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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 Existing fire safety legislation has been repealed and replaced with a new fire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 If you have an existing fire certificate it is no
longer valid.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).