I have an interesting scenario:
A bungalow with three "residents"/"service users". All three residents are wheel chair users and are not related and pay individual rent to a landlord but in my view they live and operate like a family unit. 3 care staff are provided during the day and one sleep in staff member at night and are employed by a care provider.
An enforcement notice has been served on the care provider's employer and the landlord, full part 6 AFD is required, fire doors to the kitchen and conservatory to separate routes and emergency lighting. The content of the notice is not really important as I interpret Article 6 it could only be enforced to protect the employees and not the service users.
Relevant FSO Articles:
Article 2 defines a domestic premises as a premises occupied as a private dwelling, which for the "residents" it is. The FSO will apply to anyone employed at the premises which obviously the support staff are. The fire authority are classing the premises as a HMO or supported living but can't offer me a definition of the latter. (Probably cause there isn't one?) The services users take strong objection to be classified as supported living.
Article 3 - RP - involves both parties as there is an employer of the support staff they are a responsible person but because they don't have control over the premises to correct the deficiencies highlighted in the notice, then the owner is also a responsible person.
Article 5 brings in articles 8 to 22.
Article 8 introduces general fire precautions that need to be adequate for relevant persons. Obviously the residents are there lawfully so they are then relevant persons.
But the residents are operating as a family unit and use the premises as a private dwelling therefore I don't think the FSO is meant to apply to them, the support staff are at no greater risk than in any other bungalow (other than possibly improving the fire alarm so that they can hear it if they are asleep) and therefore the fire precautions for them would have to be considered as satisfactory.
Also noted in the CFOA enforcers guide 2012 (page 31) this statement:
'Where an employee is featured in premises such as flats or sheltered housing, then the Order applies in full to the protection of those employees but the scope of the Order falls short to such employment as nannies or domestic cleaners in a domestic setting.' This does not detract from the duty owed by employers, landlords and owners in terms of maintenance and testing of common fire precautions installed for the benefit of multiple occupants. In general the Order does not apply to domestic premises. However Fire Authorities have the power to prohibit premises, including areas of domestic living accommodation (flats, private rooms in HMOs etc) situated in premises to which the Order applies, where serious risk is present.
Which would infer that the FSO should only apply to the employee only and not the resident?
Appendix 1
Individual houses (shared)
The Order does not apply to traditional format (individual bedrooms, kitchen, lounge etc) houses (detached or terraced), which are occupied by a group of persons (e.g. a few students or friends) under a shared tenancy or individual tenancies under a head tenant. The use of locks on bedroom doors to provide a degree of privacy or security is irrelevant because the individual bedrooms are not considered to be separate dwellings. The whole premises consists a house occupied as a single private dwelling.
Supported living
Where occupants of single private dwellings receive regular health care from the employees of external agencies, the Order does not apply to the single private dwelling because the principal use of the premises is as a single private dwelling, to which the Order does not apply. Where supported living is provided within an institutional setting, the Order does apply. Guidance relating to the standards of fire safety to be provided in premises to which the Order does apply can be found in ‘Fire Precautions in housing providing NHS – Supported Living in the community - An Update of Health Technical Memorandum 88”.107 It should be noted that this document pre-dates the Order and that it provides advice commensurate with acknowledging that the premises are a home to the residents and that the application of fire safety should maintain a homely, non-institutional environment.
Interestingly if the residents sacked their support staff (which I was informed they could) the Notice would definitely not apply.
I would value any thoughts on this one.
