Fire protection and fire precautions

Much has been said on the subject of Fire Safety of late and we all agree its importance - but do we know precisely what the law is, who enforces it, where to get guidance, who is responsible, how to do a fire risk assessment or what is required in terms of alarms and detectors?

Two key points you need to understand - firstly  LACORS is just a guide and it has not been updated for nearly a decade since the group which wrote it was dissolved. Secondly, HHSRS is pretty subjective even on a good day and these two resources form the basis of all Fire Safety activity - so the onus is really on you to ensure you have minimised the risk of fire and maximised the likelihood of survival for your tenants. Now read on for our quick guide on the topic, pulled together for us by ex-chair Julian Clokie….

There are 3 key principles: Is the likelihood of a fire minimised, is there proper warning should a fire occur and can escape be achieved. 

The legal framework which defines our obligations in meeting these principles is complex and spread across a number of statutes and other legal instruments including:

1)Regulatory Reform (Fire Safety) order 2005  [The Fire order 2005]     

http://www.legislation.gov.uk/uksi/2005/1541/contents/made

 2)Housing Act 2004,

http://www.legislation.gov.uk/ukpga/2004/34/contents     defined in chap 1  and 2 see guidance in HHSRS scheme https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15810/142631.pdf see annex D page 150

3) The Smoke and Carbon monoxide alarm (England) regulations 2015 http://www.legislation.gov.uk/ukdsi/2015/9780111133439/contents

4)Building regulations See https://www.gov.uk/government/publications/fire-safety-approved-document-b

5)The common law wrt duty of care.

These rules and regulations are monitored and enforced by:  

• 1) The Fire and Rescue Service, Hampshire and other equivalents
• 2) EHOs of our local councils East Hants, Havant,  Portsmouth, etc.
• 3) Non statutory  regulators - Insurance companies, Anyone sent by a court following a disaster, coroners rep, etc

But who takes precedence or responsibility?  As a general rule larger properties are managed and enforced by the fire service and EHO focus on the smaller properties (eg up to 3 storey bedsits)

It is also important for us as landlords to fully understand when we are responsible and for what it is that we are responsible. According to  Fire order (2005) in this Order "responsible person" means—

(a)in relation to a workplace, the employer, if the workplace is to any extent under his control;

(b)in relation to any premises not falling within paragraph (a)—

(i)the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or

(ii)the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.

So for a private dwelling - assume you as landlord are responsible and you will not go far wrong.

Carrying out a Fire Risk Assessment may sound like something you need a specialist for, but in reality it is just common sense. There are 5 steps in a Fire Risk Assessment according to Lacors:

1. Identify fire hazards (paragraph 6.5).  (Igniter, fuel, air)
2. Identify people at risk (paragraph 6.10). (Old, young, numbers)
3. Evaluate, remove or reduce risk and protect against remaining risk note 2 (paragraph 6.14). (everything from circuits to alarms)
4. Record, plan and inform or train (paragraph 6.20).
5. Review (paragraph 6.25).

We probably all do steps 1 to 3 in our normal operation, but it is worth documenting that it has been done (point 4) to ensure we can show we have met our obligations and also, to give us a basis against which to review (point 5). 

No regularity is defined but we would suggest always review between tenants, review annually if you have long term tenancies and additionally review after any significant alterations or building works in the property.

Fire alarms systems are defined in LACORS guide page 24 et seq ranging from Grades A to F fire alarm systems (Automatic Fire detection systems)

Fire alarm detectors come in 3 types,

• Optical
• Ionising
• Heat

Using either data transmission or an attribute sent to control unit.

Electricity provided by mains, zinc batteries or Alkaline Sr electrolyte etc rechargeable

Table C4 Lacors defining which alarms for what

For further information and guidance:

Guidance to owners 1) Basic resume from RLA  see https://www.rla.org.uk/landlord/guides/housing_act/firesafety.shtml

                                  2) LACORS guidance

Https://www.rla.org.uk/docs/LACORSFSguideApril62009.PDF

                                   3) LACORS update

https://www.rla.org.uk/docs/clarificationlacors310309.pdf

The 2015 regs state that an alarm that is working on the first day of a tenancy must be installed on each floor of any let building if the floor is used for residential purposes.

https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenantshttps://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords/the-smoke-and-carbon-monoxide-alarm-england-regulations-2015-qa-booklet-for-the-private-rented-sector-landlords-and-tenants

HMO specific guides. See above

Building regulations. See above