Department for Communities and Local Government

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• Fire safety guidance and legislation
• Fire safety law and guidance documents for business
• Determinations under the Fire Safety Order

Determinations under the Fire Safety Order

The Regulatory Reform (Fire Safety) Order 2005 (the Order) places responsibility for fire safety in non-domestic with a Responsible Person for the premises. Under the Order the Responsible Person is required to carry out a fire risk assessment and put in place appropriate fire safety measures to manage the risk based on the specific circumstances of their premises.

The Order is enforced by periodic inspections or audits by the enforcing authority (usually the Fire and Rescue Authorities).

Where both parties (Responsible Person and Enforcing Authority) agree that there is a need for improvements to fire precautions but disagree on the technical solution to be used, they may agree to refer the issue to the Secretary of State for independent determination under article 36 of the Order.

Related publications

• Determination on the suitability and sufficiency of a fire risk assessment in a hotel in respect of the adequacy of the existing bedroom fire doors

  • Published: 9 May 2012
  • Site: Fire and emergencies

• Determination in respect of the use of self-closing devices on bedroom doors in a care home

  • Published: 19 July 2011
  • Site: Fire and emergencies

• Regulatory Reform (Fire Safety) Order 2005 Guidance Note No. 2: Determination request process under article 36 for enforcing authorities and responsible persons

  • Published: 8 March 2010
  • Site: Fire and emergencies

• Determination in respect of the fire safety adequacy of fire detection in a hotel (Ref 004/006/003)

  • Published: 13 August 2009
  • Site: Fire and emergencies

• Determination in respect of the fire safety adequacy of bedroom doors in a heritage hotel (Ref 004/002/55)

  • Published: 5 December 2008
  • Site: Fire and emergencies

• FRS Circular 64/2008 - Secretary of State Determination under article 36 of the Fire Safety Order

  • Published: 5 December 2008
  • Site: Fire and emergencies

• Regulatory Reform (Fire Safety) Order 2005 Guidance Note No. 2: Determination of Disputes by the Secretary of State

  • Published: 23 October 2007
  • Site: Fire and emergencies