Are businesses playing with fire?

Businesses in the region remain unaware of their obligations when it comes to fire safety says a leading commercial property lawyer.

Jon Austin, a partner in Higgs & Sons' commercial property team, says that businesses which occupy and control a workplace will almost certainly have duties under the Regulatory Reform (Fire Safety) Order 2005, and in his experience, many remain unaware of what these are.

"When it comes to fire safety, businesses' obligations are numerous.  In order to comply in the first instance, businesses must conduct a fire risk assessment regardless of the size of the risk, with this assessment being kept under continual review.

"If five or more people are employed by the business then the risk assessment must be formally documented. Having a fire risk assessment alone is not enough, with businesses also being responsible for taking general fire precautions to ensure so far as reasonably practicable the fire safety of employees."

Other duties include:

• Obligations to take measures for fire safety and fire detection (including the provision of fire fighting equipment)
• Ensuring that fire safety equipment and emergency routes and exits are properly maintained and kept in working order

Jon says that it's not only businesses who control a workplace who are responsible for compliance - anyone with overall management of a building, occupiers of premises and owners of premises can also have obligations.

"Nearly all premises are caught by the regulations, with the only main exception being for domestic premises," says Jon.

"The consequence of non-compliance is strict. In one case an international petroleum company in London was fined £300,000 and ordered to pay £45,000 in costs.  In Nottinghamshire, a pub landlord was given a nine month prison sentence (suspended for 12 months), was ordered to do 180 hours of community service and had to pay £2,200 costs.  In London, a hotel had a fire risk assessment carried out and failed to act on the findings. The hotel which subsequently closed was later prosecuted and ordered to pay more than £21,000."

Jon says that businesses in the region need to take their responsibilities extremely seriously. "If you own a business or are responsible for a commercial property you need to know the law and act on it."

For more information about Higgs & Sons' Commercial Property department please contact Jon Austin on 01384 327240.

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