Understanding the difference between a Fire Safety Assessment and a Fire Risk Assessment is crucial for ensuring compliance with Irish legislation and maintaining safety standards. Despite their importance, there is significant confusion between these two types of assessments, even among government bodies and state agencies.
This article clarifies the distinct purposes, legal bases, and professional requirements for each assessment type, helping building owners, managers, and safety professionals ensure they are meeting their legal obligations correctly.
Common Source of Confusion
The terms “Fire Safety Assessment” and “Fire Risk Assessment” are often used interchangeably, but they are distinct assessments with different legal bases, scopes, and qualified personnel requirements. Conducting the wrong type of assessment or having an unqualified person perform an assessment can have serious legal consequences.
This confusion extends to enforcement, where different agencies may rely on regulations created by other agencies without fully understanding the distinctions.
Fire Safety Assessment
A Fire Safety Assessment evaluates a building’s compliance with fire safety regulations and standards. It examines the physical fire safety features of the building and their adequacy.
Legal Basis: Fire Services Act 1981 (as amended 2003) and associated regulations
Key Elements
- Fire Safety Features: Checking fire detection systems, alarm systems, emergency lighting, and firefighting equipment
- Escape Routes: Ensuring emergency exits and escape routes are adequate and unobstructed
- Fire Safety Management: Examining fire safety procedures and documentation
- Compliance Check: Ensuring the building complies with building regulations and fire safety standards
- Identifying Deficiencies: Highlighting shortcomings in fire safety measures
Guidance: Code of Practice for Fire Safety Assessment of Premises and Buildings (March 2022)
Fire Risk Assessment
A Fire Risk Assessment is a comprehensive evaluation of fire hazards and risks in a workplace. It focuses on identifying hazards, assessing who might be at risk, and determining appropriate precautions.
Legal Basis: Safety, Health and Welfare at Work Act 2005 and General Application Regulations 2007
Key Elements
- Identifying Fire Hazards: Spotting potential fire hazards in the workplace
- Determining Risks: Assessing who might be at risk and how
- Evaluating Precautions: Deciding on measures to mitigate identified risks
- Recording Findings: Documenting the assessment and implementing findings
- Regular Review: Updating the assessment as part of ongoing health and safety management
Who Can Require Each Assessment?
Fire Safety Assessment: Fire Officer Authority Only
Under Section 18(6) of the Fire Services Acts 1981 and 2003, only Fire Officers authorised by a fire authority have the power to require a person having control over premises (such as a building owner or occupier) to carry out a fire safety assessment and notify the fire authority of such assessment.
This assessment is typically required when fire authorities have concerns about a building’s compliance with fire safety regulations or following an incident.
Fire Risk Assessment: Multiple Bodies Can Require
Unlike Fire Safety Assessments, Fire Risk Assessments can be required by various bodies:
Fire Officers
Authorised by fire authorities under the Fire Services Acts, fire officers can require fire risk assessments as part of fire safety enforcement.
Health and Safety Authority (HSA)
The HSA monitors employer fire risk management and can enforce the requirement for fire risk assessments under the Safety, Health and Welfare at Work Act 2005.
HIQA
The Health Information and Quality Authority monitors safety in designated centres and can require fire risk assessments to ensure compliance with fire safety regulations.
Tusla
Tusla promotes safety in early years services and can require fire risk assessments in preschools, creches, day nurseries, and day-care services.
Insurance Companies
Many insurers require fire risk assessments as policy conditions. Failure to maintain a valid assessment may invalidate building insurance or indemnity coverage.
Accreditation Bodies
Organisations offering certifications such as ISO 9001:2015, ISO 14001:2015, and ISO 45001:2018 may require fire risk assessments as part of their certification process.
Qualified Professionals
Fire Safety Assessment Qualifications
The Code of Practice for Fire Safety Assessment of Premises and Buildings outlines that individuals with specific qualifications and experience should conduct fire safety assessments:
Registered Architects
On the RIAI register under Part 3 of the Building Control Act 2007
Chartered Building Surveyors
On the SCSI register under Part 5 of the Building Control Act 2007
Chartered Engineers
On the Engineers Ireland register under the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969
Members of the Institution of Fire Engineers
Those who hold the title Chartered Engineer
Fire Risk Assessment Qualifications
The Safety, Health and Welfare at Work Act 2005 defines a “competent person” for fire safety as someone with “sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken”. This means:
- Understanding of fire safety legislation and associated guidance documents
- Appropriate education, training, knowledge, and experience in fire safety principles
- Understanding of fire development and human behaviour during fires
- Knowledge of fire hazards, risks, and factors associated with occupants at particular risk
- Appropriate training and experience in conducting fire risk assessments
Note: The level of competence required depends on the complexity of the situation and the type of premises being assessed. A simple, low-risk workplace may not require the same expertise as a large, complex, high-risk environment.
At-a-Glance Comparison
| Aspect | Fire Safety Assessment | Fire Risk Assessment |
|---|---|---|
| Legal Basis | Fire Services Act 1981 (as amended) | Safety, Health and Welfare at Work Act 2005 |
| Primary Focus | Building compliance with fire safety regulations | Workplace fire hazards and risks to people |
| Scope | Physical building features and fire safety systems | Human factors, work processes, and risk management |
| Approach | Prescriptive, often intrusive examination | Flexible, typically visual and non-intrusive |
| Who Can Require | Fire Officers only (Section 18(6)) | Multiple bodies (HSA, HIQA, Tusla, insurers, etc.) |
| Qualified Professionals | Registered Architects, Chartered Engineers, Chartered Building Surveyors, IFE Members | Competent persons with appropriate training and experience |
| Typical Duration | Several days to weeks (complex buildings) | 1-2 days for most workplaces |
| Typical Cost | Several thousand euros | Hundreds to low thousands of euros |
| Review Frequency | Less frequent (building inspections/certifications) | Regular ongoing review and updates |
Time and Cost Considerations
Fire Safety Assessment
May include costs for intrusive examinations such as opening up walls to inspect compartmentation, detailed analysis of building plans, and compliance verification.
Fire Risk Assessment
Focuses on visible hazards, work processes, and management practices. Less extensive reporting requirements allow for more cost-effective delivery.
Key Differences Summary
1. Scope
Fire Safety Assessment: Focuses on compliance with fire safety regulations and building standards.
Fire Risk Assessment: Takes a broader view of potential fire hazards and their impact on workplace safety.
2. Legal Basis
Fire Safety Assessment: Based on the Fire Services Act 1981 (as amended).
Fire Risk Assessment: Required under health and safety legislation (SHWWA 2005).
3. Approach
Fire Safety Assessment: More prescriptive, often involving intrusive methods to examine hidden areas.
Fire Risk Assessment: More flexible, typically visual and non-intrusive.
4. Frequency
Fire Safety Assessment: Conducted less frequently, often as part of building inspections or certifications.
Fire Risk Assessment: Reviewed and updated regularly as part of ongoing safety management.
5. Focus
Fire Safety Assessment: Concentrates on the building and its fire safety systems.
Fire Risk Assessment: Considers human factors, work processes, and ongoing management of fire risks.
Legal Implications and Penalties
Conducting the wrong type of assessment or having an unqualified person perform an assessment can have serious legal consequences. Section 22(6) of the Fire Services Act 1981 states it is an offence to provide false or misleading information to a fire authority, whether accidentally or wilfully.
Summary Conviction
€3,000
Fine and/or up to 6 months imprisonment
Conviction on Indictment
€130,000
Fine and/or up to 2 years imprisonment
These penalties apply to contraventions of Section 18(2), Section 20, Section 20A, or regulations made under Section 37 of the Fire Services Acts 1981 and 2003.
Enforcement Challenges in Ireland
Different government agencies often rely on regulations created by other agencies, sometimes without fully understanding the regulation itself or its implications for enforcement. This interdependence can lead to challenges:
Misinterpretation: Enforcement officers may not understand regulations as well as those who drafted them
Jurisdictional confusion: Uncertainty about which agency has authority to interpret or modify regulations
Regulatory gaps: Lack of communication between agencies can result in aspects being overlooked
Inconsistent enforcement: Different authorities may interpret the same regulations differently
Key Takeaways
- Fire Safety Assessments and Fire Risk Assessments are distinct: They have different legal bases, scopes, and professional requirements
- Only Fire Officers can require Fire Safety Assessments: Under Section 18(6) of the Fire Services Acts 1981 and 2003
- Fire Risk Assessments can be required by multiple bodies: Including HSA, HIQA, Tusla, insurers, and accreditation bodies
- Different qualifications apply: Fire Safety Assessments require registered professionals; Fire Risk Assessments require “competent persons”
- Cost and time vary significantly: Fire Safety Assessments are typically more expensive and time-consuming
- Penalties for non-compliance are serious: Fines up to €130,000 and/or 2 years imprisonment on indictment
- Providing false or misleading information is an offence: Whether accidental or wilful under Section 22(6)
Phoenix STS: Fire Risk Assessment Services
Phoenix STS provides comprehensive Fire Risk Assessment services to PAS 79:2020 standard for commercial, industrial, and healthcare premises across Ireland.
Fire Risk Assessments
Training
Additional Services
Need a Fire Risk Assessment?
Phoenix STS provides PAS 79:2020 compliant Fire Risk Assessments for all premises types across Ireland. Our assessors are competent persons with extensive experience in fire safety.
References
- Code of Practice for Fire Safety Assessment of Premises and Buildings (Department of Housing, Local Government and Heritage, March 2022)
- HSA Fire Safety Guidance
- Fire Safety in Ireland: Report of the Fire Safety Task Force (2018)
- Fire Services Act, 1981
- Licensing of Indoor Events Act 2003 (amending Fire Services Act)
- Code of Practice for the Management of Fire Safety in Places of Assembly
Disclaimer
This article is provided for general informational and educational purposes only. While every effort has been made to ensure accuracy, this content does not constitute legal advice. Building owners, managers, and occupants should consult with qualified fire safety professionals and legal advisors to ensure they are meeting their specific legal obligations. Phoenix STS accepts no liability for actions taken or not taken based on this article.
