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Responsible Person Fire Safety Order

The Responsible Person Fire Safety Order. The Regulatory Reform (Fire Safety) Order 2005 requires that the responsible person (the person having control of the building, or a degree of control) takes reasonable steps to reduce the risk from fire and makes sure people can safely escape if there is a fire. This includes all people that might visit the premises.

The responsible person must—

(a) take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and

(b) in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe.

Responsible Person Fire Safety Order and Competent Person

The Competent person

The Competent Person suitably trained and qualified by knowledge and practical experience, and provided with the necessary instructions, to enable the required tasks to be carried out correctly.

The Competent Person or Fire Risk Assessor need not possess any specific academic qualifications but should:

Understand the relevant fire safety legislation and the associated guidance documents. ;

Have appropriate education, training, knowledge and experience in the principles of fire safety;

Have an understanding of fire development and the behavior of people in fire; understand the fire hazards, fire risks and relevant factors associated with occupants at special risk within buildings of the type in question; and

Have appropriate training and/or experience in carrying out Fire Risk Assessments.

There is no defined skill set or training designated for the “Competent Person”, however, they must show a competency in all areas equal to (or greater than) the complexity of problems to be tackled. The Competent Person must display an ability to identify a problem when seen and suitably asses its relative importance in relation to the safety systems in place.

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Responsible Person Fire Safety Order as defined within The Regulatory Reform (Fire Safety) Order 2005

The Responsible person Fire Safety Order is defined within the The Regulatory Reform (Fire Safety) Order 2005 as follows -

Meaning of “responsible person”

3. In this Order “responsible person” means—

(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;

(b) in relation to any premises not falling within paragraph (a)

(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or

(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Meaning of “general fire precautions”

4.—(1) In this Order “general fire precautions” in relation to premises means, subject to paragraph (2)—

(a) measures to reduce the risk of fire on the premises and the risk of the spread of fire on the premises;

(b) measures in relation to the means of escape from the premises;

(c) measures for securing that, at all material times, the means of escape can be safely and effectively used;

(d) measures in relation to the means for fighting fires on the premises;

(e) measures in relation to the means for detecting fire on the premises and giving warning in case of fire on the premises; and

(f) measures in relation to the arrangements for action to be taken in the event of fire on the premises, including—

(i) measures relating to the instruction and training of employees; and

(ii) measures to mitigate the effects of the fire.

(2) The precautions referred to in paragraph (1) do not include special, technical or organisational measures required to be taken or observed in any workplace in connection with the carrying on of any work process, where those measures —

(a) are designed to prevent or reduce the likelihood of fire arising from such a work process or reduce its intensity; and

(b) are required to be taken or observed to ensure compliance with any requirement of the

relevant statutory provisions within the meaning given by section 53(1) of the Health and Safety at Work etc 1974(12).

(3) In paragraph (2) “work process” means all aspects of work involving, or in connection with—

(a) the use of plant or machinery; or

(b) the use or storage of any dangerous substance.

Duties under this Order

5.—(1) Where the premises are a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises.

(2) Where the premises are not a workplace, the responsible person must ensure that any duty imposed by articles 8 to 22 or by regulations made under article 24 is complied with in respect of those premises, so far as the requirements relate to matters within his control.

(3) Any duty imposed by articles 8 to 22 or by regulations made under article 24 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person referred to in paragraphs (1) and (2), who has, to any extent, control of those premises so far as the requirements relate to matters within his control.

(4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—

(a) the maintenance or repair of any premises, including anything in or on premises; or

(b) the safety of any premises, that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends.

(5) Articles 8 to 22 and any regulations made under article 24 only require the taking or observance of general fire precautions in respect of relevant persons.

For full details regarding the duties of the the responsible person and the types of premises that the Order is not applicable to CLICK HERE. The Regulatory Reform (Fire Safety) Order 2005 document

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