Firstly though a little background, to start with what are the aims of the RRO?   In the words of the explanatory notes to the order itself,

“The aim of the proposed reform is to reduce burdens on business that are caused by the existence of multiple, overlapping general fire safety regimes – and consequently overlap of the responsibilities of enforcing authorities. The proposed order would consolidate and rationalise much existing fire safety legislation (currently scattered across a large number of statutes and secondary legislation) into one order. In doing so it would reduce the number of enforcing authorities dealing with general fire safety matters. The reform would maintain and enhance the protection afforded to users of premises (and others who might be affected by a fire on the premises) by the existing legislation.”

In layman’s terms the RRO is intended to simplify fire legislation and in particular to remove the overlap between the Fire Precautions Act 1971 and the Fire Precautions (Workplace) Regulations 1997. The central aim of the Fire Precautions Act 1971 is to ensure that, in the event of a fire, the occupants can evacuate the premises safely, while the Fire Precautions (Workplace) Regulations 1997 requires employers to identify risks and take
steps to remove or reduce them.

In particular the objectives of the RRO are to:

• Create a single regime, which can be better understood and administered by both businesses and the relevant authorities
• To create a regime clearly based on risk assessment and fire prevention and mitigation measures
• To increase compliance
• To focus resources for fire prevention on those premises which present the greatest risk
• To ensure that fire safety facilities and equipment (including fire alarms) are well maintained

From the perspective of a building owner the major transparent change under the new regime will be the removal of Fire Certificates and the Office of the Deputy Prime Minister (ODPM) estimates that this alone will save business £1.65M per year. In addition ODPM believes that the new regime will promote greater compliance and more focus on fire prevention in high-risk properties.  For example its is estimated that a reduction in the number of fires in England and Wales of 5%, 10% and 15% would achieve annual savings of £39m, £79m and £118m respectively, not to mention the unquantifiable saving in terms of the human costs of fire outlined above.

The RRO places the onus of the fire safety in buildings on the shoulders of the Responsible Person. This person is

• the employer (where there is one)
• the person in control of the premises in connection with the carrying on of a trade, business or other undertaking (for profit or not)
• the owner
• any other person who to any extent exercises control over the place

Under the RRO the responsible person will be required to ensure that an assessment of the risk of, and from, fire is undertaken for the place and activity. Identified hazards will be removed or reduced so far as is reasonable and special consideration will be given to the risks posed by the presence of dangerous chemicals or substances and the risks that these pose in case of fire. Special consideration will also be given to any group of persons who may be especially at risk in case of fire, whether due to their location or any other factor.

All precautions provided will be subject to maintenance and will be installed and maintained by a “competent person”.  Under the RRO a person is to be regarded as competent where he/she has sufficient training and experience or knowledge and other qualities to enable him/her properly to assist in undertaking the preventive and protective measures. For commercial buildings the main enforcing body will be the local fire and rescue authority.

The RRO will be supported by a number of Guidance Documents that will be building type specific and these will give help to the Responsible Person with regard to how risk assessments should be carried out for their particular type and size of building. The ASFP has a role to play in supporting the RRO with the main emphasis being upon education via its seminars and publications. Perhaps the most logical publication to start with is ‘Ensuring Best Practice for Passive Fire Protection in Buildings’. This was developed using partial funding from the Department of Trade and Industry and contains guidance on all aspects of the design, installation and maintenance of passive fire protection.