17 March 2010
Fire Safety in Commercial Premises

The tragic fire in Lakanal which killed 6 people has brought Fire Safety Law and Practise sharply back into focus. All businesses now need to review their Fire Safety Risk Assessments and ensure that their fire safety provisions are robust enough to protect life should a fire incident occur.

Buildings are no longer inspected by a local fire prevention officer for the purposes of issuing a fire certificate. So owners and occupiers no longer have the comfort of relying on that certificate to show that they have done all that is required of them to comply with fire safety law.

Since the 1st April 2006 all commercially used property, whether in public or private sector, must have a Fire Safety Risk Assessment. Such a Risk Assessment is also required for properties where there is an element of shared use - such as an office block; shopping centres; blocks of flats; houses in multiple occupation; hostels or bed and breakfast type accommodation.

The Order places the responsibility for fire safety on the “Responsible Person” for the building or premises. So in the case of an office complex the responsible person would be the employer where the office is under his control. However, in a property with shared or common parts, for example a shopping mall foyer, the responsible person for those common areas would be the owner of the property as well as the occupiers served by that area. In such a development, there is a clear need to ensure cooperation and partnership in preparing and adopting the Fire Safety Risk Assessment.

The Risk Assessment needs to identify:

• The fire risks from the building design and layout
• The fire prevention measures in place and those to be used in the future
• The fire evacuation procedures
• As well as the regular reviewing and monitoring of fire safety compliance.

The Fire Safety Risk Assessment should include fire fighting equipment; fire detection systems; emergency routes and exits; fire marshals well as procedures to deal with serious and imminent danger.

Kathryn Gilbertson, Director and Head of Business Defence at Greenwoods Solicitors LLP said: "It is likely that many properties will require significant improvement to comply with the new approach to fire safety. It is the responsible person’s duty to ensure that the property is compliant and many will be considering upgrading fire alarms and smoke detection equipment as well as the installation of intumescent strips and cold smoke seals on any newly designated fire doors. These works will be necessary since a property’s old fire certificate would not have revised or amended since the date of construction and so would not have improved along with any changes in best practise and Government expectation."

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