The Fire Safety Bill 2020
On Thursday 19 March 2020, the UK Government introduced theFire Safety Bill (FSB), which seeks to make changes to the Regulatory Reform(Fire Safety) Order 2005. These changes affect all managed residential blocks locatedin Great Britain (aside from Scotland, which has its own Fire SafetyLegislation) of any size that are classed as sleeping accommodation; blocks offlats, student accommodation, hotels, hostels and any other property where thebuildings main use includes sleeping.
Whilst not a huge amount has changed, the FSB will clear upany ambiguity in responsibility and some duty holders will likely need toreview the way they manage this. Changes of note include:
- Residents Fire Doors
Historically, many Property Professionals have taken theview that, because non-communal doors were outside of their usual remit ofcontrol and maintenance obligations, that they then could not manage orinfluence the adequacy of the doors’ fire integrity. This had left ensuring theFire integrity of residential escape routes as a whole being a particularlydifficult task to achieve and, with no clear legal obligation, manyLeaseholders were free to contest paying for any necessary inspection regime orremedial works.
Once this Bill has passed, Freeholders, RMC’s and theiragents will have a clear legal obligation to ensure that the residents’entrance doors are suitable and sufficient in preventing the spread of smokeand flames.
They will then need to ensure that all Leaseholders’ firedoors leading onto escape routes are, and remain, sufficiently Fire Rated andthis is something that can only be achieved through regular inspection. It isimportant to note that, when the Bill is passed, you can no longer satisfy yourlegal obligation by simply asking for residents to inspect their own doors andreport back any problems. As a duty holder, you must now ensure this to bethe case and this means holding your own records of routine inspections andacting accordingly on any remedial actions.
When inspecting Residents Entrance Doors, or any Fire Doors,it is important to select a good, competent Fire RiskAssessor with an understanding of Passive Fire Protection.
The frequency of completing such inspections is, at present,anticipated to be defined within guidance and there has been some suggestionthat this may be at least quarterly. We will know for certain in the nearfuture. In the interim you must ask yourself; how frequently should you inspectresidents’ doors that will leave you feeling comfortable that you have done allthat you reasonably can do to have ensured their adequacy?
- External Structure: Cladding, Balconies &Windows
Until the Grenfell Tower tragedy, the external structure ofa building- particularly the cladding, was seldom considered as a significantrisk on the basis that building control measures were assumed to be adequateenough not to allow combustible materials to be affixed to the outside of anybuilding.
This assumption was proven incorrect for reasons that are stillbeing investigated.
The introduction of the Fire Safety Bill 2020 means thatFreeholders and their Managing Agents will now have a duty to ensure anyexternal wall system on their properties, or anything affixed to the building(such as balconies), will not promote the spread of Fire, regardless ofbuilding height.
For relatively new, or well documented buildings, this couldbe a simple process of reviewing construction information and completing a spotcheck to be sure it was installed as per this documentation. For otherbuildings with no historical data, it may require an intrusive survey in orderto check the materials for combustibility and the adequacy of theirinstallation.
If you require further advice or guidance on fire door inspections or cladding, balconies & windows, please get in touch with our expert safety team who will be happy to assist. Furthermore. you can find additional information regarding the Government’s Cladding Remediation fund and whether you’re eligible for funding, here.