The LWF Blog

Fire Safety for Facilities Management Personnel – Fire Safety Regulation in Scotland – Part 44

May 4, 2020 12:20 pm

Lawrence Webster Forrest (LWF) is a specialist fire engineering and fire risk management consultancy whose aim is to give information on best practice in fire safety for facilities management personnel through this blog series. In part 43, LWF began to consider the relevant fire safety legislation in Scotland for existing buildings and in part 44, we look at the scope of the Fire (Scotland) Act.

Part 3 of the Fire (Scotland) Act 2005 is primary and Fire Safety (Scotland) Regulations 2006 is secondary legislation. Both parts together comprise legislation which is equivalent to the regulations for fire safety in existing buildings in England and Wales.

Equivalent legislation does not mean that it is the same. While there are very many similarities, differences between the Regulatory Reform (Fire Safety) Order (RRFSO) and the Scottish legislation remain.

One of those differences is that the Fire (Scotland) Act uses the term ‘relevant premises’ – something which is not included in the Fire Safety Order, which uses the term ‘premises’. Relevant premises are premises, other than specified exceptions which are defined within Section 78 of the Fire (Scotland) Act, as follows:

a) Domestic Premises
b) Mines and Offshore Installations
c) Ships in respect of normal shipbound activities of a ship’s crew that are carried out solely by the crew under direction of the master
d) Borehole sites to which the Borehole Sites and Operations Regulations 1995, apply.
e) Agricultural or forestry land not in buildings and situated away from the undertaking’s buildings.

Domestic premises are defined as ‘premises occupied by a private dwelling (including a stair, passage, garden, yard, outhouse or other appurtenance of such premises which is used in common by the occupants of more than one dwelling)’

Some domestic premises are excluded from this definition within the Fire (Scotland) Act, including houses of multiple occupation (HMOs) which must be subject to a licence under the Civic Government (Scotland) Act 1982.

In addition, some premises would come within this category, if they were not subject to a management control order under Section 74 of the Antisocial Behaviour, etc (Scotland) Act 2004.

Section 78(5) of the Fire (Scotland) Act also excludes from the definition of domestic premises, care homes, school care accommodation, independent healthcare premises and secure accommodation, as defined within the Regulation of Care (Scotland) Act 2001.

In part 45, LWF will continue to look at the similarities and differences between fire safety legislation in Scotland and in England and Wales. In the meantime, if you have any queries about your own facilities or wish to discuss this blog series, please contact LWF on freephone 0800 410 1130.

Lawrence Webster Forrest is a fire engineering consultancy based in Surrey with over 25 years’ experience, which provides a wide range of consultancy services to professionals involved in the design, development and construction and operation of buildings.

While care has been taken to ensure that information contained in LWF’s publications is true and correct at the time of publication, changes in circumstances after the time of publication may impact on the accuracy of this information.

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