Provision of information

[davincey]

Hi all

Can anyone tell me if there is any requirement under The Order to provide tenants/leaseholders in flat blocks with a copy of the FRA?
I can only find reference to providing for employees and it would make my life much easier if I could avoid giving these out!!

[kurnal]

I think whilst there is nothing in the fire Safety Order requiring you to do this, it is a good demonstration of due diligence by the landlord. Article 19 and 20 of the Order are clear that they apply only only to provision of information to employees and other employers and self employed. However if there are significant findings that affect tenants then it seems to me that a reasonable landlord would tell them.

BS5588 part 1 recommends that they be given a document detailing the fire strategy for the building including the fire emergency plan for the building. I usually condense this down to two sides, telling them about the stay put policy, what to do if.... , not to mess with their flat entrance doors or the internal layout of flats, not to put combustibles int he staircase and not to obstruct access by indescriminate parking. The rest of it is  contact details for the landlord and  and advice on general fire safety in the home.

I usually make it bespoke to the building and print out sufficient copies one for each flat. Whether they read it is another matter.
 

[Davo]

You have to decide if the occupiers (other persons) may be affected by what you find.

Maybe a precis in simple terms would be in order with a contact if they want more

davo

Would the Lakanal occupants have liked to see it? Damn right, they would have pressured the council to put things right for sure


 

[kurnal]

Just another thought- Article 17 requires you to make arrangements for maintenance of things in flats if they contribute to the safety within the common areas- like fire resisting entrance doors to flats and service ducts passing through the compartment floors linking bathrooms etc. The occupiers must also cooperate with you to achieve this though it is not an offence if they do not.

You may wish to formally remind them of this.

[CivvyFSO]

I think you can have an offence if they do not cooperate Kurnal.

(4) The occupier of the other premises must co-operate with the responsible person for the purposes of paragraph (2).

This (The part you are making reference to from article 17, inserted for the benefit of people who can't be bothered to look) gives them a clear obligation with regards to maintenance by virtue of their tenancy:

Then move on to Article 5:

(4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—
(a) the maintenance or repair of any premises, including anything in or on premises; or
(b) the safety of any premises,
that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends.

Therefore article 5 can define them as a responsible person for those matters. As soon as we have a RP defined the offences part is just the same whether it is an employer, self employed, person having control etc.

[davincey]

All very good stuff.... as always! (and delighted to see you are on form with the first response kurnal!)

I have no problem sharing information about the FRA and precautions within the buildings with tenants.... my problem comes from the FRA's themselves... carried out by a contractor (before my arrival here!!) they state that detection is required to be fitted in common parts, listing it as a 'high' risk..... even though the common parts are open balcony walkways!!

I think (as suggested) that a precis of my interpretation of the FRA's makes the most sense.

Thank you all for your input

Food for thought as ever!!