http://www.legislation.gov.uk/id/uksi/2005/1541/schedule/2

http://www.legislation.gov.uk/uksi/2005/1541/schedule/2/paragraph/38

The Regulatory Reform (Fire Safety) Order 2005

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Statute Law Database

REGULATORY REFORM, ENGLAND AND WALES

2024-05-16

Expert Participation

2024-04-25

This Order reforms the law relating to fire safety in non-domestic premises. It replaces fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty, in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe and a duty to carry out a risk assessment. The Order imposes a number of specific duties in relation to the fire precautions to be taken. The Order provides for the enforcement of the Order, appeals, offences and connected matters. It amends or repeals other primary legislation concerning fire safety to take account of the new system and provides for minor and other consequential amendments, repeals and revocations. The Order also gives effect in England and Wales to:Council Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work (O.J. No. L 183, 29.6.89, p. 1) (“the Framework Directive”) (except for provisions on accident reporting (article 9(1)(c) and (d) and (2)), employment protection rights (articles 7(2), 8(4) and (5) and 11(4)), and use of personal protective equipment (article 13(2)(b)));Council Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (O.J. No. L 206, 29.7.91, p. 19) (“the Temporary Workers' Directive”) (except for provisions on the responsibility of host undertakings to temporary workers (article 8));article 6 of, together with paragraphs 4 and 5 each of the annexes to, Council Directive 89/654/EEC concerning the minimum safety and health requirements for the workplace (O.J. No. L 393, 30.12.89, p. 1) (“the Workplace Directive”);articles 6 and 7 of Council Directive 94/33/EC (O.J. No. L216, 20.8.94, p.12) on the protection of young people at work;Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work (O.J. No. L 131, 05.05.98, p. 11 ) (“the Chemical Agents Directive”); andCouncil Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (O.J. No. L 23, 28.01.00, p. 57) (“the Explosive Atmospheres Directive”),

The Regulatory Reform (Fire Safety) Order 2005

art. 9A

Building Safety Act 2022

s. 156(4)

s. 170(4)(b)

(c)

SCHEDULE 2AMENDMENTS OF PRIMARY LEGISLATION.

Clwyd County Council Act 198538

1

The Clwyd County Council Act 1985 M1 is amended as follows.

2

Omit section 21 (byelaws etc. in relation to oil-burning equipment) and section 23 (fire precautions in buildings used for storage of flammable substances).

3

In section 24(1) (fire and safety precautions in public and other buildings) for the words from “If it appears” to “such building” substitute “ If it appears to a district council that for the purpose of preventing injury or danger (other than injury or danger arising from fire) to persons resorting to any building to which section 24 of the Building Act 1984 (provision of passages) applies ”.

4

In section 26 (modification of section 72 of the Building Act 1984) omit subsection (3).

5

In section 42 (byelaws with regard to certain temporary structures)—

a

in subsection (1) after the words “fire authority” insert “ and subject to subsection (1A) ”; and

b

after subsection (1) insert—

1A
No byelaw may be made under this section in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.