THE FIRE SAFETY ORDER

The Regulatory Reform (Fire Safety) Order 2005

This section is dedicated to the interpretation and understanding of the Fire Safety Order.

Click on each link to see the Article text, together with the guidance produced by the government in respect of each Article. It is my intention to provide a legal interpretation in respect of the most commonly used Articles in due course. In the meantime, I have included some discussion posts which outline my experience of the way in which the courts have interpreted various parts of the Order.

The Original Purpose of the Fire Safety Order

Part 1

General

Article 1 – Citation, Commencement and Extent

Article 2 – Interpretation

• Fire Fighters as ‘Relevant Persons’

Article 3 – Meaning of ‘Responsible Person’

• Evidencing the Responsible Person
• Responsible Persons (A3) and ‘Persons with Control’ (A5)

Article 4 – Meaning of ‘General Fire Precautions’

Article 5 – Duties Under This Order

• Control – ‘to any extent’
• Matters Within your Control
• Article 5 and the Domestic Tenant

Article 6 – Application to premises

Article 7 – Disapplication of Certain Provisions

---

Part 2

FIRE SAFETY DUTIES

Article 8 – Duty to Take General Fire Precautions

• Article 8 – Or Not?
• What Does ‘Reasonably Practicable’ Actually Mean?

Article 9 – Risk Assessment

Article 14 – Emergency Routes and Exits

Article 15 – Procedures for Serious and Imminent Danger

• Care Home Evacuation Concerns

Article 16 – Additional emergency measures in respect of dangerous substances

Article 17 – Maintenance

Article 18 – Safety Assistance

• Enforcement and the Fire Alarm Engineer

Article 19 – Provision of information to employees

Article 20 – Provision of information to employers and the self-employed from outside undertakings

Article 21 – Training

Article 22 – Co-operation and Co-ordination

• Duty to Co-operate

Article 23 – General Duties of Employees at Work

• Case: Employee Convicted Under Article 23

Article 24 – Power to make Regulations about Fire Precautions

---

Part 3

ENFORCEMENT

Article 25 – Enforcing Authorities

Article 26 – Enforcement of Order

Article 27 – Powers of Inspectors

• Obstruction Regulations in Need of Reform

Article 28 – Exercise on behalf of fire inspectors of their powers by fire officers

Article 29 – Alterations notices

Article 30 – Enforcement notices

• 10 things you need to know about enforcement notices
• The Drafting of the Enforcement Notice

Article 31 – Prohibition notices

---

Part 4

OFFENCES and APPEALS

Article 32 – Offences

• The Rise of Article 32(8)

Article 33 – Defence

• Due Diligence – Interpretation

Article 34 – Onus of Proving Limits of what is Reasonably Practicable

Article 35 – Appeals

Article 36 – Determination of Disputes by Secretary of State

• Link to determinations made by the Secretary of State under Article 36
• Link to Determination Request Process

 

Both the Regulatory Reform (Fire Safety) Order 2005 and the Regulatory Reform (Fire Safety) Order 2005 Guidance Note No. 1: Enforcement, are published here in accordance with Crown Copyright. They are published for research and study purposes.
The Regulatory Reform (Fire Safety) Order 2005- © Crown Copyright 2005
The Regulatory Reform (Fire Safety) Order 2005 Guidance Note No. 1: Enforcement- © Crown Copyright 2007

---

---