Rank: Forum user
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Hello All
Some advice please:
Does a business with 5+ employees need a fire risk assessment for their office premises if the office is registered as the owners home address? And similarly what if the company has less than 5 employees?
I have researched and believe that if the company has 5+ employees, the responsible person must have a written record of a fire risk assessment. However, I have also read that the law does not apply to domestic premises.
My thoughts are that although it is a domestic property, the fact that it contains an office would class it as non-domestic, meaning the law does apply and a sufficient fire risk assessment should be recorded.
Please correct me if I am wrong. And whilst you are at it, any idea if things change when there is less than 5 employees?
Thanks.
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Rank: New forum user
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For the employees it's a place of work, so without double-checking, I'm 80-90% sure it is necessary.
Having less than 5 employees would mean that the risk assessment would not have to be written.
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Rank: Super forum user
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It doesn't matter where the registered office is, it's the fact there is 5+ employees that counts.
In the early days of internet cafes, a company tried to get away with not recording the FRA as although it had >5 employees, there was only ever one employee in each of the three cafes they ran.
They lost!
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Rank: Super forum user
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I’m going to agree with Richard here. All relevant properties in Scotland must have a FRA carried out irrespective of number of employees. Relevant premises are mostly commercial but also include child-minding (i.e. person providing child-minding in their own home).
If more than 5 employees there is a duty to record the information (Scottish Legislation).
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Rank: Super forum user
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I'm not sure if this helps the OP as its applicable to Scotland. But interesting any way.
http://www.legislation.g...i/2012/332/contents/made
I believe, when a business is registered at a home it becomes a business premised and not a domestic dwelling and therefore Fire laws apply.
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Rank: Forum user
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I have never understood point of not having to have a written risk assessment if you have less than 5 employees. Always seemed a little daft that you have to still do one but you don't have to record the results. Bit difficult to prove that you ever did one and put suitable controls in place in a court of law should something happen.
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Rank: Forum user
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Thank you all for the advice given.
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Rank: Super forum user
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efc1981,
Where are you sourcing the information in relation to >5 employees? If you are from Ireland the standard required for business premises (including sections of domestics used for business purposes) is the provision of a fire safety certificate from the local authority. In order to apply a fire risk assessment must be prepared and submitted as drawings and further information is also required.
Kevin
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Rank: Forum user
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Kevkel,
Well spotted. However, I am working in the UK at the moment.
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