New fire safety legislation has been put in place in relation to non-domestic premises, such as workplaces and accommodation, in England and Wales.
This new legislation has been phased in following the disaster that was the Grenfell Tower disaster back in 2017 and applies to anyone that is the Responsible Person as defined under the Fire Safety Order in England and Wales. The Fire Safety Order applies to non-domestic premises, such as workplaces and accommodation provided that is not someone’s residence (such as hotel and bed & breakfast accommodation); as well as the communal parts of blocks of flats and certain parts of the building’s structure.
From October 2023, these legal changes require all Responsible Persons of the affected premises to:
- Record their fire risk assessment in full (previously only the significant findings needed to be recorded and only in specific circumstances).
- Record the identity of the individual (their name and/or if applicable, their organisation) engaged by them to undertake and/or review a fire risk assessment.
What’s more, all fire risk assessments for premises under the Fire Safety Order must be in writing. Previously, a written fire risk assessment was only required when there were five or more employees.
Those carrying out risk assessments must have an appropriate level of competence to do so. Whilst this provision of the legislation has not commenced yet, a new sub-section 4 of Section 156 of the Building Safety Act 2022, will place a legal duty on the Responsible Person that they must not appoint a person to assist them with making or reviewing a fire risk assessment unless that person is competent.
This provision will not commence in England until a system has been put in place by the Government to verify competence against a clear definition and against a comprehensive set of standards of competency.
Whether you’re an employer of a business or the management agent for a block of flats, it’s essential that you now begin to consider the competence of the individuals conducting your fire risk assessment early on in the process.
The Fire Safety (England) Regulations 2022 were introduced in January 2023, which apply to England only, to implement the majority of those recommendations made to the Grenfell Tower Inquiry.
Legislation under the Building Act 2022, which has also applied in Wales since October 2023, sets out requirements for sharing fire safety information with residents in respect of all multi-occupied residential buildings with 2 or more sets of domestic premises.
Additional requirements apply to responsible persons of high-rise residential blocks of flats and multi-occupied residential buildings above 11 metres in height. The management of fire risk in high-rise buildings can be complex, especially where there are shared tenancies and social landlord issues, whilst also considering the new Social Housing (Regulation) Act 2023, which regulates social housing.
At MBO Safety Services, we take pride in offering fire risk assessments to those across many sectors. One of our health and safety consultants will be able to fully assess any potential risks of fire on the premises and can offer in-depth guidance on this.
Please feel free to get in touch and we would be happy to discuss this further with you.
Telephone: 01691 688723
Email: info@mbo.ltd