Mobile Home Sites

[stevew]

Met with a site owner who has been required as a condition of his license to carry out a fire risk assessment under the RRO.
Explained that as site only consists of homes the RRO would not apply.
At this point the owner stated that he did not wish to upset the LA and he preferred that I carried out an RA.
I informed him that I had nothing to assess.
I then called the LA rep for clarification.  He advised me that the area in question was the space between each unit.  At this point I am trying to keep calm.
He also stated that many local authorities have the same approach.
The condition was worded in such a way that it gave the owner no choice but to carry out an RA
At the end of my conversation with the LA rep he agreed to accept a letter from myself stating that I do not consider that the RRO applies to the site.

Anyone come across similar situation and if there are any serving fire service members out there what is your authorities approach.

[idlefire]

I think I must have missed something here stevew, why do you think the FSO wouldn't apply in this case?

[Phoenix]

I would suggest that you consult:

Model Standards 1989: Permanent Residential Mobile Home Sites
Revising the Model Standards for Park homes, Dec 2005, and
Fire Spread between Park Homes and Caravans, 1989

The spacing is a big issue and, even if they are at least the recommended distance apart, you should consider the parking of cars in the spaces, the erection of additional buildings such as sheds, the growing of conifers and other shrubs between the homes and where exits are located in relation to external risks.  Access for fire appliances can be problematic as can be water supplies.  All these issues are dealt with in the guidance.

[stevew]

You haven't missed anything idlefire.
The RRO does not apply because there are a) no common areas and b) the mobile units are not rented out but are owner occupied.
My point is that the wording in the particular LA license conditions implies that ALL such sites WILL have a) and/or b).  In this particular case neither.

I agree with your comments Phoenix however the guidance you refer to comes within the scope of the license conditions and not the RRO.

[Mike Buckley]

I think one of the issues is the difference between a Fire Risk Assessment under the FSO and the general need to carry out risk assessments.

In this case I would agree that the FSO does not apply to the site, however this does not preclude a risk assessment. In this case the risk assessment needs to consider the distances between the caravans etc. It won't be a Fire Risk Assessment under the FSO as we know it but it will be a risk assessment.

[kurnal]

Appendix 1 of the cfoa guidance States that the site comprising the premises is subject to the order. But park homes and gardens that are privately owned are dwellings and as such fall outside the scope of the order.

I have risk assessed several of these sites. All that I have seen clearly fall under the scope of the FSO 2005.  All had communal areas such as laundry and store rooms, fuel and gas stores, office  groundsmans stores and maintenance workshops  Some had showers and toilets. All are licensed and therefore the findings must be recorded.

[Phoenix]

I agree Mike.  A good fire risk assessment will often encompass issues broader than the RR(FS)O, such as property protection, the environment or business continuity.

[Tom Sutton]

From the Model Standards 2008 for Caravan Sites in England: Caravan Sites and Control of Development Act 1960 ? Section 5

17. Requirement to comply with the Regulatory Reform (Fire Safety) Order 2005 The site owner shall make available the latest version of the fire risk assessment carried out under the Regulatory Reform (Fire Safety) Order 2005 for inspection by residents and when demanded, a copy of the risk assessment shall be made available to the local authority.

18. Fire safety measures where the Regulatory Reform (Fire Safety) Order 2005 does not apply (such as single unit sites and those sites solely occupied by family groups)

(i) The standards in this paragraph only apply if the site is not subject to the Regulatory Reform (Fire Safety) Order 2005.

[list of requirements]

http://webarchive.nationalarchives.gov.uk/20120919132719/http:/www.communities.gov.uk/publications/housing/modelstandardsparkhomes 

[Mike Buckley]

It gets more confusing as there is a difference between static mobile homes and touring caravan and holiday caravan sites. Trust HMG to make life difficult.

[Dinnertime Dave]

It gets more confusing as there is a difference between static mobile homes and touring caravan and holiday caravan sites. Trust HMG to make life difficult.

Add to that farm workers. Some of the sites around my home town have 100+ caravans.

[colin todd]

Cant see why the common areas are not FSO premises.

[idlefire]

I was thinking exactly the same thing Colin but I was told, in an earlier post, that the Order did not apply because there were no common areas and the mobile homes themselves were owner occupied.

I took that to mean that the Order did not apply to the homes by virtue of Article 6(1)(a), and that even the spaces between the homes were, by definition of the Article 2, "domestic premises".

I was happy to let it go at that point to avoid getting involved in a "where the Order applies and where it is actually applied" debate.

[Dinnertime Dave]

My understanding is that the order does apply, often asked to do joint inspections with LA. However, model standards enforced by LA.

So to answer the OP yes a fire risk assessment is needed, written because it has a Licence issued by LA.

[idlefire]

Stevew, is the license to be issued under Section 5 of the Caravan Sites and Control of Development Act 1960 by any chance?

If so it might be worth checking out the wording of Schedule 2 (AMENDMENTS OF PRIMARY LEGISLATION) Section 5(2)(a) (Caravan Sites and Control of Development Act 1960) of the RR(FS)O as it might answer your original post:

"Where the Regulatory Reform (Fire Safety) Order 2005 applies to the land, no condition is to be attached to a site licence in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under that Order.?

[Tom Sutton]

That is the point does the Regulatory Reform (Fire Safety) Order 2005 apply to the land?

Most residential caravan (mobile homes, park homes) sites I have seen consist of an area divided usually into fenced off plots with their own sewerage and water connection and you lease the plot, therefore where is the common areas, other than the road to the caravan plot. I do accept if there is an owners office then that would be subject to the RR(FS)O but that does not have any implications to the fire safety of the caravans so how do you claim the site is subject to the RR(FS)O.

However holiday caravan sites is a different matter I can see how you could claim they have common areas between caravans and the RR(FS)O could apply.

Ian Butter FRICS MRTPI of the Rural and Urban Planning Consultancy says,

Following the introduction of the Fire Safety Order in 2005 a duty was placed on the responsible person to carry out suitable and sufficient assessments of the fire risks on the premises. The Order applies to holiday caravan parks (excluding privately owned units unless they are sub-let) and the common areas of park homes (residential caravans). The latter criterion evidently excludes from consideration the residential caravan itself and its surroundings in private occupation. This has given rise to issues of interpretation which have yet to be adequately resolved. Some Fire Authorities are certain that caravan spacing is not within the scope of the FSO, whereas others consider it is. It is a moot point.

A point to consider, does it matter which legislation applies because a FR assessor conducting a FRA under the RR(FS)O would most probably use the model standards as a guide consequently the fire safety standard would be similar which ever legislation is used, the only difference would be one would be fire risk assessed and the other prescriptive.

www.ruralurbanplanning.co.uk