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Fire Safety in Commercial Buildings: Obligations for Owners and Employers

19/07/2017

Fire safety in commercial buildings often gives rise to confusion, and there is often a conflict of opinion between building owners and occupiers as to precisely who is responsible for ensuring the safety of employees and visitors at any given time. Here we answer some of the most commonly asked questions about fire safety in a commercial setting.

What are Non-Domestic Premises?

Non-domestic premises are classed as any workplace or commercial premises; any premises that is accessible by the public, and the common areas of residential buildings that house multiple occupants.

Who Holds Fire Safety Responsibility?

The person that holds fire safety responsibility for any non-domestic premises is referred to as the ‘Responsible Person'. Sometimes there will be more than one Responsible Person, for example where premises are shared, in which case you will be required to work alongside each other with the overall aim of meeting your important responsibilities.

The Regulatory Reform (Fire Safety) Order 2005 England and Wales, in short referred to as the ‘Fire Safety Order', is the legislation that applies and imposes the legal obligations. It also covers any accommodation that takes in paying guests, so for example a guesthouse, a bed and breakfast or a holiday let. In Scotland and Northern Ireland, the fire safety rules differ from those in England and Wales.

Fire Safety Responsibilities in Shared Premises

If you share commercial premises with other businesses, there is likely to be more than one Responsible Person. Each business that occupies the building will usually have its own representative, and it will be necessary to coordinate fire safety strategies so that they are streamlined and function in the best interests of everyone who works within or visits the premises.

Regarding shared or common areas of multiple-occupied residential buildings, the Responsible Person will be the landlord, the managing agent or the freeholder.

What are the Responsible Person's Fire Safety Obligations?

The Responsible Person has a number of obligations. These are to:

Undertake a site-specific risk assessment of the entire premises, and review it periodically
Inform staff or those who represent them about the risks identified during the risk assessment
Using the information gleaned from the risk assessment, implement and maintain appropriate fire safety measures
Ensure staff are fully informed and trained in fire safety
Put in place an emergency strategy incorporating a fire safety plan and an evacuation plan
Implement and maintain suitable equipment as identified by the fire risk assessment, such as fire detection and alarm systems, sprinkler systems, evacuation chairs, etc. and follow up with regular drills and training and refresher training where required

A written record of the fire risk assessment must be kept whenever a business employs five or more people.

You can discover how to ensure your premises are fire safe by referring to this Government short guide.

What are the Penalties for Non-Compliance with Fire Safety Regulations?

Anyone who breaches fire safety regulations could face fines of up to £5,000 for minor issues, unlimited fines for considerable breaches, or a prison sentence of up to two years. Punishments will depend upon the severity of the breach and the resulting consequences.

Premises may be periodically inspected by local fire and rescue authorities. If they find failings with regard to fire risk assessments and fire prevention measures, they will issue fire safety notices. These can be informal or formal, and will set out the changes that must be made in order to comply.

Sometimes, where premises are deemed prone to high safety risks, an alterations notice will be issued, and if a serious risk is uncovered that is not being adequately managed, an enforcement notice will be presented, stipulating the required improvements, and a deadline by which they must be implemented.

If there is considerable risk then a prohibition notice will be levied which will restrict or even totally prevent access until the issue is resolved. Appeals can be made either through an informal review with the local fire and rescue authority, or through the local magistrates' court. Of course, in the name of safety of everyone who uses the premises, it is preferable to avoid such extreme situations in the first place.

Fire Safety Guidance

At PMR Solutions, we have been working with businesses, commercial landlords, managing agents and facilities managers for many years in the area of fire safety. We are able to provide specialist, independent guidance through fire safety audits and fire emergency plans.

If you are feeling confused by your responsibilities where fire safety is concerned, we welcome you to get in touch for tailored advice.

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