Guide

Responsible person duties: the articles behind every fire cost

Updated

Fire compliance spending makes far more sense once you can see which duty each invoice answers. Here is the mapping, taken from the Order itself.

Who the responsible person is

gov.uk describes the responsible person as an employer, the owner, the landlord, an occupier, or anyone else with control of the premises, for example a facilities manager, building manager, managing agent or risk assessor (gov.uk). More than one person can hold duties in the same building, which is why leases and management agreements matter so much to who pays for what.

The duties, and the invoices they generate

Article 9, risk assessment
Make a suitable and sufficient assessment of the risks to which relevant persons are exposed, review it regularly, and record it. Spend: the assessment fee, the review cycle, and the work in its action plan.
Article 13, fire-fighting and fire detection
Equip the premises with appropriate fire-fighting equipment and with fire detectors and alarms where necessary, make them easily accessible and indicated by signs, and nominate competent persons to implement fire-fighting measures. Spend: alarm servicing, extinguisher servicing, signage.
Article 14, emergency routes and exits
Keep routes to emergency exits, and the exits themselves, clear at all times, and provide emergency routes and exits requiring illumination with emergency lighting of adequate intensity in case the normal lighting fails (legislation.gov.uk). Spend: emergency lighting testing, battery replacement, exit route remediation.
Article 17, maintenance
Ensure the premises and any fire safety facilities, equipment and devices are subject to a suitable system of maintenance and are maintained in an efficient state, in efficient working order and in good repair. Spend: everything with the word servicing in it, plus fire doors and dampers.
Article 21, training
Provide adequate fire safety training when employees are first employed and on being exposed to new or increased risks, repeated periodically where appropriate, in working hours. Spend: induction training, refreshers, fire warden courses, drills.

Wording condensed from the Regulatory Reform (Fire Safety) Order 2005 (legislation.gov.uk). Article 13 also requires the responsible person to nominate a sufficient number of competent persons and to arrange any necessary contacts with the emergency services.

Competence, and what it costs to evidence

Article 13 defines a competent person as someone with sufficient training and experience or knowledge and other qualities to enable them properly to implement the measures. The Order does not name a certification scheme. In practice responsible persons evidence competence through third party certification of contractors, engineer qualifications and sample reports, and that evidence is part of what you are paying for when a certified firm quotes more than an uncertified one.

Where the duty cannot be delegated

  • You can buy in the assessment, the servicing and the training. The duty to have them, and to act on what they say, stays with the responsible person.
  • A contractor's report that sits unread does not discharge article 17. What discharges it is a maintenance system that visibly works.
  • Where premises form part of a larger building, article 17 allows arrangements with other occupiers, and requires their cooperation. Get that split written down rather than assumed.
  • gov.uk states that you could be fined or go to prison if you do not follow fire safety regulations, and that fire and rescue authorities can inspect premises and issue notices.

This page summarises statutory duties so you can budget against them. It is not fire safety or legal advice, and a competent assessor should decide what your building actually needs.

Questions, answered directly

Who counts as the responsible person under the Fire Safety Order?

gov.uk describes the responsible person as an employer, the owner, the landlord, an occupier, or anyone else with control of the premises, for example a facilities manager, building manager, managing agent or risk assessor. In a building with several occupiers, more than one person can hold duties at once.

Can I delegate fire safety compliance to a contractor?

You can buy the work, but not the duty. The Fire Safety Order places the obligations on the responsible person, so appointing a servicing company does not transfer article 17 or article 9. What contractors give you is the competence and the evidence that the system of maintenance is working.

What happens if a building fails a fire safety inspection?

Fire and rescue authorities can inspect premises and issue fire safety notices requiring changes, and gov.uk states you could be fined or go to prison if you do not follow fire safety regulations. In practice most enforcement starts with a notice and a deadline, which is far cheaper to answer if your records are already in order.

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