Regulation 38 is a requirement under the Building Regulations for England and Wales to provide fire safety information to the ’responsible person’ at the completion of a project, or when the building or extension is first occupied. It links the Building Regulations to the Regulatory Reform (Fire Safety) Order 2005 (known as the RRO or FSO) which places the responsibility of fire safety onto the ‘responsible person’. The law now shifts responsibility for fire safety from the fire authorities to whoever has day-to-day control of premises that come under the RRO. Each business must appoint a responsible person, whether it is the owner, facilities manager or an expert consultant, to manage the fire risk to the building (e.g. of a hospital / school / flats), and to people using the building, or its immediate surroundings.
Fire safety information
38.— (1) This regulation applies where building work—
(a)consists of or includes the erection or extension of a relevant building; or
(b)is carried out in connection with a relevant change of use of a building,
and Part B of Schedule 1 imposes a requirement in relation to the work.
(2) The person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier.
(3) In this regulation—
(a)“fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;
(b)a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;
(c)a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and
(d)“responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.
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