The hot topic - Fire management in blocks of flats

The task of managing fire safety procedures and undertaking fire risk assessments in blocks of flats will usually be left to the managing agent. Notwithstanding the usual debate over the cost and reclaiming of survey fees from service charges this is in my opinion the best and safest arrangement.

For those of you that manage your own blocks or feel that you can handle fire safety management yourself there are a number of important considerations to take into account as a result of the Regulatory Reform (Fire Safety) Order 2005. These include:

As from 1st October 2006 it is a legal requirement for all properties to have a current fire risk assessment undertaken and for that fire risk assessment to be available for inspection on demand by the fire authorities. This applies to the common areas of residential apartment blocks (manned or otherwise) but does not apply to the residents private living areas.

All companies/ organisations must nominate a responsible person whose job it is to ensure that the requirements of the fire safety order are implemented. Managing agents will have appointed their own responsible person but RMCs have exactly the same obligations. Where a managing agent is used it would generally be regarded that they assume the main responsibility for fire management within the common areas. However if there is no managing agent or if the directors of the RMC refuse permission or instruct the managing agent not to proceed with certain fire safety measures within the common areas then it would be the responsible person within the RMC who would be liable for prosecution in the event of a fire-related incident.

All fire risk assessments and all work related to fire safety management (i.e. installation and maintenance of fire detection equipment) must be undertaken by competent persons. If a resident or RMC director wants to undertake the fire risk assessment themselves the responsible person must ensure they are competent and that the resultant fire risk assessment meets the legal standard and covers all aspects of fire safety to approved British Standards. If, in the event of fire, it is found that these requirements have not been met the responsible person could be prosecuted and/ or the fire insurance cover could be invalidated with the result of non payment of any consequent claim.

The fire risk assessment must be regularly reviewed and a plan of action put in place to ensure that adequate steps are taken to eliminate, or at least minimise any identified issues of fire safety.

Whilst it may seem a cost effective option for residents or directors of RMCs to undertake the fire risk assessment they should be fully aware of the legal implications of so doing.

For further information and advice on Fire Risk Assessments please contact David Foster at Eljay Health & Safety Services by e-mail at dfoster@ljsafety.co.uk or by telephone on 07720 348161.