Tolley's Practical Risk Assessment Handbook, 5th Edition

Chapter 14: Fire and Dsear Assessments

14.1 Introduction

From 1 October 2006, fire safety within the workplace (and many other sectors) is due to be covered by the Regulatory Reform (Fire Safety) Order 2005. For brevity this Order (which only applies in England and Wales) will be referred to in this chapter as the Order or the Fire Safety Order.

Whilst it is true that the Order simplifies the previous legal position, with 53 articles and 5 schedules it is still extremely lengthy and complex. In a number of places it duplicates requirements which are already present in health and safety legislation, particularly in the Management Regulations 1999.

Over 40% of the Order consists of amendments, repeals and revocations of previous requirements. The major changes affecting the workplace are that the Fire Safety Order will replace the requirement for Fire Certificates contained in the Fire Precautions Act 1971 and also replace the Fire Precautions (Workplace) Regulations 1997, as amended in 1999. References to these latter regulations in the Management Regulations will also be removed.

Regulatory Reform (Fire Safety) Order 2005

14.2 Enforcement

The enforcing authority in respect of most premises covered by the Order is the fire and rescue authority for the area. However, the HSE are the enforcing authority for some premises subject to the Nuclear Installations Act 1965, work on naval ships and, in particular, construction sites. Other enforcing arrangements also exist for sports grounds (local authorities enforce), Crown premises, UKAE premises and military establishments.

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