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Managing agents and commercial property owners could find themselves in breach of the law following new fire rules, which came into force on October 1st. The Regulatory Reform (Fire Safety) Order 2005 (FSO) is the biggest shake-up of the legislation in 30 years. It signals the end of traditional fire certificates, with managing agents and owners now directly accountable for fire risk.
“Far more responsibilities are being passed to managing agents and owners”, explains Peter Gallacher, Principal Fire Safety Advisor for Metro Safety. “The new rules oblige them to manage all aspects of fire safety, including the appointment of a ‘competent person’ to undertake a risk assessment on their behalf. They must maintain sprinklers and alarms and any communal fire fighting equipment on their property - if they don’t, they could find themselves in court”.
Sir Graham Meldrum, head of Her Majesty’s Fire Service Inspectorate, confirms the government’s strong new stance: “Failure to comply with the new rules could lead to prosecution. In extreme cases, the fire authority has the power to stop the premises being used”.
Enforcement will involve the Fire and Rescue Service inspecting properties. “Visits will be carried out at the FRS’ discretion”, explains Gallacher. “They have a duty to implement the new legislation, and warnings will be given with fines of up to £5,000 on owners and managing agents whose properties don't comply”.
So how should managing agents react to the new legislation? Though the fire assessment can be carried out by the owner themselves - or by a tenant running a business from the premises, in all cases - a ‘competent person’ must conduct the assessment, and it is up to the ‘responsible person’ to ensure that the individual or organisation conducting the assessment is sufficiently experienced, knowledgeable and knows their limitations.