Responsible Person

[stevew]

Nursing home that includes a suite owned by the occupier.
The suite opens into the home and is surrounded by rooms occupied by clients.

The occupier is a smoker.  I advised the home owner that the actions of the gentleman may affect
the fire safety of residents and staff.  Irrespective of what he agrees verbally my advice was to have a formal
arrangement, in writing.  My client advises me that they have consulted their solicitor who informed them that there was nothing that can be done.  I disagree.

Views please.

[wee brian]

Does he cook and use electrical appliances too?

[kurnal]

Smoking legislation would permit him to smoke in his home, despite the obvious fire risks. Unless he is receiving care services through the care home it is likely that his flat would be classed as domestic premises under the Order. I agree with your concern but also agree that there may be little that can be done under Legislation.

Common sense precautions would include extra vigilance and staff should report signs of near misses. Furnishings should be to the care home standard rather than domestic and be maintained in top condition, and of course the door should be fire resisting and self closing. Smoke detector rather than heat, though if this leads to unwanted alarms a heat detector on the ceiling and a smoke detector on the wall above the door may help.

[stevew]

He does not cook as I understand that he uses the care home facilities.

Appears to be a loophole in the legislation where there is no control over the risk he can introduce.

In this particular case the building is new and is fitted with a sprinkler system.

[bevfs]

maybe a clause (no smoking)should be stated within the tenancy agreement issued from the care home owners, if prospective tenants they don't like those terms ,they don't have to occupy, or can only occupy outer rooms with open direct to open air

[kurnal]

Sprinklers would seem to me to be an adequate risk control measure on their own. They will Deal with other risks apart from smoking, providing protection to the occupier and to other relevant persons.

[wee brian]

So your only concern is that he smokes?

[kurnal]

Wee B my own responses have so far been made as pragmatic advice. But you appear to have concerns beyond this.  Bearing in mind that you are looking at domestic premises, albeit part of the care home, realistically what powers would the RP have under the RRO to take any action other than to ensure adequate passive fire separation between the private dwelling and the care home?

[colin todd]

Big Al, I suspect the rapier wit of the little fellow is such that he does not have other worries but that he is asking if that is all one is bothered about.  But of course I could be wrong.  Academics still argue about the correct intonation and implication of "Geese villain" in the Scottish play and also "we fail".

[wee brian]

Thanks to my comprehensive English education I have no idea what you are on about.

My point is that a person living in a room or flat might cause a fire. Smoking is just one issue and one that you cant control. He might also habitually flambe his dinner (deliberately or not).

[kurnal]

He might even  be a fire eater. My point is that the legislation gives the RP of the care home  little or no control over what he does in his domestic premises. Do you agree?

[Mike Buckley]

Two points here.

The first is that the smoking legislation does in fact have two exemptions one is for hotel bedrooms where people can smoke in specially designated rooms if the hotel wishes to provide this and the second is residential care homes where the resident is allowed to smoke inside their room.

The other is a coroner's ruling in a fatal fire I investigated where an old lady set herself on fire because she insisted on boiling the kettle on the gas cooker and not using an electric kettle which had been provided by her family etc. The coroner ruled that no one was to blame because the old lady was free to make up her own mind in her home.

So with regard to the issue under discussion I would be looking at compartmentation to prevent any fire breaking out of the room and affecting the other residents or their MOE.

[wee brian]

Yes, that's my point. The OP was focused on the fact this person was a smoker. its better to just focus on the fact that its a person (therefore likely to cause the odd fire)

[colin todd]

Wee B, that was what I thought you meant.  See it is all down to intonation.  When Mcbeth said Geese Villain, to this day no one really knows whether Shakespeare meant. Ach they are just geese you banana. Or whether he meant spit it out man, what is coming to Dunsinane, a bunch of Geese? or whether he was just a bit annoyed.