or what the evacuation procedure is, they could be at risk.

Regular employee training

Your staff should be given comprehensive fire safety training when they first join the company, and whenever risks change. Regular refreshers will also be advisable, as many may not retain the information over time. (Ask your senior team how many remember of them how and when to use the different fire extinguishers, for example!)

Nominate competent persons

By appointing one or more “competent persons” (such as fire wardens), you can ensure someone is available to assist with evacuation and fire-fighting measures as required.

Drills and evacuation plans

Conduct fire drills on a regular basis, and practice a clear evacuation procedure too.

Talk to your neighbours

Many businesses owners don’t realise that if they are in a shared premises with multiple businesses or owners, their Responsible Person must share information with the other RPs in the building. 

All Responsible Persons need to: 

• Cooperate and coordinate their fire safety measures with other Responsible Persons and Accountable Persons.
• Share their contact details (including a UK address).
• Provide details the parts of the building they are responsible for.

In addition, if your Responsible Person leaves your business, they must first share the FRA and all relevant safety information with the new Responsible Person. 

Fire safety advice and avoiding penalties

Your local fire and rescue authority will visit your premises to check your fire risk assessment and check your fire safety measures. If they consider that your safety measures are not adequate, they can take actions including issuing:

• An alteration notice
• An enforcement notice
• A prohibition notice.

The bottom line is, as the .gov website says:

About the author

David Whiteside is both Founder and Managing Director of Spire. David has been involved in the Fire & Security industry for over 15 years, experiencing the services at all technical and project levels. With a keen eye for detail, a passion for quality of work and unparalleled customer service, David ensures Spire F&D delivers a service that meets and exceeds to the demands of any industry and sector.

REFERENCES

1. Home Office. (n.g.). Fire safety legislation: Guidance for those with legal duties. GOV.UK. https://www.gov.uk/government/collections/fire-safety-legislation-guidance-for-those-with-legal-duties
2. Home Office. (2023). A guide to making your small non-domestic premises safe from fire (v04). https://assets.publishing.service.gov.uk/media/651567fe7c2c4a001395e180/14.310_HO_How_To_Guide_FINAL_RX_v04_.pdf
3. Regulatory Reform (Fire Safety) Order 2005, SI 2005/1541, art. 3. https://www.legislation.gov.uk/uksi/2005/1541/article/3
4. London Fire Commissioner. (n.d.). Fire safety law explained. London Fire Brigade. https://www.london-fire.gov.uk/safety/the-workplace/fire-safety-law-explained/
5. BAFE Fire Safety Register. (n.d.). Fire safety law and guidance (England and Wales): Further guidance. https://www.bafe.org.uk/fire-safety-law-and-guidance-england-and-wales-further-guidance
6. Home Office. (n.d.). Workplace fire safety: Your responsibilities: Enforcement, appeals and penalties. GOV.UK. https://www.gov.uk/workplace-fire-safety-your-responsibilities/enforcement-appeals-and-penalties