PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

CHAPTER 4ASSESSMENT AND MANAGEMENT OF BUILDING SAFETY RISKS

Fire safety risks in regulated buildings

33Management of fire safety risks by accountable persons

(1)

Where a regulated building is occupied, each accountable person for the building must take all reasonable steps to—

(a)

prevent a fire safety risk materialising in relation to the part of the building for which the person is responsible, and

(b)

reduce the severity of any incident resulting from such a risk materialising in relation to that part.

(2)

The steps that an accountable person takes must, in particular, include all reasonable steps to—

(a)

minimise the likelihood that fire will break out (whether accidentally or deliberately) in the part of the building for which the person is responsible;

(b)

minimise the likelihood that any fire that breaks out in or near that part of the building will spread in, to or from that part;

(c)

ensure that people in or about the building whose safety is at risk from fire in that part of the building can escape quickly and safely;

(d)

ensure that any fire in that part of the building can be fought promptly and effectively.

(3)

The steps that an accountable person takes under this section may include carrying out works to the part of the building for which the person is responsible.

(4)

In determining the steps to be taken under this section, an accountable person must have particular regard to the current fire risk assessment for the building.

(5)

Steps required by this section must be taken promptly.

(6)

An accountable person must—

(a)

make arrangements to ensure the effective planning, organisation, control, monitoring and review of steps taken by the person under this section, and

(b)

give effect to those arrangements.

(7)

An accountable person must ensure that a written record is made of—

(a)

arrangements that the person makes under this section, and

(b)

steps that the person takes under this section.

(8)

The Welsh Ministers may by regulations—

(a)

make provision about what are reasonable steps for the purposes of this section;

(b)

specify matters to which an accountable person must have regard, or principles in accordance with which an accountable person must act, when determining the steps to take under this section or taking the steps;

(c)

specify requirements with which arrangements under this section must comply;

(d)

specify information that must be included in a written record of arrangements made, or steps taken, under this section.

(9)

Before making regulations under subsection (8), the Welsh Ministers must consult—

(a)

each‍ county council and county borough council in Wales,

(b)

each fire safety authority, and

(c)

such other persons as they consider appropriate.

(10)

In this section, references to an accountable person include a person who is treated as an accountable person for the purposes of this section by virtue of section 36.