If your business has fire extinguishers, someone has a legal duty to make sure they’re the right ones, in the right places, and in working order. Here’s who that person is, and what the duty involves. This article covers England and Wales, where the law is the Regulatory Reform (Fire Safety) Order 2005.
The “responsible person”
Fire safety law places the duty on the responsible person. That’s the employer, owner, landlord or occupier of the premises, or anyone else with control of them. GOV.UK gives facilities managers, building managers and managing agents as examples.
In a business you control, that’s usually you. In a building shared with other businesses, there may be several responsible persons, and the law requires them to work together.
What the responsible person has to do
The responsible person must:
- carry out a fire risk assessment, and review it regularly
- put in place appropriate fire safety measures, which include firefighting equipment where it’s needed
- keep those measures maintained in efficient working order and good repair
- make sure staff have the information and training they need
So it isn’t enough to have extinguishers on the wall. They need to be suitable for the risks in each area, and they need to be maintained.
How extinguishers should be maintained
The law doesn’t set out a servicing method. The recognised code of practice, BS 5306-3, recommends:
- a monthly check by someone on site, to make sure each extinguisher is in place, unobstructed, with its pin and seal intact and, where it has a gauge, the needle in the green
- a service at least once a year by a competent person
- an extended service at longer intervals, such as a discharge test every five years for most types, and an overhaul or replacement of carbon dioxide extinguishers every ten years
A competent person is someone with the training and experience to do the job properly. Industry schemes such as BAFE SP101 exist to show a servicing company’s competence, and you can ask any company what qualifications its technicians hold.
Shared and multi-occupied buildings
In an office block, a parade of shops or a building divided into units, responsibility is often split. Typically:
- the landlord or managing agent is responsible for the common parts, such as shared corridors, stairs and reception areas
- each tenant is responsible for the areas they occupy
The lease should say who does what, but it doesn’t always, and gaps are common. If you’re a tenant, ask your landlord or agent who maintains the extinguishers in the shared areas. If you manage the building, make sure each tenant knows what you cover and what they need to cover themselves.
What about the people who work there?
Employees have duties too: to take reasonable care of themselves and others, and to cooperate with their employer on fire safety. In practice, that means not blocking or moving extinguishers, reporting one that’s been used or damaged, and following the training they’ve been given.
Who checks?
Fire safety law is enforced by the local fire and rescue authority, which can inspect premises and require improvements. An out-of-date or missing extinguisher service is one of the easiest things for an inspector to spot.
If you’re the responsible person and you’d like your extinguishers looked after, with a reminder before each service is due, see our extinguisher servicing or get a quote.