Believing in accessibility for all

Managed use guidance for common areas of high and low rise flats

Wolverhampton Homes (WH) takes its responsibility with regard to fire safety for residents very seriously. The Regulatory Reform (Fire Safety) Order 2005 (FSO) imposes obligations on the organisation as a duty holder for the communal parts of flats, to ensure that emergency routes and exits are clear at all times in order to safeguard the safe egress of residents. It is an offence for any responsible person to fail to comply with that obligation where that failure places one or more persons at risk of death or serious injury in case of fire.

Guidance

In striking the balance between fire safety and personalisation of communal areas, WH now adopts the advice contained within the ‘Fire safety in purpose-built blocks of flats’ as published by the Local Government Group in July 2011. The result is a common-sense approach in the spirit of the ‘managed use’ within this guidance:

  • Door mats will be acceptable so long as they are:
    • Specifically intended to be a door mat
    • With a non-slip backing material
    • In good condition and free from curling edges
    • Placed directly in front of the resident’s door
    • Not oversized (max size = width of door x 18in)
    • Not located at the top of stairs as it is a tripping hazard
    • Rugs, runners and carpet tiles will NOT be acceptable
  • Residents’ furniture will NOT be acceptable under any circumstances, including chairs, tables, cupboards, screens etc.
  • A small plant in a ceramic pot is permitted in the direct vicinity of the resident’s front door, as long as no obstruction is caused to passers-by. The following examples would NOT be acceptable; plastic flowers and plants as these are combustible, large plants such as “cheese‟ plants, yucca plants, plastic containers, vegetable racks or other storage containers, resident’s shoes, trainers etc.
  • Window sills – again, a small plant in a ceramic pot is permitted unless to do so would obstruct a doorway or fail to provide clear passage through a hallway.
  • Pictures and other wall ornaments will NOT be allowable unless provided or approved by WH. External letter boxes fixed to the wall are permissible if the resident’s front door is not fitted with a letter box or there is a specific need for the letter box to be located in this position, the letter box will need to meet the required fire-resistant standard as if fitted to a door.
  • Net curtains and other window shades will NOT be acceptable in communal areas.
  • Mobility scooters – a separate policy has been drafted to deal with the storage and charging of mobility scooters. A general policy requirement is that mobility scooters should be stored and charged within resident’s properties.
  • Bicycles, prams, pushchairs and similar items will NOT normally be permitted to be stored or located within the internal communal parts of the scheme unless there is a purpose built secure cupboard or an area capable of storage without causing obstruction.
  • Recycling receptacles, rubbish bins, etc. are NOT permitted to be stored or located within the internal communal parts of the scheme unless this is within a purpose-built area.
  • Security grills and gates must not be installed in front or behind of WH resident’s front doors. These can delay escape and delay rescue by the fire service in an emergency. Additionally, damage to decorations/wall structure during installation may cause a breach in compartmentalisation of the flat itself.
  • A wreath attached to a front door is acceptable at Christmas time. The wreath can only be attached to the ‘knocker’ – no holes to be drilled or hammered into the door. This will affect the fire safety integrity of the door if holes are made. However, you must not place additional decorations within communal landings, lobby and stairwell areas, i.e. tinsel, electrical fairy lights. Many of these items are highly flammable. Items to be displayed in common rooms must be with the permission of the fire safety team.
  • Internal drying areas are to be used for the temporary drying of washing only and these areas must be secured at all times. No other items must be stored or held in these areas. If the drying area is not used by residents these areas should remain free of any combustibles and secure.
  • Handrails, banisters or any other means of drying clothes other than the drying areas is not allowed.
  • Any other object or item that obstructs or creates trip hazards in any walkway, stair or corridor is NOT acceptable.
  • Any other object or item that presents a significant fire hazard or additional fire loading is NOT acceptable.

This policy also allows for the proportionate response to the fire risk from requests to store bicycles, pushchairs and similar subject to not causing any obstruction to any person. The above policy and any requests are managed in line with the level of fire risk identified in the building including any ASB and the general compliance of residents to the policy.

Non-compliance

Concierge and Caretakers undertake daily and quarterly checks of premises to ensure the adequacy of the fire safety provisions and will report any issues of non-compliance. These may also be identified by Tenancy Officers in performing their role and Fire Safety Officers undertaking fire risk assessments. These will be reported to the fire safety team via the Fire Safety inbox.

There is potential that some issues may be deemed serious enough to warrant the immediate removal of items. This will be confirmed by the Fire Safety team and calling cards will be posted to a flat or floor informing residents of the reason. Contact details will be left to arrange recovery of property/possessions where appropriate. High-rise buildings generally have sufficient space for temporary storage of items on the ground floor. Where an issue occurs elsewhere a suitable location will be decided upon such as Wodensfield Tower, and items transported to it by an estate caretaker and their vehicle.

For all non-compliance issues, the Fire Safety team will then forward details to the respective Tenancy Officer to action.

  1. In the first instance a letter will be delivered to the resident (if known), or if unknown the floor or if necessary, the building, highlighting the issue and pointing out the breach of tenancy agreement. The letter is a template to which the Tenancy Officer can add the details of the issue. This letter has been endorsed by the Fire Service who state they may also serve a notice. Disregarding a notice served by the Fire Service is breaking the law (Regulatory Reform (Fire Safety) Order 2005). Tenancy Officers can also contact the Fire Safety team for support in providing explanation, advice and guidance to residents.
  2. Should a resident persist with non-compliance a further letter will be issued (with the new details added) to reinforce the point which will also require that a visit is undertaken by the Fire Safety team. If there is a clear intention of non-compliance the resident will be informed that legal action may be taken by WH and that the Fire Service will be informed. If the matter appears to have been resolved the resident will be thanked for their cooperation and no further action is required. Every effort should be made to keep relations positive and although mentioned on the letter, raising the possibility of legal proceedings in the discussion will be negative. It will though, be at the Tenancy Officers discretion as to whether the threat of legal action or referral to the Fire Service is warranted.
  3. Should there be a further instance after a resident has indicated they would comply, the course of action depends on how the previous discussion was left. If legal proceedings and/or referral to the Fire service was not discussed then that discussion is had. If the possibility of legal action and or referral to the Fire Service was previously discussed, this should be the course of action. All efforts will be made to keep positive relations with residents. Therefore if the Tenancy Officer can give justification, a further opportunity to comply can be given.

Upon making the decision to proceed with legal action this will be undertaken by the Tenancy Officer and their management within the procedures that they already have established.

Where a referral to the Fire Service is required, this will be undertaken by the Fire Safety team who will continue to inform and involve the Tenancy Officer.

Unauthorised work

It is not uncommon to also find that residents have also engaged in unauthorised work which has a negative affect on the fire safety provisions for the building. This is as well as the potential risk of releasing asbestos fibres. This is one of the reasons why the tenancy agreement states that no work is allowed without seeking the written permission of WH.

Upon the discovery of unauthorised work, the Fire Safety team must be notified to assess the level of risk caused in case immediate action is required. Otherwise a resident letter will be issued by the Tenancy Officer. It states the breach of tenancy agreement and requests the removal of any items. Following which the Fire Safety team will decide upon any work required to rectify the fire safety provisions for the building.

Should there be any concern about damage to asbestos containing materials further advice will be sought from the Asbestos Safety Advisor or WH Asbestos team.