PART 2FIRE SAFETY IN CERTAIN HOUSES IN MULTIPLE OCCUPATION

Assessment and management of fire safety risks in relevant HMOs

85Management of fire safety risks by duty holders

(1)

Each duty holder for a relevant HMO must take all reasonable steps to—

(a)

prevent a fire safety risk materialising in relation to the relevant HMO, and

(b)

reduce the severity of any incident resulting from such a risk materialising.

(2)

The steps that a duty holder takes must, in particular, include all reasonable steps to—

(a)

minimise the likelihood that fire will break out (whether accidentally or deliberately) in the relevant HMO;

(b)

minimise the likelihood that any fire that breaks out in or near the relevant HMO will spread in, to or from it;

(c)

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

(d)

ensure that any fire in the relevant HMO can be fought promptly and effectively.

(3)

The steps that a duty holder takes under this section may include carrying out works to the relevant HMO.

(4)

In determining the steps to be taken under this section, a duty holder must have particular regard to the current HMO fire risk assessment for the relevant HMO.

(5)

Steps required by this section must be taken promptly.

(6)

A duty holder must—

(a)

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

(b)

give effect to those arrangements.

(7)

A duty holder must ensure that a written record is made of—

(a)

arrangements that the duty holder makes under this section, and

(b)

steps that the duty holder 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 a duty holder must have regard, or principles in accordance with which a duty holder 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 local housing authority in Wales,

(b)

each fire safety authority, and

(c)

such other persons as they consider appropriate.