Dan Donovan Liverpool City Council A brief presentation on fire safety in residential housing East Midlands Housing Seminar 4th November 2010

Firstly, I’d like to replace a few myths with reality Myth. Fire is bright Reality. It isn’t. Flames are bright Outside fires have bright flames because of the availability of oxygen and because the products of fire can escape

Fires inside are dark Fire starts bright, but quickly produces black smoke and Complete darkness. If you wake up to a fire you May be blinded, disoriented and unable to find your way around the home you’ve lived in for years. Note the handprints along the wall

Myth. You can always outrun a fire Reality. You can’t. Fire can spread extremely fast In less than 30 seconds a small flame can get completely out of control and turn into a major fire. Most fires in the home occur when people are asleep. Ask your friendly local fire officer to show you the real time recording of a Christmas tree fire and I guarantee you will never go to bed without switching the lights off

Myth. It’s only hot near the seat of the fire Reality. Hot gases expand and rise very quickly If this it what happens to the plastic cover of an emergency light... The pressure inside the room where the fire starts builds up as the gases expand

Myth. Fire doors are an expensive waste of time. Reality. Early warning is probably more important but fire doors pay for themselves as well as saving lives The owner of this property doesn’t think they are an expensive waste of time!

Myth. Fire is deadlyReality. It isn’t a myth, although many more people die from toxic fumes and inhalation of super heated gases than die from burns Remember this ad campaign? It’s not just children who die

So, now that you are thinking about the reality of fire, what can we do about reducing the hazard in housing. What tools are available to us No I don’t mean hosepipes, fire extinguishers or stuff like that. What legal remedies can be applied?

Current fire safety has developed from 2 separate pieces of Legislation The Housing Act 2004 The Regulatory Reform (Fire Safety) Order 2005 (The “Fire Safety Order”)

Why two separate pieces of legislation to deal with one hazard? The Housing Act 2004 applies to all residential housing and deals with reducing hazards (including risk from fire) to a manageable level The Fire Safety Order deals with fire safety issues in the common parts of all premises but does not apply to private domestic areas At least, not directly

The Housing Act 2004 Covers every type of residential property including owner occupied homes Introduced the Housing Health & Safety Rating System (HHSRS) to reduce risks to health to an acceptable level Introduced mandatory licensing for HMOs that are three or more storeys and have five or more occupants

The Housing Act 2004 Sets some mandatory conditions for some HMOs Has supporting Guidance and Regulations, namely….. The Housing Health and Safety Rating System Operating Guidance The Management of Houses in Multiple Occupation (England) Regulations 2006

The Housing Act 2004 In a nutshell….. “…any residential premises should provide a safe and healthy environment for any potential occupier or visitor.” What if you replace residential with workplace? Any similarities?

Places a duty to carry out a risk assessment Make premises as safe as reasonably practicable Dynamic – changes depending on the risk (what is reasonable in a flat over a takeaway is different to a flat over a travel agents) Onus is on the ‘responsible person’ Only applies to ‘common areas’ but will need to take in account risk generated in private areas The Fire Safety Order 2005

So Who Regulates what? Due to the responsibilities under the HHSRS, Housing Authorities have a wide range of other safety & welfare elements to look at and will take the lead in most residential premises Because of their specialist expertise in dealing with a wide range of situations, Fire and Rescue Authorities will usually take the lead in mixed commercial/residential premises

So Who Regulates what? ☺A protocol has been drawn up to avoid dual enforcement as far as possible ☺This sets out which regulator will normally take the lead ☺ Latest update from Lacors is that FRA lead in common parts of purpose built flats

However……… ☺Either Authority can take action in any property where it is more appropriate for them to do so ☺Depending on available resources either Authority may inspect for fire safety ☺Data is being shared so that guidance and enforcement is more efficient and communication has improved Partnership working is the way of the future and the mutual goal is the preservation of health Therefore………

Better communication has led to the development of Protocol between Local Housing Authorities and Fire and Rescue Authorities to improve fire safety

And that led to (amongst other things) Guidance on fire safety provisions for certain types of existing housing (the national fire safety guide)

Who was involved in drafting the protocol? The guide can be downloaded for free from the CLG website

“One finds it terribly interesting and jolly informative. I’ll be recommending it’s use in all of my houses. What a pity it wasn’t available before 1992 ” Some people seem to think the fire safety guide is well written and are happy with it all…

Other people aren’t so sure and have problems with some parts of it…… “It says here that there’s no requirement for fire doors in 2 storey HMOs. And what does ‘sound conventional construction’ mean anyway...”

Why the need for fire safety regulation? Estimated 4 out every 5 house fires go unreported 55,800 reported fires in residential properties attended by Fire and Rescue Authorities in deaths 11,200 recorded injuries

The Regulatory Reform (Fire Safety) order 2005 (FSO) places a duty on the responsible person to take general fire precautions to ensure, as far as is reasonably practicable, the safety of the people on the premises and in the immediate vicinity. The responsible person must carry out a fire risk assessment for the purpose of identifying the general fire precautions and other measures needed to comply with the FSO In housing, who is the responsible person?

Fire risk assessment of the common parts of a high rise multi occupied building Can it be done without taking account of the occupants? The responsible person will be responsible not only for the safety of employees, but for that of any person (a “relevant person”, as defined in article 2) lawfully on the premises, or in the immediate vicinity of the premises and at risk from a fire on the premises. “relevant persons” means— (a) any person (including the responsible person) who is or may be lawfully on the premises; and (b) any person in the immediate vicinity of the premises who is at risk from a fire on the premises,

What is involved in the risk assessment process? The aims of the fire risk assessment are: to identify the fire hazards; to reduce the risk of those hazards causing harm to as low as reasonably practicable; and to decide what physical fire precautions and management arrangements are necessary to ensure the safety of people in the premises if a fire does start.

Fire risk assessment in a nutshell 1.What’s going to catch fire 2.What’s going to make it catch fire 3.Who is going to be harmed if it does catch fire 4.What are you going to do to prevent it catching fire 5.How are you going to demonstrate that you have taken steps to prevent it catching fire 6.What are you going to do about getting wheelchair bound Mrs Bloggs to a place of safety if it does catch fire. (an emergency plan 7.How often are you going to review your assessment

Is it time for lunch yet? I can carry on if you want

Part C – General Fire Safety Principles Remember – you must reduce risk to start with Guide is based on ‘normal risk’ – if there are occupiers with special problems or particular risks then additional provisions may be needed

Escape Routes Consider if the building is low risk or high risk The layout and complexity The length of the escape route Type of construction and repair Other fire safety precautions, e.g. automatic fire detection or sprinklers A fully protected escape route offering 30 minutes fire resistance remains the ideal

Escape Routes The guide does not set maximum travel distances Previous guides suggested travel distances to a place of relative safety of 9m – this is a useful reference but can be varied –up or down Assumes that most units will have reasonable travel distances Internal corridors may need to be fire resisting in large HMO’s (9.7) If very large and/or complex the Fire Safety Order Sleeping Risk Guide may be more appropriate (9.15)

Basements In 2- storey + basement single occupied or low risk shared housing – existing sound construction may be sufficient (10.3) Larger shared housing, flats and HMO’s – full F/R between basement and ground floor required (10.4) Generally unoccupied basements, unless scrupulously managed, should be 30 min F/R (11.1)

Escape Windows Able bodied – use must be feasible Room floor < 4.5m Clear ground below Not over basement well Openable without a removable key

Protected Routes Ideally 30 min F/R with fire doors with strips and seals But “Sound construction” of escape route allowed in… Single family houses with 2, 3 and 4 storeys Shared houses with 2 storeys Bedsit HMO’s with two storeys No ‘egg box’ doors and good partitions

Fire Doors Strips and seals – except in lower risk properties where AFD restricted to common areas Earlier warning is thought to be more important Self closers may not be necessary in lower risk shared housing

Exit Doors Openable from the inside without the use of a removable key Internal doors should open from inside with a latch or thumb turn (adjacent glazing may need to be security rated)

Does the property need fire precautions? Single household occupancy of no more than two storeys No requirement for full 30-minute protected escape route but the escape route should have sound, conventional construction and should not pass through risk rooms No requirement for fire doors but sound, well constructed and close-fitting conventional doors are required. Alternatively, provide suitable escape windows from bedrooms and living rooms Fire detection and alarm system interlinked mains wired smoke alarms with integral battery back-up located in the escape route at ground and first floor levels; and additional interlinked smoke alarms with integral battery back-up located in any cellar

Does the property need fire precautions? Shared household occupancy of no more than two storeys No requirement for full 30-minute protected escape route but the escape route should have sound, conventional construction and should not pass through risk rooms No requirement for fire doors but sound, well constructed and close-fitting conventional doors are required. Alternatively, provide suitable escape windows from bedrooms and living rooms Fire detection and alarm system interlinked mains wired smoke alarms with integral battery back-up located in the escape route at ground and first floor levels; and additional interlinked smoke alarms with integral battery back-up located in any cellar

Does the property need fire precautions? additional interlinked heat alarm with integral battery back- up located in the kitchen Shared household occupancy of no more than two storeys (cont) additional interlinked smoke alarm with integral battery back-up located in the lounge; and additional interlinked smoke alarms with integral battery back-up located in any cellar. No requirement for emergency escape lighting Fire blanket to be provided in the kitchen

Example 3 storey property without basement. Currently has interlinked smoke alarms, but only in the common parts. No sounders, No emergency lighting or break glass. No fire indicator panel and No fire doors apart from 1 in the kitchen. No fire extinguishers. What additional fire precautions are required, if any?

Example

Further example 3 storey building, 6 bed shared amenities all internal door of solid construction, however no door closers or smoke strips, wired alarm system with detectors to common parts only. Let’s have a heated debate!

Appropriate levels of detection? The emphasis is on suitable detection and warning whilst managing false alarms We know from experience that excessive false alarms lead to disabling the system Striking a balance is the important message

THE END Or is it? National fire safety guide: