Property briefing - Legislation has been updated on fire safety

Mar 26 2008 by Richard Freeman-Wallace, The Journal

DEVASTATION caused by fire can destroy a business, and that of neighbouring properties. In February a fire at the Imperial Swallow in Jesmond, Newcastle, left nearly every room badly damaged. Recovering from such an overwhelming event can take time and money that many smaller businesses do not have.

The Government recognised the need to update fire safety legislation by introducing the Regulatory Reform (Fire Safety) Order in 2006.

The fire regime affects all UK businesses. The changes were designed to make regulations easier to comply with by reforming fire safety laws contained in more than 100 pieces of legislation.

The regulations mark a move towards greater emphasis on fire prevention in all non-domestic properties, including the voluntary sector and self-employed people with premises separate from their homes.

Fire certificates have been replaced by a risk assessment approach aimed at protecting relevant persons – those people who are lawfully on the premises, or anyone in the immediate vicinity and at risk from a fire.

Businesses that do not comply could face a range of penalties, from a fine of up to £5,000 imposed by the magistrates’ court to an unlimited fine and up to two years’ imprisonment by the crown court.

Unlike the old system, which simply required a business to possess a fire certificate, the new regime requires a continuous risk assessment approach.

The buck stops with the responsible person, who has to prove that he or she took all reasonable precautions and exercised all due diligence to comply with the regulations.

In the office or workplace the responsible person is usually the employer.

A landlord is the responsible person of common parts, whether in a residential or commercial block.

A managing agent would take the role when appointed to have control of the premises on behalf of the owner.

The Government issues guidance to responsible persons, and it sets out the difference in approach that employers, landlords and owners will have to adopt to comply.

All fire risk assessments within a company have to be assessed and updated, if necessary. Remember that the regime includes not only all employees within a building but those lawfully on the premises and anyone around it who could be affected by a fire.

That means employers are responsible for all those people in the event of a fire.

Richard Freeman-Wallace is head of property at Watson Burton LLP.