Scottish Government

Covering Letter

To Interested Parties
26 November 2009

Dear Sir/Madam

Consultation on new fire safety guidance for small bed and breakfast and self-catering accommodation.

I am writing to invite comments and views on the enclosed draft fire safety guidance for small bed and breakfast and self-catering accommodation.

Prior to October 2006, fire certificates were required for hotels and boarding houses providing sleeping accommodation for more than 6 persons (staff or guests), or any above the 1st floor or below ground floor. If the business had employees, then the employer was obliged to comply with the Fire Precautions (Workplace) Regulations (regardless of whether or not they had a fire certificate). Under the previous legislation owners of many self-catering accommodation available for rent and smaller B&Bs were not required to comply with specific fire safety legislation.

In October 2006, Part three of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006 were brought into effect, creating new responsibilities for the owners of small B&Bs and self-catering properties.

Fire (Scotland) Act 2005 and 'small guide'

From the introduction in October 2006 of Part 3 of the Fire (Scotland) Act 2005, businesses which provide sleeping accommodation have been required to comply with a risk based fire safety regime. Under the legislation, anyone with control to any extent of the premises (such as the owner or manager of a B&B or self catering accommodation) must undertake a fire safety risk assessment of the premises, and take reasonable steps to prevent fire and put in place fire safety measures. The fundamental principle of the risk-based assessment regime is that any action taken should be proportionate to the assessed fire risk.

To help owners understand their new responsibilities and to provide a basis for enforcement action by Fire and Rescue Services ( FRSs), the Practical Fire Safety Guidance for Small Premises Providing Sleeping Accommodation' (small guide) was issued in October 2007 FRSs then, depending on the priorities for inspection based on risk in their particular area, began a process of inspection visits.

During late 2008 concerns were raised with Ministers about the enforcement of the new legal duties. The concerns suggested that the small guide was resulting in expensive and unnecessary fire safety measures being put in place which were not proportionate to the risks. There was a view that some of the smaller proprietors might cease operating as a result.

Whilst Ministers were keen to be assured that risks facing paying guests in such accommodation were well controlled, they also recognised the valuable contribution that the proprietors make to local economies and to the wider economic aims of Scottish Government, particularly in the year of Homecoming. Ministers therefore agreed that the guidance for small B&B and self-catering properties would be withdrawn. Guidance for larger properties remains in force.

In December 2008, the Minister for Community Safety announced that a working group, including tourism industry representatives, would be convened to produce new guidance, which would then be subject to full consultation. The working group first met in April 2009 and held its last meeting in October.

The consultation package includes:

The consultation letter;

The consultation paper;

The draft fire safety guidance document,

A Respondee Information Form.

These documents can also be viewed on the Scottish Government's website at http://www.scotland.gov.uk/consultations.

If you are aware of other organisations, businesses or individuals who you think should be consulted, please feel free to copy this consultation to them, or inform us of the omission.

Comments on the paper should be sent to the following address by 18 February 2010.

G Fraser