Who is Responsible For Emergency Lighting

Emergency Lighting is of the utmost importance and is a legal requirement in premises across the UK, whether it’s an office, hotel, factory or a block of flats. In England and Wales the Regulatory Reform (Fire Safety) Order 2005, usually referred to as the Fire Safety Order (FSO), brings very significant fines for breaches of the order (with or without a fire) and offenders are aggressively prosecuted. It is therefore vital that businesses, organisations and individuals are aware of the regulations and the obligations they impose.

The responsibility for emergency lighting rests on the shoulders of a ‘Responsible Person’, which is someone who has control, or a degree of control, over premises and fire-safety systems within premises. In English law a ‘person’ can be either an individual or an entity such as a limited company.

Therefore the “Responsible Person” could be the building owner, landlord, facilities manager, estates manager, building occupier or designated person. They may all individually or collectively be responsible for the safety of everyone who might lawfully be on the premises at any time.

For rented commercial or industrial premises the building owner or landlord is likely to be responsible for compliance around the exterior of the premises, whilst compliance inside, unless agreed otherwise in the lease, will be the responsibility of the occupiers.

The fact that there may be several different ‘Responsible Persons’ within one premises, has raised major issues concerning exactly who can be prosecuted for breaches of fire legislation.

The Fire and Rescue Service has the responsibility to enforce the FSO and to identify those persons who have responsibility for fire safety provision in specific premises. The FSO gives fire safety inspectors the power to make enquiries, enabling them to identify.

The legislation applies to most non-domestic premises and covers nearly every type of building and structure, such as:

Healthcare and education establishments
Offices and shops
Factories and warehouses
Sleeping accommodation, hotels, hostels and B&Bs.

In healthcare and education premises the trust or education entity and its chief executive is ultimately responsible together with those staff or consultants to whom responsible person or competent person responsibility has been delegated. Additionally fire safety personnel and advisors are likely to be considered to have responsibility even though they hold no budgetary control.

Put simply, the ‘Responsible Person’ (or ‘Responsible Persons’) must ensure everyone on the premises, or nearby, can escape safely if there is a fire or failure of the mains power supply, and must pay particular attention to those who may need extra help or have a disability.

Cumberland Court Limited – £22,000

Fine Director of Cumberland Court Limited, Karim Moloo from Middlesex was fined £22,000 by the Warwickshire Justice Centre, Leamington Spa in January 2013 for several breaches of the Regulatory Reform Order (Fire Safety) 2005.

Fire Safety Breaches

Failing to carry out a sufficient fire risk assessment

Not fitting suitable fire detectors and alarms

Having locked and blocked fire exits

Not having suitable testing arrangements in place for the emergency lighting

Failing to comply with an enforcement notice issued by West Midlands Fire Service

The ‘Responsible Person’ must also, in respect of emergency lighting:

Carry out a risk assessment and identify possible hazards and risks.
Provide adequate means of escape in the case of an emergency or loss of mains power – including sufficient and suitable, fire safety exit signs and emergency lighting.
Ensure emergency lighting is operational, tested and maintained in accordance with current legislation.
Ensure emergency lighting test results are documented and retained for future reference.
Regularly review all procedures and amend if necessary

Even for small retail premises and offices the requirements of the RRO apply. As with other commercial and industrial premises, the owner or landlord may be responsible for compliance of the exterior of the premises, whilst the occupier (who may be the same person) is responsible for compliance in the interior.

Where the risk assessment, testing or maintenance of emergency lighting is subcontracted the owner or landlord remains responsible to ensure that work is carried out adequately to satisfy requirements of the legislation.

Direct Furniture Ltd – £7,000

Fine A furniture company was fined £7,000 in 2015 for Regulatory Reform Order (Fire Safety) 2005 breaches at a Bury St Edmunds store. Suffolk Fire and Rescue Service was also awarded costs of £3,385.

Fire Safety Breaches

Fire officers investigating the concerns found:

The fire exits were not being maintained to an acceptable standard

A lack of a suitable fire risk assessment for the property

The ‘Responsible Person’ must carry out, or appoint a competent person to carry out, a sufficient assessment of the risks to their employees and other building occupier/visitors, who may be affected by their work or business, in the event of fire or loss of mains power.

A risk assessment is the foundation for all fire safety measures. It is used as a tool to help identify issues that require attention, and help plan ahead to protect staff and business. It is critically important that all those who, either directly or indirectly, have some responsibility for premises understand their duties, discharge these duties, can demonstrate that they have discharged these duties and where necessary have employed competent persons to assist them.

The responsible person for shared access routes and walkways of flats and similar domestic premises will normally be the owner or landlord. Even if the responsibility for emergency lighting risk assessment, testing and maintenance is subcontracted, the owner or landlord remains responsible to ensure that work is carried out adequately to satisfy requirements of the legislation.

Who is Responsible For Emergency Lighting