Understand your fire safety responsibilities

Blogs 9 Nov 2024

The consequences of failure to assess the risks, put appropriate measures in place, and ensure fire safety procedures are embedded in daily routines, are potentially disastrous:

Close up of someone holding a clipboard checking a fire extinguisher


A version of this article was first published in First Voice in November 2021.

Written by John Davidson, Approval Schemes Manager (Systems), National Security Inspectorate.

The risks posed to small businesses through fires are far-reaching and must be taken seriously by every business owner and site manager. The consequences of failure to assess the risks, put appropriate measures in place, and ensure fire safety procedures are embedded in daily routines, are potentially disastrous: the threat to life can lead to criminal liability.

Significant potential hazards can close down companies overnight and in this respect fire is often more dangerous than a physical security breach, given the scale and speed with which damage can result, not only from the fire but also from fire-fighting operations in terms of water damage.

For instance, a small business suffering a significant fire may simply be unable to reopen the next day, should this be prevented by damaged or destroyed site infrastructure, IT systems and stock – not to mention consequential reputational damage. In today’s social media connected world, any such incident represents bad news that can spread quicker and as damagingly as the fire itself.

Assessing risks

Fire risk assessment is the starting point for all fire safety measures protecting small business. Where five or more people are employed by the business as a whole, the results of the assessment must be documented for each site the business operates.

It’s a mandatory task, required by law, and for which responsibility rests with the site’s nominated ‘Responsible Person’ or ‘Duty Holder’. These are simply legal terms which in practice mean the small business owner or manager is almost inevitably responsible for the assessment.

Carrying out a life safety fire risk assessment is key to implementing sufficient fire prevention, protection, detection and suppression measures, alongside safe evacuation procedures to be used in the event of an incident. It is best conducted when a building is occupied and operational since any changes of use or occupancy are essential considerations, not simply perhaps the more obvious integrity of physical elements such as escape routes and fire doors.

Fire risk assessments must also be periodically reviewed to ensure they remain valid to take account of recent changes of use, occupancy or to the structure of a building. Measures identified in the assessment must be implemented to both comply with legislation and retain important insurance cover.

Legislative changes of note in 2024

The UK's fire safety legislation has seen notable updates in 2024, building on reforms aimed at improving fire protection, especially in higher-risk settings. Key changes include strengthened requirements for fire safety measures in new care homes, such as the mandatory installation of sprinkler systems from March 2025. This aligns with recommendations from fire safety bodies, emphasising better protections for vulnerable populations in care settings.

In line with the "Golden Thread" policy, which promotes comprehensive and transparent record-keeping of fire safety information, there is also a stronger emphasis on digital tools to manage fire safety data and risk assessments. This approach aims to ensure safety procedures are documented and accessible across building projects, particularly in high-rise and timber-based construction projects.

The UK's Building Safety Regulator has also reinforced competencies for responsible persons (RPs), placing increased responsibility on building owners and managers to maintain safe environments through regular assessments and compliance checks. This is complemented by enhanced oversight of fire risk assessments, ensuring qualified assessors conduct detailed evaluations.

There have also been updates to the competencies required for Responsible Persons (RPs) under the new fire safety legislation in the UK for 2024. Here are the key points:

  1. Competency Requirements: RPs must have the necessary skills, knowledge, and experience to carry out their duties effectively. This includes understanding fire safety legislation, conducting fire risk assessments, and implementing appropriate fire safety measures.
  2. Training and Qualifications: RPs are expected to undergo regular training and, where necessary, obtain relevant qualifications to ensure they remain competent in their role.
  3. Record Keeping: RPs must maintain detailed records of fire risk assessments, fire safety measures, and any incidents or near-misses. This documentation should be readily available for inspection by fire safety officers.
  4. Cooperation and Coordination: RPs must work closely with other duty holders, such as Accountable Persons and fire risk assessors, to ensure a coordinated approach to fire safety.
  5. Continuous Improvement: RPs should continuously review and update their fire safety practices to reflect any changes in legislation, building use, or occupancy.

These updates aim to ensure that RPs are well-equipped to manage fire safety effectively and protect the lives of building occupants.

How to discharge your duties

No one expects a small business owner/manager to be an expert on fire safety; where the ‘responsible person’ feels unable to apply available guidance themselves the fire risk assessment can be competently carried out by a service provider holding third-party approval from an accredited certification body such as NSI. This enables those responsible for the premises to discharge their legal requirements, fulfil insurance-related stipulations and gain valuable peace of mind.

There is a statutory duty on responsible persons (RPs) to make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions they need to take to comply with the requirements and prohibitions imposed on them by the Order. RPs can undertake the assessment themselves using statutory guidance published by the government to help them do so. However, our guidance and position recommends consulting or using a competent fire risk assessor (FRA) in anything other than a simple premises.

Approved (certificated) providers offer the additional reassurance of compliance with all relevant British and European standards and operational codes of practice across a range of services according to their Certificate of Approval, which can include fire detection and alarm systems, portable fire extinguisher services, emergency lighting as well as life safety fire risk assessment.

Common fire risks

Typical fire safety risks include electrical faults, misuse of equipment such as portable heaters, and blocking of fire escape routes.

Fixed wiring should be inspected at least every five years as per BS 7671 while equipment such as PCs, monitor screens and printers should be periodically checked in accordance with Health and Safety Executive guidance documents INDG236 or HSG107.

Good practice fire safety ‘housekeeping’ measures, combined with effective maintenance regimes, should include the weekly testing of fire alarms alongside monthly testing of emergency lighting by the ‘user’. Fire door closing mechanisms and locks should be periodically checked and door frames examined for any structural warping or damage, which may impede doors opening or closing. 

Interior and exterior checks should also be made for obstructions on evacuation routes such as stationery supplies or equipment inadvertently left on the floor. Weekly walk-abouts to ensure nothing blocks emergency fire doors are also recommended. Fire doors wedged open pose a serious life threat in the event of a fire and this is also a breach of fire safety legislation, laying the small business owner at risk of prosecution by the Fire & Rescue Service.

In summary

Fire safety for small businesses starts with assessing risks to protect against injury or loss of life for staff, customers, visitors and others working on-site, eg, contractors. Additionally, the potential extent of damage from flames, smoke, water and extinguishing foam damage in tackling any fire can be catastrophic.

A combination of fire safety systems, procedures and regular observational checks lie at the heart of preventing or minimising incidents, thereby safeguarding small businesses’ ability to trade without interruption.

Adopting good fire safety procedures, equipment and signage alongside appropriate systems identified in the fire risk assessment demonstrates respect for the risk and precautions necessary for small business owners to keep staff and customers safe.

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Whatever your sector, FSB Health and Safety takes the stress out of compliance. With workplace health and safety advice from industry experts, as well as online documentation and on-demand training, you’re in safe hands.

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