Anyone who starts or takes over a store, restaurant, or other business usually thinks right away of the standard formalities: the company, registration of business activities, permits, and tax administration. But when customers or other visitors have access to the business, there may be another point to consider: the regulations governing public access facilities and fire safety.
Those regulations are not the same everywhere. That is precisely why it is important to check in a timely manner which local regulations apply when starting a business, acquiring a business, or renovating a property.
1 When is a facility considered to be open to the public?
A facility open to the public, often abbreviated as PTI, is a place or space that is wholly or partially accessible to the public. This does not necessarily have to be the case on a permanent basis. Temporary, one-time, or sporadic openings may also fall under this definition.
Nor is the manner in which visitors gain access a decisive factor. For example, access may be free, require a reservation or registration, or be tied to an admission fee or membership card. Stores, restaurants and bars, and multipurpose spaces are typical examples of publicly accessible establishments.
2 Does every establishment open to the public have to be registered?
The specific obligations generally arise from municipal regulations or from regulations issued by the competent emergency services or fire department district. As a result, the procedure and requirements may vary depending on the location of the facility. What applies in one municipality does not necessarily apply in the same way in another municipality.
The first step is therefore always the same: Check the local regulations of the municipality and the relevant emergency services district.
3 When should you be extra careful?
The need for a notification, inspection, or fire safety certificate does not arise only when opening a brand-new business.
A new inspection or a new certificate may be required in the following situations, among others:
- •the opening of a new business;
- •a change in operator;
- •a change in zoning;
- •renovations or expansions;
- •other changes that may affect fire safety or evacuation options.
That makes this point of consideration relevant, for example, in the case of a acquisition of a business. After all, the existence of a building or an existing business does not automatically mean that the new operator is exempt from further formalities.
Timing also plays a role here. In certain emergency service zones, an application must already a few weeks before the opening or reopening be submitted.
4 Why is it best to check this before the opening or acquisition?
At first glance, fire safety may seem primarily a technical concern. However, the consequences for a business owner can be very practical.
Failure to comply with the applicable rules may result in additional safety measures or until the refusal to issue a fire safety certificate. In severe cases, it can even lead to a temporary closure of the facility. Depending on applicable local regulations, administrative or criminal penalties may also apply.
That's reason enough, then, not to put off the inspection until the business is ready to open its doors.
Are you starting, buying, or making changes to a business that customers or visitors have access to? If so, be sure to check the following in a timely manner:
- ✓Where is the facility located?
- ✓Which emergency services or fire department has jurisdiction?
- ✓Does the establishment need to be registered in advance?
- ✓Is a fire safety certificate required?
- ✓Does a takeover or change in operator result in a new obligation?
- ✓What application deadlines must be met?
5 No details regarding an acquisition or startup
The regulations governing establishments open to the public are not uniform throughout Belgium. Precisely for this reason, they are sometimes overlooked when an establishment is founded, acquired, or when its activities are modified.
A quick check of local regulations can help you avoid unpleasant surprises later on. Therefore, be sure to include fire safety requirements in the practical preparations for your business right from the start.