New Fire Regulations for Business

FIRE SAFETY RISK ASSESSMENTS 

Please be aware that all holders of an occasional licence should ensure a fire risk

assessment for the premises is carried out. 

Please see the advice laid out by the Scottish Fire and Rescue Service below.

Duty

The Fire (Scotland) Act 2005 Sections 53, 54 and 56 of the Act place a duty on employers,

employees, managers, owners and others in relation to fire safety. Part 3 of the Fire

(Scotland) Act 2005 and the Fire (Scotland) Regulations 2006, makes provision in relation

to fire safety in certain premises. These premises are defined in Section 78 of the Act but

are predominantly premises which are not private dwellings. 

The Act and the Regulations cover general fire safety which includes risk reduction measures, means of fire warning, fire-fighting, escape, staff training and instruction. If this legislation applies to you, you will as an employer, manager or any person with control to any extent of the premises including its owner(s) in some cases, have duties in respect of fire safety for the premises. 

It is a legal requirement to carry out a fire risk assessment. It is essential that the fire risk assessment is specific to fire safety and the premises concerned. 

An overall generic fire risk assessment will not be sufficient. It is also essential that the person who undertakes this fire safety risk assessment is competent so to do.

Where to get further Advice or Information

More detailed guidance on the Act, Regulations, fire safety risk assessment, benchmarks

and offences is available on the Scottish Government website. 

Free advice is available from the Scottish Fire and Rescue Service, but it must be remembered that the duty holder  is responsible for carrying out the fire safety risk assessment for their premises and identifying the fire safety measures necessary as a result of the fire safety risk assessment outcomes.

Anyone in any doubt about their legal obligations should seek their own independent legal

advice.

TOP 10 KEY FACTS

Since 01 October 2006, fire safety law in Scotland has changed. The following is a list of

“top ten facts” regarding the changes:

1. Existing fire safety legislation has been repealed and replaced with a new fire

safety regime.

2. Fire certificates have been abolished. If you have an existing fire certificate it is no

longer valid.

3. The new fire safety regime is based on the principles of risk assessment and the

requirements to take steps to prevent fire and mitigate the detrimental effects of fire

on the premises to ensure the safety of persons.

4. The new fire safety regime applies to nearly all non-domestic premises in Scotland

along with those Houses in Multiple Occupation which require a licence.

5. If you have any degree of control over premises covered by the fire safety regime,

then you are likely to have some responsibility for fire safety but this responsibility

will be in direct proportion to your level of control, i.e. the more control you have,

the greater your responsibility. Additionally, an employer will always retain

responsibility for the safety of his or her employees.

6. More than one person can have fire safety responsibilities for the premises. For

example, an employer, owner, landlord, tenant or a contractor carrying out repair

work may each have fire safety responsibilities for the premises and are required to

co-operate with each other and co-ordinate their fire safety measures.

7. If you have responsibility through having some degree of control, you are required

to undertake a fire safety risk assessment in respect of the premises to the extent

of your control and you need to consider the outcome of this assessment and take

appropriate action as necessary.

8. You must review your fire safety risk assessment regularly and update it if required.

9. In some cases, the fire safety risk assessment will have to be recorded such as

where a licence or registration is required for the premises, the enforcing authority

has issued a formal alterations notice requiring this or where an employer employs

5 or more employees.

10. Premises covered by the fire safety regime may be inspected or audited by an

enforcement officer to ensure compliance with the law (in most cases the enforcing

authority will be the local Fire and Rescue Service).

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