How to Start & Run a B&B BandBED2eBook-1 | Page 45

It is also important to note – and in the first edition of this book, we said “we hope that
the enforcing authorities will also note this” – that the fire precautions to be required
are reasonable for the size of business. Again, to quote the ODPM directly: Article 11
requires the responsible person [eg the B&B owner – that’s you!] to make “such
arrangements [ie fire precautions] as are appropriate, having regard to the size of his
undertaking and the nature of its activities”.
This is emphasized further in clause 339 of the ODPM’s statement of 19/4/04: “The
overall effect of the provisions is to ensure that the [owner] is only required to take
measures which are necessary to ensure the safety of relevant persons [read: paying
guests and family] and hence ensures that the burdens [imposed by the new
regulations] are proportionate to the benefits”.
The following summary was published by the ODPM on the new regime:
“The main effect of the changes will be a move towards greater emphasis on fire
prevention in all non-domestic premises, including the voluntary sector and self-
employed people with premises separate from their homes.
Fire certificates will be abolished and will cease to have legal status.
The Fire Safety Order … will apply in England and Wales. (Northern Ireland and
Scotland will have their own laws.) It covers 'general fire precautions' and other fire
safety duties which are needed to protect 'relevant persons' in case of fire in and around
most 'premises'. The order requires fire precautions to be put in place "where necessary"
and to the extent that it is reasonable and practicable in the circumstances of the case.
Responsibility for complying with the Fire Safety Order rests with the 'responsible
person'. In a workplace, this is the employer and any other person who may have
control of any part of the premises, eg the occupier or owner. In all other premises the
person or people in control of the premises will be responsible. If there is more than one
responsible person in any type of premises, all must take all reasonable steps to work
with each other.
If you are the responsible person you must carry out a fire risk assessment which must
focus on the safety in case of fire of all 'relevant persons'. It should pay particular
attention to those at special risk, such as the disabled and those with special needs, and
must include consideration of any dangerous substance likely to be on the premises.
Your fire risk assessment will help you identify risks that can be removed or reduced
and to decide the nature and extent of the general fire precautions you need to take to
protect people against the fire risks that remain.
If you employ five or more people you must record the significant findings of the
assessment.”
The enforcing bodies are the local fire and rescue authorities, of which there are 59 in
the UK (and 50 in England and Wales). This made us worry that the regulations would
be interpreted and enforced very differently in different areas in practice. Here, at least