We often refer to the term ‘responsible person’ in many of our articles. And we thought it would be worth revisiting that particular phrase as it doesn’t just refer in the most general sense to people who have responsibilities for fire safety. It’s an official term, referenced in The Regulatory Reform (Fire Safety) Order 2005 and more recently in other legislation including the Fire Safety Act 2021. Obviously everyone has responsibilities for keeping themselves and others around them safe from the risk of fire. But the term ‘responsible person’ confers specific accountability for activities and actions that are required by law in a commercial (non-domestic) premises.
So what makes you a ‘responsible person’?
The legal definition can be found here, but in general terms a responsible person could be:
· The building owner
· An employer using the premises to run their business
· A landlord
· The premises occupier
· Anyone else who has control of the premises – for example, a facilities manager or managing agent like a letting agent.
You can have more than one responsible person. In that case, the fire safety responsibilities must be clearly allocated. And there needs to be cooperation and good communication between them to make sure that collectively they’re fulfilling all their fire safety responsibilities.
What kinds of responsibilities does the responsible person have?
The responsible person’s duties will vary. It depends on many things including the nature of the building and of the business or organisation. These are some of the main areas that a responsible person would be expected to cover:
Completing the fire risk assessment The responsible person must ensure a detailed fire risk assessment has been completed. The fire risk assessment is needed to identify potential fire hazards and the people at risk, and the necessary steps to reduce or remove those risks. The responsible person’s also accountable for making sure the assessment’s kept up to date.
Creating a fire safety plan and implementing fire safety measures
Once the fire risk assessment is completed or has been reviewed, the responsible person must make sure there’s a fire safety plan, covering things like employee responsibilities and evacuation procedures. They must also ensure all the necessary fire safety measures are in place too to address the identified risks. These will include things like fire alarm systems, fire extinguishers, passive fire protection like fire doors, and emergency lighting. On an ongoing basis, they must make sure the fire plan is maintained, and fire safety measures are reviewed and updated.
Providing fire safety training and information
Building users will need to be given an appropriate amount of fire safety training, which must also be kept up to date through refreshers. All relevant fire safety information must be made easily available too, such as evacuation procedures, fire safety policies, and fire safety equipment instructions for use.
Maintaining fire safety equipment and systems
Ultimately, it’s the responsible person who must make sure all fire safety equipment and systems are being tested and serviced regularly in accordance with the appropriate requirements and frequency.
Can the responsible person delegate their duties?
Yes, they can. But anyone taking on those duties must be competent. In other words, as defined in the Fire Safety Order, they need to be someone who “has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures”.
But there’s no avoiding the fact that ultimately, the responsible person or persons is/ are the ones accountable for making sure all fire safety duties are fulfilled. If they don’t, it can have many consequences. If a failing is identified, action will be taken in some form and penalties can be severe. Opportunities might be given to make improvements in a specified time period through the use of alteration, enforcement or prohibition notices. But there could also be substantial fines, criminal records and even imprisonment.
For example, last summer two care home directors based in East Sussex were fined nearly £125,000 for multiple fire safety offences. In the spring of 2024, a Lancashire landlord was jailed for a range of fire safety failings. First and foremost though, it’s vitally important to never lose sight of the fact of the worst consequence of all. If a responsible person fails to comply with their fire safety obligations, ultimately it could result in injury or death.
Do you have responsibilities for fire safety in your organisation?
If so, then please don’t hesitate to contact us to discuss how we can support you with fulfilling all your fire safety obligations.