Fire doors required?

[Guest Annabel]

I live in a 1979 purpose build block of 4 flats, where we share a communal area. There's two flats upstairs and two downstairs. The owners are members of the management company that owns the leasehold. I'm aware that the management company is required by law to complete a fire risk assessment. One of the stipulations in the current regulations is to install fire doors. Do the current regulations apply retrospectively, and require us to change the front door of each flat to a fire door?

[Tom Sutton]

The fire safety order can be retrospectively applied and front doors need to be self closing fire resisting doors, but not necessarily up to the present day standard, if they can meet a previous standard and are in good condition, strips/seals may need to be applied. You need to check out Fire safety in purpose-built blocks of flats.

[Brockers]

Hi there, Tom. I'm a bit concerned that the regulations are being applied against leaseholders in order to subsides upgrades to social tenanted properties.

I'm the leaseholder of a flat, one of two in a Victorian conversion. The other flat is occupied by the social tenant and the housing association acts on behalf of the council freeholder for us both.

The first thing I noted was that the managing agent ripped out the perfectly adequate hall lights and introduced emergency lighting. The fire risk assessment stated that none was needed as the hallway is tiny.

So here am I faced with a hefty bill for a fire assessment, asbestos assessment, management assessment, new emergency lighting, a landlords electricity meter (recently introduced), and for monitoring of the system and maintenance. This did not come cheap! (Then there is the legionella assessment... and so on?)

Now the managing agent is insisting on entering my flat to introduce a heat detector, with additional sirens, etc, which they will monitor.  I have resisted this because I do not want to be disturbed by the constant false alarms due to the tenant smoking in her flat.

The communal hallway, which is tiny, now has a smoke alarm, fire button, fire safety advice stickers, monitoring unit, etc - and for which I have to pay 50% of over-inflated costs. It seems way over the top and is causing me a great deal of stress. (There are so many of their "operatives" visiting that they may as well move in!)

Still they now want me to change the front door to my flat, and the glass above it all under the auspices of fire safety. I pointed out to them that there are emergency exits at the rear, and that if I change the door and seal the frame the smoke won't get to the systems they have introduced in the hallway - but all to no avail. (The assessor did not enter the flats when doing the assessment and the hallway is all that is shared, not the stairs. The worry advice came for the council's safety officer who told me to "stay put" in the event of a fire!)

Where oh where will this end - can they do this?

By the way I have adequate smoke alarms in my flat. I just don't want to link up to their tenant or her guests.  

[Tom Sutton]

Who pays is not a fire safety matter it is between you and the Responsible Person. You should consult your tenancy agreement and the fire safety matters you referred to is subject to the fire risk assessment the RP has conducted.

The proposed heat detector will not actuate due to somebody smoking, it will need the heat from a fire to actuate and its purpose is to warn the other tenant, if a fire was to start in your flat when it is unoccupied.

The reason why the front door of the flat complete with fire seals and skylight above may need changing is if it is not 30 minutes fire resisting, because it is designed to prevent a fire in a flat making the means of escape ineffective.

The Regulatory Reform (Fire Safety) Order 2005 only covers the common areas so there is no need to enter your flat but there may be things that need to be done in your flat to protect the common areas.

I would not think the premises would meet the required standards for a stay put procedure therefore I would recommend, if there is a fire, get out.

Check out FIRE SAFETY Guidance on fire safety provisions for certain types of existing housing which is the guidance for your building.

[Brockers]

Thanks for that. The managing agent wants to fit the heat detector inside my flat, with additional devices for the alarm and button. Since these are interlinked with the communal area, and other tenant, I am worried about the intrusive nature of use of what is "guidance" and or "law". How can the law retrospectively creat an easement into my property'? 

A question for a lawyer I know. Buts isn't LACORs simply guidance anyway?

The concern is where does it all stop once you let them in.

[Tom Sutton]

The Regulatory Reform (Fire Safety) Order 2005 is the law which article 8 says the RP shall " in relation to relevant persons who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe" and applying the lacors guidance will achieve this ". I would suggest you check the lacors guidance and see what is necessary in your situation and allow them to proceed or they could take out an injunction to allow them to carry out the work, for the safety of the other tenant.

A relevant person is any person who has a legal right to be on the premises, except firefighters. 

[AnthonyB]

The Housing Act 2004 also applies to the property and unlike the Fire Safety Order does apply inside domestic premises. If not changing the front door or allowing fitting of the alarm is assessed as a Category 1 hazard by the Council then enforcement action can be taken against you

[GPate]

Just wondering if all fire doors come equipped with a basic locking system, or are required to have something specific.

I noticed on my building that there is some inconsistency between the lock hardware on different fire doors. Maybe they aren't both fired doors. Not sure.

[Tom Sutton]

No they do not come with basic locking system this is provided separately and should meet the standards of BS EN 179 and should be easily opened, without the need of a key from the inside.

[Tom Sutton]

Check out https://www.firesafe.org.uk/fire-door-fitting-and-ironmongery/.

[GPate]

Thanks for the informative reply Tom! I know that for egress purposes and general safety the fire doors should open easily enough. It works great as a safety precaution and as a part of fire safety plans, but I wonder if it negatively impacts building security in any way? Would someone be able to take advantage of the fact that there is no basic locking system in place?

[Neil Ashdown MAFDI]

There are security devices that lock the escape door but they release the lock automatically when the push bar or push pad is operated. Have a look at 'Hardware for Fire & Escape Doors' at http://www.firecode.org.uk/  Section 12, sub-sections 12.3.4  and 12.3.5 on pages 103 / 104 of the document cover this subject. 

Edited October 11, 2017 by Neil Ashdown CertFDI
To provide additional information

[GPate]

Thanks Neil, I'll give it a read!