The Fire Safety Act 2021
The Fire Safety Act 2021 enhances the Regulatory Reform (Fire Safety) Order 2005 . This important legislation came into effect on the 16th May 2022.
What Does the Fire Safety Act Do and How Will This Affect Your Business?
The Fire Safety Act 2021 clarifies that in multi-occupied residential buildings, the structure, external walls, and flat entrance doors are included under the scope of the Fire Safety Order. Responsible Persons must ensure these elements are incorporated into their fire risk assessments if they have not been addressed previously.
Fire Risk Assessments
A fire risk assessment is mandated by the Fire Safety Order to evaluate fire safety risks relevant to workplaces and buildings containing two or more sets of domestic premises. It is the responsibility of the Responsible Person to ensure that this assessment is conducted, although they may appoint a competent fire risk assessor to carry it out on their behalf.
Information on Commencement of Sections 1 and 3 of the Fire Safety Act
Section 1 of the Fire Safety Act
This section clarifies that when a building contains two or more sets of domestic premises, the Responsible Person must account for the structure, external walls, and flat entrance doors in their fire risk assessment.
Section 3 of the Fire Safety Act
If a Responsible Person has not adhered to the guidance or the prioritisation tool, they may need to provide alternative evidence of compliance with their Fire Safety Order obligations. Responsible Persons should already be aware of the composition of external walls and have updated their fire risk assessments accordingly, taking necessary actions to mitigate any risks.
For multi-occupied residential buildings of any height, if the fire risk assessment has been conducted, it does not need to be updated again unless a review is mandated by Article 9 of the Fire Safety Order. If the assessment has not been updated to include external walls, the Responsible Person or their appointed fire risk assessor should perform a visual inspection of the external walls. In many instances, a visual inspection will reveal that the risk of external fire spread does not necessitate a PAS 9980 assessment, especially in buildings with brick or masonry external walls or low-risk buildings.
Detailed External Wall Assessment
A more detailed fire risk appraisal of the external walls under PAS 9980 may be required if there is a known or suspected risk related to the construction of the external wall, such as combustible materials used for cladding or insulation. The Fire Risk Assessment Prioritisation Tool can assist in determining the urgency of this inspection.
When a detailed external wall assessment is necessary, a competent person should be appointed. Guidance can be found in PAS 79-2:2020 and PAS 9980 . The assessment should provide the Responsible Person with recommendations for remedial actions, including a suitable timeframe for remediation and any interim measures required.
Share Information with the Fire Service
Under the Fire Safety (England) Regulations 2022, Responsible Persons of existing high-rise residential buildings in England are legally required to provide their local fire and rescue service with information regarding the design and materials of the building’s external walls and to notify them of any material changes.
It is advisable for Responsible Persons to utilize the Fire Risk Assessment Prioritisation Tool to determine the timing for updating fire risk assessments concerning external wall construction.
Maisonettes
Responsible Persons should evaluate whether maisonettes require a fire risk assessment, considering the definition of ‘domestic premises’ in Article 2 of the Fire Safety Order, which indicates that individual flats do not fall under the Fire Safety Order's scope.
If a Responsible Person determines that a fire risk assessment, including external walls, is necessary, they should prioritize it based on various fire safety factors (e.g., presence of smoke alarms, evacuation procedures, and cladding). The Fire Risk Assessment Prioritisation Tool can assist in determining how soon such assessments should be updated.
The inclusion of ‘structure’ in the Fire Safety Act implies that a visual inspection of the building's construction and layout should be conducted to ensure it is built to resist early structural collapse in the event of a fire. Intrusive inspections are only warranted if the fire risk assessor has serious concerns about the building's structural fire protection.
- The Fire Safety Act
- BS 5306 pt 8 2012 New Standards
- What is a Responsible Person?
- Fire Risk Assessment Cumbria