The Regulatory Reform (Fire Safety) Order 2005
The Fire Safety Order covers the communal area of any residential flats. The fire department are usually responsible for enforcing the fire safety order. The freeholder who has control of the communal area will be responsible for doing a Fire Risk Assessment and seeing any recommendations are carried out and then charging the leaseholders (the flat owners) if they are different from the freeholder, for any works and any ongoing testing.
The EHO from the council will use the Housing Health and Safety Rating System (HHSRS) to assess the need for fire provision within individual flats that are HMO’s in their own right.
HMO legislation comes under the Housing Act 2004
The whole building may be an HMO if it’s conversion from the orginal use of the building is not up to certain standards (i.e. not purpose built from scratch). The council will also be very interested in the communal area if the whole building is an HMO.
To sum up; both Council and Fire department have powers to enforce improvements. The Fire department will only be interested in the communal area. The council usually apply HMO regs to individual flats, but will also have power in the communal area.
Whether you need to have a weekly alarm test depends on what your risk assessment recommends. If you do not follow your risk assessment recommendations and there is a fire, you could be culpable for manslaughter charges, should the worst happen. More likely is if the council have reason to be on your premises to check your records, they may insist that you comply with any shortfall they find.
The lacors guidance is used as a reference for risk assessors. I believe it recommends weekly testing for the fire alarms in the communal area in your case.
All posts in good faith, but do not rely on them
* * * * * ** * * * * * * * * * * * *
You can search the forums here:
To view links or images in signatures your post count must be 15 or greater. You currently have 0 posts.