Bed and breakfast owners Fire Order October 2006

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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Continuing the responses from England's Fire and Rescue Services on Fire Risks and Sleeping Accommodation.
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Greater Manchester Fire & Rescue Service
Mr Wilkinson
Verbal 11/08/08

Manchester are looking for compliance in line with the guidance.
So that would appear to mean a hard wired connected alarm system.
as listed here:
http://www.communities.gov.uk/documents/fire/pdf/144236.pdf
either and LD 2 or 3 depending on the establishment size.

Mr Wilkinson did advise me that it was now possible to purchase a
radio alarm system (so no cable wiring required) which was British
Standard approved and complied with BS5839-1.
(I tracked down a Company which specialises in this type of system
http://www.emsgroup.co.uk/ bit I have no idea yet prices, could be
expensive).

Editor Comment
Looking hard at the businesses Risk Assessment
Will advise on exact requirements on the strength of the Assessment.


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Shropshire Fire and Rescue Service
Andy Perry Group Manager
Letter: 11/08/08

Sleeping accommodation considered 'high risk'
Supportive in helping businesses adjust to change
Procedure are in place to ensure their (Shropshire Fire and Rescue)
actions are fair, proportionate and necessary.
Require Fire Risk Assessment to determine risk for each premises.
Suggest recording significant Assessment findings

Editor Comment
Really doesn't do a lot to answer the questions I asked
I think the worst scenario is what is inferred but
Appear to want to work with B&B Owners.

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London Fire Service
Ron Dobson
Letter 11/08/08

Letter passing on my letter to Assistant Commissioner Max Hood for a response.

Editor Comment
When it arrives that letter will replace this.

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Oxfordshire Fire & Rescue Service
Patrick Rosum
email: 13/08/08

Dear Mr Parkin,
I refer to your letter dated 3 August 08 concerning the above, address to the Chief Fire Officer, who has asked me to reply on his behalf.
Your letter comes at an opportune time, as we are awaiting the publication by Communities and Local Government (CLG) of a document on this subject, to be entitled;
Fire safety for smaller B&B's, self-catering holiday and similar accommodation
it is anticipated that this will take into consideration the special circumstances relating to the fire safety measures for these smaller types of premises that perhaps do not require the full measures detailed in the existing CLG documents.
As soon as we receive the document, we will forward a copy to you.
In the mean time, should you require any further information, please do not hesitate to contact me.

Editor Comment
An interesting development confirmed by another Service
Suggests that ALL the previous requirements may NOT be required.
I wonder what the new guidance will say?
BE ASSURED IT WILL BE HERE ON BANDBOWNER.COM WITHIN
24 HOURS OF BEING PUBLISHED

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Continuing the responses from England's Fire and Rescue Services on Fire Risks and Sleeping Accommodation.

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West Yorkshire Fire and Rescue
Nigel Charlston
letter 13/08/08

Seeking to reduce the social and economic cost of fire on the business community.
Endeavour to minimise the burden on business whilst achieving the required outcomes.
Offers help to the business community to achieve the degree of safety required.
Has a process for advising the 'competent person' of any impending action.

Editor Comment
Practical approach
Offering help
No action without process.

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Tyne and Wear Fire and Rescue Service
Paul Anderson
letter 13/08/08

Seek to work with businesses to achieve the required level of fire safety
Each case viewed individually
Balance of risk weighed which will provide action
Makes a suggestion on further advice

Editor Comment
Vague and totally non committal BUT a good
suggestion which I have followed.
We'll see what the Association of Chief Fire Officers
have to say. (now posted up, see following pages)


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Continuing the responses from England's Fire and Rescue Services on Fire Risks and Sleeping Accommodation.

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Dorset Fire and Rescue Service
P.Whittaker
letter 13/08/08

Officers required to use professional judgement when auditing Fire Risk Assessments
Guidance cannot cover every possible risk
Smaller B&B should be assessed on their levels of risk
This may prove adequate without full compliance
However do need Fire Risk Assessment and any significant findings addressed.

Editor
Says everything in four short paragraphs!
Excellent
(He'll never get a job in Government!)

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Lincolnshire Fire and Rescue Service
?
Verbal 14 August 2008

Seeking to take a practical approach to the regulations.
Each premise's Assessment will be checked and advice offered.
If warranted work may be required but it will be directly proportionate to the risk.
Offered to run a seminar on Risk Assessment for bandbowners.com
on the coastal area of Lincolnshire and advise accordingly.

Editor Comment
Approachable guy whose name I didn't catch but he is emailing me
We both learned from our conversation and I think this may be one
of the more approachable Services.

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Hereford & Worcester Fire and Rescue Service
Bill Perrins
Letter 18 August 2008

Only 3 paragraphs which advises:
Compliance with the Law.
Inspecting Officers will use their 'professional' judgement when considering application of the new order and suggest steps appropriate to the individual circumstances.
New guidance due in the Autumn

Editor Comment
A short sharp brisk approach to the issue again suggesting that the Fire Risk assessment is paramount and that it should, if done properly, highlight any issues.

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Lancashire Fire and Rescue Service
Des Lygg
Verbal 22/08/08

Long and protracted call with Mr Lygg.
Some evidence of re-inventing the 'six bed' rule when applying the new order.
A lot of time spend on issues connected with planning and building status e.g. mixed titles.
Risk assessment seems 'alien' to most operators
More (regulations) does not necessarily mean better.
Risk Assessment is key
Would welcome challenges to their suggestions.
DOES NOT WELCOME PROPOSED NEW GUIDANCE CURRENTLY IN PRODUCTION (there is enough already and it's all there in the sleeping accommodation guide)
Will visit all B&B's at some time although seasonality is an issue in some parts of the patch (Blackpool)

Editor Comment
Quite a technical call from Mr Lygg who has read all the books but who is whilst happy to advise smaller operators is also keen to enact the law. I suspect that some of this relates as mentioned to his patch which must at times be quite difficult to police. 

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Editor Comment
Short succinct call on the new order.
Are willing to help but will be looking for compliance with ALL.

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Continuing the responses from England's Fire and Rescue Services on Fire Risks and Sleeping Accommodation.

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Warwickshire Fire and Rescue Service
Richard Buxton
Letter 1908/08

Five year time frame for inspection of all B&B's
They will assess who to visit on their Risk Assessment where safety of life will be the criteria not property damage.
Escape routes very important.
Alarm system crucial
Management knowledge of procedure for protection guests.
Understand financial pressure but it cannot be a trade off with Fire Safety issues.
ALL REQUIREMENTS UNDER THE NEW ORDER SHOULD NOW BE IN PLACE.
Should not be waiting for the Fire Service to OK the Risk Assessment owners should recognise their responsibilities and have already done all the required work.
All systems including alarms and emergency lighting should comply.

Editor Comment
Comprehensive letter
suggests all should now be done by businesses to comply.
If the work has not already been done to bring the promises up to standard then it should be programmed into a work schedule.
FIRM but.....
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Hertfordshire Fire and rescue
Paul Hardy
Letter 15/08/08

Has sympathy with bandbowner.com members who have been given 'different' advice.
Risk based approach is required.
Mentions for the fist time (from any of the Services who have responded) 'incidences' of fire in B&B's (supplied by Devon & Cornwall Fire Services)
Suggests a sample may be visited rather than all B&B's. If this proves that more visits or more frequent visits are required that will be accommodated.
Mentions the forthcoming Smaller Sleeping Accommodation Fire Safety Guide.
Action Plan approach to any requirements after visit.

Editor Comment
One of the most enlightening letters I received.
Impossible to go into the details of the letter but very comprehensive response.
Suggests writing to the CLG for a national response.

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Buckinghamshire & Milton Keynes Fire Authority
Damian Smith
Letter 13/08/08

Expects Fire Risk assessment to have been carried out.
One of only tow Services to mention possible PROSECUTION!
Have invoked their own policy!
Fully 'Protected Routes' do not have to be followed when:
200 m2 or less is the buildings footprint
no more than ground and first floor
The family live in
No more than 6 guests stay overnight
Tailor each risk to each premise as each premises is different.
Will only visit as
Part of a pre-determined audit
after a fire
an unwanted fire signal
a complaint
A thematic audit.

Editor Comment
A very detailed letter stressing the importance of Fire Risk Assessment
I am not sure how the policy invoked would stand up in Court but let's hope it's never gets there. Reply was from the Chief Fire Officer.
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East Sussex Fire and Rescue Service
Peter Cox
Letter 8/08/08

Fire Risk Assessment required.
Their Integrated Fire Risk Management Plan should identify premises of high risk which will determine inspections.
The Order heralds a step change in Fire Safety thinking.
Suggests that if a 'Competent Fire Safety Professional' determines through a Fire Risk Assessment that all levels of the new Order need not be complied with it MAY be acceptable by the East Sussex Service.
Guidance notes are only a guide and are not prescriptive.
Officers from the East Sussex Service are being instructed to view each premises in the light of their assessment and if the full requirement of the law need not be applied that is acceptable.
Service attitude is based on a pragmatic approach to risk and proportionality.

Editor Comment
Practical approach
'Competent Fire Service Professional' raises some interesting thoughts.
On the whole a balanced and pragmatic approach to the issue.
A swift response, always good.

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Continuing the responses from England's Fire and Rescue Services on Fire Risks and Sleeping Accommodation.
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West Sussex Fire and Rescue Service
Trevor Pilcher
Letter 15 August 2008

Just two paragraphs!
Having said that the letter says nearly all!
Practical approach but as B&B's have had no previous Fire Safety legislation they will face a closer scrutiny in the light of the new order.
Inspection will take place after a complaint or a fire.
Advice offered.
Enforcement action will be proportionate and only after full discussion.

Editor Comment
Short, to the point and informative,
(another one who will never get a job in Government!!)

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Chief Fire Officers Association
Neil Gibbins
Letter 22/08/08
(I wrote at the suggestion of Tyne and Wear Fire and Rescue Service)

Welcomed the letter as a way of communicating with smaller accommodation providers
100 pieces of old fire legislation superseded by the New Fire Order.
Chief Fire Officers Association had big input in the new order
Fire Risk Assessment required for all business.
New guidance out in the autumn of 2008 (for consultation)
Visits to B&B owners based on the local Fire and Rescue Service's Risk Based Assessment of the premises
New legislation illustrates that time moves on and all businesses need to comply.

Editor Comment
Comprehensive letter (I expected no less)
Gave the reason for the New Order
Expressing difficulty in getting business owners to comply

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Durham Fire and Rescue Service
Alan Gibson
Letter 20/08/08

3 paragraphs only
Their web provided address for more information
Small accommodation business guidance is being reviewed.
They (Durham Fire and Rescue Service) will use new guidance and a Risk Based Assessment to determine frequency of visits to business premises.

Editor Comment
To the point but waiting for the new guidance.

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West Midlands Fire and Rescue Service
Julian Parson
Letter 20/08/08

Aware of consistency issues with enforcement
New special guidance will be used for providers and enforcers (West Midlands Fire and Rescue)
Officers will apply standards commensurate with the risk
West Midlands 'suggestions' can be challenged.

Editor Comment
Welcomes new guidance when published as gives guide to enforcement as well as compliance.
Recognises the enforcement consistency issues.

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West Midlands Fire and Rescue Service
Simon Abel
Letter 20/08/08

Apologises for the delay in responding, moving to new headquarters
Risk based NOT blanket approach to their premises audit.
Consistent approach and proportionate to the risk
Advice to business owners offered, but theirs is the need to comply.
" As an Enforcing Authority we will, however, be prepared to take whatever steps we deem necessary to ensure compliance with the legislation, this may include enforcement, prohibition and prosecution where appropriate."

Editor Comment
Practical approach
Expresses the desire to help.
But is prepared to take action if required!

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Continuing the responses from England's Fire and Rescue Services on Fire Risks and Sleeping Accommodation.
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Merseyside Fire and Rescue Service
?
Letter 13/08/08

Risk Based Assessment applied (high risk = frequent visits low risk=etc)
Using current guidance
Endeavour to minimise compliance costs especially for smaller businesses.
Individual/s and circumstances considered before any action taken.
Outlined Responsible Persons duty
Wed address for more information, national and local

Editor Comment
Long letter with some good information but set out badly.

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Hampshire Fire and Rescue Service
Mr Murray
Letter 27/08/08

Confirms B&B owners are now included in the Order
Risk Based Assessment to premises
Business owners Fire Risk Assessment used as a starting point for any more requirement/improvements.
Timetable for any remedial work agreed before any action considered.

Editor Comment
Risk based assessment used
Agree with business owner on action plan
Work will need to be done

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Cumbria Fire and Rescue Service
Ian Throneycroft
Email 3/09/08
 
Risk Based Assessment applied
Using current guidance
Endeavour to minimise compliance costs
Point out that it has been the law since October 2006 (2 years, so should now expect compliance)
Editor Comment
One of the most comprehensive letters received shown in full below,
 
.
Dear Chris,
Fire Safety Order 2005.
Cumbria County Council being the enforcing authority for the aforementioned legislation requires Cumbria Fire and Rescue Service as its agent to work within the Statutory Code of practice for Regulators.
We will audit any premises on a risk based approach. We will prioritise any properties for an audit visit where we attend fires, false alarms or receive complaints. It is worth pointing out that many of the complaints we receive regarding B and B accommodation, come from concerned guests after their stay. All of which would be treated in an open minded, even handed way.
While we have a responsibility to help maintain the local economy and would not wish to force people out of business with unduly onerous enforcement, we have a duty of care for both the users of any premises and the Fire Fighters who may be called to attend an incident.
If the Fire Safety Risk Assessment (FRA) is deemed to be suitable and sufficient, with the significant findings actioned then there will be no significant issues worthy of enforcement action. If however the FRA is not suitable or sufficient or the significant findings not acted upon then again a risk based approach will be adopted when considering any further actions. We will actively work with any Responsible Person who is making a genuine effort to comply with the requirements of the Order and maintain the safety of persons resorting to the premises, but will take into consideration the fact that the Fire Safety Order 2005 has been in force since October 2006.
Non-compliance with enforcement action and or serious (life risk) failings of the fire precautions may well lead to prosecutions.
None of the above absolves the Responsible Person in any way, and our advice to them would be that they should read the guidance and decide what if any outside assistance they may require.
Yours truly,
Ian Thorneycroft
Statutory Fire Safety.
Cumbria Fire and Rescue Service,
Service Headquarters,
Station Road,
Cumbria,
CA13 9PR.
Direct line 01900 820259
Reception 01900 822503
Fax          01900 820249

http://www.cumbria.gov.uk/

Editor Comment
The letter says it all.

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Continuing the responses from England's Fire and Rescue Services on Fire Risks and Sleeping Accommodation.
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Leicestershire Fire and Rescue Service
Rick Taylor
Letter 23/09/08

Requirement for Risk Assessment carried out by  'responsible person'
Each Authority to determine frequency of visits.
Pragmatic approach.
Risk will be the main factor in determining any work

Editor Comment
Very short letter
Suggests Government website for reference.
Very basic information in the letter.
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Bedfordshire & Luton Fire & Rescue Service
Len Allen
22/09/08

Risk based approach to audits of premises
Some details of the procedures used to carry out their audit and the paperwork used
Guidance is open to interpretation
Acknowledges publication of new guidance
Assures flexibility of approach to compliance whenever possible.

Editor Comment
Is aware that the Chief Fire Officers Association has responded
Lots of industry acronyms which is a little confusing?
Informative but delayed letter.
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Avon Fire and Rescue Service
Chris Millard
Letter 2/10/08

Opening 3 paragraphs seek to inform that everything will be proportional to the risk involved. Will take '...particular care to work with small businesses and organisations so that, where practicable, they can meet their legal obligations without unnecessary expense.'
Offers presentation from dedicated Fire Safety Offer to cover the changes in the law.
Suggests these have been well received.

Editor Comment
Will I suspect seek to apply the law including fire alarm systems but will take a pragmatic approach to enforcement and will work with the B&B provider to ensure compliance. No mention of enforcement.
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