Fire is one of the 29 prescribed housing related hazards which are assessed using the Housing Health and Safety Rating System (HHSRS), which is the system for assessing the condition of residential premises and for enforcing housing standards in such premises under the Housing Act 2004.
The Council has regard to the LACORS document housing - fire safety, guidance on fire safety provisions for certain types of existing housing when determining the type of fire detection system to be installed to ensure that the property is provided with a safe means of escape in the event of fire.
Latest British Standards were revised in May 2019 to BS 5839:6 2019. While there have been some changes to fire alarm Grades and Categories, many of the fundamental concepts relative to the LACORS guide remain the same.
The changes for 2019 include new Grades covering the different types of alarm system, with Grade C being redefined, Grade D being replaced by D1 and D2. Grade F is replaced by F1 and F2, but these relate to battery powered detection only.
Mandatory HMO
Legal requirement to ensure that there are no Category 1 or significant Category 2 fire hazards in the HMO that present a risk to the health and safety of the occupiers of, and any visitors to the property.
The following are summaries of the likely requirements for two and three storey HMOs. Please note additional works may be identified when the property is inspected.
Three Storey (Or Above)Bedsit HMO With Shared Cooking Facilities. Detection: Grade A, LD2
The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6: 2019. The minimum requirement is a Grade A, LD2 system. Grade A, LD2 systems are required in all HMO properties which have three or more storeys including basements.
Grade A: a fire detection and alarm system that is designed and installed in accordance with the recommendations of the BS 5839-6: 2019 and which comprises a system of electrically operated smoke and/or Heat detectors which are linked to a control panel. The panel must conform to British Standards BS EN 54. The system must incorporate manual call points adjacent to all final exits and at each landing level if deemed appropriate. The alarm signal should achieve a sound level of at least 65dB(A)in all parts of the building and 75dB(A) at all bed heads.
LD2 coverage: a system installed throughout the dwelling incorporating smoke detectors (linked) in all circulation spaces that form part of the escape routes from the dwelling, and in all occupied rooms and areas in which fire might start (storage rooms, under stair compartments, basements etc), including a heat detector in any kitchen.
Bedrooms with cooking facilities - mains wired interlinked heat detector, plus a non-interlinked smoke detector. Fire blanket required and a carbon monoxide detector where applicable.
Two Storey (Bedsit) HMO With Shared Cooking Facilities. Detection Grade: D1, LD2
The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6: 2019. The minimum requirement is a Grade D1, LD2 system.
Grade D1: A system of one or more mains powered detectors, each with a tamper proof standby supply consisting of a battery or batteries. These are designed to operate in the event of mains failure and therefore could be connected to the local lighting circuit rather than an independent circuit at the dwellings main distribution board.
LD2 coverage: a system installed throughout the dwelling incorporating detectors in all circulation spaces that form part of the escape routes from the dwelling, and in all occupied rooms and areas in which fire might start (which may include storage rooms, under stair compartments, basements etc).
Bedrooms with cooking facilities - mains wired interlinked heat detector, plus a non-interlinked smoke detector. Fire blanket required and a carbon monoxide detector where applicable.
Shared House
HMOs described as shared houses are where the whole property has been rented out by an identifiable group of unrelated sharers such as students, work colleagues or friends as joint tenants. They share kitchen, dining facilities, bathroom, WC, lounge and all other parts of the house. All tenants will have exclusive legal possession and control of all parts of the house, including all the bedrooms. There is normally a significant degree of social interaction as they know each other. There is a single joint tenancy agreement with vicarious responsibility and therefore the landlord does not decide who lets a room should someone leave. BS5839-6: 2019 specifies that a HMO can only be referred to as a "shared house HMO" for fire purposes if the property is shared by no more than 6 people.
Shared House Up to Four Storeys
The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6:2019. The minimum requirement is a Grade D1, LD3 system.
- Interlinked mains wired smoke alarms in the escape route at all floor levels including any cellar or basement
- Interlinked heat alarm in the kitchen area
- Interlinked smoke alarm in lounge/communal area
Shared House Up to Six Storeys
The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6:2019. The minimum requirement is a Grade A, LD 2 system.
- Interlinked mains wired smoke alarms in the escape route at all floor levels including any cellar or basement
- Interlinked heat alarm in the kitchen area
- Interlinked smoke alarm in all risk rooms leading onto the escape route including bedrooms, storage rooms, under stair compartments.
Wireless Systems
The Council will accept fire detection and alarm systems that are interlinked wirelessly through radio frequency technology provided that such systems comply with BS 5839, in particular in respect of certain certification of network coverage in the property.
Upload certificate on to the online application.
Selective
Legal requirement under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015
House Occupied By A Single Household
The fire detection and warning system must be fitted, maintained and tested in accordance with BS 5839-6: 2019. The minimum requirement is a Grade D1, LD3 system.
This will comprise an interlinked mains wired smoke detector with integral battery back-up located at each floor level in the escape route in the house, being the ground floor hallway and any upper landings.
Non mains wired stand alone tamper proof smoke detectors fitted with a ten-year sealed lithium battery installed in accordance with manufacturer’s instructions are acceptable as the next preferred alternative.
Non mains wired stand alone smoke detectors fitted with a standard battery are acceptable as a final alternative, but are not recommended as batteries can easily be removed from the units.
Selective Licence- Fire Detection Requirements in Self Contained Flats (Converted Buildings or Purpose Built Blocks).
Privately rented self contained flats in either converted properties or purpose built blocks may also be subject to selective licensing. Within the internal hallway of the flat a Grade D1, LD3 system is required as detailed above, but the smoke detectors within each flat in the property or block shall not be interlinked to the other flats or communal areas within the block.
Within the common parts only of converted properties or purpose built blocks of flats with three or more storeys a Grade A, LD2 system is required together with a heat detector located in each flat in the room or lobby which opens onto the escape route. The heat detectors in each flat shall be interlinked to one another and also linked to the smoke detectors in the communal areas.
Fire safety in the common areas of HMOs, blocks of flats or Maisonettes are controlled by Regulatory Reform (Fire Safety Order 2005 (RRFSO), and this order lays down the legal requirements. A short guide helps you understand the Order.
Owners of privately rented flats within converted properties or purpose built blocks may have no responsibility for the fire detection system in the common parts of the building and should contact the freeholder in this respect.
Self certify on application.
House Occupied By More Than One Household-Small HMO Selective
Please read our suggested fire detection systems under Mandatory HMO licensing.
Your compliance officer advise you if you need to upgrade your system during their visit.
Any fire prevention works found necessary (which would be dependent on the size, use and layout of the property and an assessment of the existing fire precautions) following a HHSRS assessment will need to be rectified within a specified time frame set by the investigating officer before a licence can be granted.
Section 257 Properties
A Section 257 property is currently only licensable under Selective Licensing and must fall in one of the 14 designated wards (see below under Selective Licensing for further details.
A Section 257 property is defined in the Housing Act 2004 as a building or any part of a building which has been converted into and which consists entirely of self-contained flats. The conversion works carried our do not comply with Building Regulations.
The appropriate building standards are:
- The Building Regulations imposed at the time that the building was converted; unless the building work was completed before the 1 June 1992, in which case they are the Building Regulations 1991.
In summary therefore, if a building or part of that building is converted into and consists entirely of self-contained flats, and less than two-thirds of those flats are owner occupied, and no Building Control completion certificate can be produced for the conversion works, the building shall be considered to be a Section 257 HMO.
Section 257 HMOs - Within the internal hallway of the flat a Grade D1, LD3 system is required, but the smoke detectors within each flat in the property or block shall not be interlinked to the other flats or communal areas within the block. The smoke detector should ideally be mains wired (not interlinked) but if not it may then be a stand-alone tamper proof smoke detector fitted with a ten-year sealed lithium battery or a stand-alone smoke detector fitted with a standard battery is acceptable as a final alternative.
Within the common parts of properties which are three or more storeys that are Section 257 HMOs a Grade A, LD2 system is required together with a heat detector located in each flat in the room or lobby which opens onto the escape route. The heat detectors in each flat shall be interlinked to other flats and the smoke detectors in the communal areas of the block.
Owners of privately rented flats within converted properties may have no responsibility for the fire detection system in the common parts of the building and should contact the freeholder in this respect.