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Fire dampers are mechanical devices installed in heating, ventilation, and air conditioning (HVAC) systems to prevent the spread of fire and smoke within a building. By automatically closing when extreme temperatures are detected, they safeguard lives and property by maintaining effective compartmentation of smoke and fire to minimise its spread and impact. However, damper systems must be inspected as part of routine fire inspections, to ensure their operability should a blaze break out.

In this article, we’ll consider whose legal responsibility it is to ensure that fire damper systems are properly maintained.

The ‘Responsible Person’

According to the Regulatory Reform (Fire Safety) Order 2005, the responsibility for fire safety measures in a building rests with a ‘responsible person’, who can be an employer, property owner, landlord, or occupier, depending on the specific circumstances. The 'responsible person' is legally obligated to ensure that all necessary fire safety measures, including fire dampers, are appropriately maintained and comply with safety regulations to protect the occupants and assets of the building.

Responsibility Of Employers

If you are an employer, maintaining fire damper systems is your responsibility, regardless of whether you own the building, sublet it, or are a tenant. Your employees' safety and welfare are considered your responsibility, so ensuring that fire safety measures correctly function is an essential legal and moral obligation.

When No Employer Is Present

In situations where no employer is present on the premises, the responsibility for maintaining fire damper systems typically falls on the occupier or owner of the building. This ensures that someone is accountable for the ongoing maintenance and testing of fire protection systems and prevents a situation from arising whereby responsibility is passed between different people, leaving the systems untested and potentially unsafe.

Maintenance And Testing Frequency

‘How often do fire dampers need to be inspected?’ is a pertinent question that all responsible persons should be aware of. According to BS 9999: The Design Management and Use of Buildings, fire dampers should be tested annually, which is the minimum requirement to ensure their functionality. However, it's crucial to understand that the testing frequency may vary depending on the risk category of the building and the type of fire dampers in use.

Replacing Non-Functioning Fire Dampers

The responsibility for fire damper systems goes beyond testing. If a fire damper isn’t operating correctly during the test, the ‘responsible person’ must arrange its replacement or repair. Non-functioning fire dampers can compromise the overall fire safety of the building and pose a significant risk to occupants, so any deficiencies must be rectified as soon as possible.

Risk Categories And The Impact On Testing Frequency

Buildings are categorised based on their level of fire risk, so fire damper testing frequency may need to be increased in higher-risk properties. This ensures that the systems are always in optimum working condition and able to respond in the event of a fire.

Get In Touch

As experts in passive fire protection, our consultants can carry out professional fire damper system surveys to ensure your building and its occupants are comprehensively protected from the dangers of fire. To find out more, please get in touch today.