CONSULTATION DRAFT OF NEW GUIDANCE
INTRODUCTION
This document has been produced following consideration by a working group consisting of representatives from the tourism industry, Fire and Rescue Services and Scottish Government. It provides guidance for proprietors of small self-catering properties and bed and breakfast (B&B) properties who have duties under the Fire (Scotland) Act 2005 (Part 3). The guidance replaces previous guidance issued and is designed to help proprietors of the properties, as defined below, understand the steps that they should be taking to meet their legal obligations.
In general, Part 3 of the Act and the Fire Safety (Scotland) Regulations 2006 seek to ensure the safety of persons (whether residents, visitors, employees or others), in the event of a fire, by setting out the responsibilities of persons for fire safety. Anyone who has control to any extent of the premises will have some responsibilities for ensuring that those occupying the premises are safe from harm caused by fire.
It is acknowledged that relative to other 'sleeping risk' premises, the risk from fire to persons in well managed small B&B and self-catering premises is likely to be relatively low.
WHO IS THIS GUIDANCE FOR?
The guidance is for B&B properties and self-catering properties which:
- Are offered as accommodation for self-catering holidays, to be occupied by not more than 10 persons; or
- offer accommodation for not more than 8 bed and breakfast guests in the home of the resident operator; and
- do not have letting or guest accommodation below a ground floor or above a first floor;
- do not act as the principal residence for people in receipt of Housing Benefit; and
- do not have any storey area over 200 m 2 internal floor space (refer last clause of this section)
The guidance is not intended to cover:
- private dwellings outwith the scope of Part 3 of the Fire (Scotland) Act 2005;
- houses in multiple occupation ( HMOs), small hotels, boarding houses, hostels
- the construction of new premises, conversions, alterations or extensions to premises of an existing dwelling intended to be used for B&B or self-catering where the Building (Scotland) Regulations 2004 should be referenced. If in doubt you should contact your Local Authority Building standards dept. for further advice. The Building legislation and guidance can also be accessed at www.sbsa.gov.uk
For B&B and self catering properties outwith the scope of this guide you should refer to the "Practical fire safety guidance for medium and large premises providing sleeping accommodation" www.infoscotland.com/firelaw
WHAT DOES THE LAW REQUIRE?
Fire safety law requires any person who has control of the premises to carry out an assessment to identify risks to the safety of persons in respect of harm caused by fire in the premises. It also requires them to take any fire safety measures which are reasonable to ensure the safety of persons.
As the owner or operator you are likely to be the best person to know about the risks on your own premises and how they can be controlled. You should therefore be able to carry out the Fire Safety Risk Assessment yourself.
Guidance on the steps you should take are provided in Annex A
Your Fire and Rescue Service will not do the Fire Safety Risk Assessment but will be able to give you information and advice. They may also visit your premises and ask about your Fire Safety Risk Assessment. If they are not satisfied with the steps you have taken, they could take formal enforcement action. As an initial step however it is more likely that they will work with you to help you ensure the safety of your guests.
BENCHMARKS FOR FIRE SAFETY
The following sections describe the fire safety measures recommended to ensure the safety of occupants should a fire occur (step 3 of your Fire Safety Risk Assessment). Before you look at these benchmarks, you will want to carry out your fire safety risk assessment and take any practical steps highlighted as a result to reduce or limit the risk of a fire starting. It is for you as the proprietor to judge what practical steps to take in your individual circumstances.
These fire safety measures are generally applicable to typical situations in a well managed property. Where these measures are applied in conjunction with a risk assessment and review, the legal obligations of the operator should be met. It is not expected that a higher level of fire safety measures will be needed. The measures are considered to be appropriate for properties which have a means of escape from bedrooms via a traditional 'hall' with at least one exit (not sliding or revolving doors) directly to the outside, rather than by way of a living or kitchen area. In other cases, the risk to the safety of occupants in a fire is likely to be higher and a higher level of fire safety protection may be necessary than the measures recommended below.
BENCHMARKS FOR SELF-CATERING PROPERTY
Fire/smoke alarms
A smoke alarm(s) (powered by a 10 year battery or mains powered) should be installed in the hall (or for a 2 storey property to both ground floor hall and first floor landing), sited within 3 m maximum of a bedroom and 7 m of a kitchen and in all bedrooms, and living areas. A heat alarm or smoke alarm should be installed in the kitchen.
Alarms should be interlinked so that actuation of one causes actuation of others.
You should establish a system which ensures regular testing of the alarm(s).
If battery powered systems are used, you will want to consider installing mains powered smoke alarms permanently wired to a circuit when the lifetime of the 10 year battery is ended or when repair or redecoration work is being carried out to the property.
Doors
Doors opening onto any corridor which would be the route out in the case of a fire should be capable of holding back smoke and fire for sufficient time to maximise the chances of occupants escaping safely. Examples of suitable door types are a 4 panel moulded door or a solid pine door. The risk assessment will determine when self-closers are required to any doors. Some case study examples of risk assessments and resulting fire safety measures are given on www.infoscotland.com/firelaw of typical properties. (these case studies will be added to the website once the final guide is published. For the purposes of this consultation only, the case studies are attached to this document at Annex B)
The following is a check list which you are advised to use to help you decide if you need to repair, adjust or replace any door:
- Is the door close fitting to the frames with gaps of more than 2 mm;
- Does the door have sizeable splits, gaps or cracks? or is it warped;
- Is the door a hollow 'egg-box' type door? These doors offer very poor protection and you will want to consider replacing them.
It may be advisable to install self-closers to doors, in certain situations depending on the risk assessment.
Exit Door Locks
The final exit door should have a means of securing the door which can be operated without the use of a key. Another option would be the provision of a key in a break glass box. The occupier should be informed of the benefit of securing the door in this way.
Lighting
If a fire disrupts the normal lighting there should be sufficient illumination for occupants to find their way out of the property. Where escape route(s) do not receive adequate illumination from a street light or other external source, artificial lighting should be provided. This could be through ensuring that the hall and landing (if applicable) have one or more automatic plug-in socket lights (torch type or other) which come on if the mains supply fails.
Where artificial lighting is provided, you should establish a system which ensures that the plug-in light or other lighting is present and in working order at the commencement of each let.
Fire fighting equipment
A fire blanket should be provided in the kitchen for the occupants to use.
Emergency Fire action plan
You should prepare a plan of what action any occupier should take in the event of fire. This would include the route of escape, how to raise the alarm and how to call the Fire Service. This should be available for each party arriving at the premises. A simple notice could be fixed in an easily visible place such as the hall, and/or provided with a welcome pack. You should also ensure that the occupier is advised of basic precautions such as closing doors at night to inhibit the spread of smoke, and the need to inform the owner if any equipment develops a fault ( e.g. electrical or smoke alarm).
BENCHMARKS FOR BED AND BREAKFAST PROPERTY
Fire/smoke alarms
A smoke alarm(s) (powered by a 10 year battery or mains powered) should be installed in the hall (or for a 2 storey property to both ground floor hall and first floor landing), sited within 3 m maximum of a bedroom and 7 m of a kitchen, and in all bedrooms, and living areas. A heat alarm or smoke alarm should be installed in the kitchen (a heat alarm is usually considered less of a nuisance).
A heat detector, rather than a smoke detector, should be provided in any guest bedroom which is designated to permit smoking.
Alarms should be interlinked so that actuation of one causes actuation of others.
You should establish a system which ensures regular testing of the alarm(s).
If battery powered systems are used you will want to consider installing mains powered smoke alarms permanently wired to a circuit when the lifetime of the 10 year battery is ended or when repair or redecoration work is being carried out to the property.
Doors
Doors opening on to any corridor which would be the route out in the case of a fire should be provided with self-closing devices and be capable of holding back smoke and fire for sufficient time to maximise the chances of the occupants escaping safely.
The following is a check list which it is advised that you should use to help you decide if you need to repair, adjust or replace any door:
- Is the door close fitting to the frames with gaps of more than 2 mm?
- Does the door have sizeable splits, gaps or cracks? or is it warped;
- Is the door a hollow 'egg-box' type door? These doors offer very poor protection and you will wish to consider replacing them.
Exit Door Locks
While the premises are occupied the exit door should only be secured with a lock or fastening which can be readily opened from the inside, without the use of a key. Another option would be the provision of a key in a break glass box.
Lighting
If a fire disrupts the normal lighting there should be sufficient illumination for occupants to find their way out of the property. Where escape route(s) do not receive adequate illumination from a street light or other external source, artificial lighting must be provided. This could be through ensuring that in the hall and landing (if applicable) you have one or more automatic plug-in socket lights (torch type or other) which come on if the mains fails.
Where artificial lighting is provided, you should establish a system which ensures that the plug-in light or other lighting is present and in working order
Fire fighting equipment
A fire blanket should be provided in the kitchen for the operator to use. A dry powder fire extinguisher to the kitchen is also recommended.
Emergency Fire action plan
You should prepare a plan of what action you will take in the event of fire, including raising the alarm, ensuring all guests are evacuated and calling the Fire Service. Your Fire Safety Risk Assessment should inform this action plan. A simple notice should be displayed in a prominent place in each bedroom, so that the guests know what to do in the event of fire. You may also wish to give them any further advice, such as the regular emptying of ash trays and the use of their own portable electronic equipment when they arrive.
WHAT DO I DO IF I DON'T AGREE WITH ADVICE IF PROVIDED BY THE FIRE AND RESCUE SERVICE?
It is the responsibility of the individual Fire and Rescue Service ( FRS) to decide how it will deploy its resources to address risk to life to improve the safety of the community. The FRS may or may not contact you to discuss your Fire Safety Risk Assessment. You are also free to contact them for advice.
This guidance is issued by Scottish Ministers under section 61 (2) of the Fire (Scotland) Act 2005 as amended and FRSs are required to take into account the contents of this guide to assist in determining the advice to provide and whether enforcement action may be necessary. Should you disagree with any advice or enforcement action given to you by the FRS you can:
- Discuss this further with them to work towards an acceptable action plan in an agreed timescale. Each Service also has a complaint system you can use;
- Put your case (jointly with your FRS) to HM Chief Inspector of Fire and Rescue Authorities. HM Chief Inspector is appointed by Order in Council and is independent from individual FRS and from Scottish Government. The Inspector will give a 3 rd party independent view of your case. This is a free service and simple to use;
- In the case of a formal enforcement notice, you can lodge an appeal with the court. In this case you may wish to get legal advice.
SOURCES OF FURTHER INFORMATION
For further information visit the Fire law website www.infoscotland.com/firelaw
Here you will find general guidance plus the relevant sector specific guidance for properties to which this guidance is not suitable.
To contact your local Fire and Rescue Service look in your local phone book or check their website (see related links in the Firelaw website).
ANNEX A: HOW TO CARRY OUT A FIRE SAFETY RISK ASSESSMENT
The steps below are intended to help you through the process of carrying out an assessment of the fire risks in your property.
Step 1: Who is at risk?
Consider the numbers and capability of people who may occupy your property and who could be at risk. This includes guests, owners, any other visitors including cleaners, tradespersons etc. Make a note if particularly vulnerable persons are likely to be present such as children, elderly, or disabled persons.
Step 2: What fire hazards are there?
Think about how a fire could start on your premises and identify sources of ignition such as cooking, heaters, smoking. Do family members smoke? Are there designated bedrooms where guests are permitted to smoke? Where are electrical appliances such as tumble dryers, TVs? What is the likelihood of a deliberate fire?
Consider what could burn and act as fuel for a fire. This could include furniture, bedding, laundry, wood / kindling for open fires, rubbish, flammable liquids, solvents, chemicals or gases, cooking oil, paint, white spirit, cleaning products, aerosols, LPG, or fuels such as petrol.
Consider what could happen if a fire occurred and how quickly it could spread. The construction of the property can affect how fire can spread; it may spread faster if there are multiple layers of wallpaper, polystyrene ceiling tiles or interior wood paneling. If rubbish stored outside caught fire, could it spread to inside the property or block an exit door?
Step 3: What can you do to reduce/remove risk, what fire safety measures should be put in place?
Now that you have considered the people at risk and the hazards, you can take steps as necessary, to reduce the risk both of a fire occurring and of injury or loss of life should a fire occur. You may also wish to consider the risk of damage to your property, and any subsequent loss of business.
If ignition sources and fuel sources are reduced and are kept apart, the chances of a fire starting are low. The following lists some of the actions that are advised for dwellings as part of normal community fire safety which you should consider to reduce the risk of a fire occurring:
- Ensure good housekeeping, so that storage is in designated areas only, is orderly, refuse/ packaging is disposed of frequently and carefully, bins are secure;
- Ensure flammable materials and liquids are stored properly, away from ignition sources, electrical fuse box and meter, boilers etc. Do not store aerosols in damp areas (such as under sinks);
- Avoid the use of portable gas heaters, use only in an emergency when only butane should be used;
- Ensure that electrical and gas appliances/equipment are maintained, serviced, and kept in good working order. Clean extract equipment to kitchens;
- Replace any chip pan with a deep fat fryer with a thermostat;
- Individual heating appliances should be fixed in position and guarded;
- Ensure the electrical installation to the property is in good order, get it checked if in any doubt. Ensure correct wiring of plugs and correct fuse ratings;
- If anyone smokes ensure ashtrays are provided, emptied regularly and safely. Inspect or advise your guests to inspect smoking areas before bedtime;
- Keep halls, corridors and stairs which would be used to escape from a fire clear and hazard free and advise guests to do this also. In particular keep clear of items which can burn, or are a source of ignition such as electrical equipment, coat racks, refuse, laundry, upholstered furniture, portable heaters, or gas cylinders;
- If your property is in an area where vandalism or deliberate fires can be a problem, consider security measures to prevent entrance to the grounds of the property and access to refuse storage and storage of any flammable liquids/gases.
You should then consider what further safety measures are necessary to reduce the risk of injury or loss of life should a fire occur in your premises, for example:
- means for detecting and effectively warning occupants of a fire which occurs in any part of the premises;
- means to restrict the spread of fire and smoke from the source to other areas especially the escape route;
- means of escape which are easy to use at any time by persons who are not familiar with the premises, for example guests who have recently arrived;
- means for fighting a small fire such as a fire in a waste bin or in a cooking pan.
Guidance on what is expected in these areas is provided in the section: "BENCHMARKS FOR FIRE SAFETY".
In a B&B, you should regularly carry out a rehearsal "fire drill" when no guests are present to ensure that everyone is aware of their role in a fire. When doing so, think about how you would deal with guests with any special needs or vulnerabilities
Step 4: Record: It is a good idea to keep a written record of your Fire Safety Risk Assessment. This will make it easier for you to review your assessment and it will also be easier to demonstrate that you have carried out an assessment. You should also record the arrangements for reviewing your Fire Safety Risk Assessment, your Emergency Fire Action plan and the maintenance arrangements for fire safety measures.
Step 5 : Review: You need to regularly review your Fire Safety Risk Assessment. Is there anything that has altered the risk and means you need to consider again the fire safety measures you have in place? For example are you doing building work, maintenance or decorative work? Do you have a different range of guests such as more elderly or disabled?
ANNEX B: CASE STUDY EXAMPLES FOR SELF-CATERING PROPERTIES
The following 3 typical risk assessments are provided to assist operators of self-catering premises of different sizes and levels of risk. A property description alone will however never fully describe the risk in a particular property; therefore measures required in any individual situation could vary from that suggested.
[These examples have been prepared in outline only for the public consultation. The intention is to work these examples up in full with scale plans of the properties (subject to views in the consultation), for publication on the Firelaw website at the same time as the new guidance is published. Floor plans will provide a clearer indication of travel distances and layout for ease of escape.]
EXAMPLE 1: small single storey low risk property max 4 persons
2 bedrooms, 1 kitchen/living/ dining open plan, 1 bathroom, hall.
1 exit from hall, open-out patio door to living/kitchen/dining area, openable windows to bedrooms
1. Who is at risk?
Maximum 4 persons, 90% of guests are family groups with children or one couple, 10% adult couples/groups, 10% elderly, 5% some health issue or disability
2. What fire hazards are there?
One electric cooker, recent electric storage heating, no smoking permitted, rural area low risk of deliberate fire raising, recent electrics (post 1990), no open fires, modern firesafe furniture, cleaning materials in kitchen cupboard (no aerosols or flammable liquids), recently (post 1990) constructed property with plasterboard painted walls, carpet and laminate flooring, rubbish stored outside in wheelie bin well away from exits or windows
3. Reducing risk and FIRE SAFETY measures recommended
All relevant measures to reduce risk in accordance with ANNEX A step 3 are taken
10 year interlinked smoke detectors (battery or mains) one to each bedroom, 1 to living/kitchen/dining area, 1 to hall; well fitting internal doors, exit door which can be secured without a key, plug in socket light to hall, fire blanket to kitchen, action plan and notice available
EXAMPLE 2: medium single storey low risk property max 6 persons
Three bedrooms, 1 kitchen/ dining open plan, 1 living area, 1 bathroom, 1 wc/cloaks, hall.1 exit from hall, 1 from kitchen/dining, open-out patio door to living area, openable windows to bedrooms
1. Who is at risk?
Maximum 6 persons, 70% of guests are family groups with children, 30% adult groups, 10% elderly, 5% some health issue or disability
2. What fire hazards are there?
One electric cooker, recent electric storage heating, no smoking permitted, rural area low risk of deliberate fire raising, recent electrics (post 1990), no open fires, modern firesafe furniture, cleaning materials in kitchen cupboard (no aerosols or flammable liquids), recently (post 1990) constructed property with plasterboard painted walls, carpet and laminate flooring, rubbish stored outside in wheelie bin well away from exits or windows
3. Reducing risk and FIRE SAFETY measures recommended
All relevant measures to reduce risk in accordance with ANNEX A step 3 are taken
10 year interlinked smoke detectors (battery or mains)one to each bedroom, 1 to living area, 1 detector to kitchen/dining (a heat detector may be preferred), 1 to hall; well fitting internal doors, exit door which can be secured without a key, plug in socket light to hall, fire blanket to kitchen, action plan and notice available
EXAMPLE 2a: The same property 2 storey high risk ( i.e. open fires, old property, older electrics, fully carpeted,..) step 3: self-closers advised to doors
EXAMPLE 3: large 2 storey low risk property max 9 persons
First floor: 4 bedrooms (3x 2 person, 1x 3 person),2 bathrooms, landing
Ground floor: 1 kitchen, 1 dining room, 1 living area, 1 wc/cloaks, hall.
1 exit from hall, 1 from kitchen, open-out patio door to living area, openable windows to bedrooms
1. Who is at risk?
Maximum 9 persons, 60% of guests are one or more family groups with children, 40% adult groups, 10% elderly, 5% some health issue or disability
2. What fire hazards are there?
One electric cooker, recent oil fired central heating, no smoking permitted, rural area low risk of deliberate fire raising, recent electrics(post 1990), no open fires, modern firesafe furniture, cleaning materials in kitchen cupboard (no aerosols or flammable liquids), recently (post 1990) constructed property with plasterboard painted walls, carpet and laminate flooring, rubbish stored outside in wheelie bin well away from exits or windows
3. Reducing risk and FIRE SAFETY measures recommended
All relevant measures to reduce risk in accordance with ANNEX A step 3 are taken
10 year interlinked smoke detectors (battery or mains) one to each bedroom, 1 to living area, 1 to Dining area, 1 to kitchen (heat detector recommended), 1 to hall, 1 to landing; well fitting internal doors with concealed self-closers (to all doors to hall or landing), exit door which can be secured without a key, plug in socket light to hall and landing, fire blanket to kitchen, action plan and notice available.