Practical fire safety for existing specialised housing and similar premises: BRIA

5. Options

5.1 Objective

To ensure those responsible for fire safety in specialised housing and similar premises are able to determine appropriate fire safety measures for vulnerable people by providing a single source of Guidance covering general fire safety and fire safety risk assessment.

Option 1; Do nothing

Do nothing was not an option since the need for Guidance was identified and agreed by the Ministerial Working Group.

Benefits: None

Costs: None

Option 2 – Introduce Guidance aimed at those responsible for Specialised Housing

This is the option agreed by the Ministerial Working Group. Guidance will help those responsible for fire safety in specialised housing and similar premises to determine appropriate fire safety measures for vulnerable people in specialised housing.

Benefits: Provides clear direction and straightforward Guidance to establish a consistent approach to fire safety

Costs: It is preferable and financially effective to prevent and reduce the impact of fires. There will be premises where the Guidance and appropriate fire safety measures are not fully implemented. This expansion and improvement to support fire safety in specialised housing is a key policy objective. There may be costs for those responsible for fire safety e.g. to commission an external Fire Risk Assessment to conduct a premises based fire safety risk assessment and to act on its findings or to implement the findings from a person-centred risk assessment for high risk individuals. As far as can be established the costs should not be significant, given the degree of regulation and the emphasis on safety which currently exists in the sector. The person-centred risk assessment will be a new concept for some but costs are not expected to be significant in most cases. Residents at greatest risk may require enhanced measures, such as suppression systems, the cost of which is more significant. For premises outwith the scope of existing legislation, the voluntary nature of the Guidance gives them the chance to prioritise and plan any improvements and raise income over a period of time. For those covered by existing legislation, there should be limited impact as premises based risk assessments are already a legal requirement. Modest additional costs may be incurred for these premises as a result of a person-centred approach (eg small care homes and some forms of supported housing).

Option 3 – Extend the application of fire safety law to all specialised housing

There was no further statutory requirements recommended by the Review. To consider this and draft a Bill can take at least 2 years from inception to being passed by Parliament.

This would be a decision for Scottish Ministers to take forward as part of the legislative programme, and would require detailed public consultation and parliamentary scrutiny.

Person-centred risk assessments are not generally considered necessary in current legislation and so this element would require separate Guidance or a further change in law to make it mandatory.

Benefits: Legislation would require dutyholders to assess risks and to implement measures to ensure life safety. It would also be subject to enforcement by an enforcing authority (usually SFRS).

Costs: Potential costs associated with work to amend legislation. There may be additional costs when establishing and operating under new legislation that would be considered in the pre-legislative process.