2019 No. 33

Houses In Multiple Occupation

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

Made

Coming into operation

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 commencement1

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 hazard2

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 PolleyA senior officer of the Department for Communities

SCHEDULEMatters or Circumstances

Damp and mould growth1

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

Excess cold2

Exposure to low temperatures.

Excess heat3

Exposure to high temperatures.

Asbestos and Manufactured Mineral Fibres (MMF)4

Exposure to asbestos fibres or MMF.

Biocides5

Exposure to chemicals used to treat timber and mould growth.

Carbon monoxide and fuel combustion products6

Exposure to:—

a

carbon monoxide;

b

nitrogen dioxide;

c

sulphur dioxide and smoke.

Lead7

The ingestion of lead.

Radiation8

Exposure to radiation.

Uncombusted fuel gas9

Exposure to uncombusted fuel gas.

Volatile organic compounds10

Exposure to volatile organic compounds.

Crowding and space11

A lack of adequate space for living and sleeping.

Entry by intruders12

A lack of adequate security against unauthorised entry.

Lighting13

A lack of adequate lighting.

Noise14

Exposure to noise.

Domestic hygiene, pests and refuse15

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 Safety16

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

Personal hygiene, sanitation and drainage17

An inadequate provision of:—

a

facilities for maintaining good personal hygiene;

b

sanitation and drainage.

Water supply18

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 levels21

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 hazards23

Exposure to electricity.

Fire24

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 entrapment26

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

Explosions27

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 elements29

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.