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Regulatory Reform (Fire Safety) Reform Order 2005 Question
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Posted By Adrian Watson Article 6. — (1) of the RR(FS)O 2005 states:
"This Order does not apply in relation to —
(a)domestic premises, except to the extent mentioned in article 31(10);"
Article 31(10) states "(10) In this article, “premises” includes domestic premises other than premises consisting of or comprised in a house which is occupied as a single private dwelling and article 27 (powers of inspectors) shall be construed accordingly."
Article 31. — (1) states "If the enforcing authority is of the opinion that use of premises involves or will involve a risk to relevant persons so serious that use of the premises ought to be prohibited or restricted, the authority may serve on the responsible person or any other person mentioned in article 5(3) a notice (in this Order referred to as “a prohibition notice”)."
From this I presume that all articles other than 31 do not apply to housing stock. This means that the responsible person must ensure the premises are safe from risk of fire but no more than that. Any other opinions?
Regards Adrian LLM
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Posted By pluto Adrian,
This is a very complex area, indeed so complex that the relevant government departments have shied away from giving much definitive advice on exactly what this means.
The RRO does not apply to 'single private dwellings' (e.g terraces, semis etc) or to the private, singly occupied areas of flats but does apply to the common areas of multiply occupied residential premises such as HMO's, apartments blocks, sheltered accommodation.
It also applies to the private areas of multiply occupied private areas when there is reasonable grounds for suspecting such serious danger from fire as to make a prohibition notice necessary. At that point enforcement and all the powers of enforcers become available. Residents only really become 'relevant persons' under the RRO when they leave their appartment an enter the common areas, something they must do to escape a fire.
It gets rather more confusing in premises that are shared housing which are termed HMO's under the Housing Act but not under the RRO.
Any day now, a working party including CIEH, LACORS and CFOA will publish a protocol to help address some of these anomalies.
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Posted By Peter Leese Any day now, a working party including CIEH, LACORS and CFOA will publish a protocol to help address some of these anomalies.
Any news of this yet?
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