LACORS Fire Safety Guidence – The Next Steps
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A TEN POINT PLAN
1. No gold plating of LACORS Guidance
Local councils and fire brigades must resist the temptation to “gold plate” the LACORS Guidance. Requirements in excess of those set down in the LACORS Guidance are in-appropriate and unnecessary.
Current position – we are pleased to say that currently there is no evidence that Authorities are gold-plating the LACORS requirements.
2. Licence conditions for licensable Houses in Multiple Occupation
In many cases, the existing licence condition will require fire safety works which exceed those contained in the LACORS Guidance. These conditions should be varied, at least so that they are in line with LACORS Guidance.
Current position – again we are pleased to say that the Local Authorities seem to be adopting a sensible approach to modifying licence conditions where appropriate so that they are in line with LACORS Guidance.
3. LACORS Guidance as a starting point fur further development
In a number of respects, based on expert advice, the RLA believes that the LACORS requirements are excessive, when measured against the risks involved. One example of this is the requirement for an LD3 automatic fire detection system in single dwellings occupied by families, in line with building regulation requirements for newly built/converted properties. The RLA considers that a single point ten year detector is sufficient to safeguard residents safety from fire. The LACORS Guidance is to be complemented for its approach and its thoroughness. However, it was prepared on a limited budget and in the view of the RLA should be treated as a starting point; not as definitive.
Current position – following representations from the RLA LACORS has now issued clarification on certain aspects of its Guidance. This clarification recognises that it is not practicable to install LD3 automatic fire detection systems in rented single dwellings. It recommends their installation in properties when they are renovated. In the meantime, it accepts that good quality single point smoke detectors are acceptable.
4. The Housing Health and Safety Rating System/risk assessment
The Housing Health and Safety Rating System (or HHSRS) underpins fire safety enforcement. There have been significant reductions of late in the number of deaths from fire. HHSRS was developed based on statistics for earlier years which are now out of date. There needs to be a fresh approach of the risk from fire. The RLA is of the view that HHSRS needs to be looked at again in relation to fire safety requirements to bring it up to date in with recent developments. HHSRS guidance needs to distinguish between different types of residential accommodation and provide more appropriate worked examples.
Current position – hopefully later this year Communities and Local Government will announce a review of HHSRS which will enable us to put forward a case for re-appraisal of the statistical evidence on which HHSRS Guidance for fire safety is based.
5. Mass voluntary compliance
The RLA encourages professional and responsible landlords. To this end, it is important that landlords feel that what is required of them is reasonable and that the cost is not excessive. Carrying out a small amount of work at a modest cost on a wide scale will often achieve a lot more than the “all singing all dancing” requirements much beloved by the Government. Landlords need to be encouraged in this way to improve fire safety and should not be expected to make massive changes. In some properties, such as shared houses, members often do not wish to make drastic changes because it can radically alter the character of the property.
Current position – we are pleased to say that following a lot of hard work the message now seems to be getting through to Local Authorities that excessive requirements are counter productive and in particular the kind of requirements which are being applied to shared houses are much more in line with the risk level for that kind of property.
6. Fire Safety Enforcement
The RLA is looking for assurances from central Government, local councils and fire brigades that if landlords carry out work in line with the LACORS Guidance then enforcement action will not be taken so as to require additional works. Furthermore, the LACORS Guidance is based on risk assessment and the last thing we want is individual council officers questioning risk assessments which have been carried out in line with LACORS Guidance.
There needs to be one enforcing authority for fire safety in residential accommodation.
Current position – following pressure from the RLA there is now a national protocol so that essentially the Local Authority, rather than the Fire Authority, should be the lead enforcement authority for most properties in the private rented sector. Whilst we still press for an amendment to the law we believe that this is at least some improvement.
7. No discrimination against the private rented sector
The Housing Health and Safety Rating System is intended to be tenure neutral i.e. it applies equally to owner/occupied accommodation, council owned accommodation and housing association properties. If local councils intend to enforce requirements in the private rented sector they should apply the same standards through their own accommodation and carry out enforcement action equally in owner/occupied properties and accommodation owned by housing associations. There must be no discrimination against the private sector as fire safety affects the whole population. The RLA will take steps to counter enforcement action taken against the private rented sector unless such action is taken equally in other sectors.
Current position – this is still an issue which everyone will have to get to grips with as the current signs are that even though HHSRS is tenure neutral, enforcement action is being concentrated on the private rented sector.
8. Guidance for the Landlords
Training and education for landlords is important. To play its part the RLA will be publishing guidance for its members as to what needs to be done to comply with the LACORS Guidance. LACORS Guidance is a very detailed document. It requires careful analysis and an understanding of fire safety principles. RLA Guidance will distill the basic requirements for different property types for you to make the Guidance more widely known and understood.
Current position – the RLA is working on a fire risk assessment model to assist its members.
9. Changing the attitude of the Enforcers
Over the past few years, there have been significant changes in the approach the enforcement of fire safety. It is important that those enforcing the legislation, such as environmental health officers and fire officers on the ground are fully aware of these changes. The RLA believes that there needs to be a radical change of approach on the part of enforcers. They are not necessarily up to date with the latest technological developments. Often they seem to want to hang on to something because that is what they have always been used to. The RLA is calling on major changes in the way in which these enforcers are trained and educated in their work.
Current position – we are pleased to say that more and more it is being accepted that there needs to be a cultural shift among enforcers and that they are gradually coming to grips with the risk based approach. More work is still needed, particularly training and education.
10. The Fire Safety Order
Alongside the Housing Act, sits the Fire Safety Order or the Regulatory Reform Order as it is known. It is primarily intended to apply to commercial premises but because the UK Government has chosen to gold plate European Law it also applies to the common parts of certain residential accommodation, particularly flats and bedsits. It is enforced by the fire brigade. This means that for this kind of accommodation there are two enforcement authorities, the local councils and the local fire brigade. Both because of this and the fact that the Fire Safety Order only governs part of the building, there is uncertainty and confusion. There is no need at all for dual legislation. The RLA has been calling for a radical change and for residential accommodation to be taken out of the scope of the Fire Safety Order.
Current position – despite our representations to Government no progress has so far been made in this area but it remains a long term aspiration to ensure a much simpler fire safety regime for the Private Rented Sector. One major success for the RLA has been to obtain acceptance that shared houses are outside the scope of the Fire Safety Order. This is now written in to the LACORS Guidance. This means that statutory risk assessments to comply with the Fire Safety Order are not needed for shared houses (as defined in the LACORS Guidance). They are still required, however, for flats and bedsits or other buildings where there are common areas.
Updated as at May 2009