Fire Legislation Enforcement in Scotland

This is where we keep you informed about all the latest developments at Firehouse(Scotland), what is happening within the Scottish Fire Safety Legislation enforcement circles and include excerpts of the current legislation that will affect employers.

The Fire Safety (Scotland) Amendment Regs. 2010

The main thrust of these amendements to the 2006 Regulations coming into force on the 21st January 2010 affect duties of employers to their employees and deals with capability.

The Fire Safety (Scotland) Regulations 2006 has a new regulation 20A inserted which places a duty on employers to consider the capabilities of their employees in relation to fire safety when entrusting any tasks to them.

The Regualtions that brought about these changes where as a result of Council Directive 89/391/EEC 1989 on the introduction of measures to encourage improvements in the safety and health of workers while at work.

Fire Scotland Act 2005 as amended and current Fire Risk assessments:

Many a time during our inspection career we have come across employers who have paid good money  to have a fire risk assessment drawn up only to find that they have never bothered to read it's contents and remedial measures remain unactioned.

Employers are advised that having a fire risk assessment is only a preliminary step to good practice,  they need to be fully aware of and act on any remedial measures. Risk assessments need to be reviewed annually or earlier if there has been a significant change in process or alterations undertaken.

For full and detailed information on the current law in Scotland and how it affects employers and persons responsible the Local Government website www.firelaw.org.uk would be a usefull source of reference.



If the Fire Safety enforcement officer of Fire & Rescue Service in Scotland ever visit you it is is likely that he will be undertaking an after the fire audit or an scheduled audit. These are some of the principal areas the audit form on which you will be marked against.

Fire safety risk assessment

Has the process of fire safety risk assessment been carried out for the premises

Fire safety arrangements

Are there appropriate fire safety arrangements

Maintainence of provisions

Are fire safety provisions being maintained

Maintainence measures provided for the safety of fire fighters

Are there suitable arrangements in place to ensure that facilities, equipment and devices for use by or for the protection of fire fighters maintained in efficient state, working order and repair

Information to employers and employees

Is provision made to provide comprehensible and relevant information to employees

Co-operation and co-ordination

Is there cooperation and co-ordination between duty holders where there are two or more sharing responsibilities or have duties in respect of premises

Fire Safety - exisitng care homes: Practical guidance published in 28.02.2022:

This guidance is applicable to general fire safety in existing premises in which a care home service is provided, as defined in the Public Services Reform (Scotland) Act 2010. These care homes can provide a service for the following category of resident:

• Older people;
• Children and young people;
• People with learning disabilities;
• People with drug and alcohol problems;
• People with mental health problems; and
• People with physical and sensory impairment.

There may be other premises which have similar fire risk characteristics to care homes and to which the contents of this guide may be appropriate.

The guidance is applicable to general fire safety in existing premises in which a care home service is provided (it is not a design guide for new build). It provides an overview of Fire Safety Law in respect to non-domestic premises and persons with fire safety responsibilities referred to as 'duty-holders'. The content also covers: Fire Safety Risk Assessment; Protecting Care Home Residents and Staffing including evacuation strategies; Managing Fire Safety; Reducing the Likelihood of Fire; Restricting the Spread of Fire & Smoke; Means of Escape; Fire Detection & Warning; Means for Fighting Fire; and Fire and Rescue Service Facilities.

A list/access to all the other Fire Sector Specific guides in Scotland can be found go to: 

http://www.gov.scot/Topics/Justice/public-safety/Fire-Rescue/FireLaw/FireLaw/SectorSpecificGuidance

We offer our Scottish Clients 'The Responsible Person' or 'Person in Control' full fire safety services to help achieve compliance with the Fire (Scotland) Act 2005 as amended, persons interested in our services should contact Firehouse (Scotland) either through our web site admin@firehousescotland.co.uk or by calling 07772610799