Fire Safety (Scotland) Regulations 2006
What this means for your business
- Applies to
- United Kingdom
- On this page
- 21 compliance obligations, 2 practical guides
What you must do
21 compliance obligations under this legislation.
Risk assessment 4
Assess dangerous substances for fire safety
If you have or might have any dangerous substances in your premises, you must carry out a fire safety assessment (or review) that looks at the hazards, how the substances are used, stored and handled, and any potential for explosive atmospheres. This ensures you identify and manage the risks linked to those substances.
Carry out fire‑risk assessment for young persons before hiring
Unlimited fineBefore you employ anyone under 18 you must have completed (or updated) a fire‑risk assessment that looks at any hazards specifically affecting young people. If you haven’t done this assessment you must not hire the young person. This means you need to check your fire safety plans and records whenever you take on a young employee.
Consider employee fire‑safety capabilities when assigning tasks
If you have fire‑safety responsibilities under the Regulations, you must check that any staff you assign to fire‑related duties have the health and safety knowledge, fitness and ability to work safely with fire. Before you give someone a task, assess whether they are capable of handling the fire‑related risks involved.
Include fire‑risk factors for young workers in assessments
Unlimited fineIf you employ anyone under 18 in Scotland, you must make sure your fire risk assessment specifically looks at how their inexperience, the layout of the premises, exposure to physical or chemical agents, the equipment they’ll use, how work is organised, the fire‑training you’ll give them and any risks listed in the EU young‑workers directive could affect fire safety. You need to record this assessment before they start work.
Management duties 13
Complete fire‑safety duties before starting new work with dangerous substances
If you plan any new work that uses a dangerous substance, you must first make sure the fire‑safety assessments and other Chapter 1 duties have been carried out. You cannot start the work until those duties are signed off. This prevents unsafe handling of hazardous materials on your site.
Control risks from dangerous substances in your premises
If your business stores, uses or handles dangerous substances you must put in place a clear hierarchy of controls – keep quantities to a minimum, stop releases, control sources, stop explosive atmospheres, safely contain any releases, remove ignition sources and keep incompatible substances apart. You also need to have mitigation measures, safe plant design, maintenance, emergency shutdown and permit‑to‑work systems in place.
Co‑operate and coordinate fire safety measures with other duty‑holders
If you share a building or site with other people who also have fire‑safety duties, you must work together, line up your safety actions and keep each other informed of any risks. Where an explosive atmosphere could occur, the person with overall responsibility must make sure all protective steps are coordinated.
Create and keep fire‑safety arrangements for your premises
You must develop suitable fire‑safety plans that cover how you will organise, control, monitor and review fire safety measures in your business, taking into account the size of your operation and the nature of your activities. If you have five or more staff, need a licence for the premises, or are subject to an alterations notice, you also have to keep a written record of those arrangements.
Eliminate or reduce fire risks from dangerous substances
Unlimited fineIf your premises contain any dangerous substances, you must take all reasonably practicable steps to get rid of the risk or lower it. This means substituting the substance where possible, putting in safe handling, storage and transport arrangements, and keeping any safety measures in place at all times.
Keep escape routes and exits clear and meet fire‑escape standards
Unlimited fineYou must make sure that all routes to fire‑escape doors and the doors themselves are never blocked, open the right way, can be opened quickly, are clearly signed and, where needed, have adequate emergency lighting. This applies to any premises you are responsible for under the fire‑safety duties.
Maintain fire‑fighter protection equipment in good working order
Unlimited fineYou must have a regular maintenance programme for any fire‑fighter protection systems, equipment or devices in your building and keep them in efficient working order and good repair. If your building shares space with other premises, you need to arrange with the other occupier or owner so that the same standards are applied throughout.
Maintain fire safety equipment and premises
Unlimited fineIf you are the person responsible for fire safety in a building, you must keep the building and all fire‑related equipment, devices and systems in good repair. This means having a regular maintenance plan and fixing anything that isn’t working properly, so that fire risks are minimised.
Maintain fire safety measures in common areas of private dwellings
Unlimited fineIf you have any control over the shared parts of a block of flats – for example as a landlord, owner, managing agent or other controller – you must keep fire‑safety equipment and systems in those areas maintained and ready for use. The rule treats those common spaces the same as commercial premises, so they must meet the same fire‑fighter protection standards.
Plan and manage emergency measures for dangerous substances
Unlimited fineIf you store or use dangerous substances on your premises, you must have emergency arrangements in place. This includes keeping up‑to‑date information on the hazards, warning and communication systems, evacuation routes and escape facilities, and sharing this information with fire and rescue services. In the event of a fire you must act immediately to control it, limit access, provide protective equipment and keep the emergency measures maintained.
Provide and maintain appropriate fire‑fighting equipment and warning systems
Unlimited fineYou must make sure your premises have suitable fire‑fighting equipment and fire‑warning systems, and that any manual equipment is easy to reach, simple to use and clearly sign‑posted. You also need to put fire‑fighting measures in place, appoint competent people to use them and keep contact with the local fire service.
Provide fire‑risk information to outside workers and their employers
If you have contractors, subcontractors or self‑employed people working on your premises, you must give their employer (or the worker themselves) clear information about any fire risks they face and the fire safety measures you have in place. You also need to tell them who to contact in an evacuation and provide any instructions they need to stay safe.
Review fire safety assessments regularly
You must keep any fire safety assessment for your premises up to date. Review it at regular intervals and again whenever you suspect it may no longer be valid, or when there have been major changes to the building, fire‑prevention measures or how the work is organised. If the assessment is out of date, update it promptly.
Record keeping 1
Record fire‑safety information after an assessment
After you have carried out or updated a fire risk assessment, you must write down the details required by the Regulations as soon as practicable. You only need to do this if you have five or more staff, need a licence or registration for the premises, or an alterations notice is in force.
Reporting and filing 1
Report fire hazards to your employer immediately
Your staff must tell you (or the person responsible for fire safety) as soon as they spot a serious or immediate fire danger, or any shortcoming in your fire‑safety arrangements that affects them or arises from their work. This must be done while they are at work and only if the issue hasn't already been reported.
Training 2
Provide fire‑safety information to employees (and child‑workers’ parents)
You must give your staff clear, easy‑to‑understand information about any fire risks identified in your fire risk assessment, the fire safety measures you have put in place, evacuation procedures, who the fire wardens are and any other risks that have been officially notified to you. If you employ a child you must also give the child’s parent the same information before the child starts work. Where hazardous substances are stored on the premises you must additionally supply details of the substance, its risk, the safety data sheet and the relevant legislation.
Provide fire safety training to employees
Unlimited fineYou must give every employee fire‑safety training when they start work and again whenever their role, equipment, technology or way of working introduces new or higher fire risks. The training must explain how to protect themselves and others, be repeated as needed, updated for any new risks, delivered in a way that fits the risk and take place during working hours.
Penalties for non-compliance
10 penalties under this legislation. 10 carry an unlimited fine.
Carry out fire‑risk assessment for young persons before hiring
Unlimited fine
Include fire‑risk factors for young workers in assessments
Unlimited fine
Eliminate or reduce fire risks from dangerous substances
Unlimited fine
Keep escape routes and exits clear and meet fire‑escape standards
Unlimited fine
Maintain fire‑fighter protection equipment in good working order
Unlimited fine
Maintain fire safety equipment and premises
Unlimited fine
Maintain fire safety measures in common areas of private dwellings
Unlimited fine
Plan and manage emergency measures for dangerous substances
Unlimited fine
Provide and maintain appropriate fire‑fighting equipment and warning systems
Unlimited fine
Provide fire safety training to employees
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Fire safety duties for Scottish businesses
Your fire safety obligations as a duty holder under the Fire (Scotland) Act 2005. Covers the shared responsibility model, fire …
Comply with fire safety law as the responsible person
Your legal duties as a responsible person under the Regulatory Reform (Fire Safety) Order 2005. Covers fire risk assessments, fire …
Sections and provisions
30 classified provisions from this legislation.
Duties 21
- s.3 Duty to review
- s.4 Duty in respect of young persons An employer
- s.5 Assessment and review duty in respect of young persons
- s.6 Assessment and review duty in respect of dangerous substances
- s.7 New work activities where dangerous substances are present
- s.8 Duty to record information
- s.10 Fire safety arrangements
- s.11 Elimination or reduction of risks from dangerous substances conditions necessary pursuant
- s.12 Means for fighting fire and means for giving warning in the event of fire
- s.13 Means of escape person who may require
- s.15 Additional emergency measures in respect of dangerous substances
- s.16 Maintenance
- s.18 Provision of information to employees
- s.19 Provision of information to employers and the self-employed from outside undertakings
- s.20 Training
- s.21 Co-operation and co-ordination
- s.22 Duties of employees
- s.23 Maintenance of measures provided in relevant premises for protection of fire fighters
- s.24 Maintenance of measures provided in the common areas of private dwellings for protection of fire-fighters references
- Capabilities Capabilities
- ... and 1 more duties