Licensed HMO in Scotland/Smoking Policy

[gor810]

I have recently become stumped after visiting an HMO and becoming aware of the following.

The HMO in question provides accommodation for persons who are referred to the premises by the Social Work Department.

The occupants may be recovering from an alcohol addiction, drug dependency or some form of psychological illness such as depression.

It is acknowledged that the rooms used within the HMO for accommodation purposes are regarded as domestic and fall outwith the scope of current fire safety legislation.

Persons may smoke within their own room if they wish. Subject of course to any conditions imposed by the landlord etc. Is that correct?

Further to the above there is a designated smoking room within the HMO.

All comments welcome please.

[kurnal]

There is a very important difference in the definition of domestic premises between the English and Scottish Legislation - in Scotland the communal areas are also designated as domestic accommodation. One word in the definition makes a world of difference and takes the entire premises outside the scope of most elements of the fire legislation.

As for smoking etc then their home is their castle and there are no controls under any legislation that could impact on this. It might be appropriate to consider the role of the environmental health officers however- I don't know how it works in Scotland but in England there is a national agreed protocol that the EHO normally takes the enforcement lead over the fire service, using Housing Legislation.

[SeaBass]

I?ve come across similar issues in residential  care homes in England where residents, who pay for their own rooms and care, refuse, and in some cases are unable,  to go outside to smoke.   The governments of all of the country?s of the UK have made specific exemptions to their respective smoking prohibition legislation. These include residential care homes, prisons, mental health units, adult hospices and, some Hotel rooms. 

In short, the rules are that the smoker is allowed to smoke in their own demise but not in common parts or shared areas. If in a prison cell, inmates are only allowed to smoke if they have their own cell or share a cell with another smoker.

The one work place were the employees are still permitted to smoke is the theatre where actors can smoke on stage during performances, if the performance demands it in the script. They are not however permitted to smoke during rehearsals. 

In my experience Risk Assessments for smokers tend to focus on the health issues for both the smoker and members of staff who have to interact with the smoker. It is rare to find a risk assessment that looks at the fire risks arising from smokers and the use of smoking materials in confined places within larger premises.     

[kml]

 Hi Gor - If the premises is a licensed HMO the rooms are not considered separately as domestic - the entire premises is a relevant premises , also, if it is a HMO  there should be AFD in the rooms which usually deters smoking anyway.

From the Scottish Firelaw site

Section 78 ? Meaning of relevant premises

"For the purpose of this section, houses in multiple occupation which require a licence are not domestic premises,"

[kurnal]

Thanks for correcting me kml.

[kml]

No problem Kurnal - although its no help to Gor, it does highlight a common problem in HMOs in that there is a high standard of AFD which, if the tenant is a smoker will actuate the fire alarm,sometimes, in my experience, a tenant will disable the fire alarm to get round this. If you add a landlord who is not very diligent about weekly checks (and there are many)  , it can remain disabled until the premises is visited by an inspector.

[gor810]

Thanks to all for their views on this.