Bed and breakfast owners Fire Order October 2006
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Bed and Breakfast Owners Fire Order October 2006
Chris Parkin
The new Fire Regulation Order from October 2006 raises significant issues for smaller accommodation providers. In keeping with the current administration's ethos of 'if you sell one room for one night, you are in business and business rules apply' the new Fire Regulation Order applies to any serviced accommodation provider no matter their size (no six bed rule allowances).
Some confusion has arisen on interpretation of the Order and Fire and Rescue Services throughout the country have appeared to adopt differing attitudes to the application of the Order's guidance notes.
To try and make some sort of sense of the reports bandbowner.com has received from all over the Country about Fire Risk Assessments and the Order and the interpretation of the same by local Fire and Rescue Services bandbowner.com has written to all the Fire and Rescue Services in England to ask for their interpretation of the legislation.
The letter below (ITEM 1) was sent to ALL fire and Rescue Services in England (ITEM 2) in early August 2008 and the responses received have been posted below. At the time of writing most Fire & Rescue Services appear to be taking a pragmatic approach to the Order and examining the 'risk' before making suggestions on how best to comply with the Order. If the response in is italics it is because the contact with the Fire Service was verbal contact responses from other Service are posted up verbatim.
Members please use the Discussion Forum for comments and questions.
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ITEM 1
Bandbowner.com
Bondgate Helmsley North Yorkshire YO62 5EY
webmaster@bandbowner.com 01439 770557
6 August 2008
Dear Sir/Madam
The Fire Regulation Order Small Accommodation Providers
www.bandbowner.com represents a considerable number of smaller serviced accommodation providers in England. Currently many Members of bandbowner.com are expressing concern and confusion about the enforcement of the Fire Regulation Order October 2006.
In trying to advise bandbowner.com Members throughout the Country on the ramifications of the new Fire Regulation Order it has become apparent that no clear picture is developing on the interpretation of the new legislation. Reports vary widely from different parts of the Country on advice offered from local Fire and Rescue Services, a situation that is unhelpful in any matter of safety.
Some Members have been visited by their local Fire and Rescue Service and had their Fire Risk Assessment assessed, others are still waiting for a visit. Some Members have had their Assessment checked and been asked questions about further safety measures not covered in the new Order, others have been advised through local trade associations that it may be in excess of ten years before their Fire Risk Assessment will be checked. There is then massive confusion throughout the Country on this new legislation.
I hope you agree this is not a satisfactory situation especially when small business owners may be faced with possible large investment to comply with the new order.
My reason for writing then is to try and establish the interpretation the (see fire and rescue service list, below) places on the new regulations? Is it taking a pragmatic approach to each individual business and Assessment and advising on issues directly proportionate to the fire risk involved or is it applying the letter of the law and requirement that ALL 'work' seemingly required under the legislation is carried out, or at least planned for in the very near future?
I am obliged for your consideration in this matter and I look forward to an early response, which may go some way to ameliorate this unfortunate situation.
Yours faithfully
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ITEM 2
Bed and breakfast owners Fire and Rescue Services list
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Northumbria Fire and Rescue Service
Steve Richards
Verbal: 08/08/08
Pragmatic approach with 8 responsible Officers
Will be some years before each establishment is visited. (capacity issue)
Individual Risk Assessment required for each premises.
No fully hard wired Fire Alarm system required (unless there is a major risk)
BUT
do require one Smoke/Heat Detector on the landing and one in hall wired together!
Others may be required see above.
Editor Comment
Positive Officer who does not want to see people put out of business.
Talking a practical approach.
Regulation is guidance not necessarily 'the' rules.
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Gloucestershire Fire and Rescue Service
Richard Lake
email: 08/08/08
Dear Chris
Thank you for your letter dated 3rd Aug 2008. I can confirm that Gloucestershire are adopting a very pragmatic approach, where expected action is directly proportional to the actual fire risk. It is rare that we ask for all items that the guidance suggests unless of course the premises warrants it.
We have already dealt with the majority of these types of premises within our county boundary and will continue to attempt to identify the remainder as we accept that your membership want peace of mind over this issue.
I hope this response satisfies your question
Editor Comment
Positive welcome approach.
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Royal Berkshire Fire and Rescue Service
email: 21/08/08
Christopher R Glenn
Dear Chris Parkin,
Further to my e-mail message of 15 August, (a holding email received 08/08/08) 2008 on the above subject, I am pleased to advise you that I have now received a response from the relevant Department/Officer, which is reproduced below:
Royal Berkshire Fire and Rescue Authority (the service) whilst having an implicit duty imposed on the service by the RRFSO (the order) supports an approach that places reliance upon those persons deemed to have responsibilities under the order to address fire safety measures for their premises by way of a Fire Risk Assessment and therefore, deal with Fire safety matters according to their particular circumstances.
Whist the service do not as matter of course validate such Risk Assessments, if circumstances arise that leads to a form of enforcement of the order by the service, our approach is always to work with individuals and businesses in order to reach a satisfactory conclusion without the need for a more formal legal approach. In doing so, the service will always ensure that a particular level of enforcement is proportionate to the risks, the safety of relevant person exposed to such risks and individual circumstances.
Also, as an addition to the previously provided Policies relating to the RRFSO 2006, I attach a copy of our Enforcement Concordat Policy and Self-Assessment Format.
In conclusion, I would like to take this opportunity to remind you that if, at any time, you are dissatisfied with the way in which we deal with your enquiry, you can submit a Complaint using the RBFRS's Complaints Procedure which is available via our website http://www.rbfrs.co.uk/ href="http://www.rbfrs.co.uk/">www.rbfrs.co.uk . Having exhausted our Complaints Procedure, you may ultimately refer your complaint to the Information Commissioner, whose website is http://www.informationcommissioner.gov.uk/ href="http://www.informationcommissioner.gov.uk/">www.informationcommissioner.gov.uk , for final determination.
Editor Comment
Relies on Fire Risk Assessment
Legal approach last resort.
Level of enforcement commensurate with risk.
Sadly a final paragraph on their complaints procedure
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