Meet your fire safety duties in Scotland

Scottish fire safety law puts duties on employers and on anyone who has control of non-domestic premises, to the extent of their control. It covers offices, shops, factories, warehouses, hotels, pubs and every other workplace. A house with a private dwelling is outside it, but a house that needs a licence as a house in multiple occupation, a care home and childminding premises are treated as non-domestic.

Who has the duties

Several people can hold duties for the same building at once. A landlord who lets units but keeps the stairs, corridors and alarm system still has duties for those areas. Using a contractor or an adviser does not pass the duty on: the person with the duty remains responsible. Where an explosive atmosphere may occur, whoever has overall responsibility for the premises must coordinate the protective measures.

Assess the fire risks

Look at what could start a fire, what could burn, who is at risk and how well they could get out. Pay particular attention to anyone who would struggle to respond to an alarm or leave quickly, and to any dangerous substances on site. Your assessment must cover everyone who may be there: employees, customers, visitors and contractors.

The assessment must be competent. You can do it yourself if you have the knowledge and experience. If you use a fire risk assessor, the Scottish Fire and Rescue Service (SFRS) advises checking their registration or certification, because you stay legally responsible for the result.

Put fire safety measures in place

The law does not set test intervals for alarms, extinguisher spacing or the frequency of drills. Your assessment and the equipment maker's instructions decide them, so record what you set and keep records of each check.

Train and inform your staff

Training must take place during working hours. Before employing a child you must give a parent information about the risks to the child. Employees have a duty of their own to take reasonable care and to co-operate with you.

What the SFRS can do

The SFRS audits on a risk basis, prioritising places where people sleep, receive care or face a high risk of danger.

An audit usually involves a nominated person who can unlock doors and answer questions. The SFRS may ask to see the documents below, so keep them to hand:

• your fire risk assessment and any action plan for its significant findings
• your fire safety arrangements and emergency evacuation plan
• drill and staff training records showing who was trained, when and in what
• staff information on fire safety and any dangerous substances
• routine checks and maintenance records showing what was checked, by whom and when
• evidence that a competent person has tested the alarm and detection system, emergency lighting, firefighting equipment and, where fitted, sprinklers and ventilation
• any history of fires or false alarms

Notices the SFRS can serve

Penalties