In April 2021, the Fire Safety Act 2021 received Royal Accent, setting in on the path to becoming law. This act clarifies the scope of the Fire Safety Order to make clear it applies to the structure, external walls (including cladding and balconies), and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building. The act is a guide to what you need to know about fire safety legislation in England and Wales.
If you are a Responsible Person, you must consider these parts when conducting fire risk assessments, if you have not done so already.
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What Is the Fire Safety Act 2021?
The Fire Safety Act 2021 is an act of Parliament that received Royal Assent on the 26th of April 2021. The act sets out to improve fire safety in buildings and applies to England and Wales.
The key points of the act are as follows:
- It clarifies the scope of the Fire Safety Order 2005, making clear that it applies to the structure, external walls (including cladding and balconies), and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building.
- It requires the Responsible Person to carry out a fire risk assessment that takes into account the new requirements set out in the act and to review and update the assessment as necessary.
- It places a legal responsibility on the Responsible Person to take steps to reduce or eliminate the risks identified in the fire risk assessment.
- It allows the Fire and Rescue Service to enforce against non–compliance in relation to the external walls and the individual doors opening onto the common parts of the premises.
Who Does the Fire Safety Act 2021 Apply To?
The Fire Safety Act 2021 applies to England and Wales.
The act applies to all multi-occupied residential buildings and is not dependent on the height of the building.
If you are a Responsible Person for a building to which the act applies, you must take steps to ensure that the building complies with the requirements of the act.
What Is the Fire Safety Order 2005?
The Fire Safety Order 2005 is the primary piece of fire safety legislation in England and Wales. It sets out the general duty of care that all Responsible Persons have to take to ensure that people using their premises are not put at risk from fire.
The Fire Safety Act 2021 clarifies the scope of the Fire Safety Order to make clear that it applies to the structure, external walls (including cladding and balconies), and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building.
What Is a Responsible Person?
A Responsible Person is defined in the Fire Safety Order as anyone who has control or anyone who has a degree of control over certain areas within the premises.
The definition of control is wide-ranging and includes, for example, landlords, tenants, occupiers, employers, and managers.
If you are a Responsible Person for a building to which the Fire Safety Act 2021 applies, you must take steps to ensure that the building complies with the requirements of the act.
What Is a Fire Risk Assessment?
A fire risk assessment is an evaluation of the risks of fire in a building. It should identify any hazards that could give rise to a fire, and any people who might be put at risk if a fire were to occur.
The assessment should identify what needs to be done to eliminate or reduce the risks from a fire so far as is reasonably practicable.
If you are a Responsible Person for a building to which the Fire Safety Act 2021 applies, you must carry out a fire risk assessment and take steps to reduce or eliminate the risks identified in the assessment so far as is reasonably practicable.
You must also keep a record of the fire risk assessment and any changes made to it, and provide the assessment and any changes made to it, on request, to the enforcing authority.
Who Can Carry out A Fire Risk Assessment?
There is no legal requirement for a fire risk assessment to be carried out by a qualified person. However, it is advised the assessment should be undertaken by a “competent professional”.
Conclusion
The Fire Safety Act 2021 makes clear that the Fire Safety Order applies to the structure, external walls (including cladding and balconies), and individual flat entrance doors between domestic premises and the common parts of a multi-occupied residential building.
If you are a Responsible Person for a building to which the act applies, you must take steps to ensure that the building complies with the requirements of the act, including carrying out a fire risk assessment and taking steps to reduce or eliminate the risks identified in the assessment so far as is reasonably practicable.
We offer a range of services that include external wall surveys, fire door inspections and fire risk assessments to help you stay compliant with the Fire Safety Act. Contact us today to schedule a survey.
