The Houses in Multiple Occupation (Hazards) Regulations (Northern Ireland) 2019

Statutory Rules of Northern Ireland

2019 No. 33

Houses In Multiple Occupation

The Houses in Multiple Occupation (Hazards) Regulations (Northern Ireland) 2019

Made

7th March 2019

Coming into operation

1st April 2019

The Department for Communities (1), in exercise of the powers conferred by section 54(1) and (3) of the Houses in Multiple Occupation Act (Northern Ireland) 2016 (2), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Houses in Multiple Occupation (Hazards) Regulations (Northern Ireland) 2019 and shall come into operation on 1st April 2019.

Prescribed descriptions of hazard

2.—(1) A hazard is of a prescribed description for the purposes of the Houses in Multiple Occupation Act (Northern Ireland) 2016 where the risk of harm is associated with the occurrence of any of the matters or circumstances listed in the Schedule.

(2) In the Schedule, a reference to a matter or circumstance is, unless otherwise stated, to a matter or circumstance in or, as the case may be, at the HMO in question, or in any building or land in the vicinity of the HMO.

Sealed with the Official Seal of the Department for Communities on 7th March 2019.

(L.S.)

David Polley

A senior officer of the Department for Communities

SCHEDULE Matters or Circumstances

Damp and mould growth

1.  Exposure to house dust mites, damp, mould or fungal growths.

Excess cold

2.  Exposure to low temperatures.

Excess heat

3.  Exposure to high temperatures.

Asbestos and Manufactured Mineral Fibres (MMF)

4.  Exposure to asbestos fibres or MMF.

Biocides

5.  Exposure to chemicals used to treat timber and mould growth.

Carbon monoxide and fuel combustion products

6.  Exposure to:—

(a) carbon monoxide;

(b) nitrogen dioxide;

(c) sulphur dioxide and smoke.

Lead

7.  The ingestion of lead.

Radiation

8.  Exposure to radiation.

Uncombusted fuel gas

9.  Exposure to uncombusted fuel gas.

Volatile organic compounds

10.  Exposure to volatile organic compounds.

Crowding and space

11.  A lack of adequate space for living and sleeping.

Entry by intruders

12.  A lack of adequate security against unauthorised entry.

Lighting

13.  A lack of adequate lighting.

Noise

14.  Exposure to noise.

Domestic hygiene, pests and refuse

15.—(1) Poor design layout or construction such that the HMO cannot readily be kept clean.

(2) Exposure to pests.

(3) An inadequate provision for the hygienic storage and disposal of household waste.

Food Safety

16.  An inadequate provision of facilities for the storage, preparation and cooking of food.

Personal hygiene, sanitation and drainage

17.  An inadequate provision of:—

(a) facilities for maintaining good personal hygiene;

(b) sanitation and drainage.

Water supply

18.  An inadequate supply of water free from contamination, for drinking and other domestic purposes.

Falls associated with baths etc.

19.  Falls associated with toilets, baths, showers or other washing facilities.

Falling on level surfaces etc.

20.  Falling on any level surface or falling between surfaces where the change in level is less than 300 millimetres.

Falling between levels

21.  Falling between levels where the difference in levels is 300 millimetres or more.

Falling on stairs etc.

22.  Falling on stairs, steps or ramps where the change in level is 300 millimetres or more.

Electrical hazards

23.  Exposure to electricity.

Fire

24.  Exposure to uncontrolled fire and associated smoke.

Flames, hot surfaces etc.

25.  Contact with:—

(a) controlled fire or flames;

(b) hot objects, liquid or vapours.

Collision and entrapment

26.  Collision with, or entrapment of a person in doors, windows or other architectural features.

Explosions

27.  An explosion at the HMO.

Position and operability of amenities etc.

28.  The position, location and operability of amenities, fittings and equipment.

Structural collapse and falling elements

29.  The collapse of the whole or part of the HMO.

EXPLANATORY NOTE

(This note is not part of the Order)

Section 54 of the Houses in Multiple Occupation (Northern Ireland) Act 2016 defines a hazard in an HMO as a risk of harm to the health and safety of any actual or potential occupier of an HMO. Regulation 2 and the Schedule prescribe descriptions of hazards with reference to the occurrence of matters or circumstances listed in the Schedule.

(1)

see section 1(7) of the Departments Act (Northern Ireland) 2016 c.5 (N.I.)

(2)

2016 c.22 (N.I.)