The Problem
Restaurants, pubs, hotels and catering companies face new Government fire regulations this April. Companies that fail to comply with the new regulations will not only face prosecution, but insurance companies may re-examine their warranties and claim conditions to penalise deliberate offenders by withholding cover.
The Law
The biggest single reform of commercial fire and safety legislation in more than 30 years will take place when the Regulatory Reform (Fire Safety) Order 2005 comes into force on 1 April 2006. At present, fire safety regulations are scattered across more than 70 pieces of legislation, and the new law will comprise one piece of legislation.
The new law aims to improve fire safety by placing the responsibility on the employer or "responsible person" for that building or premises. He or she will be required to assess the risks of fire and take steps to reduce or improve them.
These measures should pay particular attention to those at special risk, such as young people, the disabled and those with special needs, and must include consideration of any dangerous substance likely to be on the premises.
The new legislation is similar to the workplace regulations, the main difference being that fire certificates are no longer required and the onus is now being placed on the employer to ensure the building complies. However, fire and rescue authorities will still be allowed to inspect premises to ensure adequate fire precautions are in place.
The new regulations will apply to virtually all premises and cover nearly every type of building, structure and open space, for example:
- Offices and shops.
- Premises that provide care.
- Community halls.
- Common areas of houses in multiple occupation.
- Pubs, clubs and restaurants.
- Schools.
- Tents and marquees.
- Hotels and hostels.
- Factories and warehouses.
But it excludes purely domestic premises occupied by a single family group.
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