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The fire safety legislation for non-domestic premises in Scotland is Part 3, The Fire (Scotland Act) 2005. This legislation was introduced in Scotland on 1st October 2006.
The legislation states that anyone who has control, to any extent, of non-domestic premises will have some degree of responsibility for ensuring that those persons occupying the premises are safe from harm caused by fire. In addition, in the event of a fire, it seeks to ensure the safety of persons (whether they are employees, residents, visitors or others) by setting out the rights and responsibilities of persons in respect of fire safety.
The Fire Safety Regulations rests with the 'duty holder'. This may be the employer, the owner, the occupier or any person who has control of any part of the premises. If there is more than one responsible person they must all take reasonable steps to work with each other.
The fire safety regime firmly places that responsibility, for assessing risk and providing appropriate control measures, with those having responsibility for fire safety within the relevant premises.
Ensuring an assessment of the fire risks within your premises has been carried out is a key part of the "Duty Holder/Responsible Persons" role. Performing a detailed fire safety risk assessment and acting on your findings will help to reduce risks, ensure compliance with legislation and could save lives.
There is no set format for completing a fire safety risk assessment, but the guides produced to complement the Act offer some suggestions and assistance.
We are the enforcing authority for the legislation in Highland, Shetland Islands, Orkney Islands and the Western Isles.
Further guidance is provided by clicking on the links below.
Fire (Scotland) Act 2005
Fire Safety Guidance Booklet
Scottish Executive Fire Law Website
Licensing (Scotland) Act 2005
Regulation of Care (Scotland) Act 2001
Fire Safety Risk Assessment Guidance Note
Fire Safety Premises Risk Assessment form
Fire Safety Small Premises Risk Assessment form
Fire Safety Small Factory Risk Assessment Completed Example
Cinemas Act 1985
Civic Government Act (Scotland) 1982
Gambling Act 2005
Theatres Act 1968
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