Shaun Lundy from 4site Consulting looks at the different types of fire risk assessments that can be carried out in blocks of flats
We should all be aware that fire risk assessments are legally required but did you know that there are different types of risk assessment that can be carried in blocks of flats? The current guidance endorsed by the National Fire Chiefs Council (NFCC) ‘Fire Safety in Purpose Built Blocks of Flats’ issued by the Local Government Association in 2012 identifies 4 types of Fire Risk Assessments.
Type 1 is the most common type of Fire Risk Assessment and is usually sufficient for most purpose-built blocks of flats and conversions.Type 1 is a non-destructive assessment of the common parts of the building, not the private dwellings. In general, access to these occupied areas (such as flats) is not expected or required unless there is there is reason to believe that there may be significant health and safety issues inside. The only exception is where you may have arranged to view the tenant’s front doors as part of the assessment. In some occurrences, the action plan of the Type 1 may recommend one of the other types be carried out. Recommendations of other types of FRAs should be backed up with a clear justification as to why a more intrusive inspection is required.
Type 2 is similar to type 1 in the sense that it only includes the common parts of the building. However, it involves an element of destructive sampling for which a contractor will normally be required. A Type 2 FRA may be suggested following a Type 1, however, should not be recommended as standard procedure. A Type 2 Fire Risk Assessment is usually a rarity, carried out only if there is good reason to believe there are serious structural flaws that need further investigation due to the risk that this could lead to breaches in compartmentation and the spread of fire throughout the building.
Type 3 FRAs go beyond the requirements of the law by considering the flats as well as the common parts. Areas such as means of escape, compartmentation between flats and means of fire detection are considered in all areas including the flats. The Type 3 FRA, like the type 1, is non-destructive and is usually considered necessary if it is thought there may be a fire risk inside of the flats. Arranging a Type 3 FRA can be difficult in leaseholder flats and are more easily conducted in vacated flats or where the flat is rented rather under leasehold ownership.
Type 4 FRAs, like Type 2, include a destructive assessment, however in this case of both the common parts of the building, and the flats. Type 4 FRAs are obviously more complicated than the other types of assessments. As with the Type 3 assessment, access to flats can be difficult and the destructive nature of the assessment will involve a contractor to open up and repair damage after the inspection.
Another consideration when doing intrusive and destructive surveys is asbestos containing materials that may present a risk to health if disturbed. If the building was constructed prior to 2000 it is likely to contain asbestos materials. All building of this age should have had an asbestos survey and a register of the type, condition and location of asbestos in the building. In addition, where disturbance is likely, such as in the case of Type 2 or Type 4 FRA, an addition Refurbishment and Demolition Asbestos Survey will be required prior to any work being carried out.
What the law requires
The Regulatory Reform (Fire Safety) Order 2005 (RRO) states that a Fire Risk Assessment (FRA) is required in almost all buildings, however, does not go into specific detail about how intrusive or destructive this should be. The RRO is relevant for the common parts of a building, such as: stairs, corridors and share kitchens. It does not apply to the ‘private dwellings’ or ‘domestic premises’ of a building which are covered by the Housing Act 2004. The law is goal seeking and not prescriptive in its requirements, stating that Fire Risk Assessments should be carried out ‘regularly’ and should be ‘suitable and sufficient’ without providing details on the frequency or nature of the assessment. It is the obligation of the ‘responsible person’ of the property to either complete an FRA themselves or organise for an FRA to be conducted by a third-party such as consultancy specialising in fire risk assessments. The responsible person is usually the freeholder, right to manage company, resident’s management company or managing agents. The purpose of an FRA is to check and ensure that the property has the correct fire safety measures in place (such as: emergency routes and exits, fire detection systems and an emergency fire evacuation plan) to avoid and eliminate the risk of fire where possible.
Is a Type 2 or 4 Fire Risk Assessment Needed?
You have probably had a Type 1 FRA conducted and in the vast majority of cases this is likely to be suitable and sufficient in determining the fire risk and implementing the necessary fire precautions. There is, however, ongoing debate surrounding Type 4 FRA and where they may be necessary. Some experts have suggested that assessments beyond the common areas are only relevant in specific cases where the landlord has reason to believe there is a serious breach of the compartmentation within the private dwelling that may pose a risk to others. Others suggest that Type 4 FRAs should be a standard requirement for all buildings, particularly after the Grenfell tragedy and especially in older buildings where there are doubts about the methods of construction.
Generally, Type 4 FRAs are only necessary in very limited range of circumstances and like the Type 2, should not be routinely recommended unless there is strong justification following a Type 1 or 3 FRA. The general principle is that a Type 4 FRA should only be suggested if there is reason to believe there are serious defects in both the common parts or inside the flats; such as: inadequate compartmentation or poor fire stopping which cannot be determined adequately during the Type 1 or 3 FRA. Another circumstance in which a Type 4 Fire Risk Assessment may be recommended is if a new landlord has acquired a block of flats for which the history of construction work is suspicious. Concerns may be originally raised in the type 1 FRA about the compartmentation, especially in areas that cannot be easily accessed such as: ceilings, under floor boards, roof voids, risers, service cupboards or boiler rooms. In circumstances such as these, there may be reason to believe there is high risk of fire spread in both the private and common areas of the property and therefore a more destructive assessment may be needed.
The outcome of an intrusive and destructive FRA may be to recommend further building works to improve compartmentation, additional fire stopping measures or improvements to protect the means of escape from smoke or fire. In some circumstances additional building works to improve fire compartmentation will not be practicable either in the short or long term. In these cases, the evacuation strategy may need to change from the usual ‘stay put’ policy recommended for purpose-built blocks, to one of simultaneous evacuation with enhanced fire detection and alarm systems being installed.
What are the current trends?
Understandably, local authorities, housing associations and private landlords are responding to the Grenfell Tower tragedy by intensifying their efforts to prevent a repeat of this terrible disaster. The majority of FRAs are non-destructive and providing they are carried out by a competent person, will contain sufficient information to ensure the fire safety of your block. However, according to ‘Inside Housing’, a number of social landlords and local authorities have switched to Type 4 FRAs as a response to the disaster. For instance, Southwark and Camden councils are now carrying out Type 4 FRAs in many of their tower block properties due to concerns over the compartmentation, especially in older blocks where the history of subsequent building works is uncertain.
Conclusion
The guidance on whether to do a destructive FRA has remained unchanged and, in most circumstances, it will not be necessary to change your approach. A competently completed FRA will make it clear if a destructive FRA is required and in which areas of building to minimise the extent of disruption.
Overall, there is a lot to consider when deliberating over FRA. Landlords will need to weigh up the cost vs. benefits of conducting destructive FRA. Firstly, it can become quite a costly and lengthy process. If your building was constructed prior to 2000 then there may be asbestos in the building which will need careful consideration before any destructive works are carried out. Landlords will need to compare the disruption to residents and the time it will take to return the block to its original condition with the overall benefits this may have in relation to enhancing fire safety. Ask yourself, will the Type 2 or 4 FRA help us to improve the buildings safety, improve the fire strategy or provide new information that will change the existing measures being taken? If the answer is no, then the damage and disruption may not prove beneficial. As always, if in doubt get expert advice from a competent fire safety specialist and refer to your previous risk assessment recommendations before making any concrete decisions.
