Alarm Bells Ring Over Fire Saety Rues for Landlords

In October a buy to let investor was sent to prison for failing to comply with new fire safety regulations. Mehmat Parlak was sentenced to four months imprisonment and his company, Watchacre properties limited, was fined 21,000 pounds following conviction for serious breaches of the Regulatory Reform (fire safety) Order 2005.

The prosecution followed a fatal fire at a Tottenham rental flat some 13 months previously.

Last month another landlord was fined 2,800 pounds by Woolwich Magistrates after admitting 17 offences relating to a three storey house in Blackheath. The court heard that lapses, included failure to fit fire doors and failure to ensure fire alarms were working, had put more than a dozen tenants at risk.

Local councillor O'Mara, cabinet member for neighbourhood services, said landlords 'have a legal and moral duty to ensure their tenants are not put at risk, and the law gives local councils powers to take landlords to court where we consider they are not fulfilling their duties'.

These cases come as no surprise to most fire safety professionals. Fire legislation has undergone dramatic changes over the past decade which have led to confusion about the requirements, the enforcement process and the safety standards applying to different types of premises.

Although compliance with the legislation has been improving within the residential sector, progress has been slow. The tragic incident from which the first prosecution cited above resulted should serve as a timely reminder of both the need for compliance and the potential consequences of doing nothing.

The most significant change made by the Regulatory Reform Order, which came into force on 1 October 2006, applies to multi-occupied residential properties (purpose built flats, conversions and the like). And it was for a breach of this regulation that the recent prosecution was brought.

Fire statistics for the United Kingdom, published by the department for Communities and Local Government (DCLG) show that in 2006 there were 363 deaths from fire in dwellings, of which 111 were within multiple occupancy buildings. In addition there were a total of 11,200 non-fatal injuries recorded. Statistically, most fires involving casualties occur at night.

One only has to consider some of the hazards associated with this type of occupancy to understand why the potential for death, or serious injury is so high. Such hazards can include:

* presence of sources of ignition, such as cooking appliances, smoking materials, electrical equipment, heaters, and candles;
* high levels of readily available combustible materials, such as furniture, curtains, carpets;
* storage, or build up of waste materials within escape routes;
* potential lack of appropriate fire detection and warning arrangements;
* inadequate, or unsuitable escape facilities;
* vulnerable occupants.

A fire risk assessment is a systematic identification of all fire related hazards within a premises and is designed to analyse how those hazards may adversely affect the building and its occupants. It should identify the level of risk that those hazards may present, and also identify suitable control measures for any significant risks.

A 'responsible person' is the person who has 'control' of the premises and it is he or she who is required to appoint one, (or more) 'competent persons' to undertake a suitable and sufficient assessment of all the risks within the areas over which they have control.

The 'responsible person' for multi-occupied residential premises is normally the landlord (or appointed property manager) and the areas that he or she has control over will normally be limited to the common areas of the building. In some cases the freehold is owned by the leaseholders for the building through a jointly owned company. In such instances the 'responsible person' would be a director or directors of the company.

A 'Competent person' is deemed competent, this person must have an appropriate level of knowledge and experience of the legislation, fire safety standards to be applied and the principles of risk assessment.

This person must be able to make appropriate judgements about fire risk and recommend suitable measures to eliminate or manage these risks. In most cases the competent person will be a fire safety professional. In some cases this expertise may be available 'in-house'.

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