HOUSING (SCOTLAND) ACT 2006: SCOTTISH GOVERNMENT
GUIDANCE ON SATISFACTORY PROVISION FOR DETECTING AND
WARNING OF FIRES
1. Section 13(1) of the Housing (Scotland) Act 2006 sets out the criteria that must be met if a house is to comply with the Repairing Standard. One part of the Repairing Standard is that a house should have satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire. There are more
than 7000 reported fires in dwellings (e.g. houses, flats and maisonettes) every year in Scotland. Fires can have a devastating effect on the lives of people and results in around 60 deaths and 1700 injuries each year. According to national fire statistics dwelling fires in which smoke alarms raise the alarm continue to:
be discovered more rapidly (less than 5 minutes) after ignition; and
be associated with lower fatal casualty rates.
2. The installation of smoke and fire detectors is intended to reduce the risk of fire and the consequent loss of life, injury and damage to property. Because of these dangers, the Repairing Standard sets a high benchmark for smoke and fire detection, matching the standard required for new building and which is higher than many owner-occupiers will meet for their own homes. All privately rented homes should, if at all possible, meet this standard. However, the most important thing is that there should be some provision to detect fires and that this should be operational and in good working order.
3. As stated in section 13(5) of the 2006 Act, in deciding whether this standard is met in relation to the fire safety standard, regard must be had to any building regulations and any guidance on the subject issued by the Scottish Ministers.
4. Building regulations set out the essential standards to be met when building work or a conversion takes place. The reference to building regulations in the Repairing Standard does not mean that privately rented property must always comply with building regulations. However, landlords should be aware of what the
building regulations say in relation to smoke and fire detectors and have regard to those regulations in assessing what level of smoke and fire detectors are needed to ensure that the home has satisfactory provision for detecting fires and for giving warning in the event of fire or suspected fire. This means that landlords should
either install smoke and fire detectors that meet the standard set by building regulations or be able to justify why a lesser level of protection is appropriate in a particular home. Reasons why a lesser level of protection might be appropriate could include:
5. Landlords are entitled to rely on professional advice from qualified electricians on their compliance with the standards in building regulations.
6. Landlords should note that building standards were amended from 1 October 2017, and revised technical guidance has been issued by Building Standards Division (Technical Handbooks 2017)
7. The revised Domestic Technical Handbook guidance states there should be at least:
8. When the Repairing Standard was introduced (3 September 2007) the building standards regulations required that there should be one or more than one functioning smoke alarm installed in the house, the number and position of alarms to be determined by the size and layout of the house. There was normally to be at
least one smoke alarm on each floor. If there were multiple alarms, they should be interlinked. A smoke alarm installed from 3 September 2007 onwards had to be mains powered with a standby power supply. Note that the manufacturer’s recommended life span of a fire alarm is usually 5-10 years and all battery-powered
fire alarms in private rented houses should hardwired when they are replaced.
9. If there is a requirement for the house to meet a more stringent standard of provision for detecting and giving warning of fire (for example, in a house in multiple occupation (HMO) requiring to be licensed, or under building regulations), then the Repairing Standard criterion is only to be regarded as met if that requirement is met.
An alarm should be installed in accordance with the recommendations contained in the British Standard on the design of fire detection installations for dwellings (BS5839 Part 6) in conjunction with the Domestic Technical Handbook guidance under Standard 2.11 Communication. The fitting of a hardwired smoke/heat alarm system may require a building warrant and landlords should consult the Building Standards department of the local authority.
10. The repairing standard does not include carbon monoxide alarms. At least 50 people die of carbon monoxide poisoning every year in the UK and installation of carbon monoxide alarms is recommended as good practice.
However, from 1st September 2014. Building regulations were updated in May 2014 and the word “every” was replaced by “the” in clause 2.11.1 of the technical handbook.
From October 2013 Scottish building regulations require carbon monoxide detectors to be fitted when a new or replacement boiler or other fixed heating appliance is installed in a dwelling. The need for carbon monoxide detection applies to any fixed heating appliance powered by a carbon based fuel, that is, gas (both mains and liquid petroleum gas), oil and solid fuel (coal, coke, wood, wood pellets, etc.).
11. Landlords should ensure that smoke and heat alarms are regularly maintained in accordance with the manufacturer’s recommendations.
12. It is recommended as good practice that landlords advise tenants to test alarms on a weekly basis. It is also recommended that landlords should advise tenants not to tamper with alarms.
13. The risk of fire can be reduced by ensuring the electrical installations and appliances are safe. It is also part of the Repairing Standard that the installations in the house for the supply of electricity and any appliances provided by the landlord are in a reasonable state of repair and in proper working order. The Electrical Safety
Council suggest that the best way for landlords to comply with this is by having a registered electrician carry out an inspection and test of the electrical installation (known as an Electrical Installation Condition Report) and Portable Appliance Testing at suitable intervals. Landlords may also wish to provide advice for tenants on ensuring the safety of any appliances brought into the house by the tenants.
14. Before a tenancy commences, landlords should:
15. The Scottish Fire and Rescue Service (SFRS) offer free home (i.e. domestic premises) fire safety visits (HFSVs) comprising an assessment of fire risk within the home at that time and the provision of advice on preventing fires, avoiding fire spread and formulating an escape plan in event of fire. Additionally, SFRS staff
may on occasion, if available and appropriate, fit long life battery operated smoke and heat alarm(s). Note that a HFSV is neither a substitute for responsible persons complying with their specific legal obligations under the Fire (Scotland) Act 2005 nor does it signify compliance by persons with any other legislative requirement or standard. To arrange a free Home Fire Safety Visit: call 0800 0731 999; or visit www.firescotland.gov.uk.
England and Wales