Fire Safety Legislation

Fire Safety Order

The Fire safety Order is the only piece of fire legislation that applies to all non-domestic premises (with a few minor exceptions).

The Order applies in England and Wales.  It covers general fire precautions and other fire safety duties which are needed to protect ‘relevant persons’ in case of fire in and around most ‘premises’.

The Order requires fire precautions to be put in place ‘where necessary’ and to the extent that it is reasonable and practicable in the circumstances to do so.  Under the Regulatory Reform (Fire Safety) Order 2005, the responsible person must carry out, or appoint a competent person to carry out a suitable and sufficient fire risk assessment.  This must include the risks of fire to their employees, and others who may be affected by their work or business.

Explosives Licensing

With certain exceptions, a licence is required for the storage and/or manufacture of explosives.  HSE licences manufacturing activities and larger explosives stores. Smaller stores, holding less than 2 tonnes of explosives, are usually licensed by HSE or registered with the local authority (Cornwall Fire and Rescue Service) or the police.

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Petroleum Licensing

Petrol is a dangerous substance, storage and use of petrol in workplaces is covered by the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).  Dispensing petrol into a vehicle is covered by other legislation and in addition requires a licence.

Licensing Act 2003

The Licensing Act 2003 applies to premises which are used for the sale or supply of alcohol, providing regulated entertainment, or late night refreshments.

The Licensing Act 2003 requires the Licensing Authority (Cornwall Council) to consult with the Fire Authority (Cornwall Fire and Rescue Service) on matters relating to public safety (fire safety).

Housing Fire Safety

This page is intended to give you an idea which (if any) law applies to a dwelling to protect relevant persons in case of fire.  The advice on this page is not intended to be a definitive guide, or a substitute for competent advice that should be sought specifically based on your property.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 which come into force on the 1 October 2015 will require landlords to install and check smoke and Carbon Monoxide (CO) alarms.

Public Risk Register

The Public Risk Register contains a searchable database of premises that have been issued a prohibition, alteration and enforcement notice.

Definitions of the above mentioned notices:

Prohibition/Restriction: Where the Inspecting Officer is of the opinion that the risk to persons in case of fire, is so serious it will be necessary for the Fire and Rescue Service to prohibit or restrict the use of parts of the premises.

Alterations: Where the Inspecting Officer is of the opinion that any structural alterations being made to the premises will constitute a serious risk to relevant persons (whether due to the features of the premises, their use, any hazard present or any other circumstances).

Enforcement: Where the Inspecting Officer is of the opinion that the responsible person, being under the obligation to do so, has failed to comply with any provision of the Regulatory Reform (Fire Safety) Order within the time allocated to them.