Fire Regulations - January 2023 Update: What You Need to Know

Following the Hackett review and the Grenfell Tower Inquiry, the government has continued to enact additional fire safety legislation. As a result, the regulations governing day-to-day fire safety rules have been amended.

The Fire Safety Act 2021 (FSA 2021), which went into effect in England in May 2022, is now fully operational in both Wales and England.

The Fire Safety Regulations apply only to multi-occupied residential buildings in England and impose new rules for:

• Non-high-rise buildings - for example, fire safety instructions must be provided to residents
• Buildings over 11 metres - for example, annual checks of fire doors must be performed
• Buildings over 18 metres - for example, floor plans must now be provided to Fire and Rescue Services

What does the Fire Safety Act 2021 say?

The FSA 2021 expands the scope of the Fire Safety Order to include the safe maintenance of the building’s structure, exterior walls (including cladding, windows, doors, and balconies), and individual flat entry doors between private premises and the communal elements of multi-occupied residential structures.

The new Act says that fire risk assessments must be undertaken and updated as needed to ensure that control mechanisms are in place to guarantee that the building can be safely occupied.

The FSA 2021 and its accompanying regulations will provide a clearer route for legal action and punishment against any Responsible Person who fails to meet their duties. Penalties for violations of fire safety regulations include unlimited fines and/or imprisonment. Average fines for fire safety violations have skyrocketed in the aftermath of Grenfell, so it is vital that the Responsible Person understands their responsibilities and can ensure the highest fire safety standards are met.

Know the Responsible Person's (RP) duties

The notion of a "Responsible Person" (RP) is not new; the RP of a business already has certain responsibilities under the current Fire Safety Order. The RP is the person who is accountable for the safety on-site under the new regulations.

The RP is typically the premises owner, but in residential complexes, it can also be any other person in charge of the communal areas or the outside of the property.

New duties for the Responsible Person

Any changes in duties for the RP will depend on the type of building in which they operate. As such, the new responsibilities depend on if the RP is in:

• Provide relevant fire safety instructions to residents, including instructions on how to report a fire, and what a resident must do once a fire has occurred, based on the evacuation strategy for the building
• Provide residents with information relating to the importance of fire doors in fire safety

Provide fire door information and fire safety instructions
• Conduct annual checks of entrance doors to flats and quarterly checks to all fire doors in common areas

• Provide fire safety training, fire door information, and fire door inspections
• Install and maintain a secure information box in the facility, which must include the Responsible Person's name and contact information, and hard copies of the relevant floor plans
• Maintain current digital floor plans for the local Fire and Rescue Service and keep a copy in the Information Box
• Send information on the design and materials used in the external wall to the local fire department, along with specifics about any dangers and mitigating measures performed

To guarantee compliance with the Fire Safety Regulations, systems must be in place by January 23, 2023. Ensure that your premises are fully compliant with the latest regulations by reading through the Fire Regulations January 2023 Update.