http://www.legislation.gov.uk/id/uksi/2005/1541

http://www.legislation.gov.uk/uksi/2005/1541/article/17/made

The Regulatory Reform (Fire Safety) Order 2005

Fire safety

Fire and rescue services

Hazardous substances

Fire

Health and safety at work

King's Printer of Acts of Parliament

2016-09-29

REGULATORY REFORM, ENGLAND AND WALES

This Order reforms the law relating to fire safety in non-domestic premises. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty, in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe and a duty to carry out a risk assessment. The Order imposes a number of specific duties in relation to the fire precautions to be taken. The Order provides for the enforcement of the Order, appeals, offences and connected matters. It amends or repeals other primary legislation concerning fire safety to take account of the new system and provides for minor and other consequential amendments, repeals and revocations. The Order also gives effect in England and Wales to:Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.89, p. 1) (“the Framework Directive”) (except for provisions on accident reporting (article 9(1)(c) and (d) and (2)), employment protection rights (articles 7(2), 8(4) and (5) and 11(4)), and use of personal protective equipment (article 13(2)(b)));Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (O.J. No. L 206, 29.7.91, p. 19) (“the Temporary Workers' Directive”) (except for provisions on the responsibility of host undertakings to temporary workers (article 8));article 6 of, together with paragraphs 4 and 5 each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (O.J. No. L 393, 30.12.89, p. 1) (“the Workplace Directive”);articles 6 and 7 of Council Directive 94/33/EC (O.J. No. L216, 20.8.94, p.12) on the protection of young people at work;Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (O.J. No. L 131, 05.05.98, p. 11 ) (“the Chemical Agents Directive”); andCouncil Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (O.J. No. L 23, 28.01.00, p. 57) (“the Explosive Atmospheres Directive”),

The Regulatory Reform (Fire Safety) Order 2005

art. 9A

Building Safety Act 2022

s. 156(4)

s. 170(4)(b)

(c)

PART 2FIRE SAFETY DUTIES

Maintenance17

1

Where necessary in order to safeguard the safety of relevant persons the responsible person must ensure that the premises and any facilities, equipment and devices provided in respect of the premises under this Order or, subject to paragraph (6), under any other enactment, including any enactment repealed or revoked by this Order, are subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair.

2

Where 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 for the purpose of ensuring that the requirements of paragraph (1) are met.

3

Paragraph (2) applies even if the other premises are not premises to which this Order applies.

4

The occupier of the other premises must co-operate with the responsible person for the purposes of paragraph (2).

5

Where the occupier of the other premises is not also the owner of those premises, the references to the occupier in paragraphs (2) and (4) are to be taken to be references to both the occupier and the owner.

6

Paragraph (1) only applies to facilities, equipment and devices provided under other enactments where they are provided in connection with general fire precautions.