Agenda item

The Committee considered the following report:

 

“1.0      Purpose of Report or Summary of main Issues

 

1.1       The Department of Health opened consultations on 9 April 2018 on proposals to make amendments to the Fire and Rescue Services (Northern Ireland) Order 2006. The consultation period ends on 3 June 2018.  This paper provides background information and includes a draft response, for Members’ approval.

 

2.0       Recommendations

 

2.1       The Committee is;

 

·        Invited to consider and endorse the draft consultation response.

 

3.0       Key Issues

 

3.1       At the meeting of 13 October 2015, the Committee approved a response to a consultation from the Department for Social Development Committee on the (then) proposed Houses of Multiple Occupation (HMO) Bill.  The response included the following City Council concerns regarding Fire Safety Measures proposed in the Bill:

 

            The Council requested that the Bill and any future regulation/guidance allow for the Councils and NIFRS to agree local arrangements and protocols around the regulation and enforcement of Fire Safety in HMO’s’.

 

3.2       The Department of Health is now proposing to make amendments to the Fire and Rescue Services (Northern Ireland) Order 2006. 

 

3.3       The operation of the HMO licensing scheme will be the responsibility of councils. Councils will carry out all the checks/inspections (including fire safety) required to license or otherwise an HMO.

 

3.4       In order to facilitate the provisions and policy intent of the HMO Act, the Department of Health proposes to amend the 2006 Order to allow the Chief Fire and Rescue Officer to delegate fire safety inspection for ‘relevant premises’ rather than just ‘work places’ which the current Article 33.(5) specifies.

 

3.5       Under the current registration scheme the regulation of Fire Safety matters is the responsibility of the NIHE HMO team.  These amendments would mean that the Chief Fire and Rescue Officer could authorise suitably trained and competent Council staff to undertake fire safety inspections in HMOs. This will allow for the existing arrangements to be continued into the new Licensing Regime.

 

3.6       A Memorandum of Understanding (MoU) will be agreed between local councils and the Northern Ireland Fire & Rescue Service (NIFRS). The memorandum will include a detailed training and competency framework in relation to Fire Safety Inspections, Auditing, Enforcement and the handling of evidence in accordance with Police & Criminal Evidence NI Order 1989 (PACE) for designated HMO officers. 

 

3.7       A draft response to the consultation paper is attached as Appendix 1 (below).  The draft response supports the amendments as being necessary and sufficient to achieve the requirements outlined. 

 

            Financial & Resource Implications

 

3.8       It is anticipated that all costs associated with the new HMO licencing scheme will be met by fee income.

 

            Equality or Good Relations Implications

 

3.9       No equality or Good Relations implications have been identified.”

 

 

Appendix 1

 

Draft response

 

Belfast City Council welcomes the opportunity to provide a detailed response to this consultation.

 

The proposals to make amendments to the Fire and Rescue Services (Northern Ireland) Order 2006 is of particular importance to the Council for the following reasons:

 

Background

 

Article 50 of the Order of 2006 gives the meaning of a relevant premise, Article 50(1)(a)

excludes domestic premises from the definition of a relevant premise and Article 50.(6) for the purposes of Article 50.(1) provides a definition of a domestic premise.  This has the effect of removing responsibility for fire safety inspection and enforcement in common areas that exist in flats and apartment blocks (stairs, passageways, gardens and yards etc.) of domestic premises from NIFRS.

 

The City Council understands that the Department see this as a significant risk, and notes that the Department proposes to make NIFRS responsible for fire safety enforcement in the common areas of domestic premises such as flats and apartment blocks.

 

 

The Houses of Multiple Occupation (HMO) Act received Royal Assent in May 2016.

 

The operation of the HMO licensing scheme will be the responsibility of local District Councils. District Councils will carry out all the checks/inspections (including fire safety) required to license or otherwise a HMO.

 

The Department of Communities are working towards the implementation of the HMO Act with a commencement date of the 1 April 2019.

 

To facilitate the provisions and policy intent of the HMO Act the Department of Health proposes to amend the 2006 Order to allow the Chief Fire and Rescue Officer to delegate fire safety inspection for “relevant premises” rather than just “work places” which Article 33.(5) specifies.

 

Additionally Article 33.(3) and 52.(1) only empowers “fire and rescue officers” to undertake fire safety / enforcement inspections, by amending both Articles to “people” this will allow the delegation of authority to suitably trained and competent District Council staff to undertake fire safety inspections in HMOs.

 

Amendments

 

To amend Article 50.(6) to exclude common parts from the definition of domestic premises

 

To amend Article 33.(5) from “ workplaces” to “relevant premises”

 

To amend Articles 33.(3) and 52.(1) from “fire and rescue officers” to “persons”

 

What it means

 

The City Council welcomes the proposal that the Chief Fire and Rescue Officer can authorise suitably trained and competent District Council staff to undertake fire safety inspections in HMOs.  This will allow for the existing arrangements to be continued into the new Licensing Regime. 

 

The City Council welcomes the proposal that a Memorandum of Understanding (MoU) will be agreed between local councils and NIFRS.  The memorandum will include a detailed training and competency framework in relation to Fire Safety Inspections, Auditing, Enforcement and the handling of evidence in accordance with PACE for designated HMO officers.

 

Views sought on the proposals

 

The consultation document consults on the proposal to make amendments to the Fire and Rescue Service (Northern Ireland) Order 2006, which the City Council welcomes, and responds to the following questions:

 

Q1.       Do you agree that the proposed amendments are necessary to achieve the requirements outlined previously? -  The Council is satisfied that the amendments are necessary.

 

Q2.       Are the proposed amendments sufficient to achieve the requirements outlined previously? Subject to a Memorandum Of Understanding (MOU) being agreed between the NIFRS AND local Councils. Belfast City Council is satisfied that the amendments are sufficient to achieve the requirements outline in the consultation document.   It should be noted that any MOU will be subject to any future fee income being set at a level that will ensure full cost recovery.

 

 

            The Committee endorsed the draft response to the Department for Heath consultation, relating to Amendments to the Fire Service and Rescue Order 2006.