Overview of Regulatory

Reform (Fire Safety) Order

2005
Presented by:

Watch Commander Colin Whittington

GIFireE
 Station Nightclub
 Premises had sufficient exits

 Premises was not overcrowded

 Risk assessment not reviewed to take account of stage effects

 Internal linings promoted rapid spread of fire

 Fire Service mobilised 60 seconds after alarm operated

 100 dead

 230 injured
 Enforcement Hierarchy

Agreed Action Plans

Enforced Action Plans

Formal Enforcement Notices

Prohibition Notices

Prosecution
 Responsible Persons
Employer

Occupier

Owner

Contract or Tenancy agreement

 Obligations for maintenance of premises
 Obligations relating to safety of the premises
 Responsible Persons
Employer – where the premises are a workplace
and are to ANY extent under his control

Under Article 8(1)(a) an employer has an implicit

duty to take general fire precautions as to
ensure, as far as is practicable, the safety of his
employees and in relation to relevant persons
who are not his employees, to ensure, as may
reasonable be required, that the premises are
safe
 Responsible Persons
Occupier – where the premises are not a
workplace then any person having control of the
premises by way of running a business is the RP

Under Article 8(1)(a) an occupier has a duty to

relevant persons who are not his employees, to
take such general fire precautions as to ensure,
as may reasonably be required, that the
premises are safe
 Responsible Persons
Owner – where the premises are not a workplace and a
person not being an employer has control of the
premises other than in connection with the carrying on of
a business then the owner is the RP

Under Article 8(1)(a) an owner has a duty to relevant

persons who are not his employees, to take such general
fire precautions as to ensure, as may reasonable be
required, that the premises are safe
Article 5 – Duties under the Order
5(3) - Duties imposed on a RP are similarly
imposed on any person who has control of the
premises as far as any duty falls within that
person’s sphere of control

5(4) - Where a person has, by virtue of any

tenancy or contract, obligations in relation to
maintenance/repair of premises, they are treated
as if they have control of the premises to the
extent that their obligation extends