New fire safety responsibilities: Section 156 of the Building Safety Act 2022
On the 1st October 2023 the new Building Safety Act 2022 came into effect. It applies to all industrial and commercial sites and forms Phase 3 of the Home Office’s fire safety reform programme, building on Phase 1 (the Fire Safety Act 2021) and Phase 2 (the Fire Safety (England) Regulations 2022).
The UK is no stranger to the devastation that fires unleash. It suffered another blaze as recently as 25th August 2023 in an East London business centre on Fairfield Road in Bow. It took 15 fire engines and about 100 firefighters to tame the fire.
Statistics show that fire services attended 707,549 fire-related incidents in Great Britain alone over the 2021/2022 period. That is 71,472 more callouts compared to the previous year.
In the wake of these incidents and the disastrous Grenfell Tower fire of 2017, authorities brought legislation under the microscope to ramp up fire safety. If you want to know how the new legislation impacts your fire safety responsibilities, read on. We’ve broken everything down so that you know exactly where you stand and what you have to do.
How has the Fire Safety Order 2005 changed?
In the past, Responsible Persons – whether it be building owners, landlords, tenants, guests or other parties – followed the stipulations of the Regulatory Reform (Fire Safety) Order 2005 (RRFSO). This piece of legislation formed part of the Regulatory Reform Act 2001.
The government developed the new Building Safety Act 2022 to address gaps in existing legislation. This law also contains changes to existing fire safety regulations under Section 156. Essentially, Section 156 of the Building Safety Act 2022 amends the RRFSO and makes significant changes to the management of fire safety.
The RRFSO applied to England and Wales as Scotland and Ireland used their own fire-safety legislation. Before the implementation of the RRFSO, the Fire Service conducted fire risk assessments and issued fire safety certificates. The RRFSO placed this duty on Responsible Persons.
However, it didn’t stipulate any timeframes or minimum qualifications for these risk assessments. This resulted in several non-compliant fire risk assessments as assessors lacked qualification and registration with accredited fire safety organisations.
What is Section 156?
The Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 made urgent changes to fire safety laws, while the Building Safety Act 2022 brought in new standards when it comes to the design, construction or refurbishment of any building higher than 18 metres.
Section 156 of the Building Safety Act 2022 places additional responsibilities originally made under the RRFSO 2005. Subsection 4 of the Building Act places additional duties Duty to facilitate building safety in higher-risk buildings the specific details can be found within the new Fire Safety (England) Regulations
which came into effect in January 2023, The duties in these Regulations supplement those imposed by the Regulatory Reform (Fire Safety) Order 2005,
It focuses on the fire safety duties of Responsible Persons. The section stipulates that Responsible Persons must fully document all relevant information and share this with tenants and other Responsible Persons.
This section also requires that competent assessors perform fire risk assessments. Lawmakers must still define the exact nature of this competency, but it is certain that any assessor must have the required knowledge, training and experience to conduct a fire risk assessment.
Who does Section 156 apply to?
As stated, Section 156 of the Fire Safety Order 2023 applies to all multi-occupancy residences and non-domestic premises. This includes:
- Any commercial building, such as office blocks, warehouses and shopping centres.
- A place containing two or more domestic dwellings, such as flats.
- Holiday accommodation, such as holiday lets, chalets and cottages.
If a property sleeps more than 10 people and has more than four bedrooms on the first floor, it still follows the existing guidance in the Fire Safety Risk Assessment for Sleeping Accommodation. Note that this does not pertain to a building that has self-contained living units on a single floor, such as an apartment block.
It’s possible for small paying guest accommodations to perform their own risk assessments. However, it’s better if a qualified Responsible Person performs the assessment to tick all the boxes. From 1st October 2023, the new legal duties of Responsible Persons include:
- Supplying clear and relevant information.
- Ensuring that all people assisting the Responsible Person are competent.
- Keeping full written records of fire safety risk assessments and all fire safety measures, including the identity of the Responsible Person and assistants.
- Affecting proper handover and contact detail changes when a new Responsible Person takes over.
How can my business comply with Section 156?
Section 156 rests on two core pillars: improving fire safety transparency and the essence of risk assessments. Responsible Persons must therefore provide written evidence of all matters related to fire safety.
Businesses must appoint qualified and competent Responsible Persons to record all fire safety information, which includes alarms, fire doors, extinguishers and evacuation routes. The Responsible Person must share this with all relevant parties, from employers and supervisors to landlords and tenants.
To ensure that your Responsible Person meets the legal requirements, it is best to hire certified assessors from organisations such as the Institute of Fire Safety Managers and the Institute of Fire Engineers. Getting a fire safety risk assessment guide not only helps with assessments but also clarifies the specific duties when it comes to different buildings. Building owners, managers, employers and occupiers can use this two-part guide.
Fire safety is crucial. To ensure fire safety and help prevent devastating incidents, all must comply with the Fire Safety Order 2023.