Practical Law Resource ID 8-205-4172 | Not Fermi | Westlaw

Who is or may be lawfully on the premises.

In the immediate vicinity of the premises who is at risk from a fire on the premises.

Assuming they work at the premises (whether on a regular or an occasional basis), employees will be relevant persons because they are, or may be, lawfully on the premises.

Fire-fighters are specifically excluded from the definition of "relevant person" but only while they are carrying out certain duties in relation to a function of a fire and rescue authority. This means that the risk assessment does not need to take into account their safety.

A separate duty exists under article 38 of RRO 2005. This provides protection for fire-fighters by ensuring that the premises, and fire-fighting equipment designed for their use and protection, is maintained in good repair and working order.

Children outside the property are potentially at risk from fire at the premises. Their safety must be considered when carrying out a risk assessment, even if they are trespassing.

Note that the car park may fall within the extent of the premises and would be within the scope of the RRO 2005 which also applies to open areas. Even if the car park forms part of a neighbouring property, the fact that the children are in the vicinity of the premises means that they are relevant persons as they are at risk from the effects of a fire at the premises. For example, smoke and debris coming from the building.

Furthermore, as a result of their age and the fact they will be unsupervised, they are likely to be within a group of persons that are especially at risk. A record of this would need to be kept as "prescribed information" within article 9(7) of the RRO 2005.

Contractors will count as relevant persons as they are lawfully on the premises.

While alterations are being carried out, the premises may fall within the definition of a construction site within the meaning of regulation 2(1) of the Construction (Health, Safety and Welfare) Regulations 1996. If this is the case, the contractor will also need to address fire safety issues during the construction period. In addition, enforcement of fire safety may become the responsibility of the Health and Safety Executive under article 25 of the RRO 2005.

Following original publication of these training materials, The Construction (Design and Management) Regulations 2007 (the CDM 2007) have been published and are in force from 6 April 2007. The CDM 2007 supersede the Construction (Health Safety and Welfare) Regulations 1996 (see Practice note, The Construction (Design and Management) Regulations 2007: Part 4 duties owed by contractors and persons who control works).