Frequently Asked Questions

Our Fire Engineering Department inspects between 1,500 and 2,000 premises every year, so we’ve put together a list of questions most frequently asked by business owners to help with fire prevention:

Q: Should I wait for the Fire Officer to visit and identify any action required?
No. You must prepare a fire risk assessment and emergency plan. The risk assessment must cover both employees and any other relevant person. This may include employees of other employers, as well as visitors, contractors etc. The findings of the risk assessment must be recorded where:

  • You are an employer and have five or more employees
  • A licence under an enactment is in force
  • An Alterations Notice under the Fire Safety Order requires it

Q: Who is the ‘responsible person?

In a workplace, this is the employer and any other person who may have control of any part of the premises, for example, the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other.

Q: I own a building, but I lease it out and have no direct involvement. Does the Fire Safety Order apply to me?

This will depend upon the terms of the lease. The Fire Safety Order applies to any person who has, to any extent, control of premises. You should ensure your tenants are aware of the Fire Safety Order and cooperate with them to ensure compliance. In multi-occupied buildings, the owner may have a responsibility in respect of common parts of the building and must prepare a fire risk assessment for those areas that is coordinated with those of the occupiers.

Q: Who should carry out the risk assessment?

The Fire Safety Order allows for any competent person to carry out an assessment. You will need to be able to demonstrate that an appropriately qualified individual completed the assessment. There are a number of organisations willing to undertake risk assessments, if you use an external company to conduct a risk assessment that you will be responsible for, you should satisfy yourself that they are suitably competent and qualified.

Q: I have a fire certificate. Do I need to take other action?

Yes. When the Fire Safety Order came into force, fire certificate legislation was repealed and fire certificates are no longer issued. You will need to prepare a fire risk assessment and emergency plan.

Q: I’m a Managing Agent. Do I have any responsibilities under the legislation?

This will depend upon the terms of your contract with the building owner. The Fire Safety Order applies to any person who has, to any extent, control of premises. You should ensure that tenants are aware of the Fire Safety Order and cooperate with them to ensure compliance.

In multi-occupied buildings you may have a responsibility to prepare, on the owner’s behalf, a fire risk assessment in respect of common parts of the building. Any such risk assessment must be coordinated with those of the occupiers.

Q: I am just one of the businesses in a large, multi-occupied building. Who has responsibility here?

Under the Fire Safety Order each employer is responsible for the safety of both their employees and any other relevant person. This may include employees of other employers as well as visitors, contractors etc. As an employer you must take account of the risk to both your employees and other relevant persons to the extent to which you have control of the premises.

The owner (or landlord if they have legal responsibility) of the building must take into account the risk to persons in the common parts.  Article 22 of the Fire Safety Order requires all parties to cooperate, where two or more responsible persons have duties in respect of the Order.

Q: I have a small business and only employ one or two people. Do I need to be aware of the Fire Safety Order?

Yes. You will need to carry out a fire risk assessment and have an emergency plan even where there is just one employee. The findings of the risk assessment must be recorded where:

  • A licence under an enactment is in force
  • An Alterations Notice under the Fire Safety Order requires it
  • You are an employer and have five or more employees

Q: I am self-employed. How am I affected by the legislation?

The Fire Safety Order applies to all premises including those occupied by the self-employed. You will need to carry out a fire risk assessment and have an emergency plan appropriate for the premises you occupy. The findings of the risk assessment must be recorded where:

  • A licence under an enactment is in force
  • An Alterations Notice under the Fire Safety Order requires it
  • You are an employer and have five or more employees

Q: My employer does not seem to be complying with fire safety legislation. What should I do?

Discuss your concerns with your employer through the appropriate procedure for your place of work. If your concerns are not resolved and you feel you and your colleagues are at risk, you can contact us.

Q: Where can I find information on the legislation with details on how to comply?

The government produces guidance notes to assist businesses in keeping their premises safe.

Visit Fire Safety in the Workplace for links to all the government information.