Legal Requirements

The Regulatory Reform Fire Safety Order 2005 (RRFSO) imposes a general duty on “The Responsible Person” to:

• Take general fire precautions as will ensure, so far as is reasonably practicable, the safety of employees.
• Take such general fire precautions as may reasonably be required to ensure that the premises are safe in relation to relevant persons who are not their employees.

The RRFSO requires the “Responsible Person” to take reasonable steps to reduce the risks from fire and make sure that everyone on the premises, or nearby can escape safely if there is a fire.  Particular attention must be given to people who have a disability or who may need assistance.

The RRFSO applies to virtually all premises and covers nearly every type of building structure and open space.  The order does not apply to private homes including individual private dwellings, i.e. houses where Caretakers live on site.

2.1 Who is the Responsible Person?

The RRFSO places the ultimate responsibility for managing fire safety with “The Responsible Person.”  This will normally be the employer.  Therefore, within BC the ultimate responsibility for fire safety rests with the Chief Executive and Corporate Management Team but is delegated on a day-to-day basis to, “the person who has control of the premises.”  

2.2 Responsibilities of Executive Directors and Service Directors

Corporate Directors and Service Directors must ensure that the responsibilities for managing fire safety within their Business Unit are correctly allocated and that the “Responsible Person” is clearly identified for each premises under their control, for example, Premises Managers, Library Managers etc. 

The only exception to this will be those buildings managed by Facilities Management, Property Operations. (This is especially important with shared premises (see section 2.9 below).

Delegation of the “Responsible Person” will normally follow the existing management structure for delegation within the Business Unit, e.g. the person who is responsible for managing health and safety within an establishment will usually take on the role of the ‘Responsible Person’.

2.3 Responsibilities of School Governing Bodies

For Maintained and Voluntary Controlled Schools, the ultimate responsibility for fire safety rests with the Chief Executive and Corporate Management Team but is delegated on a day-to-day basis to the Headteacher.  

Within Foundation, Voluntary Aided and many Academy Schools the Governing Body is the employer and therefore is ultimately responsible for fire safety.  Delegated day-to-day responsibility usually rests with the Headteacher unless otherwise stated.

2.4 Responsibilities of the Responsible Person

The Responsible Person will appoint competent persons to assist him/her to ensure that:

• An emergency evacuation plan is in place and practised.
• Fire wardens/evacuation officers are appointed.
• The fire alarm is tested weekly from a different call point and logged in the Fire Log.
• Fire drills are undertaken at least every six months and drills logged in the Fire Log. Schools MUST undertake a drill at least every term.
• The emergency lighting is function tested every month and logged in the Fire Log.
• The fire alarm is serviced 6 monthly by a competent contractor.
• Firefighting equipment is serviced annually by a competent contractor.
• Fire evacuation routes are maintained and checked on a daily basis.
• Staff with specific delegated responsibilities are trained appropriately for their duties required by the Order, or alternatively, ensure that competent Contractors are employed to carry out these duties (e.g. testing of fire alarms).
• Arrange for a fire risk assessment to be carried out at least every five years by a competent person. However, if there are significant changes to the layout of your premises, any changes to work processes, a significant increase in the amount of combustible materials stored or displayed or sources of ignition, then a new fire risk assessment should be completed.
• Take any necessary remedial action identified by the assessment and record the action taken.
• Ensure the fire risk assessment is reviewed at least annually, by a competent person. The Managing Fire Safety Course (formerly Fire Risk Assessor training) is available to meet this need.
• Inform employees of the risks identified by the fire risk assessment, the measures taken to prevent fires and how these will protect them if a fire breaks out.
• Provide the employer of external organisations who use or work in your buildings with clear and relevant information on the risks to their employees and the preventive and protective measures put in place to control them.
• Consult employees about particular roles and proposals for improving fire precautions.
• Before employing a child (under 16 years old), advise a parent/guardian as part of a risk assessment of the risks identified and the preventative/protective measures put in place to protect them.
• Inform members of the public of any relevant risks to them and provide them with information.
• Co-operate and co-ordinate with other responsible persons where appropriate, for example, on shared sites.
• Consider and implement control measures to control any dangerous substances used on site and the fire risks which they present.
• Establish a means of contacting the emergency services and provide them with any relevant information about dangerous substances.
• Provide appropriate information, instruction and training to employees about the fire precautions within the workplace, when they commence employment and regularly throughout their employment. Refer to Part 2 of the policy, Managers Guidance Notes for Induction and Refresher training of staff.

Executive Directors, Service Directors, Headteacher and the “Responsible Person” must ensure that sufficient resources are allocated to carry out these actions.

2.5 Competent Persons

Employers/Responsible Persons must appoint one or more competent persons, depending on the size and use of their premises, to assist in undertaking any of the preventive and protective measures required by The Regulatory Reform (Fire Safety) Order 2005. 

A competent person is someone with sufficient training and experience or knowledge to be able to implement these measures properly.  The competent person should,

• Understand the relevant fire safety legislation.
• Have appropriate education, training, knowledge, and experience in the principles of fire safety.
• Have an understanding of fire development and the behaviour of people in fire.
• Understand the fire hazards, fire risks and relevant factors associated with occupants at special risk within the buildings of the type in question.
• Have attended appropriate training (i.e. Managing Fire Safety within the last five years).

2.6 Corporate Landlord (HQ)

The Corporate Landlord has delegated responsibility when designing/commissioning or refurbishing a building to ensure that the fire integrity of the building is maintained. They will advise Building Control prior to the build or refurbishment of a building of any structural changes being made and will comply with relevant Building Regulations.

2.7 Buckinghamshire and Milton Keynes Fire Authority (BMKFA):

• Works in partnership with BC’S Health and Safety Team.
• Provides consultative advice on fire safety and training.
• Enforces Fire Legislation.

2.8 Shared Premises

Where staff occupy a building from more than one Business Unit or from other organisations, it is the responsibility of the Senior Manager present from each Business Unit, or organisation, to liaise with all parties to ensure that measures contained within the fire risk assessment are carried out.  Its good practice to ensure that there is an agreement in writing on how these matters are to be allocated, particularly with regard to common areas such as fire drills and alarm testing.

2.9 Non-Council Owned Premises

Where the Council is not the owner of the premises, responsibility for carrying out certain activities may fall to the landlord of that building.  These responsibilities will depend on the lease agreement made but could include maintenance of fire doors etc. and common areas of responsibility.

The Senior Manager of the service located within non-Council owned premises must check with the landlord on who is responsible for,

• The split in responsibilities.
• Communicating any problems to the landlord or agent through agreed channels.
• Commissioning a fire risk assessment.
• Day to day management of fire related issues.

The findings of the fire risk assessment should be kept and maintained on the premises in the fire logbook for the building.