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PEEPS - Equal Opportunities
What does the law say?
 
 Fire Safety Legislation and the Equality Act 2010

 

Under current fire safety legislation, The Regulatory Reform (Fire Safety) Order 2005 for England and Wales, The Fire (Scotland) Act 2005 and the Fire and Rescue Service (NI) Order 2006 for Northern Ireland with their subsequent Regulations, it is the responsibility of the person(s) designated by the legislation as responsible for the building to provide a fire safety risk assessment.  The assessment must include an emergency evacuation plan for all people likely to be in the premises, including disabled people, and how that plan will be implemented.

Such an evacuation plan should not rely upon the intervention of the Fire and Rescue Service to make it work.

The Fire and Rescue Service’s role in fire evacuation is to ensure, through risk based enforcement and compliance monitoring, that the means of escape in case of fire and the preventative and protective measures provided for all people who may be in a building are both adequate and reasonable, and take into account all circumstances. 

 

The Equality Act 2010 has replaced the Disability Discrimination Act 1995 (DDA) and it underpins the current fire safety legislation in England, Scotland and Wales  by requiring that employers or organisations providing services to the public, take responsibility for ensuring that all people, including disabled people, can leave the building they control safely in the event of a fire.

Where an employer or a service provider does not make provision for the safe evacuation of disabled people from its premises, this may be viewed as discrimination. It may also constitute a failure to comply with the requirements of the fire safety legislation mentioned above.

   Fire Legislation

 

 Building Regulations
 
 Fire Refuge   Building Regulations, Approved Document Part M (Access To and Use of Buildings) sets minimum standards for access and use of buildings by all building users, including disabled people.  It is a clear guide to achitects, building designers and managers to ensure exclusivity for ALL people who may use the building and its facilities.

Building Regulations Approved Document B (Fire Safety) includes requirements for means of escape for disabled people including refuge design, emergency voice communications in refuges, management plans for evacuation, clear signage and effective escape routes.  Means of escape should be accessible and usable by all people who use buildings – including parents with children, older people and disabled people.