On January 23 2023, the new Fire Safety (England) Regulations 2022 came into force. These new rules represent the most significant changes made to fire safety law in recent years, and implement most of the recommendations of the Phase 1 report of the Grenfell Tower Inquiry.

 

Background

Weeks after the Grenfell disaster, in July 2017, the Communities Secretary launched an independent review of building regulations, led by engineer and former HSE chief executive Dame Judith Hackitt. It focused specifically on issues surrounding high-rise structures, including the regulatory system, compliance and enforcement and international regulation.

This was followed at the end of that year by an interim report calling for a ‘universal shift in culture’.

 

The government continues to implement new legislation following the Hackitt Review, while the Fire Safety Act 2021 (FSA 2021) came into force across England in May 2022 and now additionally applies to Wales. It clarifies the scope of the Fire Safety Order with respect to multi-occupied residential building, and offers a clearer path for prosecution and enforcement action.

 

The Fire Safety (England) Regulations 2022 also now apply, affecting residential buildings with multiple households in England and imposing separate rules for buildings over 18m and 11m in height.

 

Buildings 18m or higher (or with seven storeys) MUST do the following;

• Building plans - provide their local Fire and Rescue Service with up-to-date electronic building floor plans and place a hard copy, alongside a single-page building plan identifying key firefighting equipment, in a secure information box on the premises.

• External wall systems - tell their local fire service about the design and materials of a high-rise building’s external wall system and about any material changes to these walls. At the same time, they will have to provide details of the level of risk the design and materials of the external wall structure give rise to, plus any mitigating steps taken.

• Lifts and other fire-fighting equipment - check the lifts firefighters would use monthly, as well as evacuation lifts. Ensure that other key pieces of firefighting equipment work. Report faulty lifts or other defective equipment to the local fire brigade as soon as possible if the fault can’t be fixed within 24 hours, record the outcome of checks and ensure display this information where residents can see it.

• Information boxes - install and maintain a secure information box in the building. This must contain the name and contact details of the Responsible Person and paper copies of the building floor plans.

• Wayfinding signage - install signage that’s visible in low light or smoky conditions identifying flat and floor numbers in the stairwells of relevant buildings.

 

Buildings taller than 11m MUST:

• Fire doors - check flat entrance doors yearly and all fire doors in communal areas quarterly.

 

All other blocks comprising two or more flats must:

• Fire safety instructions - provide residents with relevant fire safety instructions, including on how to report a fire, plus any other information setting out what a resident must do once a fire has broken out, based on the building’s evacuation strategy.

• Fire door information - provide residents with information on the importance of fire doors in fire safety.

 

Who is the responsible person?

This is the person who is responsible for the safety of themselves and others who use a regulated premises.  It’s normally the building owner or, in residential properties, any other person in control of the premises. The responsible person is the one who must undertake most of the duties set out in the Fire Safety Order.

 

What is the Fire Safety Order?

This 2005 statutory instrument applies in England and Wales and places the responsibility on individuals in an organisation to carry out risk assessments to identify, manage and reduce the risk of fire.  The first step is knowing the size and importantly the height of your building.  FSSE are already working with our clients to advise on height and responsibilities to ensure they remain fully compliant.  

 

Potential penalties

Penalties for offences under fire safety legislation include unlimited fines and/or imprisonment of Directors or Responsible Persons for up to two years.

 

Talk to us if you have any questions about fire safety then contact us at info@firesafetysoutheast.co.uk