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[Brian Catton]

I have recently been asked for advice regarding requirements imposed by an EHO in a letter to a private organisation providing supported accomodation for mental health patients.
The EHO required a six ring cooker to be provided to replace the four ring already provided in the home. He quoted the 1985 Housing act and Hasawa 1974.
When the homes manager challenged the EH department on my advice they backed off and said that the man no longer works for them. They will be sending a letter of acceptance.
I am applying HTM 88 which makes it clear that these premises are not considered to be HIMOS
I wondered if anyone else has similar experience with EHOs or indeed local authority fire officers.

[Colin Newman]

Brian, when the current version of HTM 88 was written we consulted with the then DTLR with respect to the premises within the documents scope being HiMO's or not.  

The concensus of opinion was that since the requirements of HTM 88 were generally in agreement with the requirements for HiMO's and in a number of cases ere more onerous, we should include in oujr guidance that premises falling within the scope of HTM 88 are not HiMO's.

This step meant that such premises do not need to be registered under the Housing Act which in turn removes a hurdle inherent in the implementation of the Act.  

Under the Housing Act the local authority may require those responsible for buildings within the scope of the Act to register, and the local authority may levy a charge to cover the costs of registration.  However, local authorities are not permitted to levy a charge for registration against public bodies such as the NHS since this would be seen by the Treasury as the local authority gaining additional revenue indirectly from the public purse.

As a result, a number of local authorities do not require or even desire NHS bodies to register their premises which fall within the scope of the Housing Act.  In some cases this can raise difficulties since the Trust is required to demonstrate registration, of all premises within its control that fall within the scope of the Act, for thye purposes of Corporate Governance.

[Brian Catton]

Colin,
Thank you for your comment.
I assume that when you say public bodies such  as the NHS it encompases private organisations. The company I am advising is a private Registered Charity. I note that such organisations are mentioned  as being within the scope of HTM 88.
I sometimes find that  enforcement agencies such as the Local EH Dept do not generally understand the philosophy of patient/resident environments that are regulated under Firecode.

[Colin Newman]

Sorry Brian,

My understanding is that it is only public bodies i.e. funded from the treasury or local taxes, that are excluded from a registration charge.

The scope of HTM 88 only relates to NHS supported living, but there's no reason why it shouldn't be applied to private organisations or social care premises.

I understand your frustration at local EH officers not understanding patient environments, this is probably because they don't usually get to see many such premises.