Background

Prior to October 2006, hotels and boarding houses providing sleeping accommodation for more than 6 persons (staff or guests), or any above the 1st floor or below ground floor were required to have a fire certificate. However, if the business had employees, then the employer was obliged to comply with the Fire Precautions (Workplace) Regulations (regardless of whether they had a fire certificate or not). This meant that the owners of many self-catering accommodation available for rent and smaller B&Bs were not required to comply with specific fire safety legislation.

However, with effect from 1 October 2006, all those with responsibilities in respect of premises providing sleeping accommodation may have to comply with fire safety legislation.

Guidance on Fire Safety Legislation
Many small tourism businesses will be able to get all the information they need on complying with the legislation from the Fire Safety Guidance Booklet available under ‘general guidance’ at www.infoscotland.com/firelaw However, for more detail on what is required, sector-specific guidance has just been published and is available on the same website under ‘sector specific guidance’. “Practical Fire Safety Guidance for Small Premises Providing Sleeping Accommodation” will be of further assistance in the case of small B&Bs and self-catering properties.

What is the purpose of the new fire legislation?
The aim of the fire safety legislation is to help reduce the number of avoidable fires and consequently reduce the number of deaths, injury to life and loss of property. Previously, fire safety legislation had developed in a piecemeal fashion with the result that it was scattered over many pieces of legislation. Under Part 3 of the Fire (Scotland) Act, a single regime applying to all premises (with the exception of private dwellings) has been created which can be better understood and administered by those with fire safety responsibilities

What does the legislation mean for owners of B&Bs and self-catering accommodation for rent?
Anyone with control to any extent of the premises (such as the owner or manager of a B&B or self catering accommodation) must undertake a fire safety risk assessment of the premises, and take reasonable steps to prevent fire and put in place fire safety measures. In some cases, this may involve a behavioural change (such as keeping escape routes and fire exits clear) while in others, it may require alterations to the property.

Compliance with fire safety legislation does not mean that all B&Bs and self-catering properties will necessarily be required to introduce extensive fire safety measures. Many will have already made adaptations or introduced fire safety measures to ensure the safety of persons using the premises and to comply with health and safety legislation. In addition, it should be remembered that one of the principles of the risk-based assessment regime is that any action taken should be proportionate to the assessed fire risk.

In the majority of cases, the legislation is enforced by the fire and rescue authority/joint fire and rescue board. It is for enforcement officers to work with those with fire safety responsibilities (“dutyholders”) to assist them to meet their legal obligations without unnecessary expense.
It will be open for dutyholders to raise queries with enforcement officers if they disagree with their decisions. However, the legislation also allows for a formal right of appeal to the sheriff in the event that the dutyholder disagrees with any enforcement notice received: details will be outlined on any notice served. In addition, there is a non-judicial process for 3rd party independent determination to address disagreement where the matter relates to the action required to comply with the legislation. Enforcement officers can provide dutyholders with details of the dispute procedure.

Properties with Domestic and Non-Domestic Areas
In the case of properties which have some public areas and some private areas (e.g. most B&Bs), the Scottish Ministers’ intention is for the commercial or public areas of such premises to be covered by the new legislation while the private areas are treated as domestic premises, and largely exempt. Domestic premises are defined as premises occupied as a private dwelling including common areas, such as stairs. A Fire and Rescue Service circular to this effect has been issued to fire and rescue authorities/joint fire and rescue boards. A copy of the circular is available on the Scottish Government website dedicated to the fire safety legislation – www.infoscotland.com/firelaw

Further information
More information on the fire safety legislation is available on the firelaw website at www.infoscotland.com/firelaw 

This guidance note was provided by:
Tourism Unit/Fire and Rescue Branch
Scottish Government
October 2007