Housing policies, strategies, reports and standards

1.0 Introduction

1.1 North Northamptonshire Council takes its responsibilities for fire safety as a social landlord very seriously. The safety of our residents from the risk of fire is extremely important. Across the range of the housing stock owned and managed by the council there are various legal responsibilities for fire safety. Maintaining a robust and informed approach to meet these will assist in reducing the risk from fire to as low a level as is reasonably practicable, to protect our residents and the properties in which they live.

2.0 Scope and purpose of the policy

2.1 This policy applies to all residents (including licensees, tenants, and leaseholders) and their visitors, living in a house, bungalow, bedsit, flat, maisonette, sheltered scheme or traveller site, including properties which are self-contained, those with communal areas and garages, for which North Northamptonshire Council housing service has management responsibility.

2.2 It sets out the arrangements for effectively managing fire safety within the council’s stock as defined in 2.1 in accordance with the relevant legislation, including:

• suitable and sufficient fire safety precautions
• risk assessment
• management of fire safety arrangements

2.3 This policy sets out how the council will work in partnership to meet its moral and legal responsibilities for fire safety.

2.4 It aims to manage fire risks with the clear overall aim of protecting people and property through avoiding fire where possible and minimising the impact of fire if it occurs.

It also aims to increase residents’ knowledge of how to be fire aware and promote a sense of responsibility towards fire safety.

2.5 It will assist the council in monitoring and continually improving its performance in identifying and mitigating the risk of fire and protecting people and property in the event of a fire occurring.

3.0 Legislation and guidance

3.1 This policy will ensure compliance with current legislation and promote good practice. Without being an exhaustive list, this policy has regard to:

• Health and Safety at work etc Act 1974
• The Fire Safety Act 2021
• The Fire Safety (England) Regulations 2022
• Building Safety Act 2022
• Regulatory Reform (Fire Safety) Order 2005
• Housing Act 2004
• Building Regulations 2010, Part B
• The Smoke and Carbon Monoxide Alarm (England) Regulations 2022
• Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)
• Construction (Design and Management) Regulations 2015
• Landlord and Tenant Act 1985
• Section 41 of the Local Government (Miscellaneous Provisions) Act
• Equality Act 2010

4.0 Responsibilities

4.1 Overall responsibility for the implementation of this policy lies with the Assistant Director, Strategic Housing, Development and Property Services.

4.2 Delegated responsibilities for the day-to-day management, implementation and application of the policy and related procedures, for monitoring and reviewing performance and identifying areas of improvement are set out in Appendix A.

4.3 All NNC staff and stakeholders have a responsibility for the delivery of this policy. The training and responsibilities of individuals will be monitored by the council through its management and appraisal processes. As a minimum online fire awareness courses will be rolled out to our staff and contractors as part of their basic induction training.

4.4 Beyond the responsibilities of housing services, all licensees, facilities management, tenants, and leaseholders of the council have general responsibilities towards themselves and their neighbours in relation to fire safety.

5.0 Equality and diversity

5.1 The council recognises that it houses people with a diverse range of needs which may affect their position with regards to the risk of fire, and their safety in the event of a fire occurring.

5.2 We will meet our responsibility towards residents who may have an increased risk in the event of fire, such as those with disabilities within our sheltered accommodation.

5.3 We will seek to make early contact and work with individuals, their families and support agencies to resolve any safety issues first and foremost, with the view to find a permanent solution in line with the relevant policies.

5.4 All documents will be made available in other languages and formats as appropriate on request.

6.0 Definitions

6.1 For the purpose of this policy, the term risk should be understood in the following context:

• ‘hazard’ - anything that has the potential to cause harm
• ‘likelihood’ - the chance of that harm occurring

6.2 ‘Common parts’ or ‘communal areas’ are specific areas linked with blocks of flats or grouped dwellings and managed by Housing Property Services, including:

• Internal areas - such as communal entrances, doors, windows, stairs, corridors, lifts, sheds, drying areas and facilities for refuse disposal
• External areas - such as bin areas, sheds, drying areas, open stairwells and walkways, footpaths, grassed or landscaped areas, garage sites, parking areas, fencing and walls

6.3 In relation to Fire Risk Assessments, blocks of general needs flats and maisonettes are categorised by level of risk using the following characteristics:

6.4 “High rise” means a block of flats with six or more storeys, and “low rise” means any other block of flats.

6.5 A ‘competent person’ is someone who has sufficient training and experience or knowledge and other qualities to enable them properly to implement measures or complete tasks, for example carrying out a fire risk assessment. Third party fire risk assessors must have at least two years of experience completing fire risk assessments.

7.0 The policy

The council will ensure that suitable and sufficient arrangements are in place to manage fire safety. The following principles set out how we will manage our duty holder responsibilities:

a. Communal Areas

The Regulatory Reform (Fire Safety) Order 2005 places duties on the Housing service to carry out risk assessments for the purposes of fire safety within the communal areas to our general needs blocks of flats and maisonettes and within our sheltered schemes, houses in multiple occupation (HMO), traveller sites, garages and to take adequate precautions to reduce the risk and manage any risk that remains.

7.1.1 Fire Risk Assessments
The aims of a Fire Risk Assessment (FRA) are:

• to identify fire safety hazards
• to reduce the risk of those hazards causing harm to as low a level as reasonably practicable
• to decide what physical fire precautions and management arrangements are necessary to ensure the safety of people in the premises should a fire occur

We will ensure that:

a) We fulfil our duty to undertake annual Fire Risk Assessments within the communal areas of our general needs blocks of flats and maisonettes and within our sheltered schemes (or sooner if there are significant changes to the building).

b) We maintain a robust, risk-based approach, with priority given to “higher risk” blocks.

c) FRAs will be carried out by a competent person and recorded on the Council’s Asset Management database.

d) FRAs are reviewed on a risk-based approach or whenever there is any building alteration, modification or change of occupation or use of the premises or following an incident involving fire. An annual review of FRAs will be carried out by competent person as described in HSE Guidance prior to any alteration, modification or change of occupation.

e) Any remedial work required to mitigate the risks identified is undertaken and management processes put in place, within reasonable timescales appropriate to the level of risk.

7.1.2 Fire safety improvement plans

Improvement actions identified by the Fire Risk Assessments will either be addressed individually or incorporated into a planned maintenance fire safety improvement plan and actioned by the responsible persons. These may include such things as upgrading fire doors to blocks of flats, entrance doors to individual flats or installing emergency lighting or alarm systems within the communal area.

7.1.3 Fire safety precautions

Fire precautions are designed to protect people and property against harm or damage caused by an identified fire safety hazard. These hazards and their likelihood may vary depending on the property and its communal areas.

We will ensure that:

g) All blocks where a Fire Risk Assessment is required will be provided with fire safety signage, where applicable which is appropriate and properly maintained.

h) Any testing, maintenance or servicing of equipment or installations intended as a fire precaution will be carried out by a competent person at appropriate intervals. Records will be kept of these activities, held at the property and centrally and made available to relevant parties on request.

i) Where borrowed light and means of ventilation to communal areas are provided by manually opening windows, these will be maintained appropriately as and when required.

j) Adequate security measures are in place, including the appropriate use and maintenance of secure entrance doors and where it is in use CCTV equipment.

7.1.4 Sheltered Housing

All sheltered properties are connected to a 24-hour contact centre.

The integrated fire and smoke alarm systems within sheltered housing schemes have alarm sounders installed in every connected property. The communal fire alarm systems are tested weekly via call points, any fault reported, and appropriate maintenance carried out by our appointed contractor. All staff working in sheltered schemes receive training on use of the alarm control panels.

7.1.5 Traveller Site Communal Areas

Fire precautions here include:

• fire extinguishers located at the site office
• a block-built wall separating each unit to provide compartmentation or, adequate distance between pitches for mobile homes and caravans to reduce the risk of fire spread
• a separate area for waste disposal (metal bins or skips)

7.1.6 General needs blocks

Fire precautions in place include:

• where appropriate, systems for fire alarm and detection, smoke control (Automatic Opening Vent) and emergency lighting installed
• a fire escape route will be protected by a minimum of 30 minutes departmentation
• for buildings of more than 11 metres high, we will use best endeavours to undertake annual checks of flat entrance doors and undertake quarterly checks of all fire doors in the common parts
• In all multi-occupied residential buildings with two or more sets of domestic premises we will:
  - provide relevant fire safety instructions to their residents (leaseholders and tenants), which will include instructions on how to report a fire and any other instruction which sets out what a resident must do once a fire has occurred - this information will also be provided to new leaseholders or tenants to the building as part of their sign up
  - provide residents (leaseholders and tenants) with information relating to the importance of fire doors in fire safety

7.1.7 Escape routes

We will:

k) Display Fire Action Notice in all communal areas within our sheltered schemes, at fire alarm call points as a minimum. These will include effective arrangements for contacting the emergency services. Converted properties e.g. Houses of Multiple Occupancy (HMO), where fire safety compartmentation and fire stopping cannot be guaranteed, are not suitable for a stay put policy, therefore, simultaneous evacuation will be necessary and tenants should leave via the safest exit, the evacuation route will be determined by the fire risk assessment.

l) Fire Action Notices (FAN) include the following points:

• Raise the alarm
• Leave the building by safest exit
• Call 999
• Report to assembly point
• Do not return to the building until authorised to do so

m) Maintain management processes to ensure all escape routes are kept clear of obstructions and access to equipment such as fire extinguishers and fire alarms where installed is not impeded.

n) Provide initial advice to residents regarding what to do in the event of an emergency at the start of their tenancy, regardless of tenure or property type.

7.1.8 Sterile Environments

All tenants of the council, leaseholders and residents living in a flat or maisonette with communal areas have a joint responsibility to keep these areas clean, tidy and free from obstruction and dangerous substances.

Due to the difficulty in managing communal areas and increased risk within general needs blocks, the council adopts a sterile environment policy.

This means that personal possessions or unwanted goods are not permitted within communal areas or on escape routes.

When items that are not permitted are identified within communal areas we will take timely and appropriate action to ensure removal of these, including contacting residents of the building and carrying out further inspections, in line with our management processes. The council reserves the right to recover its costs.

7.1.9 Smoking

The council operates a strict no-smoking policy (which includes no-vaping) in all internal communal areas serving its dwellings. Signage will be posted at every entrance.

b. Evacuation

7.2.1 Stay Put or Evacuate

The following strategies are not mutually exclusive and may be used in combination (phased evacuation of the refuge areas to a place of ultimate safety). Those with impaired mobility may be evacuated based on personal emergency evacuation plans (PEEPs). This may involve, evacuation of all mobility-impaired and non-ambulant people in the building to a place of ultimate safety at an early stage.

Stay put strategy:

This is adopted where separation by fire resisting construction is present (i.e. purpose-built buildings) This is a strategy that during a single flat fire, the occupants of that flat evacuate, and all other occupants are safe if they “remain where they are”.

A ‘stay put’ policy involves the following approach: When a fire occurs within a flat, the occupants alert others in the flat, make their way out of the building and summon the Fire and Rescue service. If a fire starts in the common parts, anyone in these areas makes their way out of the building and summons the Fire and Rescue Service.

All other residents not directly affected by the fire would be expected to ‘stay put’ and remain in their flat unless directed to leave by the Fire and Rescue Service.

It is not implied that those not directly involved who wish to leave the building should be prevented from doing so, "If in Doubt, Get out and Stay out". Nor does this preclude those evacuating a flat that is on fire from alerting their neighbours so that they can also escape if they feel threatened.

Phased evacuation and PEEP's:

This is where separation by fire resisting construction is present (i.e. purpose-built Sheltered buildings). The first people to evacuate are those most immediately affected by the fire, and those with impaired ability to evacuate, unless their personal emergency evacuation plan (PEEP) has determined otherwise. The remaining areas are then evacuated, at phased intervals. The phasing can either be a ‘horizontal phased’ or a ‘vertical phased’ evacuation. A PEEP is originated by our housing management team.

Simultaneous escape strategy:

This approach is where all occupants are not expected to remain in the building for a prolonged time and go immediately to a designated assembly point. Simultaneous evacuation typically requires the need for automatic detection and sounders.

This approach is for buildings where separation and departmentation does not have an adequate fire-resistant construction i.e. buildings that have been repurposed from their original use i.e. houses or industrial buildings that have been converted to flats, maisonettes, or bedsits.

7.2.2 All residents of the council’s housing stock are encouraged to regularly familiarise themselves with the fire escape routes from their dwelling.

Within blocks of flats, we will display fire safety instructions in a conspicuous part of the building. The instructions will cover the following matters:

• instructions on how to report a fire (e.g. use of 999 and notifying the council)
• the correct address to give to the fire and rescue service, etc.
• any other instruction that tells tenants/leaseholders what they must do when a fire has occurred (notify the council)

These instructions will also be provided directly to new tenants and leaseholders as soon as reasonably practicable after they move into their accommodation, as should also be the case if there are any material changes to the instructions (e.g. as a result of alterations to the building). In addition, these instructions should be reissued to all existing residents at periods not exceeding 12 months.

7.2.3 Personal Emergency Evacuation Plan (PEEP) - Sheltered

This sets out arrangements for an individual with physical, mental or other specific needs which may prevent them from safely evacuating the premises in the event of a fire. The council housing management team will ensure that a Personal Emergency Evacuation Plan is developed for all residents of sheltered housing assessed as requiring one in accordance with the Governments guidance on PEEPs.

c. Tenanted Dwellings

7.3.1 Smoke and Carbon Monoxide Alarm Regulations 2022

The council provide automatic fire detection (AFD) to all tenanted properties. Carbon monoxide detectors will be installed in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).

For domestic dwellings, tenants are encouraged to regularly test fire and carbon monoxide detection and report faults immediately for urgent action by the council.

During the annual gas safety check, all detection is checked and recorded to ensure they are operational and in date. For those properties without gas or oil heating systems e.g., electric heaters only or where communal heating is provided, this check will be conducted annually, by competent person.

For the sheltered housing schemes, the council is alerted to smoke alarm calls from individual properties and general assessments are carried out in response, where applicable.

7.3.2 Housing Health and Safety Rating System (HHSRS)

The Housing Act 2004 introduced the HHSRS which is used to assess the main health and safety risks inherent in a dwelling, including the risk of fire. We will identify via our rolling five-year stock condition programme and remedy any failures in our tenanted dwellings as set out in the Housing Service’s Asset Management Strategy.

d. Construction and Maintenance

7.4.1 We will ensure that:

a) Fire safety risk is assessed, controlled and managed during the construction phase of new builds, refurbishments, or structural alterations of council owned buildings.

b) We adhere to the provisions of Part B of the current Buildings Regulations in all new builds and relevant refurbishments or structural alterations to existing buildings.

c) Any general repairs or maintenance carried out to the structure or fabric of council owned buildings does not compromise the compartmentation in communal areas and between properties, nor the means of escape or egress from the building.

d) Employees and contractors, especially those carrying out ‘hot works’, are managed and supervised appropriately to prevent inadvertent or unexpected breaches of fire safety or increased risk of fire by their activities. As a minimum online fire awareness course will be rolled out to our staff (including agency staff) as part of their basic induction training. Employees carrying out hot works, will be given specific training.

e) Passive Fire Protection (ASFP) knowledge in fire stopping specification will be required when carrying out inspection and maintenance on NNC properties. Contractors are required to provide risk assessments, method statements, evidence of competency and hot work permits prior to works commencing.

7.4.2 Alterations

Tenants and leaseholders have a contractual requirement to request written permission from the council before they or their appointed contractor commences alterations to the property. Any requested alterations will be refused if the fire integrity of the property is likely to be adversely affected. Should any alterations be made without written approval or if fire stopping is breached, tenants and leaseholders will be required to reinstate such alterations or make good.

7.4.3 Front Doors to Individual Flats

Where regulation applies a front door to an individual flat within an enclosed area and affects part of the escape route should be fire resistant for a minimum of 30 minutes, provided the integrity of the door assembly is not compromised in anyway. The main purpose of a fire door is to contain outbreaks of fire and stop the fire from spreading. This ensures the tenant have time to safely escape from the point of danger. This represents a key line of defence in fire safety for blocks with communal areas.

Tenants and leaseholders are not permitted to alter or change the front door or windows to their flat without written permission from the council. Should alterations be permitted we will seek to ensure that the front door remains appropriately fire-rated and certified.

Tenants and leaseholders should ensure that fire doors are shut when not in use.

Tenants and leaseholders should not tamper with self-closing devices on fire doors.

Tenants and leaseholders have responsibility for ensuring that the integrity of the fire door is maintained at all times. If the integrity of the fire door is compromised (damaged or altered), then the council should be notified immediately.

Information about fire doors will be provided to tenants and leaseholders as soon as reasonably practicable after they move into their flat and at periods not exceeding 12 months thereafter.

7.4.4 If a Fire Risk Assessment or ad-hoc inspection raises any question over the integrity of a flat’s front door, we will:

• identify any failures in the fire rating of the front door
• establish how best to rectify any failures, whether by repair or full replacement
• contact the tenant or leaseholder(s) without delay
• Tenants that change or modify fire door sets without permission, the council will carry out remedial works, recharge the tenant and take appropriate and proportionate action under the terms of the tenancy agreement
• where not the landlord’s responsibility, the council will carry out remedial work and recharge the leaseholder
• follow the alterations process to ensure remedial work is properly completed where the tenant or leaseholder is organising this
• should the s20 notice procedure apply, leaseholders are required to keep to their leasehold agreement and complete remedial works within a reasonable timescale appropriate to the level of risk

e. Garages

7.5.1 The council has two general types of garages; standalone blocks and garages which are integral to a larger block of flats or maisonettes:

• Garages in standalone blocks are in distinct areas separated from adjacent buildings - compartmentation between each unit is provided by the block construction and these garages present a low risk for fire safety
• Where garages are integral to other blocks, they may adjoin dwellings and communal areas - compartmentation due to the garage construction provides fire-stopping

7.5.2 All garages are inspected when they become void and any necessary maintenance is carried out before re-letting. The garage licence agreement includes ‘unacceptable use’ clauses relating to fire safety and tenants are responsible for removing all items from the garage at the end of their tenancy (for full terms refer to the garage licence).

f. Furnishings

7.6.1 Where furniture is provided in the council’s domestic properties, whether in common areas or as part of a furnished tenancy, this will be fire retardant in compliance with the Furniture and Furnishings (Fire Safety) Regulations 1988.

g. Communication

7.7.1 With residents

Wherever possible, the council will aim to prevent fire safety issues by educating residents from the beginning of their tenancies regardless of tenure, and ensuring that information, support, and advice is readily available and provided as set out in this policy.

Information and advice, including the documents listed in section 8, are publicised on the council’s website and are available in hard copy on request.

This is refreshed through the council’s tenant and leaseholder’s magazine or relevant ad-hoc communications, as required.

7.7.2 Within the Housing Service

To support our aims in this policy we will ensure that the Council’s Asset Management Database system is maintained and fit for purpose with the inclusion of information of the fire safety ‘risk profile’ rating details of all council owned blocks of flats or sheltered accommodation complexes.

We will ensure that adequate information, instruction, training and supervision is given to relevant employees on a regular basis. Employees with specific duties, such as those carrying out fire risk assessments, will be trained to undertake these tasks effectively and competently.

h. Partnerships

7.8.1 We will work closely together with other internal departments of NNC, local partners and agencies to achieve our aims in this policy, including:

• Northamptonshire Fire and Rescue Service
• Corporate Health, Safety and Wellbeing Team

7.9 Mobility Scooters, E-Bikes and E-Scooters

7.9.1 Storage and charging of all powered vehicles (including fuel driven), i.e. mobility scooters, e-bikes, electric wheelchairs, e-scooters or other similar means of transport are not permitted in escape routes and within enclosed common areas.

For sheltered complexes, where suitable storage is available, tenants should apply to use these from the council. Refer to Mobility Scooter Use, Storage and Lettings Policy.

Where no suitable storage is available tenants are only permitted to store and charge their equipment within their own home. Permission can be requested to have an external storage unit subject to NNC approval and at the tenant or leaseholder’s own expense.

8.0 Related policies and documents

• Housing Asset Management Strategy
• Aids and Adaptations Policy for Council Tenants
• Housing Compliance Policy (Includes, Gas, Electrical, Asbestos etc)
• Tenancy Policy and Agreement
• Leasehold Management Policy
• Conditions of Garage Licence Agreement
• Conditions of Mobility Licence Agreement
• Fire advice for tenants and leaseholders living in flats
• Corporate Health, Safety and Wellbeing Policy
• Corporate Fire Safety Procedure
• Equality and Diversity Framework
• Service Level Agreements
• Mobility Scooter Use, Storage and Lettings Policy

9.0 Review and monitoring

9.1 This policy will be reviewed every three years, unless legislative or regulatory changes require an earlier review. If council staff become aware that there are problems with effective operation of the policy or the associated procedures, they should report this to the Policy Owner. This feedback will be incorporated into the policy and procedural review process.

9.2 Monitoring of fire safety performance will be carried out. This will be achieved through recording, monitoring, and learning from fire related incidents in our housing stock.

Summary of Key Responsibilities

Appendix A

Roles and Responsibilities

Key:
A - Approved
C - Consulted
I - Informed
R - Reviewed