Housing Fire Safety Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the Council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the Council’s equality and diversity policy.

Introduction and objectives

1.1. As a landlord, East Suffolk Council (ESC) is responsible for carrying out fire risk assessments, and taking action to identify, manage and mitigate risks associated with fire within the common areas of residential blocks of flats, we own and manage.

1.2. ESC has a duty to take general fire precaution measures to ensure, as far as is reasonably practicable, the safety of the people on our premises and in the immediate vicinity.

1.3. The key objective of this policy is to ensure that our Cabinet, Corporate Leadership Team (CLT), employees, partners, and tenants are clear on our legal and regulatory fire safety obligations. This policy provides the framework our staff and partners will operate within to meet these obligations.

1.4. This policy forms part of our wider organisational commitment to driving a health and safety culture amongst staff and contractors. It will be saved on our shared drive and distributed to all relevant members of staff, prospective new contractors during the procurement process, and shall be published on the ESC website.

Policy scope

2.1. This policy applies to the housing assets which are owned by the Housing Revenue Account (the HRA) and any which are leased by the Council and rented and managed as social housing stock. This includes domestic properties (houses and flats), communal areas of any blocks containing such properties, retirement living schemes (RLS) and associated offices/communal spaces within these residential buildings, and properties used as temporary accommodation.

2.2. The policy is relevant to all our employees, tenants, contractors, stakeholders and other persons who may work on, occupy, visit, or use our premises, or who may be affected by our activities or services.

2.3. The policy should be used by all to ensure they understand the obligations placed upon ESC to maintain a safe environment for tenants and employees, within the home of each resident, and within all common areas of residential buildings and other residential properties we own and manage. Adherence to this policy is mandatory.

Roles and responsibilities

3.1. The Responsible Person – The Chief Executive of East Suffolk Council is the person with overall responsibility for fire safety issues in East Suffolk Council properties. The key legislation is the Regulatory Reform (Fire Safety) Order 2005, and the Responsible Person is the duty holder.

3.2. East Suffolk Council, the body corporate, would be the Accountable Person as defined in the Building Safety Act 2022. The Accountable Person and Principal Accountable Person roles only apply to high rise residential buildings, that is, buildings that have 7-storeys or more (18-metres in height) and consist of 2 or more residential dwellings. Such buildings are required to be registered with the Building Safety Regulator (BSR) and are known as higher risk buildings as defined by the Building Safety Act 2022. ESC does not operate any qualifying buildings.

3.3. The Competent Person: The Contracts Manager (Fire Safety) is the ‘competent person’, for fire safety. The Strategic Lead – Regulatory Compliance will assist the Contracts Manager (Fire Safety) in the execution of their duties.

3.4. ESC’s Cabinet has overall governance responsibility for ensuring this policy is fully implemented to ensure full compliance with legislation and regulatory standards. As such, the Cabinet will formally approve this policy and review it every two years (or sooner if there is a change in legislation or regulation).

3.5. The Housing Health and Safety Board (HHSB) will receive monthly performance reports in respect of fire safety and ensure compliance is being achieved. They will also be notified of any non-compliance issues identified.

3.6. The Head of Housing has strategic responsibility for the management of fire safety, and ensuring compliance is achieved and maintained. They will oversee the implementation of this policy.

3.7. The Strategic Lead – Regulatory Compliance has operational responsibility for the management of fire safety and will be responsible for overseeing the delivery of these programmes.

3.8. Housing management teams will provide support when gaining access to properties for essential fire safety works is proving problematic and will assist and facilitate with legal processes as necessary in line with ESC’s Access procedure.

Legislation, guidance and regulatory standards

4.1. The principal legislation applicable to this policy is as follows:

  • Regulator Reform (Fire Safety) Order 2005 (FSO).
  • The Fire Safety Act 2021 came into force on 16 May 2022, amending the FSO.
  • The Fire Safety (England) Regulations 2022 came into effect on 23 January 2023. As a result, this may impact definitions and requirements and result in changes to this policy in future.
  • The Building Safety Act 2022 came into effect April 2023. As a result, this may impact definitions and requirements and result in changes to this policy in future.
  • Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 which came into effect on 1 October 2022.

4.2. This policy also operates within the context of additional legislation, industry guidance and government policy direction (see Appendix 1).

4.3. Regulator standards - We must ensure we comply with the Regulator of Social Housing’s regulatory framework and consumer standards for social housing in England which make up the Social Housing Regulation Act 2023; the Safety and Quality Standard is the primary one applicable to this policy.

4.4. Sanctions - Failure to discharge our responsibilities and obligations properly could lead to sanctions, including: prosecution by the Health and Safety Executive (the HSE) under the Health and Safety at Work Act 1974; prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007; prosecution by the Fire and Rescue Service under the Fire Safety Order; and via a regulatory notice from the Regulator of Social Housing.

Obligations

5.1. Regulatory Reform (Fire Safety) Order 2005 (the FSO)

The Responsible Person (which is ESC, as duty holder) must:

  • Carry out a fire risk assessment (FRA) for the purpose of identifying the general fire precautions and other measures needed to comply with the FSO. Although under the FSO this requirement only applies to common parts of premises, in practice the Responsible Person will need to consider:
    • The entire premises, including units of residential accommodation.
    • Consider who may be especially at risk.
    • Implement all necessary general fire precautions and any other necessary measures identified by an FRA to remove or reduce any risks.
    • Implement a suitable system of maintenance and appoint competent persons to carry out any procedures that have been adopted.
    • Periodically review FRAs in a timescale appropriate to the premises and/or occupation fire risk level. This timescale is determined by the fire risk assessor carrying out the FRA.

5.2. Fire Safety Act 2021

The Act amends the FSO by clarifying that in residential buildings with two or more sets of domestic premises, the FSO applies to:

  • the structure and external walls of the building, including cladding, balconies and windows; and
  • all doors between the domestic premises and the common parts, for example, entrance doors to individual flats which open on to common parts.

The Responsible Person must ensure that FRAs comply with the criteria outlined above by appointing a competent person to review them (if the FRAs do not already comply). See Section 11 of this policy for competency requirements.

5.3. Fire Safety (England) Regulations 2022

The Responsible Person is required to:

  • For all residential blocks of flats - provide tenants with fire safety instructions and information on fire doors on an annual basis.
  • For blocks of flats that are over 11 metres in height - undertake quarterly checks of communal fire doors and annual checks of flat entrance doors, but ESC does not have any buildings which meet this criterion.
  • There are also additional requirements for residential block of flats that are over 18 metres in height (as defined within the Building Safety Act 2022), but ESC does not have any buildings which meet this criterion.

5.4. Building Safety Act 2022

As well as bringing specific duties in respect of blocks of residential flats over 18 metres in height (which will not apply to ESC), the Building Safety Act amended the FSO from April 2023. The amendments are applicable to all buildings where the FSO applies and will require the Responsible Person to:

  • Record FRAs in full and record fire safety arrangements.
  • Appoint a competent person to undertake/review FRAs and record their identity.
  • Ascertain whether other Responsible Persons have duties in respect of the premises and share relevant information with them.
  • Provide relevant fire safety information to tenants (for buildings with two or more domestic premises).

Statement of intent

6.1. ESC acknowledge and accept our responsibilities under the FSO (as amended by the Fire Safety Act 2021) as outlined in Section 5. Where legislation has not yet come into force, ESC will monitor this regularly and update this policy accordingly.

6.2. Whilst ESC does not have any occupied higher risk buildings that fall within scope of the Building Safety Act 2022, we have identified the 11 retirement living schemes as being the highest risk buildings within ESC’s asset portfolio, due to their size, structure and general tenant profile. Extensive active and passive fire safety works are to be implemented across all 11 sites, and these works will commence from April 2025. ESC will develop and adopt a resident safety strategy for these buildings within twelve months of approval of this policy.

6.3. The competent person will review all FRAs within 1-month of receipt of the report to ensure they meet the requirements set out in the Fire Safety Act 2021.

6.4. Each property requiring a Fire Risk Assessment will have one in place, carried out by a competent fire risk assessor. The Fire Risk Assessments will comply with the Regulatory Reform (Fire Safety) Order 2005 and will conform with the British Standards Institution’s PAS 79-1:2020 Fire Risk assessment Part 1: Premises other than housing – Code of practice and PAS 79-2:2020 Fire Risk assessment Part 2: Housing – Code of practice, specifications for non-residential and residential buildings, respectively. Residential Fire Risk Assessments will conform to BS 9792:2025 Fire risk assessment – Housing – Code of practice, when published.

6.5. All FRAs will be reviewed by means of a new assessment at intervals of 12-months (higher risk properties) and 36-months (lower risk properties) from the review date set within the most recent FRA and in the event of:

  • A fire, fire safety incident or near miss.
  • Persistent and unexplained false alarms.
  • Change in building use or how it is occupied.
  • Change in working practices that may affect fire safety.
  • Following refurbishment works.
  • Change in applicable legislation; or
  • If required following an independent fire safety audit.

6.6. ESC will operate robust processes to implement all general fire precaution measures identified by FRAs.

6.7. Fire evacuation strategies for all ESC blocks of flats have been determined on a building-by-building basis, in accordance with the recommendations of the competent fire risk assessor and with any guidance from Suffolk Fire and Rescue Service. Where ESC has buildings that are on a full simultaneous evacuation strategy, ESC will, on advisement from a competent fire risk assessor, look to implement plans to address the underlying risk factors which require the full simultaneous evacuation, and will aim to move to an alternative defend in place or “stay-put” evacuation strategy if practicable.

6.8. To comply with the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, which came into force on 1 October 2022, ESC has installed carbon monoxide alarms in all applicable properties, and as a minimum, a hard-wired Grade D1:LD3 fire detection and warning system in all ESC owned properties.

  • The carbon monoxide alarms are tested and, where necessary, replaced, as part of the annual gas safety check visit (or at void stage).
  • It is the tenant’s responsibility to regularly test the domestic smoke alarms in their homes and report any malfunction/ disrepair to the Council. ESC Housing Officers will conduct a smoke alarm test whenever they visit or inspect an ESC owned premises and document that they have carried out such a test on an inspection proforma which is then indexed on the Council’s Asset Management Database. The smoke alarm heads will be tested and, where necessary, replaced when an electrical installation condition report (EICR) is undertaken at intervals not exceeding 5-years. Electrical Safety Policy.
  • In the individual flats within ESC retirement living schemes, the domestic fire detection and warning system will be upgraded to a Grade D1:LD1 standard. This work shall be completed by end of October 2025. On completion of this work the relevant certification will be issued by the approved contractor and retained by the Council on its Asset Management System.
  • In the individual flats within general needs block of flats, the domestic fire detection and warning system shall be upgraded to a Grade D1:LD2 standard. This upgrade shall be carried out by the DLO and shall be completed as part of the 5-yearly EICR or if the property becomes void.

6.9. If ESC are made aware that a resident living in one of our buildings has a physical, cognitive or mental impairment, the Housing Officer will complete a Person-Centred Fire Risk Assessment (PCFRA) for them, if they provide their consent, and will take steps to ensure that any requirements arising from it are implemented.

6.10. Personal Emergency Evacuation Plans (PEEPs) will be carried out by the Housing Officer, reviewed annually, and made available to Suffolk Fire and Rescue Service for use in the event of an evacuation, as follows:

  • For any resident within an ESC retirement living scheme; and
  • For any resident within an ESC property regardless of whether we have a responsibility for carrying out an FRA, where we have been notified that they are storing oxygen in their home for medical use.

6.11. When letting properties, ESC will consider the suitability of the accommodation for the prospective resident in respect of fire safety, taking into account any physical, cognitive or mental impairment that they may have that may adversely affect their ability to self-evacuate from the premises in the event of a fire.

6.12. ESC are committed to working with Suffolk Fire and Rescue Service to create safer places to live and work. This joint working may include sharing information, having FRAs reviewed and staff training.

6.13. ESC will advise all new tenants of the opportunity to request a free home fire safety check, provided by Suffolk Fire and Rescue Service.

6.14. ESC will operate robust processes to gain access should any resident or leaseholder refuse access to carry out essential fire safety inspection and remediation works (as tested in the case Croydon Council v. Leaseholder 1 August 2014). Access Policy.

6.15. ESC will operate robust processes to gain access to properties where resident vulnerability issues are known or identified (including hoarding), whilst ensuring we safeguard the wellbeing of the resident (see ESC’s Access Policy).

6.16. ESC will operate effective contract management arrangements with the contractors responsible for delivering the service, including ensuring contracts/service level agreements are in place, conducting client-led performance meetings, and ensuring that contractors’ employee and public liability insurances are up to date on an annual basis.

6.17. ESC will operate a robust process to manage immediately dangerous situations identified during fire safety programmes. If a situation arises where there is an imminent risk to life or of serious injury, or a dwelling has suffered a fire and the Fire Service declares that the property is unsafe for the occupants to return, this will take priority. The action taken by ESC will depend on the circumstances of the situation, but emergency actions may include (but are not limited to) the following:

  • Decanting the occupants of the affected dwelling(s) to a place of relative safety/ alternative accommodation.
  • Employing a waking watch (block of flats).
  • Carrying out emergency fire safety works/repairs.

6.18. ESC will continue to enforce a sterile environment approach in all internal common areas, requiring tenants to remove combustible materials from corridors and fire escape routes. In general needs blocks of flats, this approach will be managed by the estate caretaking team in partnership with the relevant Housing Officer. In RLS buildings, this approach will be managed by the Scheme Manager. ESC Keeping communal areas safe policy

6.19. ESC will not permit the storage of mobility scooters, eBikes and other battery powered equipment within internal common areas of all blocks of flats. (Mobility Scooter and Electric Wheelchair Policy for Retired Living Schemes and blocks of flats).

6.20. For any buildings which require FRAs, we will not permit the use of barbeques on balconies, within any internal common areas of the buildings, or within two metres of boundary fences or any flammable structures when within the external curtilage of a building. Where barbeques are used within external common areas, they must be six metres away from the block, raised off the ground and not left unattended at any time. BBQs must be fully extinguished and left to cool at the end of any permitted BBQ.

6.21. In retirement living schemes, BBQ events are only to be permitted if a Scheme Manager has risk assessed the proposed event in consultation with the Contracts Manager (Fire Safety).

6.22. In retirement living schemes the preparing and cooking of meals in communal kitchens is carried out by the Scheme Manager. The Scheme Manager will, on sign-up, communicate with all residents that they are not to use the communal kitchens for the preparation of hot meals.

6.23. ESC will ensure that relevant staff in its employment and that frequently work within residential blocks of flats and individual dwellings, have a basic understanding of fire safety, can identify fire hazards and risks and, where appropriate, provide advice and guidance to those at potential risk, or know who to escalate fire safety concern to. All ESC staff are to be trained on how to make a safeguarding referral. Evidence of staff training shall be recorded and managed by team leaders on the HR Portal and updated on an annual basis or whenever it becomes necessary to do so.

6.24. To comply with the requirements of the Construction, Design and Management Regulations 2015 (CDM) an approved Construction Phase Plan (CPP) and Risk Assessment Method Statement (RAMS) will need to be in place for all repairs work to void and tenanted properties. In the context of fire safety, RAMS will have to identify and manage fire hazards, implement control measures, and ensure compliance with fire regulations. A Permit to Work shall be required for all external contractors and DLO staff carrying out hot works on any ESC property.

6.25. To comply with the requirements of the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002, we will consider the safety of our workplaces and plant/boiler rooms within our residential blocks that fall within scope of the legislation and will carry out a DSEAR risk assessment where appropriate.

6.26. Any fire safety related near misses, with a near miss being defined as an unplanned event which does not result in a serious injury but had the potential to do so, shall be reported to the Contracts Manager (Fire Safety) and/ or the Strategic Lead– Regulatory Compliance, in the first instance. The Contracts Manager (Fire Safety) and the Strategic Lead– Regulatory Compliance will, in consultation with the Head of Housing and the Corporate Health & Safety team, decide if the reported incident meets the criteria for a RIDDOR report to the HSE.

6.27. ESC will ensure there is a robust process in place to investigate and manage all RIDDOR notifications made to the HSE in relation to fire safety and will take action to address any issues identified and lessons we have learned, to prevent a similar incident occurring again.

Programmes

7.1. FRAs - ESC will ensure all our communal blocks and other properties with common areas, that we own and manage (within the scope set out in 2.1), have an FRA in place where ESC have the legal obligation to do so.

7.2. Thereafter (as set out in 6.5), ESC will maintain a programme of FRA reviews by reassessment, in a timescale appropriate to the premises and/or occupation fire risk level. This timescale will be in accordance with the maximum timescales we have set out in the fire safety procedure document (*insert link to ESC Fire Safety Procedure when approved), which should be read in conjunction with this policy. The timescale for each individual FRA will also be determined by the fire risk assessor carrying out the FRA where they identify specific risks or other factors which mean the FRA is required sooner than our maximum timescale for the type of building and will be between one and three years; FRAs for our higher risk buildings will be reviewed annually.

7.3. All blocks of flats, including RLS properties, will have at the minimum, a Type 1 FRA (non-destructive assessment of common parts) which will also include a 10% check of flat entrance doors where access is granted by the occupants. Houses in multiple occupation (HMOs) will, access permitting, be subject to a Type 3 FRA (non-destructive assessment of common parts and dwellings). A more comprehensive FRA will be commissioned if recommended by the Fire Risk Assessor or required by the Fire Service or if there is any other reason to conclude that one is required to maintain assurance.

7.4. ESC will ensure that a pre-occupation FRA is carried out on all new build schemes or new acquisitions where we have an obligation to do so. This will be followed by a post-occupation FRA, a maximum of three months after the first resident moves in.

7.5. Properties managed by others – Where ESC properties are managed by third parties, ESC will require them to provide copies of the FRAs to the Contracts Manager (Fire Safety), with evidence that any required follow up actions and works have been completed, to demonstrate that the buildings are safe. If the third party does not provide the FRA and the evidence, ESC will carry out the FRA, re-charge them for the cost of this, and require them to complete any actions identified.

7.6. Fire door checks – ESC does not currently have any buildings over 18 metres in height and therefore do not have a legal obligation under the Fire Safety (England) Regulations 2022 to undertake periodic fire door checks. If ESC were to acquire such buildings in the future, ESC will undertake quarterly checks of communal fire doors and annual checks of flat entrance doors to all such buildings over 18 metres in height.

7.7. Servicing - ESC will carry out a programme of servicing, maintenance and testing, in accordance with all relevant British Standards and manufacturer’s recommendations, to all fire detection, prevention and firefighting systems and equipment within buildings ESC own and manage. 

7.8. Regular inspections – ESC’s estate caretaking team will carry out a programme of monthly inspections to the communal areas of all blocks of flats (except RLS properties) with a fire risk assessment in place, to audit that the appropriate fire safety precautions are in place. The inspection shall include the function testing of the emergency lighting system and automatic opening vent (where present). In blocks of flats that have a communal fire alarm system, these shall be subject to a weekly zonal test. All tests are to be documented in the system’s logbook. 

7.9. In retirement living schemes - The Scheme Manager will carry out daily checks (weekdays only) of the communal areas of the RLS properties that they are responsible for weekly alarm function testing, and monthly function testing of the emergency lighting system and automatic opening vent (where present). All tests are to be documented in the system’s logbook. 

Follow up work

8.1. ESC will, as far as is reasonably practicable, endeavour to implement all general fire precaution measures identified by FRAs, in accordance with the following priorities and timescales:

  • Intolerable risk - within 24 hours.
  • High risk - within 7 days.
  • Medium risk - within 1 month.
  • Low risk - within 3 months.

(Some medium and low-risk recommendations may be included within planned programme of passive fire safety works and be completed outside the recommended target timeframes. This will be decided on a case-by-case basis by the Competent Person and in consultation with ESC’s appointed fire risk assessor as not to put any resident at risk of significant harm.)

8.2. ESC will ensure there is a robust process in place to manage follow-up works arising from fire door audits, and servicing and maintenance checks to fire systems and equipment. Any fire doors that have been identified as being beyond economical repair or beyond the scope of BM Trada’s approved repair techniques (ARTs), shall be replaced by ESC’s approved external contractor. Any fire door that can be repaired using BM Trada ARTs will be either passed to the DLO or to ESCs approved external contractor.

Data and records

9.1. ESC will maintain a core asset register of all properties we own or manage (for assets identified as being within scope in 2.1) on the Council’s Asset Management System setting out which properties require an FRA. ESC will also set out which properties require fire safety servicing and maintenance regimes (for example, fire alarms, emergency lighting and smoke/heat detection).

9.2. ESC will operate a robust process to manage all changes to our assets, including property acquisitions and disposals, to ensure that properties are not omitted from fire safety programmes and the programme remains up to date.

9.3. ESC will hold fire safety inspection dates, FRAs, FRA actions, and fire safety servicing records against all properties on each programme. These will be held in ESC’s Asset Management System.

9.4. ESC will keep fire safety logbooks securely on site in a locked documents box that will be sited either adjacent to the fire control panel or within the electrical intake room.

9.5. ESC will keep all records and data for the duration that we own and manage the property/in line with our document retention policy and will have robust processes and controls in place to maintain appropriate levels of security for all fire safety related data.

Resident engagement

10.1. ESC considers good communication essential in the effective delivery of fire safety programmes. Therefore, the contractors that ESC employ to deliver fire safety improvement works will be required to have an effective resident engagement strategy and communication programme. This will help all residents understand the importance of the works being carried out which in turn shall help with access to individual flats and enable the works to be delivered safely.

10.2. The Council has a legal obligation to provide all tenants in blocks of flats with information on the evacuation strategy that is applicable to the block that they live in, and on the importance of fire doors, on an annual basis and to new tenants on sign-up of their tenancy. This information will be provided in leaflet form and supported by the relevant fire action notice signage displayed in the communal areas and on the internal face of flat entrance doors (RLS blocks only). Additional fire safety information will be promoted to all residents via regular publications and information on our website.

10.3. All tenants can request a redacted copy of the FRA for the block in which they reside via the ESC website. FRAs may be redacted to protect the personal interests of other tenants in the block.

10.4. Housing Officers and retired living Scheme Managers shall provide tenants with general fire safety advice during tenancy sign-up visits, home visits, and property inspections. If they observe potentially unsafe conditions that could give rise to a fire in the property, the visiting officer must put their concerns and follow-up advice in writing to the tenant in question and conduct a series of follow-up visits to ensure the unsafe condition/ behaviour has been rectified. If necessary, Housing Officers and Scheme Managers will be required to make a safeguarding referral when the tenant’s home and/ or behaviour places them and others at risk of harm.

Competent Persons

11.1. The  Contracts Manager (Fire Safety), aka the competent person, shall be able to demonstrate via qualifications and experience the level of their competency. It is expected that a person in the role would hold as a minimum, Level 3 (or better) qualifications in Fire Risk Assessment and Passive Fire Safety. Such a person should also hold membership with the Institute of Fire Safety Managers (IFSM) or similar organisation such as the Institute of Fire Engineers (IFE) or Association for Specialist Fire Protection (ASFP). ESC will support the competent person to improve and update their knowledge and pay for one professional membership per annum.

11.2. Any persons employed by the Council to support and assist the competent person, such as the clerk of works, shall also receive training in passive fire safety and fire door inspection. Training shall be delivered by third-party accredited/ suitably qualified training providers and training records shall be maintained on the council’s HR Portal.

11.3. Only suitably competent contractors, Fire Risk Assessors and fire engineers will undertake FRAs or works to fire safety equipment, systems and installations. These must be certified by BAFE, hold the appropriate UKAS accredited qualifications, and be member of a recognised professional body. Those carrying out FRAs must have skills, knowledge and experience as set out in the Fire Sector Federation’s guidance on choosing a competent Fire Risk Assessor.

11.4. Only suitably competent fire safety consultants and contractors will provide third party technical quality assurance checks.

11.5. ESC will check that our contractors hold the appropriate qualifications and accreditations for the work they will carry out. ESC will check this when we procure them, and thereafter on an annual basis; ESC will evidence these checks and each contractor’s certification appropriately. ESC will require external contractors and their operatives who carry out repair, maintenance, installation and other work to fire doors to be accredited with the relevant BM TRADA fire door scheme or equivalent.

Training

12.1. ESC will deliver training on this policy and the procedures that support it, including team briefings; basic fire safety awareness training for all staff who deliver property compliance activity; and on the job training for those delivering the programme of FRAs and other fire safety programmes, planned maintenance and repairs works as part of their daily job. All training undertaken by staff will be formally recorded.

Performance

13.1. ESC will report robust key performance indicator (KPI) measures for fire safety. These will be provided to HHSB monthly. As a minimum, ESC will report:

13.2. Data - the total number of:

  • The rate of compliance with the FRA programme
  • The number of FRA actions that are in date and that are overdue.
  • The number of FRA actions by work type.
  • Properties without a valid and in date FRA.
  • Completed, in-time and overdue follow-up works/actions arising from the programme (split by priority).

13.3. Narrative - an explanation of the:

  • Enforcement Action and fire safety audits carried out by SFRS.
  • Contractors' activities, progress and performance.
  • Correction action required.
  • Anticipated impact of correction action; and
  • Progress with completion of follow-up works.
  • Risk associated to the FRA programme, FRA actions, programme of passive and active fire safety works.

13.4. In addition:

  • Compliance with the fire safety equipment, systems and installations servicing and maintenance programme.
  • The number of RIDDOR notifications to the HSE with regards to fire safety.
  • Details of any enforcement notices from the Fire and Rescue Service or other enforcement bodies.
  • Recording and reporting on property fires to identify trends and target awareness campaigns.

Quality assurance

14.1. The contracted FRA provider shall have an internal method of peer review of all FRAs before they are released to ESC.

14.2. The competent person will carry out quality assurance audits of FRAs (field and desktop), on a five per cent sample basis.

14.3. Fire risk assessments will be undertaken annually in higher risk properties and 3-yearly in lower risk blocks of flats. These FRAs shall specifically test for compliance with legal and regulatory obligations and to identify any non-compliance issues for correction.

14.4. External contractors employed by ESC to deliver passive fire safety works will have to hold third-part accreditation for the services that they provide. Such third-party bodies regularly audit their members to ensure the quality of workmanship and knowledge is maintained and kept up to date.

14.5. The fire safety works undertaken by external contractors will be checked and “snagged” by ESC’s Clerk of Works, under instruction by the Contracts Manager (Fire Safety) before the payment of any invoice. If contractors are not performing to the expected standards, then these checks will be 100% of the works listed in the contractor’s valuation. Contractors that have demonstrated a high level of competence and consistently deliver high quality works will be subject to a lower level of post-works scrutiny.

Significant non-compliance and escalation

15.1. ESC's definition of significant non-compliance is: any incident which has the potential to result in a material breach of legislation or regulatory standard, or which causes a risk to health or safety. All non-compliance issues will be reported and escalated as soon as possible, and no later than 24 hours after the incident occurred or of an ESC employee becoming aware of it.

15.2. Any non-compliance issue identified at an operational level will be formally reported to the Strategic Lead – Regulatory Compliance in the first instance, who will agree an appropriate course of corrective action with the Head of Housing. The Head of Housing will report details of the same to the Senior Leadership Team, ESC’s Monitoring Officer and the Portfolio Holder.

15.3. In cases of serious non-compliance, the Portfolio Holder and Senior Leadership Team will consider whether it is necessary to disclose the issue to the Regulator of Social Housing as required by the regulatory framework, or any other relevant organisation such as the Health and Safety Executive. In such instances, the issue will also be reported to Cabinet.

Conclusion

16.1. This policy sets out our approach to fire safety. If you are an ESC tenant, you should consult your tenancy agreement/licence/lease for further information on your rights and responsibilities, ask our advice, or seek independent help.

Glossary

17.1. This glossary defines key terms used throughout this policy:

  • Void/Void property: is defined by the CIH as a property that does not have a legitimate tenant. For example, a property that is empty and awaiting allocation to a new tenant.
  • CIH: The Chartered Institute of Housing.
  • BAFE: Is the independent register of quality fire safety service providers, who are certified to ensure quality and competence to help meet fire safety obligations.
  • BM TRADA: Is a UKAS accredited certification body which provides independent third-party certification fire services for manufacturing, installation and maintenance services for fire doors and a fire stopping installation certification scheme.
  • FRA: A fire risk assessment is an assessment involving the systematic evaluation of the factors that determine the hazard from fire, the likelihood that there will be a fire and the consequences if one were to occur.
  • FRA survey: The FSO states that an FRA is required, however, it does not prescribe how intrusive or destructive this should be. There are four types of FRA:
    • Type 1 - common parts only (non-destructive), basic level to satisfy the FSO.
    • Type 2 - common parts only (destructive), element of destruction on sample basis.
    • Type 3 - common parts and flats (non-destructive), considers means of escape and fire detection within at least a sample of flats.
    • Type 4 - common parts and flats (destructive).
  • IFSM: The Institute of Fire Safety Managers.
  • PAS79: A publicly available specification published by the British Standards Institution which focuses on making sure that all the required information that pertains to both an FRA and its finding are recorded.
  • PCFRA: A person-centred fire risk assessment will help identify residents who are at higher risk from fire in their own accommodation, whether this is due to their behaviours or their ability to respond and escape from a fire.
  • PEEP: A personal emergency evacuation plan is a bespoke escape plan for individuals who may not be able to reach an ultimate place of safety unaided or within a satisfactory period of time in the event of any emergency.
  • UKAS: The National Accreditation Body for the United Kingdom, appointed by government to assess and accredit organisations that provide services including certification, testing, inspection and calibration.
  • RIDDOR is the UK's Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, which legally requires employers and others in charge of workplaces to report certain work-related incidents, such as deaths, injuries, diagnosed diseases, and dangerous occurrences, to the HSE.
  • HSE: Health & Safety Executive. The UK’s national regulator for health and safety in the workplace.

Appeals

18.1. Tenants can appeal decisions made under this Policy, through ESC’s Customer Feedback Policy.

Policy review

19.1. This policy will be reviewed every three (3) years, or earlier if required due to legislative, regulatory, best practice, or operational changes.

19.2. Any review or amendments to this policy will be subject to approval by the Housing Health and Safety Board (HHSB).

19.3. The Strategic Lead for Regulatory Compliance and the Contracts Manager (Fire Safety) will be responsible for ensuring the implementation of this policy.

Appendix 1 - Additional legislation and policy direction

Legislation - This policy also operates within the context of the following legislation:

  • Health and Safety at Work Act 1974
  • The Occupiers' Liability Act 1984
  • Furniture and Furnishings (Fire) (Safety) Regulations 1988
  • Health and Safety (Safety Signs and Signals) Regulations 1996
  • Gas Safety (Installation and Use) Regulations 1998
  • Management of Health and Safety at Work Regulations 1999
  • Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR)
  • The Defective Premises Act 1972
  • Housing Act 2004
  • Landlord and Tenant Act 1985
  • Homes (Fitness for Human Habitation) Act 2018
  • Management of Houses in Multiple Occupation (England) Regulations 2006
  • Building Regulations 2010: Approved Document B Fire Safety
  • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
  • Construction (Design and Management) Regulations 2015
  • Electrical Equipment (Safety) Regulations 2016
  • Data Protection Act 2018
  • Housing Health and Safety Rating System (HHSRS)- as part of Housing Act 2004

Guidance - The principal guidance documents applicable to this policy are:

  • Housing - Fire Safety: Guidance on fire safety provisions for certain types of existing housing (Local Authorities Coordinators of Regulatory Services), August 2008.
  • Fire safety in purpose-built blocks of flats (hosted by the Home Office and to be read alongside the National Fire Chiefs Council’s guidance on simultaneous evacuation), 2011. [note this guidance should be viewed as no longer comprehensive; the Home Office is currently working on a revised version but in the interim, it is continued to be made available as it contains relevant and useful information for purpose-built blocks of flats]
  • Fire Safety in Specialised Housing (National Fire Chiefs Council), May 2017. This guidance covers sheltered schemes, supported schemes and extra care schemes.
  • Housing Health and Safety Rating System Operating Guidance: Housing Act 2004 Guidance about inspections and assessment of hazards given under Section 9 (Ministry of Housing, Communities & Local Government), February 2006.
  • Housing Health and Safety Rating System Operating Guidance: Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings (Ministry of Housing, Communities & Local Government), November 2018.
  • Advice for Building Owners of Multi-storey, Multi-occupied Residential Buildings (Ministry of Housing, Communities & Local Government), January 2020. • Simultaneous Evacuation Guidance: Guidance to support a temporary change to a simultaneous evacuation strategy in purpose-built blocks of flats (National Fire Chiefs Council), October 2020.
  • PAS 79-1:2020 Fire Risk assessment Part 1: Premises other than housing – Code of practice and PAS 79-2:2020 Fire Risk assessment Part 2: Housing – Code of practice, specifications for non-residential and residential buildings, respectively.
  • BS 9792:2025 Fire risk assessment – Housing – Code of practice, when published.

Additional guidance and policy direction

The following documents set out clear direction for landlords in respect of fire safety, and whilst not statutory guidance or approved legislation, there are certain recommendations or proposals which are applicable to this policy:

  • Fire Sector Federation – Approved Code of Practice: A National Framework for Fire Risk Assessor Competency (November 2020).
  • Fire Sector Federation – A Guide to Choosing a Competent Fire Risk Assessor (Version 3, October 2020). • Setting the Bar: A new competence regime for building a safer future (October 2020).
  • The Regulatory Reform (Fire Safety) Order 2005: Call for Evidence (July 2019), and summary of responses (March 2020).
  • Building a Safer Future - Proposals for reform of the building safety regulatory system: A consultation (June 2019). • Grenfell Tower Inquiry: phase 1 report. Volume 1 – 4 (October 2019).
  • Building a Safer Future - Independent Review of Building Regulations and Fire Safety: Final Report (May 2018).