Fire Marshal and Fire Warden Duties: Legal Requirements Under UK Law

If you are the responsible person for a non-domestic premises in England or Wales, you have a legal duty under the Regulatory Reform (Fire Safety) Order 2005 (RRO 2005) to appoint competent persons to assist with your fire safety arrangements. In most workplaces, these people are called fire marshals or fire wardens.

This guide explains exactly what the law requires, how many marshals you need, what their duties are, and what training they must receive.

The Legal Basis: Where Does the Duty Come From?

The RRO 2005 does not use the exact phrase "fire marshal" or "fire warden". Instead, three articles create the legal basis for the role.

Article 13 — Fire-fighting and fire detection. The responsible person must nominate competent persons to implement fire-fighting measures and ensure the number of such persons, their training and the equipment available to them are adequate.

Article 15 — Procedures for serious and imminent danger. The responsible person must nominate a sufficient number of competent persons to implement evacuation procedures. Article 15(3) defines a competent person as someone who "has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures".

Article 18 — Appointment of competent persons. The responsible person must appoint one or more competent persons to assist them in undertaking the preventive and protective measures required by the Order.

For multi-occupied residential buildings, the Fire Safety Act 2021 (which came into force from 16 May 2022) amended the RRO 2005 to extend the responsible person's duties to the structure, external walls, and flat entrance doors of the building. This means fire marshals in residential premises must now include these areas in their routine checks.

Is Having a Fire Marshal a Legal Requirement?

Strictly speaking, the Order does not say "you must have a fire marshal". However, it says you must appoint enough competent persons to carry out your fire safety measures. In practice, every UK workplace with more than a handful of staff will need at least one person nominated to assist with evacuation and fire prevention duties.

The Fire Safety (England) Regulations 2022 added further requirements for high-rise residential buildings, including monthly checks of fire doors and quarterly checks of all fire doors in communal areas. These checks are typically carried out by the building's nominated fire marshal or warden team.

How Many Fire Marshals Do You Need?

There is no fixed number set in law. The RRO 2005 requires a "sufficient number" relative to the premises, its occupancy, and the risk level.

The National Fire Chiefs Council (NFCC) guidance and established fire safety practice suggest the following ratios as a starting point:

• Low-risk premises (small offices, shops): 1 marshal per 50 staff
• Medium-risk premises (warehouses, restaurants, factories): 1 marshal per 20 staff
• High-risk premises (care homes, hospitals, premises with sleeping accommodation): 1 marshal per 15 staff

You should also ensure at least one marshal per floor and additional cover for shift patterns, breaks, sickness and annual leave.

What Are a Fire Marshal's Duties?

A fire marshal's duties split into two categories: day-to-day prevention and emergency response.

Day-to-Day Prevention Duties

• Carrying out routine checks of escape routes to ensure they remain clear and unobstructed (Article 14 — emergency routes and exits)
• Inspecting fire doors for damage, propping, and correct self-closing operation (Regulation 17 — Fire Safety (England) Regulations 2022)
• Checking that fire extinguishers, alarm call points, and emergency lighting are unobstructed and in apparent good condition
• Identifying and reporting fire hazards such as overloaded sockets, accumulated waste, poor storage of flammable materials, and faulty equipment
• Supporting weekly fire alarm tests and recording the results in the fire log book
• Briefing new staff, contractors, and visitors on evacuation procedures
• Assisting the responsible person in keeping the fire risk assessment up to date

Emergency Response Duties

• Raising the alarm if a fire or smoke is discovered
• Calling the fire and rescue service (999) if not done automatically
• Directing people to the nearest safe exit
• Sweeping their designated area — including toilets, meeting rooms, kitchens, storerooms, and plant rooms — to confirm everyone has left
• Assisting anyone who needs help to evacuate, working to any Personal Emergency Evacuation Plan (PEEP) in place for that person
• Closing doors behind them to slow fire spread, without putting themselves at risk
• Reporting to the assembly point, conducting the roll call, and briefing the fire and rescue service on who may still be inside
• Using a fire extinguisher on a small, contained fire only where it is safe to do so and they have been trained

What Training Must a Fire Marshal Receive?

Article 21 of the RRO 2005 requires that all employees receive fire safety training:

• When they are first employed
• When they are exposed to new or increased risks (for example, a change of responsibilities, new equipment, or a new system of work)
• Repeated periodically where appropriate
• During working hours

For fire marshals specifically, training must cover:

• The premises' fire safety policy and evacuation strategy
• Their specific duties and the areas they are responsible for
• How to identify fire hazards and report them
• How to operate the fire alarm system
• How to use extinguishers safely (knowing what type for what fire and when NOT to fight)
• How to assist people with disabilities or mobility needs
• How to carry out a roll call at the assembly point
• The location of fire-fighting equipment, alarm call points, and emergency exits

Records of all training must be kept as part of the fire safety log book.

GOV.UK guidance states that responsible persons should carry out at least one fire drill per year and record the results. Fire marshal training should be refreshed at least every 12 months, with some authorities recommending refresher training every 2 to 3 years.

Who Is Accountable?

The responsible person (employer, owner, or occupier) retains full legal accountability for fire safety. They can delegate practical tasks to fire marshals, but they cannot delegate legal liability. If enforcement action follows an incident, the responsible person answers to the fire and rescue authority or the courts — not the individual marshal who was on duty.

A marshal who carries out their trained role properly has not done anything wrong, even if the outcome is serious.

Fire Marshals and Personal Emergency Evacuation Plans (PEEPs)

If you employ or accommodate anyone who would need assistance to evacuate, you must have a Personal Emergency Evacuation Plan (PEEP) for them under fire safety guidance. Fire marshals are typically named as the "buddies" responsible for carrying out a PEEP — using an evacuation chair, guiding someone via an alternative route, or assisting them to a refuge point.

Common Compliance Mistakes

• No formal appointment. Marshals exist in name only but have no written role description or training record. The responsible person cannot demonstrate compliance.
• Insufficient numbers. One marshal for a multi-floor building with shift workers means no cover for large parts of the day.
• No refresher training. Training is treated as a one-off event rather than an ongoing duty under Article 21.
• No drill records. If you cannot show the fire service when your last drill took place and what it revealed, you cannot prove your arrangements work.
• Marshals untrained in PEEPs. If a person with a PEEP is on site and the named marshal has not practised the evacuation method, the plan is not worth the paper it is printed on.

Consequences of Getting It Wrong

Enforcement action under the RRO 2005 can include:

• Enforcement notice requiring you to make specific improvements within a set timeframe
• Prohibition notice restricting or prohibiting the use of all or part of your premises
• Prosecution leading to an unlimited fine in the Crown Court, or up to 6 months' imprisonment

Having a properly trained and sufficient team of fire marshals is the single most practical step you can take to demonstrate compliance with your legal duties.

Frequently Asked Questions

Do I need a fire marshal in a small office?

If you have employees, you must have competent persons nominated to assist with fire safety and evacuation. In a very small office (1–5 staff) this may be everyone in the building, but at least one person should be formally appointed and trained as the designated marshal.

What is the difference between a fire marshal and a fire warden?

There is no legal distinction. The terms are used interchangeably. Some organisations use "fire warden" for day-to-day duties and "fire marshal" for emergency response, but this is custom, not law.

How long is fire marshal training valid for?

There is no legal expiry date. Industry best practice recommends refresher training every 12 months and re-certification every 2 to 3 years.

Can a fire marshal be held personally liable?

In practice, no. The legal duty sits with the responsible person. A marshal who acts in accordance with their training and is not negligent will not face personal liability.

Do fire marshals need to fight fires?

No. The first duty is evacuation. A marshal should only use a fire extinguisher on a small, contained fire if it is safe to do so and they have been trained. Fighting a fire is never mandatory.

How HawkSwift Can Help

At HawkSwift, our NEBOSH-qualified assessors provide comprehensive fire risk assessments starting from £199 + VAT. We review your fire safety arrangements, including your fire marshal provision, and highlight any gaps in competence or coverage. A fire risk assessment is also the starting point for determining what competent person arrangements you need — it is impossible to know how many marshals you require without one.

Book a fire risk assessment or visit our fire risk assessment page to learn more.