What are your legal requirements - The Legal Overview. The Fire and Rescue Service’s role in fire evacuation is that of ensuring that the means of escape in case of fire and associated fire safety measures provided for all people who may be in a building are both adequate and reasonable, taking into account the circumstances of each particular case. Under current fire safety legislation it is the responsibility of the person(s) having responsibility for the building to provide a fire safety risk assessment that includes an emergency evacuation plan for all people likely to be in the premises, including disabled people, and how that plan will be implemented. Such an evacuation plan should not rely upon the intervention of the Fire and Rescue Service to make it work. In the case of multi-occupancy buildings, responsibility may rest with a number of persons for each occupying organisation and with the owners of the building. It is important that they co-operate and co-ordinate evacuation plans with each other. This could present a particular problem in multi-occupancy buildings when the different escape plans and strategies need to be co-ordinated from a central point. The Disability Discrimination Act 1995 (DDA) does not make any change to these requirements: it underpins the current fire safety legislation in England and Wales – the Regulatory Reform (Fire Safety) Order 2005 – by requiring that employers or organisations providing services to the public take responsibility for ensuring that all people, including disabled people, can leave the building they control safely in the event of a fire. Where an employer or a service provider does not make provision for the safe evacuation of disabled people from its premises, this may be viewed as discrimination. It may also constitute a failure to comply with the requirements of the fire safety legislation mentioned above. Public bodies have an additional duty, called the Disability Equality Duty (DED), which from December 2006 requires them to proactively promote the equality of disabled people. This will require them to do even more to ensure that disabled people do not face discrimination by not being provided with a safe evacuation plan from a building. This document provides guidance on how organisations can ensure the safe evacuation of disabled people from their premises.
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