Responsible person under the Regulatory Reform (Fire Safety) Order 2005

[edit] Fire safety

The Regulatory Reform (Fire Safety) Order 2005 consolidated and rationalised previous fire safety legislation and reduced the number of enforcing authorities dealing with general fire safety matters.

The Order requires that the responsible person (the person having control of the building, or a degree of control) takes reasonable steps to reduce the risk from fire and makes sure people can safely escape if there is a fire. This includes all people that might visit the premises.

The Order defines the ‘responsible person’ as:

• In relation to a workplace, the employer, if the workplace is to any extent under his control;
• In relation to any premises other than workplaces:

1. The person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
2. The owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

Their duties of the responsible person are set out in articles 8 to 22 of the Order, and include:

• Taking fire precautions to ensure the safety of employees and premises.
• Undertaking a risk assessment.
• Adopting the principles specified in Part 3 of Schedule 1 (the principles of prevention) See Fire principles of prevention for more information.
• Making arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.
• Eliminating or reducing risks from dangerous substances.
• Ensuring premises are equipped with appropriate fire-fighting equipment and with fire detectors and alarms; and that any non-automatic fire-fighting equipment is easily accessible, simple to use and indicated by signs.
• Ensuring that routes to emergency exits and the exits themselves are kept clear at all times.
• Establishing appropriate procedures, including safety drills, to be followed in the event of serious and imminent danger to relevant persons.
• Ensuring that no relevant person has access to any area to which it is necessary to restrict access on grounds of safety, unless the person concerned has received adequate safety instruction.
• Adopting additional emergency measures in respect of dangerous substances.
• Ensuring equipment is maintained in an efficient state, in efficient working order and in good repair.
• Appointing one or more competent persons to assist them in undertaking preventive and protective measures.
• Providing information and training to employees
• Providing information to employers from outside organisations and the self employed.
• Co-operating and co-ordinating with other responsible persons.

[edit] Security

The Loss Prevention Standard (LSP 2082 : Issue 1.0), published by BRE Global in 2017, defines responsible persons(s) as:

‘The person(s) holding ultimate responsibility for facility security. They can be identified as:

• the person(s) in control of the facility (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
• the owner(s), where the person(s) in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.'

[edit] Other definitions

Government Functional Standard, GovS 002: Project delivery; portfolio, programme and project management, Version: 2.0, published on 15 July 2021 by HM Government, defines a responsible person as: ‘Someone who is responsible has some control over or care for an action, or the obligation to do something as part of a wider job role. Note: a responsible person is responsible to an accountable person, or themselves if they are the accountable person.’

Delivering the golden thread: Guidance for dutyholders and accountable persons, published by the Construction Leadership Council (CLC) in August 2024, defines the responsible person as: ‘the person who has duties in relation to fire safety under the Regulatory Reform (Fire Safety) Order 2005 for the non-residential parts of a building. In some buildings the Responsible Person, will also be an accountable person. But in some buildings, they will be different people. Under section 109 of the Building Safety Act 2022, the accountable persons are under a duty to cooperate with the Responsible Person and under the Fire Safety Order the Responsible Person is also under a duty to cooperate with the accountable persons.’

[edit] Related articles on Designing Buildings

• Assembly area.
• Building evacuation.
• Construction fire safety responsibility and competence matrix.
• Evacuation chair.
• Fire and rescue service.
• Fire authority.
• Fire compartment.
• Fire damper.
• Fire detection and alarm system.
• Fire door inspector.
• Fire Door Inspection Scheme.
• Fire inspector.
• Fire marshal.
• Fire Prevention on Construction Sites.
• Fire protection engineering.
• Fire safety information.
• Fire (Scotland) Act 2005.
• HSG 168 Fire safety in construction.
• Joint fire code.
• Means of escape.
• Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.
• The need for company fire risk assessments.
• The Regulatory Reform (Fire Safety) Order 2005.
• Visual alarm devices - their effectiveness in warning of fire.

Comments

The RRO doesn't require the appointment of a responsible person! The responsible person is defined in the order. So you are the responsible person if you are the employer or owner and it matters not a jot if someone writes a bit of paper "appointing". The RRO requires the "responsible person" to appoint "competent person(s)" to assist them. The distinction between "responsible person" and "competent person" is important

This has been corrected.