Health and Safety
Executive / Commission
Fire and explosion
Communities and Local Government (CLG) has policy responsibility for general fire safety in all non-domestic premises (including the common parts of blocks of flats and houses in multiple occupation) in England. The Scottish Government and Welsh Assembly Government have similar responsibilities in Scotland and Wales.
General fire safety in England and Wales is delivered through compliance with the Regulatory Reform (Fire Safety) Order 2005 (‘the Order’). In Scotland, fire safety duties are contained in Part 3 of the Fire (Scotland) Act 2005, as amended, and the Fire Safety (Scotland) Regulations 2006.
The legislation implements a risk based approach to fire safety in community, industrial and business premises. It requires the responsible person (usually the employer, owner or occupier) to carry out a fire safety risk assessment and implement appropriate fire precautionary and protection measures, and to maintain a fire management plan.
Fire and Rescue Authorities are the principal enforcers and have a statutory duty to enforce the requirements of the legislation.
Further information on the purpose and application of the Regulatory Reform (Fire Safety) Order 2005 in England and Wales is available on the CLG and Welsh Assembly Government websites, along with detailed guidance on how to ensure compliance in a range of businesses premises:
The legislation in Scotland is broadly equivalent but with some differences in respect of application, terminology and the detailed provisions. Information on the Scottish legislation and its guidance documents can be found on:
HSE no longer have responsibility for premises under the Fire Certificate (Special Premises) Regulations 1976 (FC(SP)R). This has been revoked with effect from 1st October 2006 since the commencement of Part 3 of the Fire (Scotland) Act 2006.
In the majority of cases, responsibility for enforcement of fire safety legislation in respect of “special premises” has transferred from HSE to the relevant local fire and rescue authority.
These pages provide information about HSE’s role in fire safety
HSE is mainly concerned with process fire precautions. These are the special fire precautions, required in any workplace in connection with the work process that is being carried out there (including the storage of articles, substances and materials relating to that work process). They are to prevent or reduce the likelihood of a fire breaking out and if a fire does occur, to reduce its spread and intensity. Some examples of process fire precautions are:
Process fire precautions are enforced by HSE or the local authority, under the Health and Safety at Work etc Act 1974 (HSW Act); the Management of Health and Safety at Work Regulations 1999 (MHSWR); and more specific health and safety legislation such as the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).
DSEAR includes a risk assessment requirement plus measures for reducing risks from fire and explosion arising from dangerous substances (eg flammables such as petrol, paints, solvents) at the workplace. DSEAR also requires employers to maintain work processes in an efficient state, in working order and in good repair, but again this is based on the findings of the risk assessment.
There are certain sectors where, because of the nature of the work, HSE has enforcement responsibility for all fire precautions (including general fire precautions) such as offshore installations, underground mines, nuclear sites, ships under construction and some construction sites.
The Building Regulations 2000 deal with building controls in new and altered premises. They define the types of buildings and building work which are subject to controls and specify the requirements for building design and construction in relation to, for example, the health and safety of building users, energy conservation, access and facilities for the disabled, and fire safety (including means of warning; escape routes; internal and external fire spread). CLG is responsible for building regulations in England and Wales and Scottish Building Standards Agency is responsible for separate building legislation in Scotland. Further information can be found on the CLG and SE websites.
Advice on carrying out a fire risk assessment, including a 5-step risk assessment checklist and detailed guidance for businesses, is available on the CLG website and, for Scotland, on the fire law website – see links above. If you require information in Welsh, please visit:
Advice for employers (particularly those with small and medium sized businesses) and the self-employed on the basic requirements of the Dangerous Substances and Explosive Atmospheres Regulations can be found in the HSE leaflet:
Fire Protection Association (FPA) is the UK’s national fire safety organisation. It identifies and draws attention to fire dangers by providing information and advice through leaflets; publications and visual aids; a library/information service; training courses; seminars and conferences.
You can find out more about FPA on their website at or you can contact them at:
London Road
Moreton in Marsh
Gloucestershire
GL56 0RH
Tel: 01608 812500
Website: www.thefpa.co.uk/
The Department for Business, Enterprise and Regulatory Reform (BERR) deals with consumer safety and protection.
