Communities and Local Government

The use of certain types of premises has been designated by the Secretary of State as requiring a fire certificate under the Fire Precautions Act 1971 (in Northern Ireland under the Fire Services (Northern Ireland) Order 1984 as amended). There are two designating orders in force in Great Britain - one relates to larger hotels and boarding houses; the other to those factories, offices, shops and railway premises in which people are employed to work.

The first designating order (the Fire Precautions (Hotels and Boarding Houses) Order 1972) requires a fire certificate when premises are used as a hotel or boarding house which will provide sleeping accommodation for more than six people (whether employees or guests) or if they provide sleeping accommodation for employees or guests elsewhere than on the ground or first floors of the premises.

The second designating order (the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989) requires that a fire certificate be applied for when more than 20 people are at work at any one time in your workplace, or more than 10 are at work at any one time elsewhere than on the ground floor.

In buildings in multiple occupation containing two or more similar premises, a certificate must be sought when the number of workers exceeds the above totals. Fire certificates are also required for factory premises where explosive or highly flammable materials are stored or used, regardless of the number of people at work, unless the fire and rescue authority has determined otherwise. (The fire and rescue authority may exempt premises from the certification requirement if they consider them to be of low risk.)

To apply for a fire certificate you should ask the fire safety office of your local fire and rescue authority for an application form. When it is completed, you should return the form.

In many cases where the requirements of the Fire Regulations are complied with, this will provide sufficient protection from fire for the fire and rescue authority to issue a fire certificate without any further action. This is likely to be the case if you have taken full account of the other people who may be present and the means of escape in case of fire.

In cases where both the Fire Regulations and the requirement for a fire certificate apply, it is advisable to discuss the fire precautions you propose, as a result of your risk assessment, with the fire and rescue authority before putting the precautions in place. This will allow any special requirements, which may be needed for the fire certificate to be issued, to be considered at the same time and help to avoid any unnecessary expenditure.

If you already hold a fire certificate under the Fire Precautions Act 1971 the law requires you to notify the fire and rescue authority before making any change to the fire precautions in your workplace as a result of your risk assessment if such change affects the terms and conditions of your fire certificate.