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Business and Regulatory Impact Assessment

Business and Regulatory Impact Assessment

Wednesday, June 13, 2018

ISBN: 9781788519649

Business and Regulatory Impact Assessment on Practical Fire Safety Guidance for Existing Premises with Sleeping Accommodation

Executive Summary

Consultation on the guidance is part of the work programme of the Ministerial Working

Group for Building and Fire Safety which was established following the Grenfell fire.

Non-domestic fire safety is a matter devolved to the Scottish Parliament. Provision

for fire safety in non-domestic premises in Scotland is contained principally in Part 3 of

the Fire (Scotland) Act 2005 (‘the Act’) and the Fire Safety (Scotland) Regulations

2006.

In general, the Act and associated regulations place a responsibility on employers and

other persons in control of premises to put in place appropriate fire safety measures

based on an assessment of risk in respect of their premises, and as such, affects almost

all businesses in Scotland.

When the Act came into being, a series of sector specific guides was produced by the

Scottish Government to provide practical fire safety guidance for those with

responsibilities under Part 3 of the Act and the Fire Safety (Scotland) Regulations 2006.

This revised and updated guidance will replace some of those sector specific guides.

The guidance provides recommendations regarding the fire safety risk assessment

process, the reduction of risk and guidance on fire safety measures that can be

implemented to mitigate risk. There is no obligation, however, to adopt any particular

solution in the guides if the outcomes of a fire safety risk assessment can be met in some

other way.

The principal enforcing authority, the Scottish Fire and Rescue Service (SFRS), is

required to take into account the content of the guides to assist in determining whether

enforcement action may be necessary, but in doing so it should have a flexible approach

to enforcement.