Circle Housing offers greater opportunities for independent, affordable and secure living to people in housing need.

Transcription

1 Fire Safety Circle Housing offers greater opportunities for independent, affordable and secure living to people in housing need. 1 Scope 1 Scope: Regions Centra Living Centra Care & Support Registered Providers 2 Applies to: General Needs Supported Housing Sheltered Housing Other Rented Housing owned by Circle Housing Leasehold/Shared Ownership Homes Temporary Accommodation Communal Areas, including those related to Leasehold/ Shared Ownership properties Commercial Property Other Rented Housing managed on behalf of third party Remote Plant Curtilage Garages and Outbuildings Definition of Terms 1.1 In this policy, tenants and leaseholders are those who have signed the tenancy or agreement. They will usually be responsible for the actions of the occupants in their homes. 1.2 Where the term residents is used, this refers not only to tenants and leaseholders, but also to all occupants of a tenant s or leaseholder s household. 1.3 Leaseholder for the purpose of this policy includes leaseholders and shared owners. The lease agreement will always take precedent over this policy unless there is an overriding legal or regulatory requirement. Fire Safety: August 2014 Page 1 of 14

2 2 Policy Statement 2.1 As owners and managers of homes, we have a duty of care to ensure that residents and visitors can use the relevant buildings and facilities safely. This extends to taking all reasonable steps to mitigate any risks associated with fire in domestic properties. 2.2 Keeping residents safe from harm is paramount. There is legislation and regulation relevant to fire safety which we will comply with, as set out in Appendix One. Our wider organisational commitment to health and safety is set out in Circle Housing s Health and Safety policy. 2.3 If premises have been designed and built in line with modern building regulations and are being used in line with those regulations, structural fire precautions should be acceptable. However, a fire risk assessment must still be carried out and all fire precautions and maintenance routines continued, as set out in the policy, procedures and guidance which we comply with. 2.4 We acknowledge and accept our responsibilities under the Regulatory Reform (Fire Safety) Order 2005 to ensure that our buildings are safe to live in, are assessed at least annually for Fire Risk and are properly managed to the highest standards. Guidance information published by Department for Communities and Local Government (CLG), (Local Authorities Coordinators of Regulatory Services) (LACORS) and the Local Government Association (LGA) shall be taken as the adopted standards. Policy Aims and Objectives 3 Governance provide clear lines of responsibility within Circle Housing for the management of fire safety specify individual responsibilities in the management of fire safety clarify the approach to Fire Risk Assessments clarify the method of reviewing and monitoring fire safety compliance. Statutory Responsibility 3.1 The landlord, as owner of the premises, is responsible for compliance with all statutory health and safety requirements regarding fire. This landlord responsibility cannot be delegated and rests with each RP, even where management of the property is being carried out by a third party. 3.2 This is because under legislation, the legal person or entity that has control of the premises for the purposes of a business or undertaking (such as social housing) is ultimately responsible for fire safety. In law they are known as the Responsible Person. 3.3 At Circle Housing, the Responsible Person the legal entity that fits this definition as owner of the premises is the Registered Provider. Each Registered Provider (RP) within Fire Safety: August 2014 Page 2 of 14

3 Circle Housing is the Responsible Person, with ultimate responsibility for fire safety in their properties. 3.4 It is therefore the role of the RP Board, as the landlord governing body, to proactively seek evidenced assurance that all health and safety legislation relating to fire is being complied with, that the risks associated with fire are identified and managed and that a proper controls and assurance framework is in place. Regulatory Responsibility 3.5 The Social Housing Regulator s primary principle is co-regulation. This recognises that boards are responsible for their organisation s compliance with regulatory standards. 3.6 Under consumer regulation, the Home Standard requires that providers meet all applicable statutory requirements that provide for the health and safety of the occupants in their homes. 3.7 The RP Board is therefore responsible and accountable for ensuring their business meets this standard. Transparency and Scrutiny 3.8 The RP Board will receive regular management reports on compliance with all fire safety requirements. It is the role of the RP Board to properly interrogate and scrutinise reporting and offer a sufficient level of challenge to information provided, in order to arrive at assurance. 3.9 By the same token, officers who report to boards have a duty of transparency to disclose issues which may impact on the board s ability to adequately assess assurance Because this is such a high-risk area, we will carry out an external audit every two years as a minimum. This is supported by internal audit of fire safety. Escalation 3.11 Where a board has concerns about significant issues in any area of compliance with fire safety policies and procedures, they must escalate these to the Chief Compliance Officer in a timely and transparent manner. This post is independently appointed by the Group Risk and Audit Committee. Management and Hierarchy of Control 3.12 To ensure that the Fire Safety policy, procedures and guidance are adhered to, suitably experienced and senior personnel from the Technical Operations Team (Tech Ops) will be appointed to oversee their effective implementation and review. These officers will lead centrally on asset related health and safety and support Partners and regional property teams to deliver the actions required to keep our customers, homes, staff and contractors safe. These officers will receive training appropriate to their duties. Fire Safety: August 2014 Page 3 of 14

4 3.13 While the key role played by the Director of Property Services for each region is expressed below, the full range of these organisational roles and responsibilities is detailed within the Fire Safety procedures. Delegation of Responsible Person Duties 3.14 The performance of the Responsible Person duties is delegated to the Director of Property Services in each region. This officer is responsible for ensuring that the Fire Safety policy, procedures and guidance are carried out in their region. These duties include conducting fire risk assessments as appropriate of all accommodation we own, manage or occupy, to identify the risks to which residents are exposed and taking appropriate measures to minimise the risk to life and property from fire. The full range of duties is set out in within this policy. The Director of Property Services will appoint a suitably competent person in their absence In the central region of Circle Housing, the performance of the Responsible Person duties is delegated to the Regional Director for Planned Works. Agency-Managed Properties 3.16 Where we own properties that are not managed within Circle Housing, the RP who owns that property remains the Responsible Person for fire safety. The only exception to this is where it is explicitly specified as otherwise in the lease Where Centra Living or Centra Care & Support is the managing agent of Circle Housing s properties, the RP who owns those properties is the Responsible Person Where we manage properties which are not owned by a Circle Housing partner, the Responsible Person is set out in the terms of the management agreement. If we are not the Responsible Person, we still have responsibility to seek assurance that the Responsible Person for that property is meeting all legislative requirements Where we own a property on a full repairing lease, the owning RP remains the Responsible Person for that property, unless specified otherwise by the lease. However, the lessee retains responsibility for maintenance and safety under the terms of their lease and is legally responsible for fire safety in relation to all matters under their control. Circle Housing has responsibility to seek assurance that the lessee is meeting all statutory requirements. Staff Responsibilities 3.20 All staff should look out for danger signs and fire hazards, such as damaged fire protection equipment and blocked exits. Any concerns must be reported immediately to the regional property team The mandatory health and safety e-learning module contains more information on spotting danger signs and hazards. Fire Safety: August 2014 Page 4 of 14

5 4 Our Fire Safety Commitments 4.1 As a minimum, we will ensure that: We are compliant with the requirements of the Regulatory Reform (Fire Safety) Order 2005 (RRFSO). This includes carrying out, updating and regularly reviewing fire risk assessments of all relevant accommodation we own, manage or occupy, to identify the risks to which residents are exposed and take appropriate measures to minimise the risk to life and property from fire. This also includes the creation and implementation of management plans. We have positive working relationships with local fire authorities and local housing authorities, including complying with any orders they issue in writing and seeking advice as to the severity of the risks identified. It is recommended that the nominated person should meet with the local fire authority representative as and when required. General precautions are taken, including carrying out planned programmes of work in all of our properties to install mains wired fire detectors over a reasonable period of time. Stock condition surveys are carried out on all our properties including a Housing Health & Safety Rating System (HHSRS) assessment of fire risks, and take action to rectify identified hazards. So far as it is within our control, we give effect to appropriate arrangements for the effective planning, organisation, control, monitoring and review of fire prevention and protective measures, including (where appropriate) property specific evacuation plans, taking account of the particular needs of residents including those with disabilities. We have accurate recording-keeping which we will share with the local fire authority, as appropriate. All shared and supported housing properties and all communal areas are appropriately equipped with fire protection equipment and emergency lighting, fire doors, and safety signs, as advised by a fire risk assessment. Evacuation plans are tested by carrying out a practice evacuation annually in sheltered and supported schemes (or more frequently if judged necessary), and whenever the evacuation plan changes. All staff receive training appropriate to their duties under the RRFSO and those with delegated responsibility for fire safety receive training on their roles and responsibilities. Fire Safety: August 2014 Page 5 of 14

6 5 General Precautions 5.1 All dwellings owned by us (excluding leasehold and shared ownership) will have mains operated fire detection systems installed as part of tailored planned improvement programmes, void improvement works or cyclical maintenance contracts such as electrical testing. 5.2 Where it is deemed appropriate in the recommendations of site-specific Fire Risk Assessments, communal areas will also be fitted with mains operated fire detection systems. 5.3 Maintenance of these systems will be carried out annually or in accordance with manufacturers instructions. Where works are refused by the resident, we will treat the situation sensitively but will be clear that the work must be completed to ensure the health and safety and others in the property. See Accessing Customer Properties policy. 5.4 We will respond appropriately to meet the needs of residents who inform us they have a disability such as a hearing impairment, and install appropriate equipment to ensure they are alerted in the event of a fire. 5.5 In addition, all residential properties (including mutual exchanges) will receive: an annual gas and heating installations safety check, thereby reducing the risk of fire from gas faults (see Gas Safety policy) a ten-yearly electrical safety test in general needs accommodation and fiveyearly electrical safety tests in sheltered and supported schemes, thereby reducing the risk of fire from faulty electrical systems (see Electrical Safety policy) where a property is re-let, there will be an additional gas safety check and electrical safety test. 5.6 In all residential properties where portable electrical appliances (such as vacuum cleaners or toasters) are provided, regular checks and testing will be carried out in line with the Portable Appliance Testing procedure, located in the Electrical Safety policy. 5.7 In all residential properties where furniture is provided, whether in common areas or as part of a furnished tenancy, furniture will be fire retardant in compliance with the Furniture and Furnishings (Fire Safety) Regulations Fire Risk Assessments 6.1 The RRFSO replaces all previous legislation about fire safety, which includes a requirement for fire risk assessments to be carried out on relevant properties. See Procedures. Fire Safety: August 2014 Page 6 of 14

7 6.2 Written fire risk assessments will be provided for all accommodation owned, managed or occupied by us, including: all supported and sheltered accommodation, and common parts of other tenures. 6.3 The RRFSO is not prescriptive and does not define how often fire risk assessments should be reviewed. However, as a minimum, we will review fire risk assessments no matter what the risk category is: annually following a fire, near miss or threat of arson following any changes which may impact upon fire risks (for example, a resident becomes disabled or a new disabled resident joins a scheme) whenever there has been any structural or material changes to the building or its use. 6.4 The above circumstances may prompt a new fire risk assessment not just a review. See Procedures for more information. 6.5 We will also carry out reviews or renewals of fire risk assessments as outlined in the table below. Risk Level Example of Property Type Review of existing FRA New FRA Low Risk Modern, low-rise block (e.g. a block of no more than three storeys above ground, built within the last 20 years) Annual Every 4 years Medium Risk Converted street property but not HMO; older low-rise blocks (e.g. a block of no more than three storeys above ground and older than 20 years) Annual Every 3 years High Risk Sheltered and supported housing, HMO and any block over four storeys in height Annual Every 2 years *in very high risk cases, new annual fire risk assessments may be appropriate Fire Safety: August 2014 Page 7 of 14

8 Risk Grading 6.6 As set out above, some properties have a greater risk than others, and the risk assessment programme will take this into account. 6.7 However, occupancy and building use are also essential factors which need to be taken into account in the risk grading of a property. These include but are not limited to: how able residents are to respond to emergency situations smoking whether there is stored oxygen or any other flammable substance such as paraffin or camping gas kept in or around the properties (where known). 6.8 Where one or more of these factors is identified in any of the above properties, or another factor is identified which affects the risk of the building, it may be necessary to upgrade the risk level or downgrade the cause. Should the fire risk assessor think this is necessary, this should be taken into account when making the decision. 7 Stay Put Policy 7.1 A Stay Put policy is a policy that is implemented in certain premises where the evacuation of residents may pose a high risk during a fire. Therefore, the risk assessment process may allow for these residents to stay put in their rooms/homes in the early stages of fire fighting operations. 7.2 A Stay Put policy may be introduced at a particular locality providing that a full fire risk assessment has been completed on the building (and in certain properties, individual premises within that building) and that the author of the fire risk assessment is satisfied that a Stay Put policy can be introduced. This must be stated in writing in the fire risk assessment. 7.3 Where the author of the fire risk assessment states that a Stay Put policy can be introduced, providing that certain remedial works identified in the report are implemented, then a Stay Put policy must not be introduced until those remedial works are fully completed to the satisfaction of the fire risk assessor or other competent person. However, in consultation with and the direction of the relevant Fire Authority, a Stay Put policy can be retained or introduced in exceptional circumstances. 7.4 Any properties without a Stay Put policy will be evacuated on operation of any fire warning, which may include a verbal alarm. 7.5 In some cases where a Stay Put policy has been recommended at a particular block but it is difficult to decide whether it should be implemented, the final decision should be made by the Regional Director of Property Services. However, this should be in consultation with those who have the professional and local knowledge of the property, including the fire risk assessor and the scheme manager where appropriate. Fire Safety: August 2014 Page 8 of 14

9 7.6 Where a Stay Put policy has been introduced, this must be communicated clearly with the residents and their representatives to ensure they comply with this advice in the event of an emergency. See Fire Safety Procedure. 8 Resident Responsibilities 8.1 We will publicise the importance of fire safety to all residents, regardless of tenure, but generally, the responsibility for safety in all individual private domestic properties that are not sheltered or supported housing falls on the individual, rather than on us, including carrying out regular tests of their individual fire detection system. 8.2 We are responsible for fire safety in supported and sheltered housing properties, and for communal areas in all tenures. However, sheltered and supported residents must ensure they behave responsibly and follow all the below points ( ) that other residents are expected to. 8.3 The actions of residents may affect the fire safety of a building. Some residents will have stored oxygen in their properties for medical reasons. Oxygen aids combustion, therefore sources of heat or open flames in the vicinity should be minimised. It is the responsibility of the tenant or leaseholder to inform us of the presence of oxygen equipment in their property. 8.4 Where we are aware that oxygen is stored at the property and where a tenant or leaseholder has not already done so, we will notify the relevant fire authority of the presence of stored oxygen. Where appropriate, stickers or signs posting a warning against smoking or other high-risk activities in the area can be used. 8.5 Residents goods left in communal areas can be a source of ignition and support combustion, as well as potentially blocking escape routes. For this reason, storage of goods in communal areas is not allowed without our express permission and we will take action to remove items that are left in them. 8.6 Barbeques (including gas barbeques) are considered to be open fires and, in accordance with Fire Brigade advice, are not permitted in any of our properties including any balcony areas, which are extensions of properties. Barbeques pose an unacceptable fire risk when used on balconies because they easily burn out of control and cause combustible materials in the area to ignite, which can spread inside the property. Using a barbeque in an enclosed space may also pose a risk of carbon monoxide poisoning. 8.7 Tenants and leaseholders should not fit metal security gates to their homes without seeking permission from us first. As gates of this type can often hinder entry to and exit from the premises for purposes of evacuation and fire fighting, permission will not normally be given for these to be fitted. 8.8 Where tenants and leaseholders have already fitted metal security gates and these have been identified as an unacceptable fire risk in the fire risk assessment, we will request for them to be removed. If necessary, we will take action in line with the tenancy agreement/ lease to ensure they are removed. Fire Safety: August 2014 Page 9 of 14

10 8.9 We will not permit exceptions to the application of the above policies and where a tenant or leaseholder refuses to comply, will consider taking enforcement action in line with the tenancy agreement/ lease. 9 Audit, Compliance and Review 9.1 Because this is such a high-risk area, we will carry out an external audit every two years as a minimum. We monitor and test compliance with procedures. 9.2 We will manage compliance and keep accurate records. 9.3 The Contracts Manager (Statutory) has responsibility to ensure that contractors are compliant with all relevant health and safety legislation in their region. 9.4 Annual reviews of contractor health and safety procedures as well as regular review of contractor compliance and performance will be carried out. 9.5 This policy is reviewed biennially, validated externally and updated whenever legislation or regulation changes. 9.6 We will retain written records of the risk assessment for at least five years or until one year after a new assessment has been completed and any fire precautions put in place to address the risks identified. 9.7 We expect all of our contractors to behave and operate in line with our Contractor Code of Conduct. 9.8 Quality of works undertaken by contractors is generally assessed in three ways: Assessment of a percentage of works by a suitably experienced and qualified officer at the relevant provider or its nominated consultant Self assessment and quality assurance by the contractor Resident feedback and satisfaction surveys. 10 Diversity and Inclusion 10.1 At Circle Housing, we have adopted equality, diversity and inclusion as core values and place all our policies in the context of the following objectives: ensuring that all our residents and staff are treated with dignity and respect ensuring that the opportunities we provide for learning, personal development and employment are made available on a non-discriminatory basis providing a safe, supportive and welcoming environment for staff, residents and visitors 10.2 We seek to be a genuinely inclusive organisation and our aim is to integrate equality and diversity in all aspects of our day-to-day activity. Fire Safety: August 2014 Page 10 of 14

11 10.3 We are committed to supporting residents and staff access information in a way that suits individual needs. Please get in touch with your local office to discuss this We welcome text relay calls. Residents should dial first and then the number that they require. Fire Safety: August 2014 Page 11 of 14

12 Appendix One Circle Housing complies with the following: Legislation and Regulation Regulatory Reform (Fire Safety) Order 2005 (referred to as the RRFSO) which introduced the current system of people centred risk assessment of properties. Housing Act 2004 which introduced the Housing Health and Safety Rating System (HHSRS) and the Housing Health and Safety Rating System Regulations 2005 which set out the associated scoring system. Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002 which regulates the storage and use of flammable materials. Furniture and Furnishings (Fire Safety) Regulations 1988 which set standards of fire resistance for furniture and furnishings provided by a landlord. Smoke Detectors Act 1991 which required all new build properties to include hard wired smoke alarms. Gas Safety (Installation and Use) Regulations 1998 (our compliance with this is set out in our Gas Safety (Heating Installations) policy and procedure). Electrical Equipment (Safety) Regulations 1994 (our compliance with this is set out in our Electrical Safety policy and procedure). Landlord and Tenant Act 1985 (as amended), including consultation with leaseholders about Major works and service charge increases incurring a charge of over the established threshold. Equality Act 2010 Building Regulations 2006 Approved Document B (Fire safety) Volume 1: Dwelling houses, and all relevant British Standards. Circle Housing also follows: Guidance CLG Guidance for Landlords and Property Related Professionals on the Housing Health and Safety Rating System CLG Guidance on fire safety risk assessments in: Sleeping Accommodation Residential Care premises CLG Guidance on Means of Escape for Disabled People LGR Guidance on fire safety provisions for certain types of existing housing. LACORS Housing Fire Safety Guide Local Government Group Fire Safety in Purpose-Built Blocks of Flats Fire Safety: August 2014 Page 12 of 14

13 Glossary Term British Approvals for Fire Equipment (BAFE) CLG Competent Person Dry risers FRA HHSRS Houses in Multiple Occupation (HMOs) HSE LACORS LGA LGR Registered Provider (RP) Regulator s Home Standard Remote Plant Definition BAFE is a non-profit making organisation dedicated to improving standards in fire protection. BAFE adopts third party Certification schemes developed by independent certifications bodies and where there are not relevant schemes in place, develops its own. Communities and Local Government is the government department that sets policy on local government, housing, urban regeneration, planning and fire and rescue. A competent person is someone who has sufficient training and experience or knowledge and other qualities that allow them to assist an organisation meet the requirements of health and safety law. A dry riser is a main vertical pipe intended to distribute water to multiple levels of a building or structure as a component of the fire suppression systems. The pipe is maintained empty of water. The dry riser is related to a wet riser or wet standpipe system where the pipes are kept full of water for automatic operation. Fire Risk Assessment. The responsible person you must carry out and regularly review a fire risk assessment of the premises. This will identify what you need to do to prevent fire and keep people safe. The Housing Health and Safety Rating System (HHSRS) is the risk assessment procedure for residential properties. The Housing Act 2004 sets out in detail what constitutes an HMO. An HMO is any building or part of a building which is occupied by more than one household and in which more than one household shares an amenity. Health and Safety Executive - HSE is the national independent watchdog for work-related health, safety and illness. Local Authorities Coordinators of Regulatory Services (LACORS) is the body which co-ordinates local authority regulators. Local Government Association, a politically-led, cross-party organisation that works on behalf of councils. Local Government Regulation is the local government central body responsible for overseeing local authority regulatory and related services in the UK. Registered social landlord" (RSL) is the technical name for social landlords that in England were formerly registered with the Housing Corporation, or in Wales with the Welsh Government. From 2010, associations were termed "Registered Providers" under the Housing and Regeneration Act 2008, irrespective of status (private, public, for-profit or not-for-profit). A standard in the Regulatory Framework for Social Housing in England. This term refers to pumping stations and water treatment facilities which, in some locations, are not located within a defined site. For example, where the plant is located on privately owned land adjacent or nearby to the dwellings they serve or within the gardens of properties which we no longer own but have Fire Safety: August 2014 Page 13 of 14

14 RRFSO Stay Put Policy rights of access for maintenance. It also refers to a combined heat and power or bio-fuel district system, which may not necessarily be attached to a scheme or building but housed within its own building/compound on an estate or site. Regulatory Reform (Fire Safety) Order 2005 which replaces all previous fire safety legislation In certain premises where the evacuation of the residents may pose a high risk during a fire, the risk assessment process may allow for these resident to stay put in their rooms/homes in the early stages of fire fighting operations Fire Safety: August 2014 Page 14 of 14