In Ireland, fire safety duties fall on the “person having control” of a premises. That can be the owner, the occupier, a tenant or even someone hiring the premises, and in many buildings more than one person shares the duty.
What the law says
Section 18(2) of the Fire Services Acts 1981 and 2003 applies to every person having control over premises other than a dwelling house. That person must:
- take all reasonable measures to guard against the outbreak of fire
- provide reasonable fire safety measures and prepare appropriate fire safety procedures
- ensure those measures and procedures are applied at all times
- ensure, as far as is reasonably practicable, the safety of people on the premises if a fire breaks out
Who counts as the person in control
Government guidance for building owners and operators explains that it may be the owner, the occupier, the leaseholder or somebody hiring the premises. What matters is who actually controls the building or the part of it in question.
Typical situations
- Owner-occupied business: the owner or the company running the business.
- Single tenant: usually the tenant for day-to-day fire safety, with the landlord responsible for whatever the lease keeps in their hands.
- Multi-tenant building: each tenant for their own unit, and the landlord or managing agent for common areas such as stairs, corridors and shared alarm systems.
- Hired venue: the hirer shares responsibility for the event they run.
Leases differ, so check what yours says about fire safety systems, maintenance and common areas.
Employers have a second duty
If you employ staff, section 19 of the Safety, Health and Welfare at Work Act 2005 requires you to identify hazards and hold a written risk assessment. Fire is one of those hazards.
Where responsibility is shared
Agree in writing who tests the alarm, who services equipment, who keeps escape routes clear and who holds the fire safety register. Gaps between landlord and tenant are among the most common findings in a fire risk assessment.
How a fire risk assessment helps
It sets out what needs to be done in your part of the building and flags anything that depends on someone else, so you can raise it with them.
Safer Solutions carries out fire risk assessments for owners, tenants and managing agents across Ireland. Call 086 275 9728, email info@safersolutions.ie or request a quote.