# Regulatory Reform (Fire Safety) Order 2005

Canonical: https://paddl-ai.co/regulations/fire-safety-order-2005

Understand the Regulatory Reform (Fire Safety) Order 2005, which places fire safety duties on the responsible person for all non-domestic premises in England and Wales.

Effective: 2006-10-01 (last amended 2022-01-16)
Enforced by: Local Fire and Rescue Authority
Applies to: All non-domestic premises in England and Wales, Restaurants, cafes, and takeaways, Hotels and B&Bs, Pubs and bars, Any workplace or commercial premises

The Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order or FSO) is the primary fire safety legislation for non-domestic premises in England and Wales. It replaced over 70 pieces of previous fire safety legislation with a single regime. The Order places the duty for fire safety on the "responsible person", which is typically the employer, owner, or occupier of the premises. The responsible person must carry out a fire risk assessment, implement fire safety measures, and keep the assessment under review. The Fire Safety Act 2021 amended the Order to clarify that it applies to the structure, external walls, and common areas of multi-occupied residential buildings, following the Grenfell Tower tragedy. For hospitality businesses, the Order means you must assess fire risks, maintain fire detection and alarm systems, ensure clear escape routes, provide fire fighting equipment, train staff, and plan for emergency evacuation.

## Key requirements

- **Fire risk assessment** The responsible person must carry out a suitable and sufficient fire risk assessment of the premises. This must identify fire hazards, people at risk, evaluate the risk, and record the findings.
- **Fire safety measures** Implement measures to reduce fire risk, including fire detection and alarm systems, emergency escape routes, fire fighting equipment, emergency lighting, and clear signage.
- **Maintenance of fire safety systems** All fire safety equipment and systems must be maintained in working order. This includes regular testing of fire alarms, emergency lighting, fire extinguishers, and fire doors.
- **Emergency plan and procedures** Establish and implement an appropriate emergency plan, including evacuation procedures, assembly points, and arrangements for people who may need assistance evacuating.
- **Staff training** Provide appropriate fire safety training to all employees when they start work and periodically thereafter. Training must cover fire risks, evacuation procedures, and use of fire equipment.

## What a business has to do

1. **Conduct a fire risk assessment** Assess fire hazards in your premises (heat sources, combustible materials), people at risk (staff, customers, vulnerable people), and existing fire safety measures. Document the findings.
2. **Install and maintain fire detection and alarms** Ensure appropriate fire detection and alarm systems are installed. Test fire alarms weekly and have them professionally serviced annually.
3. **Maintain clear escape routes** Keep all escape routes clear of obstructions at all times. Ensure fire exits are unlocked during opening hours and clearly signed.
4. **Provide and maintain fire extinguishers** Install appropriate types and numbers of fire extinguishers. Have them serviced annually and inspected monthly.
5. **Train all staff in fire safety** Provide fire safety induction for all new staff. Conduct regular fire drills (at least annually, ideally twice a year). Train staff on evacuation procedures and fire extinguisher use.
6. **Review the fire risk assessment regularly** Review your fire risk assessment at least annually and whenever there are significant changes to the premises, layout, activities, or staffing.

## Penalties

| Offence | Penalty |
| --- | --- |
| Failure to carry out a fire risk assessment | An unlimited fine on conviction. The fire authority may also serve an enforcement notice requiring compliance. |
| Failure to comply with the Order (general) | Up to 2 years imprisonment and/or an unlimited fine on conviction on indictment. Summary conviction can result in an unlimited fine. |
| Placing persons at serious risk of death or serious injury | Up to an unlimited fine and/or up to 2 years imprisonment on indictment. The Fire Safety Act 2021 strengthened sentencing for the most serious breaches. |
| Failure to comply with an enforcement or prohibition notice | Up to 2 years imprisonment and/or an unlimited fine. A prohibition notice can shut down premises until fire safety issues are resolved. |

## Questions

**Who is the responsible person?**

The responsible person is usually the employer (for workplaces), the person who has control of the premises, or the owner. In a restaurant, this is typically the business owner or operator. If you have a managing agent, they may share responsibility.

**Do I need a professional to do my fire risk assessment?**

The Order does not require you to use a professional fire risk assessor, though it is strongly recommended for complex or high-risk premises. You can carry out the assessment yourself if you are competent to do so, but you are legally responsible for its adequacy.

**How often should fire drills be conducted?**

The Order does not specify a frequency, but best practice guidance recommends at least one fire drill per year, and ideally every six months. High-risk premises or those with a high staff turnover should drill more frequently.

**Does this Order apply in Scotland?**

No. Scotland has its own separate legislation: the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. The requirements are similar but not identical.