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Kitchen deep cleaning - fire safety
Fire safety law puts the legal duty on a 'responsible person' - but who is that in your business? Usually it is the employer, or whoever has control of the premises. Identifying who the responsible person is matters, because they carry real legal duties - the fire risk assessment and fire precautions among them. Here is who the responsible person is, and what it means. This is general information about the law in England and Wales, not legal advice.
The short answer
Fire safety law places the legal duties on a 'responsible person' - so a common and important question is: who is that, in your business? The law: in England and Wales, the relevant law is the Regulatory Reform (Fire Safety) Order 2005 (the Fire Safety Order), which applies to workplaces and most non-domestic premises. It defines the responsible person as: for a workplace - the employer, if the workplace is to any extent under the employer's control; and for other premises (or where not a workplace) - the person who has control of the premises in connection with carrying on a trade, business or other undertaking (whether for profit or not), or the owner. So in most businesses with employees, the employer is the responsible person for their workplace; where premises are shared, let, or controlled by others, whoever has control (an occupier, a managing agent, a landlord/owner) can be a responsible person. More than one: importantly, there can be more than one responsible person for the same premises - for example, in a leased or multi-occupied building, the employer/occupier and the building owner or landlord may each be a responsible person for the parts under their control, and they have to cooperate. (Others who have some control over premises can also carry duties.) The duties: the responsible person carries real legal duties under the Order (articles 8-22), chiefly: making a suitable and sufficient fire risk assessment, taking general fire precautions to ensure the safety of employees and others who may be on the premises (means of escape, fire detection and warning, firefighting equipment, maintenance, and so on), and keeping it under review. So who the responsible person is matters because they hold these duties - and identifying them (usually the employer, or whoever controls the premises) is the starting point for fire-safety compliance. (Scotland and Northern Ireland have their own separate fire-safety law.) This is general information about the law in England and Wales, not legal advice; check your specific situation.
Key points
The law and the duty-holder
Fire safety law works by placing the legal duties on a defined 'responsible person' - so understanding who that is, is the starting point for fire-safety compliance. In England and Wales, the relevant law for workplaces and most non-domestic premises is the Regulatory Reform (Fire Safety) Order 2005 (often called the Fire Safety Order or FSO), which came into force in 2006. Rather than placing fire-safety duties on everyone vaguely, the Order places them on a specific duty-holder - the 'responsible person' - who is legally responsible for fire safety at the premises. So the law identifies who must ensure fire safety, and places the duties on them.
This is why the question 'who is the responsible person?' matters so much: the responsible person is the one who carries the legal duties (the fire risk assessment, the fire precautions), so identifying them is essential - they are the one who must act, and who is accountable if fire safety is not managed. In a simple business (one employer, one premises), it is usually straightforward (the employer). In more complex situations (shared buildings, landlords and tenants, managing agents), identifying who the responsible person is (and there may be more than one) needs more thought. The following sections cover who it is - the employer for a workplace, or whoever controls the premises - the possibility of more than one, and the duties that come with it. So fire safety law names a responsible person as the duty-holder. So the law names a responsible person to carry the duties. This is general information about England and Wales, not legal advice.
Who it usually is
In most cases, the responsible person is the employer (for a workplace) or, otherwise, whoever has control of the premises in connection with running a business. The Order defines it in these terms. For a workplace: the responsible person is the employer, if the workplace is to any extent under the employer's control. So in a typical business with employees - a restaurant, a hotel, a shop, an office - operating from premises it controls, the employer is the responsible person for that workplace. This covers most ordinary businesses: if you employ people and control the premises they work in, you (the employer, meaning the business/its controlling minds) are the responsible person.
For premises that are not a workplace, or otherwise: the responsible person is the person who has control of the premises in connection with carrying on a trade, business or other undertaking (for profit or not), or the owner. So where the premises are not simply one employer's workplace - common areas of buildings, premises controlled by someone other than an employer, and so on - the responsible person is whoever has control of the premises in connection with a business or undertaking, which can be an occupier, a managing agent, or the owner/landlord. So, put simply: for your own workplace with employees, it is usually you (the employer); for premises controlled by others, it is whoever has that control. Identifying who controls the premises (and the business operating there) points to who the responsible person is. So the responsible person is usually the employer, or whoever controls the premises. This is general information, not legal advice.
More than one
Importantly, there can be more than one responsible person for the same premises - which matters in shared, let or multi-occupied buildings. The Order recognises that control of premises can be split between different parties, and where it is, more than one person can be a responsible person, each for the parts under their control - and they are required to cooperate and coordinate on fire safety. For example: in a building let to a business, the tenant employer may be the responsible person for their own demised premises (their workplace), while the building owner or landlord may be a responsible person for the common parts and the structure they control. In a multi-occupied building (several businesses), there may be several responsible persons (each occupier for their part) plus the owner/managing agent for the common parts.
So in shared or let premises, identifying 'the' responsible person may mean identifying several - each responsible for the parts they control, with a duty to cooperate. This matters because fire safety in a shared building depends on all the responsible persons managing their parts and coordinating (the escape routes, the fire precautions, the shared systems have to work together). It also means a business operating from let premises should be clear about which fire-safety responsibilities are theirs (their workplace) and which are the landlord's or managing agent's (the common parts, the structure) - and that they cooperate. (Beyond the responsible persons, others who have some degree of control over premises or systems can also carry duties under the Order.) So there can be more than one responsible person, especially in shared and let premises, each for their part, cooperating. So more than one responsible person is common in shared premises. This is general information, not legal advice; check your lease and situation.
The duties
Identifying the responsible person matters because they carry real legal duties under the Order - chiefly the fire risk assessment and general fire precautions to keep people safe. The central duties (set out in articles 8-22 of the Order) include: making a fire risk assessment - a suitable and sufficient assessment of the fire risks to people at the premises, identifying the hazards and risks and what needs to be done (and, where required, recording it) - the foundation of fire-safety management; and taking general fire precautions - the measures to ensure the safety of employees and of others who may be on the premises (customers, visitors, contractors), including appropriate means of escape, fire detection and warning, firefighting equipment, signage, and the maintenance of these.
Further duties include: keeping the fire risk assessment under review (and updating it when things change); providing information, instruction and training to employees on fire safety; appointing competent persons to help; and cooperating with any other responsible persons. So the responsible person is not just a label - they carry the active legal duty to assess the fire risks and take the precautions to keep people safe, and to keep it up to date. Failing in these duties is a serious matter (fire safety being a life-safety issue, with enforcement and penalties for breaches). This is why identifying the responsible person is important: they are the one legally required to do these things, so knowing who they are (and ensuring they act) is essential to a business's fire safety and compliance. So the responsible person's duties centre on the fire risk assessment and fire precautions. So the duties are the fire risk assessment and precautions. This is general information, not legal advice.
Know who holds the duty
So under fire safety law in England and Wales (the Regulatory Reform (Fire Safety) Order 2005), the responsible person is usually the employer (for a workplace under their control), or otherwise whoever has control of the premises in connection with a business - and there can be more than one, especially in shared or let premises. They carry real legal duties: chiefly making and reviewing the fire risk assessment and taking general fire precautions to keep people safe. So identify who the responsible person is in your business - because they hold the duties, and fire-safety compliance starts with knowing who must act. (Scotland and Northern Ireland have their own separate fire-safety law.)
This connects to fire safety in a commercial kitchen - and to keeping the extraction clean. A kitchen carries real fire risks, and a significant one is grease build-up in the extraction system (the canopy, filters and ductwork), which is combustible and a recognised fire hazard. The responsible person's fire risk assessment should consider this kitchen-extraction fire risk, and the general fire precautions include controlling it - which means keeping the extraction clean (removing the built-up grease that is the fire hazard), through appropriate cleaning at a frequency matched to the cooking. So keeping the kitchen extraction clean is part of managing the fire risk that the responsible person is legally responsible for assessing and controlling (as covered in canopy cleaning and your fire risk assessment). So identifying the responsible person, and their managing the kitchen fire risks including the extraction grease, go together - the responsible person holds the duty, and keeping the extraction clean is part of discharging it. So know who holds the duty, and keep the kitchen fire risks - including the extraction - controlled. This is general information about England and Wales, not legal advice; check your specific situation and take advice where needed.
Questions
Under the Regulatory Reform (Fire Safety) Order 2005 (England and Wales), the responsible person is, for a workplace, the employer (if the workplace is to any extent under their control); and otherwise, the person who has control of the premises in connection with carrying on a trade, business or other undertaking (for profit or not), or the owner. So in most businesses with employees, operating from premises they control, the employer is the responsible person for their workplace - a restaurant, hotel, shop or office employer is the responsible person for their premises. Where premises are not simply one employer's workplace (shared buildings, common areas, premises controlled by others), the responsible person is whoever has control of the premises in connection with a business - which can be an occupier, managing agent, or owner/landlord. There can also be more than one responsible person for the same premises. So, put simply: for your own workplace with employees, it is usually you (the employer); for premises controlled by others, it is whoever has that control. This is general information about England and Wales, not legal advice.
For a workplace under the employer's control, yes - the employer is the responsible person; but it is not always only the employer, and in some situations others are responsible persons too. The Order says that for a workplace, the responsible person is the employer if the workplace is to any extent under their control - so for a typical business operating from premises it controls, the employer is the responsible person. But where control of premises is shared or held by others, there can be more than one responsible person: in a leased building, the tenant employer may be responsible for their own workplace while the landlord or owner is a responsible person for the common parts and structure they control; in a multi-occupied building, there may be several. And for premises that are not a workplace, the responsible person is whoever has control of the premises in connection with a business, or the owner. So the employer is the responsible person for their own controlled workplace, but not necessarily the only responsible person for the whole building - others with control (landlords, managing agents, other occupiers) can be responsible persons too. So usually the employer for their workplace, but not always solely. This is general information, not legal advice.
Yes - there can be more than one responsible person for the same premises, especially in shared, let or multi-occupied buildings. The Order recognises that control of premises can be split between different parties, and where it is, more than one person can be a responsible person, each for the parts under their control - with a duty to cooperate and coordinate on fire safety. For example, in a building let to a business, the tenant employer may be the responsible person for their own demised premises (their workplace), while the building owner or landlord is a responsible person for the common parts and structure they control; in a multi-occupied building there may be several responsible persons (each occupier for their part) plus the owner or managing agent for the common areas. This matters because fire safety in a shared building depends on all the responsible persons managing their parts and coordinating (escape routes, precautions and shared systems have to work together). A business in let premises should be clear which fire-safety responsibilities are theirs and which are the landlord's, and cooperate. So yes - there can be more than one responsible person, each for their part. This is general information, not legal advice; check your lease and situation.
Chiefly making and reviewing a fire risk assessment and taking general fire precautions to keep people safe. Under the Order (articles 8-22), the responsible person must: make a suitable and sufficient fire risk assessment - assessing the fire risks to people at the premises, identifying the hazards and risks and what needs to be done (and recording it where required) - the foundation of fire-safety management; take general fire precautions - the measures to ensure the safety of employees and others who may be present (customers, visitors, contractors), including appropriate means of escape, fire detection and warning, firefighting equipment, signage, and their maintenance; keep the fire risk assessment under review and update it when things change; provide information, instruction and training to employees on fire safety; appoint competent persons to help; and cooperate with any other responsible persons. So the responsible person carries the active legal duty to assess the fire risks and take the precautions to keep people safe, and to keep it current. Failing in these is a serious matter, with enforcement and penalties. So the duties centre on the fire risk assessment and general fire precautions. This is general information, not legal advice.
The responsible person's fire risk assessment should consider the fire risks in the kitchen, including the grease build-up in the extraction system, which is a recognised fire hazard - and the general fire precautions include controlling it. A commercial kitchen carries real fire risks, and a significant one is grease build-up in the extraction (the canopy, filters and ductwork): grease is combustible, and a build-up in the extraction near heat is a recognised fire hazard (a cause of serious kitchen fires). So a suitable and sufficient fire risk assessment for premises with a commercial kitchen should consider this extraction fire risk, and the general fire precautions the responsible person must take include controlling it - which means keeping the extraction clean (removing the built-up grease), through appropriate cleaning at a frequency matched to the cooking, and keeping records. So yes - managing the kitchen extraction fire risk falls within the responsible person's duties (assessing the risk and taking precautions), and keeping the extraction clean is part of discharging that duty. So the responsible person's duty covers the kitchen extraction fire risk. This is general information, not legal advice; see canopy cleaning and your fire risk assessment.
No - the Regulatory Reform (Fire Safety) Order 2005 applies in England and Wales; Scotland and Northern Ireland have their own separate fire-safety legislation. This page describes the position under the Fire Safety Order, which is the law for workplaces and most non-domestic premises in England and Wales. Scotland has its own fire-safety law (under the Fire (Scotland) Act 2005 and associated regulations), and Northern Ireland has its own (under the Fire and Rescue Services (Northern Ireland) Order 2006 and associated regulations). The broad principles are similar across the UK - a duty-holder (often the employer or person with control of the premises) responsible for assessing fire risks and taking fire precautions - but the specific legislation, terminology and details differ, so a business in Scotland or Northern Ireland should follow its own nation's fire-safety law. So this England-and-Wales position (the Fire Safety Order and its 'responsible person') does not directly apply in Scotland or Northern Ireland, which have their own separate law. So check the law for your nation. This is general information, not legal advice.
The responsible person's fire risk assessment should cover the grease build-up in the kitchen extraction - a recognised fire hazard. Our extraction and kitchen deep cleaning remove that built-up grease, helping control the fire risk the responsible person is legally responsible for. Ask us about extraction cleaning for your fire risk assessment.
