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Legal
No need for alarm with
new fire regulations
S
ince October 2006, a new
Oliver Ennis
fire safety regime has
been in place in England
looks at the fire safety
and Wales, replacing the previ-
rules and regulations to
ous legislation which required
some properties to have fire
ensure that you do not fall
certificates.
foul of the law.
Fire certificates are no longer
valid. Those with obligations could have more than one person
under the new regime must decide with duties under the legislation.
for themselves, through a self- This is most likely to be the case
assessment process, what the fire in commercial properties with
risks at their premises are and more than one tenant. Where this
what measures they must take to is the case, all those with duties
minimise those risks. must co-operate with each other.
Although the new regime has The main duties are:
been in force for 18 months, many • to take general fire safety pre-
businesses have not got to grips cautions;
with their fire safety obligations. • to carry out a risk assessment
The law
and to keep this under review; and
• to provide information and safety
The new regime is wider in training to employees.
scope than the old fire certificate The duties under the new NEWS • ADVICE • INTERVIEWS • KNOWLEDGE
regime - it applies to all non- regime are owed to those lawfully
domestic premises, including on the premises and those at risk
external paths and driveways. from a fire on the premises.
(Fire certificates only tended to Failure to comply with the new
apply to certain premises, such as regime is a criminal offence.
Subscribe to
hotels, factories, offices and
Conclusion
shops.)
The duty to comply with the SMEs must carry out a risk
new regime is placed, primarily, on assessment, implement its find- Business Matters
the “responsible person”, which ings and keep it under review. The
will usually be the employer. Department for Communities and
Where there is no employer, the Local Government’s web site con-
responsible person will be the tains useful property-specific
person who has control of the guidance on carrying out risk
premises for the purpose of a assessments and general fire
trade, business, or undertaking. If safety precautions. Following the
TODAY
the premises are empty, the recent publication of new
responsible person will be the Government guidance on
owner. enforcement, local fire authorities
There is a second category of may well start to look more closely
person with obligations under the at compliance, so SMEs be
log on to:
new regime; this is only likely to warned!
apply to businesses that, for
example, maintain fire safety For further information,
bmmagazine.co.uk
equipment or maintain or repair Oliver can be contacted at:
premises on behalf of others. 01603 693214 and
Offer is limited to new subscribers & qualifying companies and for a limited period.
It is possible that one property oliver.ennis@mills-reeve.com
Subject to availability. Please allow upto 28 days for delivery of first edition.
Business Matters issue 164 • 61
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