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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Community Fire Safety => Topic started by: kurnal on September 24, 2012, 07:56:34 AM
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A social housing provider who regularly reads this forum has contacted me and asked me to post about a rather odd letter they have received from the fire service.
The letter was prompted by a community safety visit following a request by a tenant for a home fire risk assessment in a single private dwelling house built in the 1960s, the house was found not to be fitted with smoke alarms.
The letter says that that the Landlord has a LEGAL duty to install smoke alarms in all its premises. (But the letter is only headed Fire and Rescue Services Act).
Whilst the Landlord accepts there is an overwhelming moral imperative to provide smoke alarms and is currently involved in a plan to install interconnected LD3 Grade Ds in many thousands of properties over several years, the letter has made them nervous and wondering as an interim whether instead to install stand alone Grade Fs.
As far as I see it there is no legal requirement to retro fit in pre 1991 single private dwellings and I think the fire service letter is probably a red herring. Any views?
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A social housing provider who regularly reads this forum has contacted me and asked me to post about a rather odd letter they have received from the fire service.
The letter was prompted by a community safety visit following a request by a tenant for a home fire risk assessment in a single private dwelling house built in the 1960s, the house was found not to be fitted with smoke alarms.
The letter says that that the Landlord has a LEGAL duty to install smoke alarms in all its premises. (But the letter is only headed Fire and Rescue Services Act).
Whilst the Landlord accepts there is an overwhelming moral imperative to provide smoke alarms and is currently involved in a plan to install interconnected LD3 Grade Ds in many thousands of properties over several years, the letter has made them nervous and wondering as an interim whether instead to install stand alone Grade Fs.
As far as I see it there is no legal requirement to retro fit in pre 1991 single private dwellings and I think the fire service letter is probably a red herring. Any views?
Will they soon get a follow up visit by the herrings with a suitcase full of detectors?
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Many UK FRS do provide, for free, single point smoke alarms (one on every living level as a minimum) to private residential occupiers, as part of a home fire safety risk assessment, usually arranged through the FRS CS department or after a local fire by fire crews. Check out your local FRS website.
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The letter says that that the Landlord has a LEGAL duty to install smoke alarms in all its premises. (But the letter is only headed Fire and Rescue Services Act).
Inform the FRS that as an organisation you are happy to comply with the legislation. However, you would like details of the legislation.
P.S - when they answer please post the answer and enlighten us all.
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Given that the Government has spent some time and effort opposing a private members bill that would require landlors to provide smoke alarms, I think it fair to say that this isn't currently a legal requirement.
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Sounds as if the FRS in question has been a bit naughty here. May be worth contacting them and asking under what legislation they intend to push this under, and how they intend to prosecute your client. Try not to sound too smug when you ask them :P!
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Try not to sound too smug when you ask them :P!
Sorry to disagree - go on be smug.
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The letter says that that the Landlord has a LEGAL duty to install smoke alarms in all its premises. (But the letter is only headed Fire and Rescue Services Act).
possibly they are relying on Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005 No 3208) under the Housing Act 2004.
Shelter says: (for England)
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/home_safety/fire_safety/fire_safety_responsibilities#5
Fire safety if you don't live in an HMO
If you don't live in an HMO, your landlord doesn't have to comply with any specific laws, but has a general duty to keep your home fit for you to live in.
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your landlord doesn't have to comply with any specific laws
Then he doesn't have legal responsibility.
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'possibly they are relying on Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005 No 3208) under the Housing Act 2004.'
Maybe but that is not enforced by the Fire Authority it is usually enforced by someone like Environmental Health and some of the things they come up with relating to fire, stagger belief!
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Thanks to all for the replies.
It is interesting to note that there appears to be legislation in place in Scotland requiring Landlords to install mains powered smoke alarms in houses.
http://www.prhpscotland.gov.uk/prhp/files/A%20note%20on%20SmokeAlarms-revised%20version.pdf
Heres a link to the English Bill that failed this tear as referred to by Wee Brian:
http://www.publications.parliament.uk/pa/cm201011/cmbills/014/11014.i-i.html#j02
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Kurnal, I was about to ask whether the premises were in Scotland, where the repairing standard makes requirements, in which case the FRS are correct. Could you advise as to the area of the UK?
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I understand the Housing provider covers from London as far north as Leeds and west to bristol. The fire brigade involved was not far north of London.
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Had the officer moved down from our friends north of the border?
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Michael, you mean like so many of us missionaries to the 4th world sometimes do????
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Was that a mispelt word, "mercenaries"?
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Yup...think you are right there Jokar
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If its in the tenancy agreement then surely enforcable under the housing act and as as the initial post stated there is obviously a morale duty of care. :)