Fire (Scotland) Act 2005 - Revision history

Designing Buildings at 15:15, 8 May 2024

2024-05-08T15:15:57Z

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	* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2004/406/contents/made The Building (Scotland) Regulations 2004].		* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2004/406/contents/made The Building (Scotland) Regulations 2004].

−	[[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]	+	[[Category:DCN_Legislation]] [[Category:Building_safety]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]

Editor at 15:11, 20 August 2021

2021-08-20T15:11:26Z

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	* Fire fatalities in Scotland.		* Fire fatalities in Scotland.
	* Fire Safety Bill.		* Fire Safety Bill.
		+	* Interlinked fire alarm safety laws in Scotland.
	* Responsible person under the Regulatory Reform (Fire Safety) Order 2005.		* Responsible person under the Regulatory Reform (Fire Safety) Order 2005.
	* ‎Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.		* ‎Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.

Editor at 11:41, 10 August 2021

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	* ‎Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.		* ‎Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.
	* The need for company fire risk assessments.		* The need for company fire risk assessments.
		+	* Scottish Advice Note addresses fire risk in multi-storey residential buildings.
	* Scottish building standards.		* Scottish building standards.
	* Scottish planning and architecture documents.		* Scottish planning and architecture documents.

Editor at 17:14, 12 January 2021

2021-01-12T17:14:31Z

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	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* Building safety in Wales.
	* Construction fire safety responsibility and competence matrix.		* Construction fire safety responsibility and competence matrix.
	* Fire.		* Fire.

Editor at 12:23, 17 December 2020

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	* Construction fire safety responsibility and competence matrix.		* Construction fire safety responsibility and competence matrix.
	* Fire.		* Fire.
		+	* Fire fatalities in Scotland.
	* Fire Safety Bill.		* Fire Safety Bill.
	* Responsible person under the Regulatory Reform (Fire Safety) Order 2005.		* Responsible person under the Regulatory Reform (Fire Safety) Order 2005.

Designing Buildings at 07:24, 14 December 2020

2020-12-14T07:24:30Z

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	= Introduction =		= Introduction =

−	The Fire (Scotland) Act 2005 (“the 2005 Act”) was passed on 23 February 2005. It is an Act of the Scottish Parliament ~~made~~ to "make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and situations other than fires; to make provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC; to make other provision in relation to fire safety in certain premises; and for connected purposes."	+	The Fire (Scotland) Act 2005 (“the 2005 Act”) was passed on 23 February 2005. It is an Act of the Scottish Parliament to "make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and situations other than fires; to make provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC; to make other provision in relation to fire safety in certain premises; and for connected purposes."

−	In England and Wales, requirements on general ~~[https://www.designingbuildings.co.uk/wiki/Fire_safety~~ fire safety] are covered in the Regulatory Reform (Fire Safety) Order 2005, which came into force in 2006.	+	In England and Wales, requirements on general fire safety are covered in the Regulatory Reform (Fire Safety) Order 2005, which came into force in 2006.

	= Protecting non-domestic premises =		= Protecting non-domestic premises =

−	The 2005 Act is divided into five parts. Requirements on general fire safety are covered in Part 3 of the Act ~~2005~~ and supported by the Fire Safety (Scotland) Regulations 2006 (“the 2006 Regulations”).	+	The 2005 Act is divided into five parts. Requirements on general fire safety are covered in Part 3 of the Act and supported by the Fire Safety (Scotland) Regulations 2006 (“the 2006 Regulations”). This introduced a fire safety regime for Scotland which replaced previous fire safety legislation. It also provided detailed updates of fire related duties, including enforcement and penalties for the majority of non-domestic premises in Scotland.

−	Part 3 of the 2005 Act introduced a fire safety regime for Scotland which replaced previous fire safety legislation. It also provided detailed updates of fire related duties, including enforcement and penalties, for the majority of non-domestic premises in Scotland. Non-domestic premises are defined as:	+	Non-domestic premises are defined as:

	* All workplaces and commercial premises.		* All workplaces and commercial premises.
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	= Role of the duty holder =		= Role of the duty holder =

−	In Scotland, the duty holder is the counterpart to the ‘responsible person’ designation under the Regulatory Reform (Fire Safety) Order 2005 in England and Wales. The duty holder could be the employer or any other person who has control to any extent of any part of the premises (such as the occupier or owner)~~. Employees have a duty to cooperate with employers to ensure the safety of others from fire~~.	+	In Scotland, the duty holder is the counterpart to the ‘responsible person’ designation under the Regulatory Reform (Fire Safety) Order 2005 in England and Wales. The duty holder could be the employer or any other person who has control to any extent over any part of the premises (such as the occupier or owner).

−	The duty holder must conduct a fire risk assessment of the premises that takes into consideration the safety of all 'relevant persons' in case of fire.	+	The duty holder must conduct a fire risk assessment of the premises that takes into consideration the safety of all 'relevant persons' in case of fire. Employees have a duty to cooperate with employers to ensure the safety of others from fire.

	= The Fire Safety (Scotland) Regulations 2006 =		= The Fire Safety (Scotland) Regulations 2006 =

−	~~As guidance for the 2005 Act, the~~ 2006 Regulations were introduced as part of the fire safety regime. While the primary legislation (the 2005 Act) contains a broad brush approach to fire safety measures, the 2006 Regulations contain more detailed provisions.	+	The 2006 Regulations were introduced as part of the fire safety regime. While the primary legislation (the 2005 Act) contains a broad brush approach to fire safety measures, the 2006 Regulations contain more detailed provisions. They impose fire safety duties on employers made under powers contained in Part 3 of the 2005 Act..
−		+
−	~~These regulations~~ impose ~~some~~ fire safety duties on employers made under powers contained in Part 3 of the 2005 Act. ~~However, they only apply to the extent that Part 3 applies and creates powers to make such regulations~~.	+

	= Guidance =		= Guidance =

Editor at 17:29, 11 December 2020

2020-12-11T17:29:40Z

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	The Scottish Government provides several resources as guidance for different types of non-residential existing buildings. These include:		The Scottish Government provides several resources as guidance for different types of non-residential existing buildings. These include:

−	[https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Guidance on carrying out a fire safety risk assessment] for people responsible for non-domestic premises and houses of multiple occupation (HMO).	+	* [https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Guidance on carrying out a fire safety risk assessment] for people responsible for non-domestic premises and houses of multiple occupation (HMO).
−		+	* [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-non-residential-premises-9781788511322/ Fire safety guidance for existing non-residential premises] (2017) for owners of premises including commercial, industrial, transport, educational, day care and places of entertainment and assembly.
−	[https://www.gov.scot/publications/practical-fire-safety-guidance-existing-non-residential-premises-9781788511322/ Fire safety guidance for existing non-residential premises] (2017) for owners of premises including commercial, industrial, transport, educational, day care and places of entertainment and assembly.	+	* [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-premises-sleeping-accommodation/ Fire safety guidance for existing premises with sleeping accommodation] (2018) for employers and managers of premises which provide sleeping accommodation, including hotels and bed and breakfast accommodation, camping and caravan sites and all types of houses in multiple occupation (HMO).
−		+	* [https://www.gov.scot/publications/practical-fire-safety-guidance-care-homes/ Fire safety guidance for care homes] (2014) for those who have responsibility for ensuring fire safety in care homes in Scotland.
−	[https://www.gov.scot/publications/practical-fire-safety-guidance-existing-premises-sleeping-accommodation/ Fire safety guidance for existing premises with sleeping accommodation] (2018) for employers and managers of premises which provide sleeping accommodation, including hotels and bed and breakfast accommodation, camping and caravan sites and all types of houses in multiple occupation (HMO).	+	* [https://www.gov.scot/publications/fire-safety-guidance-evacuating-disabled-people-from-buildings/ Practical guidance for the emergency evacuation of disabled people] for those who have control of, or have safety obligations in respect to non-domestic premises, to ensure that arrangements are in place for an evacuation of the premises, if the situation requires it.
−		+	* [https://www.legislation.gov.uk/ssi/2004/406/contents/made Building (Scotland) Regulations 2004] for those designing new buildings. Note that there is a new technical handbook, [https://www.gov.scot/publications/building-standards-technical-handbook-2020-non-domestic/ Building standards technical handbook 2020: non-domestic], which provides guidance on achieving these regulatory requirements.
−	[https://www.gov.scot/publications/practical-fire-safety-guidance-care-homes/ Fire safety guidance for care homes] (2014) for those who have responsibility for ensuring fire safety in care homes in Scotland.	+
−		+
−	Practical guidance for the emergency evacuation of disabled people for those who have control of, or have safety obligations in respect of non-domestic premises, to ensure that arrangements are in place for an evacuation of the premises, if the situation requires it.	+
−		+
−	Building (Scotland) Regulations 2004 for those designing new buildings. Note that there is a new technical handbook, Building standards technical handbook 2020: non-domestic, which provides guidance on achieving these regulatory requirements.	+

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =
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	= External resources =		= External resources =

−	* ~~Legislation~~.~~gov.uk~~, [https://www~~.legislation~~.gov.uk/~~asp~~/~~2005/5/2016~~-12-~~20 Fire Safety (Scotland) Act 2005~~].	+	* Gov.scot, [https://www.gov.scot/publications/building-standards-technical-handbook-2020-non-domestic/ Building standards technical handbook 2020: non-domestic].
−	* ~~Legislation~~.~~gov.uk~~, [https://www~~.legislation~~.gov.uk/~~ssi~~/~~2006~~/~~456/contents/made~~ Fire ~~Safety (Scotland) Regulations 2006~~].	+	* Gov.scot, [https://www.gov.scot/publications/fire-safety-guidance-evacuating-disabled-people-from-buildings/ Fire safety guidance: evacuating disabled people from buildings].
	* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-care-homes/ Fire safety guidance for care homes].		* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-care-homes/ Fire safety guidance for care homes].
	* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-premises-sleeping-accommodation/ Fire safety guidance for existing premises with sleeping accommodation].		* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-premises-sleeping-accommodation/ Fire safety guidance for existing premises with sleeping accommodation].
	* Gov.scot, [https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Fire safety risk assessment: forms and guidance].		* Gov.scot, [https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Fire safety risk assessment: forms and guidance].
	* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-non-residential-premises-9781788511322/ Practical fire safety guidance for existing non-residential premises].		* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-non-residential-premises-9781788511322/ Practical fire safety guidance for existing non-residential premises].
		+	* Legislation.gov.uk, [https://www.legislation.gov.uk/asp/2005/5/2016-12-20 Fire Safety (Scotland) Act 2005].
		+	* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2006/456/contents/made Fire Safety (Scotland) Regulations 2006].
		+	* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2004/406/contents/made The Building (Scotland) Regulations 2004].

	[[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]		[[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]

Editor at 17:24, 11 December 2020

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	[https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Guidance on carrying out a fire safety risk assessment] for people responsible for non-domestic premises and houses of multiple occupation (HMO).		[https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Guidance on carrying out a fire safety risk assessment] for people responsible for non-domestic premises and houses of multiple occupation (HMO).

−	Fire safety guidance for existing non-residential premises (2017) for owners of premises including commercial, industrial, transport, educational, day care and places of entertainment and assembly.	+	[https://www.gov.scot/publications/practical-fire-safety-guidance-existing-non-residential-premises-9781788511322/ Fire safety guidance for existing non-residential premises] (2017) for owners of premises including commercial, industrial, transport, educational, day care and places of entertainment and assembly.

−	Fire safety guidance for existing premises with sleeping accommodation (2018) for employers and managers of premises which provide sleeping accommodation, including hotels and bed and breakfast accommodation, camping and caravan sites and all types of houses in multiple occupation (HMO).	+	[https://www.gov.scot/publications/practical-fire-safety-guidance-existing-premises-sleeping-accommodation/ Fire safety guidance for existing premises with sleeping accommodation] (2018) for employers and managers of premises which provide sleeping accommodation, including hotels and bed and breakfast accommodation, camping and caravan sites and all types of houses in multiple occupation (HMO).

−	Fire safety guidance for care homes (2014) for those who have responsibility for ensuring fire safety in care homes in Scotland.	+	[https://www.gov.scot/publications/practical-fire-safety-guidance-care-homes/ Fire safety guidance for care homes] (2014) for those who have responsibility for ensuring fire safety in care homes in Scotland.

	Practical guidance for the emergency evacuation of disabled people for those who have control of, or have safety obligations in respect of non-domestic premises, to ensure that arrangements are in place for an evacuation of the premises, if the situation requires it.		Practical guidance for the emergency evacuation of disabled people for those who have control of, or have safety obligations in respect of non-domestic premises, to ensure that arrangements are in place for an evacuation of the premises, if the situation requires it.
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	* Legislation.gov.uk, [https://www.legislation.gov.uk/asp/2005/5/2016-12-20 Fire Safety (Scotland) Act 2005].		* Legislation.gov.uk, [https://www.legislation.gov.uk/asp/2005/5/2016-12-20 Fire Safety (Scotland) Act 2005].
	* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2006/456/contents/made Fire Safety (Scotland) Regulations 2006].		* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2006/456/contents/made Fire Safety (Scotland) Regulations 2006].
−	* Gov.~~Scot~~, [https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Fire safety risk assessment: forms and guidance].	+	* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-care-homes/ Fire safety guidance for care homes].
		+	* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-premises-sleeping-accommodation/ Fire safety guidance for existing premises with sleeping accommodation].
		+	* Gov.scot, [https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Fire safety risk assessment: forms and guidance].
		+	* Gov.scot, [https://www.gov.scot/publications/practical-fire-safety-guidance-existing-non-residential-premises-9781788511322/ Practical fire safety guidance for existing non-residential premises].

	[[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]		[[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]

Editor at 17:18, 11 December 2020

2020-12-11T17:18:46Z

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	The Fire (Scotland) Act 2005 (“the 2005 Act”) was passed on 23 February 2005. It is an Act of the Scottish Parliament made to "make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and situations other than fires; to make provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC; to make other provision in relation to fire safety in certain premises; and for connected purposes."		The Fire (Scotland) Act 2005 (“the 2005 Act”) was passed on 23 February 2005. It is an Act of the Scottish Parliament made to "make provision about fire and rescue authorities and joint fire and rescue boards; to restate and amend the law in relation to fire services; to make provision in relation to the functions of such authorities and boards in connection with certain events and situations other than fires; to make provision for implementing in part Council Directives 89/391/EEC, 89/654/EEC, 91/383/EEC, 94/33/EC, 98/24/EC and 99/92/EC; to make other provision in relation to fire safety in certain premises; and for connected purposes."

−	In England and Wales, requirements on general [https://www.designingbuildings.co.uk/wiki/Fire_safety fire safety] are covered in ~~The~~ Regulatory Reform (Fire Safety) Order 2005, which came into force in 2006.	+	In England and Wales, requirements on general [https://www.designingbuildings.co.uk/wiki/Fire_safety fire safety] are covered in the Regulatory Reform (Fire Safety) Order 2005, which came into force in 2006.

	= Protecting non-domestic premises =		= Protecting non-domestic premises =
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	* All premises with public.		* All premises with public.
	* All types of houses in multiple occupation (HMO).		* All types of houses in multiple occupation (HMO).
		+
		+	= Role of the duty holder =
		+
		+	In Scotland, the duty holder is the counterpart to the ‘responsible person’ designation under the Regulatory Reform (Fire Safety) Order 2005 in England and Wales. The duty holder could be the employer or any other person who has control to any extent of any part of the premises (such as the occupier or owner). Employees have a duty to cooperate with employers to ensure the safety of others from fire.
		+
		+	The duty holder must conduct a fire risk assessment of the premises that takes into consideration the safety of all 'relevant persons' in case of fire.

	= The Fire Safety (Scotland) Regulations 2006 =		= The Fire Safety (Scotland) Regulations 2006 =

Editor at 17:12, 11 December 2020

2020-12-11T17:12:48Z

← Older revision		Revision as of 17:12, 11 December 2020
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	The Scottish Government provides several resources as guidance for different types of non-residential existing buildings. These include:		The Scottish Government provides several resources as guidance for different types of non-residential existing buildings. These include:

−	Guidance on carrying out a fire safety risk assessment for people responsible for non-domestic premises and houses of multiple occupation (HMO).	+	[https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Guidance on carrying out a fire safety risk assessment] for people responsible for non-domestic premises and houses of multiple occupation (HMO).

	Fire safety guidance for existing non-residential premises (2017) for owners of premises including commercial, industrial, transport, educational, day care and places of entertainment and assembly.		Fire safety guidance for existing non-residential premises (2017) for owners of premises including commercial, industrial, transport, educational, day care and places of entertainment and assembly.
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	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* Construction fire safety responsibility and competence matrix.
		+	* Fire.
		+	* Fire Safety Bill.
		+	* Responsible person under the Regulatory Reform (Fire Safety) Order 2005.
		+	* ‎Risk assessment under The Regulatory Reform (Fire Safety) Order 2005.
		+	* The need for company fire risk assessments.
	* Scottish building standards.		* Scottish building standards.
	* Scottish planning and architecture documents.		* Scottish planning and architecture documents.
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	* Legislation.gov.uk, [https://www.legislation.gov.uk/asp/2005/5/2016-12-20 Fire Safety (Scotland) Act 2005].		* Legislation.gov.uk, [https://www.legislation.gov.uk/asp/2005/5/2016-12-20 Fire Safety (Scotland) Act 2005].
	* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2006/456/contents/made Fire Safety (Scotland) Regulations 2006].		* Legislation.gov.uk, [https://www.legislation.gov.uk/ssi/2006/456/contents/made Fire Safety (Scotland) Regulations 2006].
		+	* Gov.Scot, [https://www.gov.scot/publications/fire-safety-risk-assessment-forms-and-guidance/ Fire safety risk assessment: forms and guidance].

	[[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]		[[Category:DCN_Legislation]] [[Category:Health_and_safety_/_CDM]] [[Category:Other_legislation]] [[Category:Roles_/_services]]