Hot discussions about extinguishers removed in HMOs
Every now and again, a heated discussion flares up when housing associations or landlords remove extinguishers from a HMO (House in Multiple Occupation) or from flats with the argument that the fire extinguishers would do more harm than good in the hands of untrained tenants. Their decision is based on the fear that tenants as well as visitors might risk their lives fighting a fire rather than evacuating the building and that people might injure themselves by incorrect use of the fire extinguisher. Fear of vandalism and the difficulty of maintaining and assuring the working order of the extinguishers between the annual services is of course also a consideration.
The latest case was in Richmond:
‘Residents in Richmond have been advised that portable fire extinguishers have been removed from the common parts of their housing blocks for their own safety, following the findings of a fire risk assessment.
This case was not unique, in 2008 a similar occurance happened in Bournemouth:
‘An independent fire risk assessment ruled the extinguishers were a hazard to untrained users and may encourage people to fight a blaze. Residents in flats at Avon House in West Cliff Road, Bournemouth, all received letters asking to remove the equipment.
In both cases the recommendation was based on fire risk assessments carried out by external fire risk assessors.
The reaction by the general public and the fire safety industry was instant. Some of the reactions were as follows:
‘Surely the sensible option would be to inform residents about the practical use of handling a fire extinguisher, rather than removing them altogether’ (IFEDA Nov 2011)
‘Now burn to death in safety. Here’s another couple of examples of elf’n’safety idiocy.’ (Daily Mail Nov 2011)
What is the legal situation?
It is right that Fire Risk Assessments that is carried out by either a landlord or by external specialist, identify what the risks are in a property and what protection is appropriate for the building and its occupants. Te fire risk assessor must balance the building’s construction, its inhabitants and various other factors when deciding how to best achieve fire safety for the occupants. A fire risk assessment can lead to certain fire protection measures being reduced if other fire protection measures are strengthened, e.g. the type of fire alarm system to be installed might be downgraded if a automatic sprinkler system is installed etc. However, there are guidelines which describe general recommendations which must be taken into consideration. The fire risk assessment guides created for the different type of businesses and buildings help assessors and landlords to come to a reasonable conclusion.
For owners of HMO’s, the fire risk assessment guide ‘sleeping accomodation’ is relevant. The guide suggests that except in kitchen area but in cases where the main risk stems from fires involving wood, paper and textiles:
The provision of one water-based extinguisher for approximately every 200 square meters of floor space, with a minimum of two extinguishers per floor, will normally be adequate. Ideally no person should have to travel more than 30m to reach a extinguisher.
For landlords and HMOs specifically, there is also a useful fire safety guide from LACoRS, which brings together regulations regarding fire safety in HMOs and let properties and publishes them in to a guide.
The Guide states ‘The provision of fire blankets and simple fire extinguishers can be useful in restricting the development and spread of small fires in their early stages. However, unless a fire is very small, the best advice is to evacuate the building. This is because for larger fires people need training to know what type of fire extinguisher can safely be used on, how to tackle a fire safely, and when to give up and get out. The installation of extinguishers can also lead to problems if they are not properly maintained or where equipment is discharged through malice or horseplay. For these reasons extinguishers are not recommended inside units of accommodation unless there are resident staff who are trained in their use (a caretaker, housekeeper, warden or similar)’
Although this comes across as if LACoRS advises against installation of extinguishers, it carries on in the next paragraph:
‘In order to provide a facility for extinguishing small fires in their early stages, a simple multi-purpose extinguisher is recommended on each floor in the common parts of HMOs and buildings containing flats. It will not usually be practical to train tenants in the use of them, but basic advice should be offered at the start of each new tenancy.’
Positive confirmation for the need of fire extinguishers was later on re-emphasised in an update to the LACoRS guide in December 2008:
‘The positioning of portable fire extinguishers in the communal areas is deemed appropriate in order to help occupiers deal with small scale fires in their early stages and to aid their escape from the building.’
This guide clearly accepts the use of fire extinguishers by tenants rather than just resident staff!
There is no clarity from the LACoRS guide about the type of extinguishers to be installed. From our own experience, we would advise against powder extinguishers in communal areas, although powder extinguishers are the most general extinguisher commercially available. Water, with or without additive or foam extinguishers are more suitable. This is mostly due to damage and mess caused by the powder if used and the risk of inhalation is substantially lower.
Whilst there is a mountain of confusing signals and guides out there, the consensus appears to be that extinguishers come in to their own when dealing with early stage small fires. If asking ‘are extinguishers required in communal areas to meet legislation’ there is still no defined answer. It would appear that this recommendation is subjective and the outcome is dependant from the individual fire risk assessor.
