Fire safety and fire risk assessment

Duties of the appropriate person for fire safety

Guide

The appropriate person is someone who has the duty of carrying out or arranging a fire risk assessment of their business premises. They must also implement and maintain appropriate and adequate fire safety measures to minimise the risk to life from fire. See fire safety responsibility.

If you are the appropriate person for fire safety you must make sure that:

  • fire risks are removed, reduced, or managed to an acceptable level to protect lives
  • everyone who may be in, or around, your business property can escape if a fire breaks out

Fire risk assessment and actions to take

As part of the fire risk assessment you need to think about all the people who might be on your commercial property at a given time, including employees, visitors or members of the public. You need to pay particular attention to those who may need special help, such as elderly or disabled people or children.

You must:

  • carry out a fire risk assessment and identify possible dangers and risks that could lead to a fire or endanger life if a fire were to break out
  • think about who might be particularly at risk - for example, disabled employees, or people who work with hazardous chemicals
  • remove or reduce the risk from fire, as far as reasonably possible
  • put in place fire precautions to deal with any risks that remain
  • make sure there is protection if you use or store flammable or explosive materials
  • have a fire management plan in place to deal with emergency situations including evacuation procedures, and appoint a suitable number of competent persons to help implement it
  • record your fire risk assessment findings and any actions you have taken to remove or reduce fire risk if you employ five or more people
  • review your fire risk assessment on a regular basis or after significant workplace changes

Main requirements under the fire safety legislation.

Who should carry out the fire risk assessment?

Those with the responsibility for the business premises are likely to be best placed to maintain fire safety precautions and understand and address the risk to lives and property that a fire could present.

The duty to carry out and implement a fire risk assessment lies with the appropriate person for fire safety. Achieving fire safety is often a matter of common sense, and in many cases there may be no need for specialist or formal knowledge or training, providing the appropriate person makes enough time available to go through all the necessary steps to carry out an effective fire risk assessment.

In carrying out a fire risk assessment, however, the appropriate person may choose to appoint one or more people with sufficient training, experience, or knowledge, known as a competent person, to assist them with fire safety measures. The level of necessary competence is not prescribed in the Fire and Rescue Services (Northern Ireland) Order 2006 or Fire Safety Regulations (Northern Ireland) 2010, which recognises that the extent of competency will vary according to the nature and complexity of the business property involved.

Fire safety law enforcement

The main enforcers of fire safety law are the Northern Ireland Fire & Rescue Service (NIFRS), who must be satisfied with your fire safety measures. If they are not satisfied, they will offer you advice on what you need to do to improve fire safety on your business premises.

The NIFRS will visit business premises to ensure compliance with fire safety legislation. If the NIFRS finds major fire safety failings, they can serve an enforcement notice requiring you to make improvements to ensure your premises complies with the fire safety law. NIFRS will take a supportive and balanced approach by helping you to understand and meet regulatory requirements. NIFRS enforcement policy.