New Fire Safety Rules

The Government has reviewed current fire safety law, and new fire safety rules affecting all non-domestic premises came into effect on October 1st 2006. The Regulatory Reform (Fire Safety) Order 2005 was approved by Parliament on 7 June 2005. The Fire Safety Order will only apply in England and Wales. Northern Ireland and Scotland will have their own laws.

Emphasis on Fire Prevention

The main effect of the changes will be:

· a move towards greater emphasis on fire prevention in all non-domestic premises, including the voluntary sector and self-employed people with premises separate from their homes.

· Fire certificates will be abolished and will cease to have legal status.

· Responsibility for complying with the Fire Safety Order will rest with the 'responsible person'. In a workplace, this will be the employer and any other person who may have control of any part of the premises, for example, the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to work with each other. This would occur if several businesses shared a block of offices.

· The responsible person will have to carry out a fire risk assessment which must focus on the safety in case of fire of all 'relevant persons' including the disabled and those with special needs. The fire risk assessment will help identify risks that can be removed or reduced and the nature and extent of the general fire precautions that will be needed to protect people against the fire risks that remain. If five or more people are employed then there must be a record of the significant findings of the assessment. Responsibility for enforcement of the new rules will be with the local fire and rescue service authority who will carry out regular inspections with top priority going to those premises presenting most risk to the community.

How will the changes affect the letting sector?

Although the changes represent the biggest overhaul of fire safety legislation for the commercial environment, there will be little effect for most domestic premises which are largely excluded from the legislation.

However, since many letting businesses operate from commercial premises, the employer will need to review fire safety procedures.

In addition, the new Fire Safety Order will affect blocks of flats or a house divided into bedsits or self-contained flats since the ‘workplace’ health and safety legislation applies to the common areas in these types of property where there is a degree of open and regular access for maintenance and cleaning – areas such as entrance halls, stairways and lifts.

From an original email courtesy of the letting network www.lettingnetwork.com

Fire safety Regulations

The 2004 Housing Act requires the landlord to do several things about fire safety:

  • there has to be an adequate means of escape
  • depending on the size of the property, there may have to be smoke alarms and fire extinguishing equipment
  • If the property is an HMO subject to licensing (3 storeys and above and 5 or more people not living as a single household), your landlord must also comply with license conditions in relation to fire safety.

By law, the landlord must:

  • make sure that all the gas appliances they provide are maintained in good order and that a Corgi-registered plumber carries out a safety check each year.
  • maintain all electrical installations (i.e. fixed wiring) and any electrical appliances they provide (i.e. cookers, kettles) and make sure they are safe to use.
  • make sure any furniture and furnishings they provide meet the fire resistance regulations.
  • Locate, record and provide the tenant with information and management instruction on asbestos locations within the property.
  • Your council’s Environmental Health Officer will be able to give you more details about your landlord’s obligations and can force your landlord to provide adequate fire precautions.

 Fire safety of furniture

If you supply furniture or furnishings with the let, you must ensure that they meet the fire resistance requirements in the Furniture and Furnishings (Fire & Safety) Regulations 1988, unless the landlord is letting on a temporary basis while, for example, working away from home. However, the regulations do still apply if the let is for a longer period or for a series of lets, where the property is regarded primarily as a source of income, rather than a home. Where landlords are not sure if the regulations apply, they should seek advice from the Trading Standards Department of their local council.

These regulations require that the following furniture and soft furnishings supplied by the landlord in let properties meet fire safety standards:

  • beds, headboards of beds, mattresses (of any size);
  • sofas, sofa-beds, futons and other convertibles;
  • nursery furniture;
  • garden furniture which is suitable for use in a dwelling;
  • furniture in new caravans;
  • scatter cushions, bean bags, window seats and seat pads;pillows;
  • padded stools and padded chests (Ottomans);
  • put-u-up beds and garden loungers/seats;
  • loose and stretch covers for furniture.

Furniture manufactured since March 1989 will comply with these regulations and most will be marked with a label showing compliance.

The regulations do not apply to:

  • sleeping bags; bed-clothes (including duvets) and pillowcases;
  • loose covers for mattresses;
  • curtains and carpets;
  • furniture and furnishings manufactured before 1 January 1950 as the inflammable materials were not in use prior to 1950 (‘period’ or antique furniture would be exempt unless it had been re-upholstered in the intervening period); and
  • properties let continuously to the same tenant since prior to December 1996 until there is change of tenancy.
  • Non-compliance with the above regulations is a criminal offence and carries penalties of a £5,000 fine, 6 month’s imprisonment, or both. In the event of a death, charges could extend to manslaughter.

Department of Trade and Industry: A Guide to the Furniture and Furnishings Fire Safety Regulations (opens new window)

The New regulatory fire safety order  click here