FireNet Community
THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005 => Q & A => Topic started by: SeaBass on April 14, 2015, 07:12:53 PM
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It could be argued that a vacant premises is not a work place. However, there may well be relevant persons in close proximity to the building, and the premises are likely to be visited for periodic inspection or viewing by potential developers, purchasers or tenants. Therefore are there any plausible arguments that the RP could use for not carrying out FRAs of such premises?
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It doesn't matter whether it is a workplace or not - the Fire Safety Order applies to any premises other than:
(a)domestic premises, except to the extent mentioned in article 31;
(b)an offshore installation within the meaning of regulation 3 of the Offshore Installation and Pipeline Works (Management and Administration) Regulations 1995;
(c)a ship, in respect of the normal ship-board activities of a ship?s crew which are carried out solely by the crew under the direction of the master;
(d)fields, woods or other land forming part of an agricultural or forestry undertaking but which is not inside a building and is situated away from the undertaking?s main buildings;
(e)an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994 or a vehicle exempted from duty under that Act;
(f)a mine within the meaning of section 180 of the Mines and Quarries Act 1954, other than any building on the surface at a mine;
(g)a borehole site to which the Borehole Sites and Operations Regulations 1995 apply.
A risk assessment and resulting general fire precautions is therefore still required - as it isn't generally going to be an long in depth document it's often covered as part of a general H&S Liability Assessment, although we have carried out full standalone FRAs for clients - often where the vacant area is part of a larger premises (as recent example being a vacant bar at ground level under flats)
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Check out art 3, if it is not a workplace, which is the case in a empty premises then 3 b applies and the owner or managing agents are the RP with duties to implement art 8 to 22.