82Requirement for HMO fire risk assessment to be made by competent person(1)

An HMO fire risk assessment must be made by a competent person.

(2)

A “competent person” means an individual or body having sufficient expertise or experience to assess the fire safety risks in relation to the relevant HMO.

(3)

The Welsh Ministers may by regulations specify requirements that an individual or body must satisfy to be regarded as having sufficient expertise or experience for that purpose (including requirements for particular qualifications or for accreditation by, or membership of, a particular organisation).

(4)

Before making regulations under subsection (3), the Welsh Ministers must consult—

(a)

each fire safety authority, and

(b)

such other persons as they consider appropriate.

(5)

If an HMO fire risk assessment is made by a person who is not a competent person—

(a)

the person who makes the assessment commits an offence, and

(b)

the landlord of the relevant HMO commits an offence if the landlord knew, or ought reasonably to have known, that the person making the assessment was not a competent person.

(6)

A person guilty of an offence under subsection (5) is liable—

(a)

on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

(b)

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

(7)

A person commits an offence if—

(a)

the person offers to make an HMO fire risk assessment for a relevant HMO, and

(b)

the person is not a competent person.

(8)

A person guilty of an offence under subsection (7) is liable on summary conviction to a fine.