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Regulatory Reform (fire safety) Order 2005

The Regulatory Reform (fire safety) Order 2005  is a crucial piece of legislation that outlines the legal requirements for fire safety in non-domestic premises.

Fire Prevention (Article 8) The order places a strong emphasis on fire prevention. Responsible Persons must take all reasonable steps to reduce the risk of the fire and ensure the safety of occupants.

Duty to carry out a Fire Risk Assessment (Article 9) Regulatory Reform (fire safety) Order 2005 places a legal duty on the responsible person usually the building owner, landlord, or employer to ensure all workplaces and common areas of buildings containing 2 or more domestic properties, undertake a suitable and sufficient fire risk assessment, which includes assessing and managing the risk associated with fire doors.

Emergency Route and Exits (Article 14) Adequate emergency routes and exits must be provided and maintained. These routes must be clearly marked, unobstructed, and easily accessible during an emergency.

Fire Safety signs and Notices (Article 15) Appropriate fire safety signs and notices should be placed, indicating escape routes, fire alarm call points, Firefighting equipment, and assembly points.

Maintenance (Article 17) Facilities Equipment, (including Fire Doors) and devices must be maintained in good repair to ensure the safety of relevant persons. If the premises form part of a building, the responsible person may make arrangements with the occupier of any other premises forming part of the building to ensure that the requirements are met.

If an Enforcing Authority (EA) determines that the Responsible Person has breached any requirements of the Fire Safety, Order (FSO or the Fire Safety (England) Regulations 2022 and the breach is so serious that the people would be exposed to the risk of death or serious injury in the event of a fire. The EA may prosecute the responsible Person.

The Maximum penalty for either of these offences is an unlimited fine in the magistrate’s court, at the Crown Court, an unlimited fine and/or a term of imprisonment not exceeding two years.

Further information is available on .GOV web site Home Office Enforcement and sanctions for non-compliance guidance, The Regulatory Reform (Fire Safety) Order 2005 (as amended) and the Fire Safety (England) Regulations 2022  Fire Safety Order: enforcement and sanctions for non-compliance - GOV.UK (www.gov.uk)

Regulation  10

Regulation 10 of the Fire Safety (England) Regulations 2022 made it a legal requirement from January 2023 for the responsible persons for all multi occupied residential buildings in England with storeys over 11 meters in height to:

·        Undertake quarterly checks of all fire doors (including self-closing devices) in common parts of the building.

·        Undertake – on a best endeavour basis – annual checks of all flat entrance doors (including self-closing devices) that lead onto a        building’s common parts.

·        Provide to residents of all multi-occupied residential buildings with two or more sets of domestic premises (that have common parts) information on the importance of fire doors to a buildings fire safety.

The regulations also require responsible persons to ensure that fire doors are self-closing (where identified in the fire risk assessment) and fitted with intumescent seals to prevent the spread of smoke and flames, In General:

·        Flat entrance doors. These are particularly important because in blocks of flats, most fires start within individual flats, Flat entrance doors must be self-closing and fitted with intumescent seals to prevent the spread of smock and flames.

·        Fire doors to stairways and lobbies. These doors are installed in stairways and to prevent the spread of fire and smoke between different floors and common areas of the building.

·        Doors that sub-divide corridors. These doors are installed in corridors to prevent the spread of fire and smoke between various parts of the building.

·        Doors to plant rooms These doors are installed in corridors to prevent the spread of fire and smoke between various levels and parts of the building.

Issues to look for relating to fire doors may be one of the following:

·        Damage or warping to fire door leaf or casing.

·        Incorrect or Cracked Glass

·        Faulty door closer or door closer not closing or latching correctly.

·        Loose, worn, or damaged hinges.

·        Incorrect door gaps between door leaf and frame/ door leaf and finished floor level.

·        Damaged, incorrect, or missing smoke seals.

The Fire Safety (England) Regulations 2022

The Fire Safety (England) Regulations 2022 mandate that the responsible persons for all multi-occupied residential buildings in England with storeys over 11 meters in height must undertake quarterly checks of all fire doors (including self-closing devices) in the common parts of a building excluding the landing door lifts. Additionally, the responsible persons must undertake annual checks of all flat entrance doors (including self-closing devices) that lead into the building’s common parts on a best endeavour basis.

The regulations also require responsible persons to provide information on the importance of fire doors to a buildings fire safety to residents of all multi-occupied residential buildings with two or more sets of domestic premises that have common parts.

The Fire Safety (England) Regulations 2022 were introduced under Article 24 of the fire safety order and came into force on the 23 January 2023. The regulations are a crucial step towards implementing the recommendations of the Grenfell Tower Inquiry Phase 1 report. The regulations impose new duties on responsible persons regarding the areas brought within the Fire Safety Order by the Fire Safety Act. The regulations seek to improve the fire safety of blocks of flats in ways which are practical, cost effective for individuals, lease holders, and proportionate to the risk of fire. The regulations cover areas such as external walls. floor plans lifts, fire doors and fire safety instructions. 

Who is the responsible person?

·      Employers (for workplace premises)

·      People with the control of the premises

·      Owners.

·      Named individual with the legal liability on the premises

·      Landlords.

Maintaining inspection records are a crucial part of the inspection process, FDSIS can provide regular scheduled fire door inspections, providing a proactive rather than a reactive approach to fire door maintenance, ensuring a safer and legally compliant building.

Contact FDSIS if you like to know more about our services, have an informal chat, require an estimate or require a site visit.