Fire Risk Assessment Overview

24 Dec

The number of HMO landlords we encounter who haven’t considered a Fire Risk Assessment because they do not think they need one or think it will never happen to them is surprisingly high (sadly). A Fire Risk Assessment should be the cornerstone of your fire safety plans for your specific building. In this article we will break down the law and the facts surrounding fire safety in rented properties so you can be sure that you are up to code and keeping your tenants — and yourself — safe.

Fire Risk Assessments are often overlooked, which can lead to buildings being exposed unnecessarily to fire risk, sometimes with the potential for loss of life. We’ve also experienced landlords carrying out Fire Risk Assessments themselves, but even if you have a basic fundamental understanding of fire safety this is really playing with fire... pun intended!

For all but the most simple of premises, we would really recommend using a professional and qualified risk assessor. Professional Fire Risk Assessors undertake a lot of very detailed training and will be fully versed in the latest legal requirements and guidelines, including how to apply them to different types of building.

Introduction to Fire Safety

Fire safety in sleeping accommodation often overlaps between two enforcing authorities: the local housing authority and the local fire and rescue service. As a result, there are two types of risk assessment to consider for England and Wales:

Housing Act 2004: Introduced the Housing Health and Safety Rating System.
Fire Safety Order 2005: Responsibility for complying with the Order rests with the ‘responsible person’ (person who has control of the premises) who needs to carry out fire risk assessments in the common areas of HMOs, flats, maisonettes and sheltered accommodation (this does not apply to individual dwellings).

For the purposes of the article we are focusing on the Fire Safety Order 2005.

What is a Fire Risk Assessment?

From 1st October 2006 The Regulatory Reform (Fire Safety) Order 2005 requires the Responsible Person (RP) to carry out a fire risk assessment, including measures to reduce or eliminate the risk of fire, and identify persons at risk.

The Regulatory Reform (Fire Safety) Order 2005 gives the duty to take general fire precautions and carry out risk assessment, and although this requirement only applies to the common parts of HMOs, in practice it MUST take into account the entire premises.

Responsible Persons

By law, every block of flats and business is required to have an individual who is designed as the “Responsible Person” who is responsible for the building’s fire safety. The job of the designated Responsible Person is to ensure that all relevant fire safety tasks are conducted and that any necessary action is taken in order to prevent fires from occurring and to prevent death or injury if a fire takes place.

For tower blocks and blocks of flats, the Responsible Person is usually the managing agent or landlord, although it can be a Residents’ Association member as well. The Responsible Person in blocks of flats is only responsible for common areas, like stairwells and corridors. Residents are responsible for ensuring that their own flats are safe from fire.

Competent Persons

According to legal guidelines, a fire risk assessment may be conducted by a “competent” individual.

They also need to be able to do the following:

Record all of their significant findings in detail and clearly
Get a fire safety action plan developed if any changes are necessary and record those actions in writing
Get the action plan implemented if one is necessary
Update the fire risk assessment continuously

What is reviewed?

Fire Risk Assessments should be comprehensive and take into account many different fire risk factors but will depend on the complexity of the building. Whilst every assessment is different, the assessor should be checking the following fire risk and fire prevention factors as a matter of course:

The use, layout, and construction of the building
The number and nature of occupants, including any vulnerable occupants
Whether there is any history of fire loss in the building
Electrical equipment on site which could be a source of ignition
Smoking areas and measures taken to prevent smoking causing fires
Defence against arson
Portable and installed heating devices which may trigger fires
Protection against fires caused by lightning
General housekeeping, including keeping key areas clear of combustible materials
Any fire hazards introduced by building works or outside contractors
The storage arrangements for any dangerous/flammable liquid
The configuration of escape routes and how they are maintained
Measures in place to limit fire spread
That emergency lighting is installed correctly and in working order
The correct use and locations of fire safety signs
There is adequate means of raising the alarm in case of fire
The right fire extinguishers are in the right locations
The correct installation and maintenance of other devices, such as sprinklers
Who manages fire safety for the building, and how well
Whether there is regular fire safety training and evacuation drills
Correct maintenance and testing procedures of fire safety systems are in place
That correct documentation and records of fire safety measures are being kept

Is there a penalty for not having an FRA?

The penalty for not having a Fire Risk Assessment and, in particular, not having implemented the correct fire safety precautions, is prosecution resulting in severe fines, or in cases of extreme negligence, a prison sentence. You only have to Google the number of landlords that are fined and prosecuted for fire safety breaches to see how seriously this is taken.