Introduction
A fire risk assessment is a process involving the systematic evaluation of the factors that determine the hazard from fire, the likelihood that there will be a fire, and the consequences if one were to occur. It is an essential step in ensuring fire safety and legal compliance in buildings.
The Legal Framework for Fire Risk Assessments
The main legislation behind fire safety is the Regulatory Reform (Fire Safety) Order 2005. This law applies to all non-domestic premises in England and Wales, including workplaces, public buildings, and the communal areas of residential properties such as apartment blocks. It places a legal duty on the designated ‘responsible person’ to ensure that a fire risk assessment is conducted and that appropriate fire safety measures are in place.
A fire risk assessment is required on nearly all buildings throughout England and Wales, with the exception of individual private dwellings. However, in apartment blocks, the common and shared areas of the building, such as hallways, staircases, and lobbies, must have an up-to-date fire risk assessment.
Who is Responsible for Fire Safety in an Apartment Block?
In an apartment block, the responsibility for fire safety in the common/shared parts of the building falls to the ‘responsible person’. This could be:
The Freeholder
A Residents’ Management Company (RMC)
A Right to Manage (RTM) company
A Managing Agent acting on behalf of the freeholder or residents’ association
The responsible person has a duty to carry out and regularly review a fire risk assessment, ensuring that necessary fire precautions are in place. They may choose to conduct the fire risk assessment themselves or employ a professional company to complete it.
What Does a Fire Risk Assessment Involve?
A thorough fire risk assessment consists of several key steps:
- Identifying Fire Hazards. Determining sources of ignition (e.g., electrical faults, heating appliances, or open flames), sources of fuel (e.g., paper, furniture, flammable liquids), and sources of oxygen (e.g., airflow through windows and doors).
- Assessing Who is at Risk. Evaluating who may be in danger in the event of a fire, including residents, visitors, and vulnerable individuals such as the elderly or disabled.
- Evaluating and Reducing Risks. Taking steps to minimise fire risks, such as ensuring fire doors are properly maintained, keeping escape routes clear, and regularly testing fire alarms.
- Recording Findings and Implementing Measures. Documenting hazards, actions taken, and any recommendations for further safety measures.
- Reviewing the Assessment Regularly. Fire risks can change over time, so assessments should be reviewed periodically and updated if necessary.
Common Fire Hazards in Apartment Blocks
Apartment blocks pose specific fire risks, particularly in communal areas. Some common hazards include:
Blocked or cluttered escape routes. Hallways and staircases must be kept clear to ensure a quick and safe evacuation.
Fire doors being wedged open. Fire doors are designed to prevent the spread of fire and smoke; propping them open undermines their effectiveness.
Poorly maintained electrical installations. Damaged or overloaded wiring in communal lighting or laundry rooms can be a major fire risk.
Flammable materials in common areas. Items like rubbish, furniture, or decorations can provide fuel for a fire.
Who Can Carry Out a Fire Risk Assessment?
The law does not specify exactly who can carry out a fire risk assessment. However, the assessment must be ‘suitable and sufficient’, meaning it must be conducted by someone with the necessary competence and knowledge of fire safety regulations.
A competent person should:
Have adequate training or experience in fire safety.
Understand fire hazards, prevention methods, and safety regulations.
Be able to identify risks and recommend appropriate safety measures.
Ideally, hold certifications from recognised organisations, such as the Institute of Fire Engineers (IFE) or the Fire Protection Association (FPA).
The Consequences of Non-Compliance
Failure to conduct a proper fire risk assessment can result in serious consequences, including:
Legal action. Local fire authorities have the power to enforce compliance, issue fines, or, in severe cases, prosecute.
Financial penalties. Businesses and individuals who fail to comply can face unlimited fines.
Endangering lives. A poorly managed fire risk assessment can lead to unsafe conditions, increasing the likelihood of injury or loss of life in a fire.
Fire Authority Enforcement Measures
Fire and Rescue Services have the authority to enforce fire safety regulations. If a building is found to have serious fire safety failings, fire officers can take action such as:
Issuing an informal notice. Advising the responsible person to improve fire safety measures.
Serving an enforcement notice. Legally requiring improvements within a set timeframe.
Issuing a prohibition notice. Restricting or prohibiting the use of a building if it poses an immediate risk.
Taking legal action. Prosecuting those who fail to comply, which can lead to fines or imprisonment.
Regular inspections by fire authorities help ensure compliance, and responsible persons must act on any recommendations given to improve fire safety.
A fire risk assessment is not just a legal requirement, it is a vital step in ensuring the safety of residents, employees, and visitors. Whether carried out by a trained responsible person or a professional fire risk assessor, it plays a crucial role in identifying potential hazards and implementing measures to prevent fires. Regular reviews and adherence to best practices can help keep buildings safe and compliant with fire safety laws.
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