Regulatory Reform (Fire Safety) Order 2005 — Chemical Storage Compliance

The Regulatory Reform (Fire Safety) Order 2005 (SI 2005/1541) — hereafter referred to as the RRO 2005 or the Fire Safety Order — is the primary piece of fire safety legislation applicable to non-domestic premises in England and Wales. Amended by the Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 (SI 2022/547), the Order imposes duties on the responsible person to assess, manage, and mitigate fire risk across all premises to which it applies. For sites that store flammable chemicals, solvents, or other dangerous substances, the interaction between the RRO 2005, the Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR, SI 2002/2776), and technical guidance from the HSE creates a complex, interlocking compliance framework that demands systematic attention.

Article 9: Fire Risk Assessment — The Responsible Person's Duty

Article 9(1) of the RRO 2005 requires the responsible person to make a suitable and sufficient assessment of the risks to relevant persons of fire on the premises, for the purpose of identifying the general fire precautions needed to comply with the Order. The assessment is not a one-time exercise: Article 9(3) requires review whenever there is reason to suspect it is no longer valid, or where there has been a significant change in the matters to which it relates. The introduction of a new flammable substance, an increase in storage quantities, a change in storage configuration, or the addition of new ignition sources will all trigger a mandatory review.

For premises with five or more employees, Article 9(6) requires the significant findings of the assessment and any group of persons identified as being especially at risk to be recorded in writing. The record must specify the fire hazards identified, the measures taken to reduce risk, and any residual risks. This written record must be made available to the enforcing authority (typically the local Fire and Rescue Authority) upon request and to employees or their safety representatives.

Fire Risk Assessor Competency: PAS 79:2020

The RRO 2005 does not prescribe a specific qualification for fire risk assessors; however, the responsible person must ensure the assessment is carried out by a competent person under Article 18. For chemical storage premises, the HSE and the Fire and Rescue Service recommend assessors who meet the competence criteria in PAS 79-1:2020 (Fire Risk Assessments — Guidance and Recommendations) and PAS 79-2:2020 (for complex premises). Assessors with third-party accreditation through the Institute of Fire Safety Managers (IFSM), the Fire Protection Association (FPA), or the British Standards Institution (BSI) Register of Fire Risk Assessors provide the greatest assurance of competence. Responsible persons who use an unqualified assessor and suffer a fire-related enforcement action or prosecution cannot rely on that delegation as a defence.

Article 13: Fire Precautions in the Presence of Dangerous Substances

Article 13 of the RRO 2005 specifically addresses premises where dangerous substances (as defined in DSEAR 2002 Regulation 2 — substances that are explosive, oxidising, flammable, or create a risk from physical or chemical properties) are present. The responsible person must, where it is not reasonably practicable to eliminate or substitute the dangerous substance:

• Control the quantity of dangerous substance in the workplace to the minimum necessary for the work;
• Avoid or minimise the release of dangerous substances;
• Avoid ignition sources and adverse conditions (excessive temperature, pressure, mechanical shock) that could trigger a fire or explosion;
• Segregate incompatible dangerous substances;
• Implement appropriate detection, alarm, suppression, and evacuation measures.

Interaction with DSEAR 2002

DSEAR 2002 implements EC Directives 1999/92/EC (ATEX Users Directive) and 98/24/EC (Chemical Agents Directive) in so far as they relate to explosion risk and fire from dangerous substances. It requires employers to:

• Regulation 5: Carry out a risk assessment before commencing work involving dangerous substances;
• Regulation 6: Eliminate or reduce risk as far as reasonably practicable;
• Regulation 7: Classify places where explosive atmospheres may occur into zones (Zone 0, 1, 2 for gas/vapour; Zone 20, 21, 22 for dust);
• Regulation 8: Provide appropriate equipment, protective systems, and warning devices;
• Regulation 11: Prepare and maintain an Explosion Protection Document (EPD) where hazardous zones are identified.

The RRO 2005 fire risk assessment and the DSEAR risk assessment overlap significantly for flammable chemical storage, and responsible persons are advised to integrate both into a single document to avoid duplication and gaps.

Separation Distances for Flammable Liquid Storage

HSE guidance HSG51: The Storage of Flammable Liquids in Containers (4th edition, 2015) provides the authoritative reference for separation distances in England and Wales. Key requirements include:

• Flammable liquid storage areas should be positioned at least 3 metres from building openings (doors, windows, roof lights), structural elements, and potential ignition sources where quantities are below 50 litres;
• For quantities between 50 and 250 litres, minimum separation increases to 4–6 metres depending on classification;
• Storage cabinets complying with BS EN 14470-1:2004 and positioned indoors can reduce the required separation, provided the cabinet specification matches the quantity and substance classification;
• Outdoor bulk storage tanks require separation distances specified in HSG176, which can extend to 15 metres or more for large-scale installations.

Fire Suppression Systems for Flammable Storage

The selection of fire suppression agents for flammable liquid storage areas is governed by BS EN 2 (Classification of Fires) and the specific hazard profile of the substances present. Water-based suppression systems are inappropriate and contraindicated for Class B fires (flammable liquid fires) — water application to burning flammable liquids causes sputtering, steam explosion, and spread of the burning liquid. Approved alternatives include:

• CO2 (Carbon Dioxide) Systems: Effective for enclosed spaces and electrical equipment areas. CO2 displaces oxygen, suppressing combustion without leaving residue. Not suitable for occupied spaces without egress provisions under BS EN 15004.
• Dry Powder Systems: Highly effective for Class B fires. Mono-ammonium phosphate (ABC powder) is the most common industrial grade. Note: dry powder causes significant collateral damage to equipment and may impair visibility; should be selected as a last resort for occupied or sensitive areas.
• Foam Systems (AFFF / Fluorine-Free): Aqueous Film-Forming Foam (AFFF) suppresses Class B fires by forming a vapour-suppressing film. Fluorine-free alternatives are increasingly specified due to PFAS environmental concerns.

Article 27: Enforcement — Prohibition and Alteration Notices

The enforcing authority (Fire and Rescue Authority for most premises; HSE for certain specific premises) has powers under Articles 27–30 of the RRO 2005 to issue:

• Enforcement Notice (Article 30): Where the responsible person has failed to comply with any provision of the Order or its associated regulations. The notice specifies the contravention and requires remedial action within a specified period.
• Prohibition Notice (Article 31): Where the use of premises involves a risk to relevant persons so serious that access to or use of the premises must be prohibited or restricted until remedial measures are taken. A Prohibition Notice can take immediate effect where the risk is imminent. For chemical storage sites with inadequate suppression systems or excess flammable storage quantities, this is the most common enforcement tool.
• Alterations Notice (Article 29): Served where the enforcing authority considers that the premises pose a serious risk, or may pose such risk following a change to the premises or activities. The notice requires the responsible person to notify the authority before making any material change.

Article 32: Penalties for Non-Compliance

Article 32 of the RRO 2005 creates criminal offences for breach of the fire safety duties. The penalty regime is:

• Summary conviction (Magistrates' Court): Unlimited fine (following Legal Aid, Sentencing and Punishment of Offenders Act 2012 removal of the cap);
• Conviction on indictment (Crown Court): Unlimited fine and/or up to 2 years' imprisonment;
• Corporate liability: The company and individual directors/managers may be prosecuted concurrently under Article 32(8) where the offence was committed with their consent, connivance, or neglect.

Recent prosecutions under the RRO 2005 for flammable storage failures have resulted in six-figure fines and custodial sentences for directors of smaller enterprises. Compliance is not optional.

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Last reviewed: April 2026