In November the CLG gave the following advice on the clarification on the application of the Regulatory Reform (Fire Safety) Order 2005 to boats
1.
Background
1.1
This Bulletin article seeks to clarify the position about the application of the Regulatory Reform (Fire Safety Order) 2005 to boats – particularly narrow boats and cruisers primarily rented out for holiday or leisure purposes. This clarification is based on Communities and Local Government’s understanding and is intended to assist Fire and Rescue Authorities in their enforcement approach. But this clarification should not be taken as legal advice. Only the courts can definitively interpret the law, and if Fire and Rescue Authorities want legal advice they should contact their own legal advisers.
2.Clarification
2.1Communities and Local Government’s view is that the Fire Safety Order generally does not apply to boats hired for the purposes of holiday or leisure activities.
2.2 We consider that the Fire Safety Order applies to: a) permanently moored vessels (i.e. those which cannot travel) which are rented out on inland waterways and b) to boat yards.
2.3 Article 6(1) (c) exempts the application of the Fire Safety Order to a ship in respect of the normal ship-board activities of a ship’s crew which are carried out solely by the crew under the direction of the master. Our view is that this exception is likely to include narrow boats, cruisers and other sorts of pleasure craft rented for the purposes of holiday accommodation or other commercial activities. These vessels fall within the scope of the Merchant Shipping (Fire Protection) (Small Ships) Regulations 1998 (whose application is not limited to seagoing vessels) and any queries about the application of these regulations should be directed to the Department for Transport.
2.4 They are also within the scope of the Boat Safety Scheme operated by British Waterways and the Environment Agency. This aims to promote safety on boats on inland waterways and sets fire safety standards which must be met in order to obtain a navigation license.
2.5 The Communities and Local Government Fire Safety Risk Assessment guidance for Sleeping Accommodation currently states that the Fire Safety Order applies to boats. We recognise that this may be open to misinterpretation and plan to clarify this position in any future revision of the guidance.
Licensing Guidance says -
Guidance issued under section 182 of the Licensing Act 2003
It is particularly important that licensing authorities and responsible authorities, including fire authorities, fully appreciate that regulations under which a fire safety inspection would normally be carried out do not apply to ships/boats unless they are in dry dock. The safety regime for passenger vessels is enforced under the Merchant Shipping Acts by the Maritime and Coastguard Agency who operate a passenger ship certification scheme. Accordingly, it will not normally be necessary to duplicate the controls imposed through the certification scheme.
