I do thank you all who have responded to this thread, and am grateful for your comments and advice. I am pleased that there is a spectrum of strongly held views often differing from my own.
Why do I post this type of query on the forum? I am only too well aware of my own responsibility as a risk assessor and that if any one gets hurt in premises in which I have given advice I will be in the dock alongside the RP.
Some have suggested that I do it to give the local brigade a slating- a them and us situation- honestly nothing could be further from the truth. I was privileged to be a fire service officer for 31 years - it was and remains the best job in the world and I very often wish I was still at the sharp end still working with you guys- la creme de la creme.
I dont usually post on the forum to seek specific advice on how to deal with a particular premises - I use it to explore grey areas- and there are many, and to expose and explore inconsistencies in guidance and standards. In doing this I use examples I come across in my work- but often have to introduce a little poetic licence to fully explore an issue that based on the real life case may be overlooked.
So in truth in this case yes it is currently a small hotel, and all I have done so far is give free advice.
My view is as most of yours- I would not have my mum sleep in a first floor hotel room with a window escape. And I agree fully with the fire officer on this. So I gave three or four seperate options for improvement- all of which were difficult and probably not economically viable for this small business.
But when we considered the persons at risk - and found that more or less all clients were able bodied young and fit people on apprentice schemes, and that the windows are all large and easy to open onto a bay window, that storey height is fairly low, and realised that if they were not staying in this rather nice building they could equally be instead in some seedy bedsit in the city centre relying on a window for escape (in accordance with National guidance) I suggested to the owner that they investigate and explore the reclassification from hotel to HMO because they are already almost in compliance with the latest draft standards published by LACORS currently under consultation.
If it will work for them its an option to consider - otherwise they will need to upgrade the accommodation to hotel standard.
I find the Housing Act a nightmare and the definition of a HMO unclear, and I believe the reason for accepting means of escape via windows in a HMO is purely political expediency. I think that otherwise by nature of the style of enforcement by Environmental Health Departments many people would otherwise be made homeless. I fail to understand why we still accept window exits from the first floor of new dwelling houses though. I posted this thread to seek your views and broaden my understanding of the Housing Legislation and the definition of HMOs- and you have not let me down!
Like all of you I want to reduce risk ALARP in all premises I work in. And this is where the discussion starts. We do have a legal definition of reasonably practicable and it does involve the balancing of risk, difficulty, cost, upheaval, and sometimes political expediency. I accept also sometimes you do have to say it cant be done- the building is unsuitable for purpose.