A brief overview of Regulation 38

 

Regulation 38 relates to building work concerning the construction, extension, or change of use of buildings. The person carrying out the work must provide fire safety information to the responsible person no later than the completion date of the work, or the occupation date of the building or extension, whichever comes first. Fire safety information includes details about the building’s design, construction, and the services, fittings, and equipment provided, all of which will help the responsible person operate and maintain the building or extension safely. Other terms, such as relevant building, relevant change of use, and responsible person, are defined in accordance with the Regulatory Reform (Fire Safety) Order 2005.

Regulation 38 aims to ensure that the individual in charge of a building possesses enough information related to fire safety to manage the building effectively. The objective of Regulation 38 is to be fulfilled when the building manager has access to all the necessary information to perform the following tasks:

  • Understand and apply the fire safety plan of the building
  • Maintain any fire safety systems provided in the building
  • Conduct a thorough Fire Risk Assessment of the building

When carrying out building work for the erection or extension of a building covered by the Regulatory Reform (Fire Safety) Order 2005 or for a change of use, it is essential to provide fire safety information to the responsible person at one of the following times:

  • When the project is finished
  • When the new building or extension is first occupied

It is important to have information about the location of fire protection measures in a building. To ensure safety, an as-built plan of the building should be provided, which should include the following details:

  • Escape routes, along with the maximum allowable number of people for each storey and the entire building
  • Location of fire-separating elements, such as cavity barriers in walk-in spaces
  • Fire Doorsets, specifically those fitted with a self-closing device and other doors equipped with relevant hardware
  • Locations of fire and/or smoke detector heads, alarm call points, detection/alarm control boxes, alarm sounders, fire safety signage, emergency lighting, fire extinguishers, dry or wet fire mains and other firefighting equipment, and hydrants outside the building
  • Any sprinkler systems in place, including isolating valves and control equipment
  • Any smoke control systems or ventilation systems with a smoke control function, along with their mode of operation and control systems
  • Any high-risk areas such as heating machinery

Details should be provided of all of the following:

  • Specifications of any fire safety equipment provided, including routine maintenance schedules
  • Any assumptions regarding the management of the building in the design of the fire safety arrangements
  • Any provision enabling the evacuation of disabled people that can be used when designing suitable personal emergency evacuation plans

A detailed record must be provided for the fire safety strategy and procedures for operating and maintaining fire protection measures, including a cause and effect matrix/strategy for the building.

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