Competent Person Duties Under Article 18 of the RRO 2005

The Regulatory Reform (Fire Safety) Order 2005 (RRO) places the primary responsibility for fire safety on the Responsible Person for non-domestic premises. However, the Responsible Person is rarely expected to manage every single fire safety duty entirely alone. Under Article 18 of the RRO 2005, the law allows for the appointment of a competent person to assist in implementing preventative and protective measures.

Understanding what competency means in practice is vital. Appointing an unsuitable individual can leave your business non-compliant and, more importantly, put lives at risk. This guide explains the practical duties of a competent person and how to ensure your business meets its legal obligations.

What Does Article 18 of the RRO 2005 Require?

Under Article 18, the Responsible Person must appoint one or more competent persons to assist them in undertaking the preventive and protective measures required by the RRO. This means the competent person is there to provide practical help and expert guidance to ensure the premises are safe and legally compliant.

The legislation also dictates that a competent person must be appointed based on their sufficient training, experience, and knowledge. Crucially, Article 18 requires that the number of competent persons appointed, along with the time allocated to them, must be adequate to the size of the premises and the specific risks present.

It is important to note that appointing a competent person does not transfer the legal responsibility away from the Responsible Person. The ultimate legal liability for fire safety remains firmly with the business owner or managing agent.

Defining a "Competent Person" in Fire Safety

The RRO does not prescribe specific qualifications that automatically make someone a competent person. Instead, the Health and Safety Executive (HSE) defines competency as the combination of training, skills, experience, and knowledge necessary to perform a specific task safely and effectively.

When it comes to fire safety, a competent person is someone who understands how fires start, spread, and are suppressed, and who can apply this knowledge to the specific layout and operations of your premises.

To determine if someone is competent to assist with your fire safety duties, you should assess whether they have:

• Sufficient knowledge of current fire safety legislation and relevant British Standards (such as BS 9999).
• Relevant experience in assessing fire risks in premises similar to yours.
• Adequate training to carry out the specific tasks required, such as maintaining alarm systems or conducting fire drills.
• The ability to identify potential fire hazards and recommend appropriate, proportionate control measures.

Practical Duties of a Competent Person

The scope of a competent person’s duties will depend entirely on the complexity of your premises and the nature of your business. In a low-risk environment, a competent person might simply assist with routine checks. In a high-risk environment, such as a large manufacturing site, their duties will be far more complex.

Typical duties delegated to a competent person under Article 18 include:

• Assisting in the preparation and review of the fire risk assessment.
• Implementing and maintaining the findings of the fire risk assessment.
• Conducting regular checks of fire doors, escape routes, and emergency lighting.
• Overseeing the maintenance and testing of fire detection and warning systems.
• Organising and leading fire evacuation drills.
• Providing fire safety induction and refresher training to employees.

If your premises are complex or present significant fire risks, the competent person may need to be an external consultant rather than an internal employee, as the required level of expertise may exceed what is available within your workforce.

The Role of External Competent Persons

Many businesses find that they do not have an employee with the necessary level of training and experience to act as a competent person for complex fire safety tasks, particularly the initial fire risk assessment. In these cases, it is entirely appropriate—and often necessary—to outsource this duty to an external professional.

When engaging an external fire safety consultant, the Responsible Person must still carry out due diligence to ensure they are genuinely competent. This means checking their credentials, asking about their experience with similar commercial properties, and ensuring they hold recognised qualifications, such as NEBOSH certification in fire safety.

Using an external competent person ensures that your preventative and protective measures are based on accurate, up-to-date guidance and recognised industry standards like PAS 79, which provides the standard methodology for conducting fire risk assessments.

How HawkSwift Can Support Your Business

Navigating the requirements of Article 18 and ensuring you have a genuinely competent person to assist with your fire safety duties can be challenging. At HawkSwift Ltd, our NEBOSH-qualified assessors act as your competent persons, providing the expert assistance you need to comply with the RRO 2005. We deliver thorough, practical fire risk assessments from £199 + VAT, complete with comprehensive 48-hour reports to help you implement the right protective measures without delay. To ensure your premises are safe and legally compliant, book a fire risk assessment with our team today.