Two Storey Hmo

[leejr]

can anyone enlighten me the hmo guidance to local housing authorities on standards of fitness under section 352 of the housing act 1985 (1992 copy) states the means of escape in a two storey hmo has to be a protected route

However in the booklet " fire safety guide " published by shelter it states there is no requirement if there are less than 6 residents and factors such as openable windows for escape and close fitting doors.

It seems many fras are using the 352 standards am i correct?

[PhilB]

Some are, some have developed there own standard 352 is now gone.....The Housing health & safety Rating System will attempt to solve the problem. Standards will be based on an ideal...that being ADB totally inappropriate for existing HMOs. As far as I am aware no new guidance to replace circular 12/92 is in the pipe-line.

The future is scarey with all the problems of the legislative overlap between RRFSO  and Housing Act 2004.

THe guidance you refer to is based on Entec report that said for smaller HMOs fire doors were not required, just close fitting doors and no habitable rooms being inner rooms etc.

[Big A]

In the 'big smoke' one of our local councils has developed a guide for their inspectors. It has been done with the blessing of the CIEH who hope it will be used London - wide.  It has also been endorsed by the Brigade as a 'basis for consultation'.
There's nothing radical in this guide, in fact it's based on existing guidance but made (much) less prescriptive and there are introductory paragraphs emphasising risk assessment and that open-mindedness.

Phil, I don't agree that the overlap is scary. I don't quite understand why the overlap exists, though.

[kurnal]

I'm glad its not just me who is confused.
I have been asked by a local authority and by  a social landlord to carry out risk assessments of their properties looking forward to the RRO. But when I asked about the benchmark standard we are working to its a right can of worms.
The RRO guide for residential premises ( I've only seen an early draft) does not appear to give any direction, and many of the local authorities are going their own way under the housing Act, their standards documents  based on an amalgam of B1 and the old DOE circular 12/92.
I have been told our old friend CT has been commissioned by one go ahead authority in the east midlands to write a new code for them. In the meantime heres another example of a different approach by High Peak Borough Council which is a diluted version of 12/92 and confirms your comment Leejr.

http://www.highpeak.gov.uk/housing/HMOstandards.pdf


In the mean time the licensing system and the H&S rating system ( in force from April6)  will mean that EHOs are more likely to pre-empt inspections than the Fire Authorities using their new powers under the RRO (1st Oct)
So perhaps 12/92 remains and will remain more relevant than the RRO Guide when it comes out?

I did think that the regulatory impact assessment for the new Housing Act indivated that 12/92 would die?

Help somebody please!!! I have had to write a temporary  agreed standard based on 12/92 in order to start work for the local authority contract but it makes it very hard work and leads to an uncertain outcome in the longer term as to whether the risk assessments will be appropriate to the authorities whichever one it turns out to be!

[jokar]

The only guidance will be the sleeping risks guidance under RR(FS)O when it comes out in May 2006.  The ability of a Local Authority to license a premises is within the enacted Housing Act but the application is the license and therefore some authorities will do no more than take receipt of the appplication.  This system only applies to premises over 3 storeys so those under that may not be licensed.

[Big A]

An HMO licence is mandatory for an HMO of 3 or more storeys and occupied by two or more households comprising five or more people. The Local Housing Authority is obliged to carry out a Part 1 inspection/ assessment (HHSRS) of the premises referred to in the application (albeit within five years). Whilst it is correct to say that a licence cannot be held up pending the inspection, the licensing and management regulations that have been made under the Housing Act allow LHAs to ask for information about current levels of fire protection and maintenance etc.