Fire safety and social housing landlordsThe fire in July 2009 at Lakanal House in Camberwell, South London has alerted government, the fire service and the Tenant Services Authority to the urgency of the need for risk assessments, and to the need for the implementation of additional fire safety measures in social housing throughout England and Wales. Scotland makes its own provisions through the auspices of the Scottish Parliament. Since July landlords have been reminded of their duties and responsibilities with respect to fire safety and they have been urged to carry out or update their risk assessments. Ever mindful of the widening net of health and safety regulations and corporate manslaughter liabilities, landlords have no option but to re-assess their programmed inspections and works and bring forward the completion of fire risk assessments. Housing organisations are very conscious of the inevitable additional financial liabilities that arise from complying with current fire safety measures. Under the Regulatory Reform (Fire Safety) Order 2005 it is a requirement that a suitable and sufficient fire risk assessment is undertaken to all common areas in block of flats and maisonettes; refuges; student halls of residence; the common areas of HMOs and sheltered accommodation where care is not provided. These assessments should be undertaken by a competent person - "someone with training and experience or knowledge and other qualities". The Housing Act 2004 introduced fire safety requirements in existing residential premises such as HMOs. This Act established the housing health and safety rating system (HHSRS), and landlords have applied this system in meeting their regulatory obligations to achieve the Decent Homes Standard. The HHSRS is the mechanism used to evaluate the potential risks to health and safety arising from deficiencies identified within dwellings. In accordance with advice from CLG, most landlords undertake an "indicative" assessment against HHSRS as part of their periodic stock condition survey. As part of this assessment fire appears as one hazard out of twenty nine, which with the best will in the world receives a cursory consideration by the surveyor on site. A full HHSRS assessment is rarely carried out in existing dwellings other than HMOs. Landlords, therefore, need to either take the "indicative" HHSRS assessment more seriously or find some other means of properly assessing fire risk within dwellings and particularly in blocks of flats. Other practical difficulties in assessing risk come to mind, not least of which is how one deals with mixed tenure blocks. Planning and then conducting fire risk assessments in common areas of blocks throws up a number of practical issues some which are summarised below:
A risk assessment in common areas has to include for an inspection of reasonably accessible voids such as above suspended ceilings and loft spaces. It must also be considered good practice to inspect sample flats off the common areas to check on detection, alarms and the condition of fire resisting doors, particularly the flat entrance door. Competent building surveyors who undertake risk assessments are well placed to cost and prioritise recommended safety measures and provide a plan of action. In the absence of a standard report format (notwithstanding PAS79) it is important that a reporting format is agreed at the commencement of a survey, and that it is a format which can be conveniently retrieved and kept up to date on an annual basis. Web based database software provides such a system. Undertaking the fire risk assessment and recording the findings satisfies the duty under the RRO. These assessments invariably identify shortcomings in safety measures and recommend improvements which then rely on landlords putting revenue and capital funding in place. A recent survey of 600 blocks of flats, supported and sheltered schemes for a social housing landlord identified the need for an investment of £4 million. In addition to measures such as upgrading emergency lighting, installing smoke seals to flat entrance doors and numerous other action points, the survey identified various improvements required to management procedures. These included posting fire action and other notices and signs, servicing door closers, providing advisory leaflets and notices for occupants and warning against storing bicycles, refuse and old furniture where they obstruct escape routes. Where the housing stock includes a mix of properties comprising a variety of forms of construction, types of property and occupants, then landlords should be prepared to receive a variety of recommended improvements to implement, either to meet legislative compliance, responsible fire safety management or because certain measures are considered to be good fire safety practice. There is a dual enforcement regime in place with multi-occupancy premises given the duties and responsibilities established in the Housing Act and the RRO. Fire authorities and environmental health are keen to establish with social housing landlords where there are deficiencies in fire safety and to determine what plans have been prepared to implement improvements. Building insurers will probably take a keen interest as well. In meeting their requirements the recommended starting point for landlords is the preparation of a fire safety strategy and policy document. Such a document will deal with a variety of policy issues besides setting a strategy for the organisation. Amongst other matters a strategy would be expected to identify which properties and occupants should take priority in maintaining up to date risk assessments and in implementing fire safety measures; establish policies in areas such as means of escape, fire detection and warning systems, fire fighting equipment, general fire precautions, housekeeping and maintenance, safe working by contractors, evacuation plans and staff training. Thorough record keeping to a consistent standard is a particular issue which needs to be addressed by social housing landlords. The new regulatory regime throws up other practical issues amongst which are the following. The RRO does not apply to blocks of flats with direct entry to individual dwellings and the HHSRS does not fill this gap. Properties are often occupied by a mix of commercial and residential users, and risk assessments have to be exchanged and acted upon in such circumstances. New housing schemes may have engineered fire safety solutions and landlords need to ensure that risk assessments in these properties are carried out by competent assessors. Where housing schemes are also workplaces the landlord must be mindful of the requirements of workplace regulations and The Management of Health and Safety at Work Regulations 1999. One further issue with a cost implication to be addressed, is that the landlord needs to have in place a re-inspection regime to keep assessments under review. The fire at Lakanal House and the RRO has undoubtedly spurned social housing landlords into giving greater attention to fire safety in their housing stock. We now await the findings of the full investigation into that tragic fire in Southwark and the Governments’ response, and anticipate the likelihood of further fire safety responsibilities for managers of social housing.
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