Fire safety guidance
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Fire safety guidance update
Fire experts provide an update on new fire safety guidance and changes to regulations from 1 October 2023.
Recorded: 21 September 2023
Password: FireWebinar23!
Disclaimer
As a business owner or responsible person, you have a duty to comply with the requirements of
the Regulatory Reform (Fire Safety) Order 2005 (As amended) (the FSO). The information
contained in these FAQs is based on the author’s interpretation of ‘A guide to making your small paying-guest-accommodation safe from fire’ and ‘Fire Safety Risk Assessment for Sleeping Accommodation’ (the Guides) and how they can be applied to holiday or short term let accommodation.
This is for general information purposes only and does not constitute legal advice. Nothing within these answers should be deemed to overrule the Guides or requirements of the FSO, and the author accepts no responsibility or liability for actions taken against businesses or responsible persons by reliance on the information in these FAQs. This includes whether or not advice has been sought from the relevant authorities, such as local Fire and Rescue Services, Building Control Bodies and Planning Authorities.
Responsible persons are therefore recommended to refer to the Guides and seek consent from relevant authorities before embarking on any project to start or extend a holiday let business. The author of this document reserves the right to change or update the information in this document at any time without notice.
By using this document, you agree to the terms of this disclaimer
Frequently asked questions
You need to record your Fire Risk Assessment (FRA), including your actions, plans and timeline, irrespective of the number of persons employed to work.
You need to know where you need expert advice and when to assess yourself. For example, the guidance for small premises is relatively straightforward, while larger premises and more complex buildings might need more competent assessors. If you choose to carry out the fire risk assessment yourself, it is important that you feel able to interpret and apply the guidance and recommendations to your property. However, if you do not feel confident to do so, you should engage the services of a competent fire risk assessor. Always carry out reasonable checks that the fire risk assessor employed is suitably competent.
If a competent Fire Risk Assessor assesses you, it should be aligned. You need to record your FRA. Previous FRAs should be kept as a record, but the ‘current’ or most recent FRA is the one that is the relevant document – think of it as an MOT certificate
Contact your local fire station. They will most likely want to visit your premises for operation risk purposes. They won’t be able to inspect your FRA, but if they think it appropriate, they may ask an inspecting officer to attend to give you advice.
Do not wait for guidance. Any fire risk assessor is already suitable to assess according to your circumstances.
Each independent occupancy will require its own FRA, and there must be an FRA to cover any communal areas. The FRA for the communal areas will be the responsibility of the owner, landlord or Page 3 managing agents. All occupants must share their findings (co-ordinate and co-operate) with the other occupants. From 1 October 2023, a FRA is required for any premises to which the Fire Safety Order applies, irrespective of the number of persons employed to work.
The small paying guest accommodation guide says, ‘Any fire detection and alarm systems should be serviced by a competent contractor every six months.’ This is onerous for domestic systems and is more applicable to commercial systems in hotels, etc. Still, it would be considered best practice to ensure fire alarms are subject to suitable maintenance regimes in addition to the weekly or changeover tests.
• The fire safety order (Article 17) requires a suitable testing and maintenance regime for fire safety equipment. A period in excess of 12 months for basic tests would be difficult to justify.
• The British Standard for domestic fire alarms (BS 5839 part 6) does not specifically recommend that Grade C, Grade D and Grade F systems are maintained by a competent person unless identified in the manufacturer’s instructions. This says a visual inspection, cleaning, and functional testing should be done. This should be done as part of a regular maintenance regime.
Yes. Keep the actions recorded. This should be under the heading of ‘relevant information’
You need to keep a record and show when you are asked.
Yes, every rented room needs a smoke alarm. The system will need to be compliant with BS 5839:part 6, 2019, Grade D1 LD1. On completion of the installation, contractors should provide a written statement that they have installed the system to the necessary standard. Any variations should be included.
The only change is you need to record it.
Ask for references that align with your businesses, including accreditation, training courses and relevant experiences have been taken.
Yes, that is correct.
If you are a small premises, you can do it on your own. If the premises are relatively more complex, you need an assessor to ensure you comply with the regulations. However, you don’t need to wait to be published
Although the results might be similar, each unit should have an individual fire risk assessment.
There is no specific timescale, but you should record a review date on your FRA. FRAs should be reviewed at regular intervals (this could be annually, but not necessarily), but FRAs must be reviewed if there has been a change or reason to believe the FRA is no longer suitable. This may be following an incident or near miss.
Ask for references that align with your businesses, including accreditation, training courses and relevant experiences have been taken. There are Fire Risk Assessor’s registers. Here is an example - https://www.ife.org.uk/fire-risk-assessors-register.
Yes – there are courses, and the Institute of Fire Safety Managers have a ‘tier’ system. There are Fire Risk Assessor’s registers. Here is an example - https://www.ife.org.uk/fire-risk-assessorsregister
The owner, if they have control of the property, but letting or management agencies may have a duty dependant on their level of control. The Fire Safety Order refers to someone taking a ‘rackrent’. Saying this, ‘the “owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent.’ (Article 2 FSO)
Yes, Airbnb properties do need a Fire Risk Assessment.
Not at this time, but many training providers could provide training based on the organisation’s needs – an internet search using the phrase ‘fire safety training’ should assist in finding suitable providers.
The legislation applies to all premises where the Regulatory Reform (Fire Safety) Order 2005 (As amended) applies – so yes
The laws in Scotland are different. They would need to apply the English guide standards.
If the venue operates as a business, and some may define this as the ability to stay at the premises by booking or knocking on the door, then yes, the guide is likely to apply. Other standards may apply if the premises are operating as a shelter or charity, but they are likely to be very similar. The key point to consider is whether the person or persons staying on the premises are considered a relevant person and whether the fire safety order applies. The FSO applies to any premises which is not a single private dwelling (house or private flat). A relevant person is anyone who is legally on or in the vicinity of the premises.
Have a background check to determine whether the company has experience with similar premises.
The building owner/management should be responsible for communal areas, and the fire strategy should be communicated to the flats. Flat owners are responsible for FRA within their premises.
Yes
It is unnecessary to complete checks when the property is not in use, though this may make some small faults worse and more expensive to rectify. However, checks must be completed before reoccupation, which may require re-certification and re-commissioning.
If you decide to omit checks during the closed season, this should be detailed in your FRA.
It is very unlikely that the fire brigade team did a FRA. This would have been a fire safety audit, which is entirely different. If this is the case, you will need to complete your own FRA. An update only needs to be completed when there is a significant change in the exterior and function of the building, assuming the current assessment had been carried out correctly and actions were taken.
When a change on the building or function of the property is taken.
Yes – please complete a search on the internet using the phrase – ‘intumescent coating for fire doors.’
No – this is an appropriate testing regime.
Competent Fire Risk Assessors should give advice or solutions which will be accepted by the Fire Service by complying with the guides/standards. Where the advice deviates from standards, this needs to be made clear in the FRA, and the assessor should advise you to seek approval from the relevant authorities. Fire Risk Assessors have a duty to provide competent advice and can be prosecuted if the FRA is not suitable and sufficient.
It is mandatory to record your FRA moving forward, including plans and actions taken.The legislation is the same for both – the fire safety order. The guides for each depend on the property size but are most likely to be the Sleeping Risk guide if there are more than 4 bedrooms.
There are no grants for this, as the regulation has been in place for almost 20 years. The only change is to record the FRA.
Yes. The regulation applies. If you rent out the tent, you still need to complete a fire risk assessment, but it should be very simple, ensure you can raise the alarm in case of fire so that all persons can get out safely. For a bell tent or similar, you are unlikely to be able to provide mains wired fire alarms. In this case, a battery-operated smoke alarm will be acceptable. You will need to consider emergency lighting; this could be a torch fixed in a suitable location.
The travel distances are covered in both guides.
This is a statutory guidance. Not complying can be a breach of the order.
Do the background and sense checking and price comparison on the services.
The guidance for small premises is straightforward. However, you may need a competent Fire Risk Assessor for more complex premises.
We do not provide completed FRA due to the different circumstances of each premise.
It can range between £250-£300. However, price comparison and checking should be taken individually.
Depending on the building, 3-storey cottages can be as complex as HMOs or hotels or closer to small premises
The Fire Risk Assessor evaluates and gives feedback on how your premises can comply with the fire safety regulations.
It depends on how the FRA was taken, by whom, and the measure the premises’ owner took.
The principle is to prevent any specific circumstances that may jeopardise the safety of the person staying.
The inspections are already part of the Fire and Rescue Services tasks. The regulation has been established for almost 20 years.
The training requirements have not changed.
Yes, it will.
There is a guidance for sleeping accommodation that is already established.
It should be in a format that is accessible and available for inspection when requested by an authorised inspector (normally from the fire and rescue service – they should carry identification and a fire safety inspector’s authorisation card).
The regulations would not normally apply, but if a fire in the main house was likely to affect the selfcontained unit, this must be considered regarding fire separation – fire doors and raising the alarm in case of fire – sounders in both areas or one fire alarm system.
To comply with the guidance – yes. Who cleans your property, and what changeover checks are completed?
Not necessarily yearly. Make sure to manage any potential ignition sources. Insurance cover is to be factored in, for example, a maximum every two years.
There is no strict timeline. Only mandatory records for FRA have been taken, plans in place, actions taken, timescale, and follow-through, with a proportionate approach. The answer would be a soon as reasonably practicable. This does not specify a time but ensures that weak or lame excuses for not doing the work are not used. All fire risk assessments give a schedule for when works need to be completed, starting from immediate to 3 months, 6 months, 9 months, 12 months and as part of a programme of works. Assuming the works are required because of fire safety deficiencies, the fire risk assessor should consider the impact of fire when making recommendations. If works are unnecessarily delayed, then the fire service will take action. Page 10 The fire service can also require works to be done. When the fire service requires works to be done, they give timescales (in Enforcement Notices), which consider how long it would take to complete the work, considering the planning, procurement, installation and commissioning times. This will be similar to the schedule fire risk assessors use. However, the fire service can restrict or prohibit the use of the premises until works are completed if they think someone is at risk of harm in the event of a fire. If so, the business may use interim measures to lift the restriction/prohibition notice. An example could be restricting the use of bedrooms because of inadequate fire alarms (smoke detectors). The fire service may require a mains wired system to be installed in 3 months, but then accept a batteryoperated system to allow the bedrooms to be used while waiting for the mains wired system to be installed. It is up to the business owner to introduce interim measures. Still, they would not be able to use the prohibited area until the matters identified (as deficiencies) have been remedied.
No
You could try ‘iAuditor’
Competent Fire Risk Assessors are capable of conducting a FRA.
For owners of heritage buildings wishing to see what is possible, the ‘Fire Safety Management in Traditional Buildings’ guide published by Historic Scotland is a very helpful reference source.
Not really. You could ask someone to check thoroughly to see if they agree with your findings, but without experience, this is not recommended and is subjective.
Electrical installations should be checked every 5 years, but other electrical equipment may be subject to more frequent checks depending on the manufacturer’s recommendations and the use of the equipment. All checks should be completed by a competent person, and records of checks should be maintained
Your solicitor should request information from the seller or agent on compliance with fire safety regulations based on the current use. You should complete the FRA immediately after the purchase or before occupation.
The FRA is to be recorded, which means it is written down so that when an inspection occurs, there are records of FRA taken, plans in place, action taken, timescale and follow-through.