New regulations for January 2023

From 23 January 2023, the Fire Safety (England) Regulations 2022 will make it a LEGAL REQUIREMENT to undertake quarterly inspections of fire doors (including self-closing devices) in the common areas of all multi-occupied residential buildings in England which are over 11 metres in height or 5 storeys (whichever is reached first).  Multi-occupied is two dwellings or more.

Fire doors in the common areas of multi-occupied property below 11 metres is also in scope of the regulations as is the inspection of individual flat entrance doors.

Note that regulations are the minimum requirement and given the introduction of a LEGAL requirement for certain doors, we suggest it would be unwise to exclude any fire door from an inspection regime.

This new requirement will create the need for an audit trail of inspection reports as evidence. 

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We have included here the text from the Gov website - but find it to be written in a way which to some may be ambiguous or unclear (as it usually the intention).

 

The Fire Safety (England) Regulations 2022 will make it a legal requirement

from 23 January 2023 for responsible persons for all multi-occupied

residential buildings in England with storeys over 11 metres in height to:

 

1. undertake quarterly checks of all fire doors (including self-closing devices) in the common parts. (And produce a report per door and update the fire strategy)

2. undertake – on a best endeavour basis – annual checks of all flat entrance doors (including self-closing devices) that lead onto a building’s common parts.  (And produce a report per door and update the fire strategy).

 

The new regulations will also require responsible persons to provide to residents

of all multi-occupied residential buildings that have common parts, information on the importance of fire doors to a building’s fire safety.

 

Why has this been introduced?

The Grenfell Tower Inquiry in the Phase 1 report noted that “Fire doors play

an essential role in preventing or inhibiting the spread of smoke and toxic

gases and in preserving the effective compartmentation of buildings.”

 

However, the Inquiry noted that the fire doors in Grenfell Tower did not, due to damage and/or disrepair, act in the way that they should so that they prevent smoke and gases from spreading.

 

In addition, the Inquiry recommended (Recommendation 33.30) that all those

who have responsibility for the condition of the entrance doors to individual

flats in high-rise residential buildings be required by law to ensure these doors comply with current standards.

 

Problems with access

Residents should be encouraged to allow responsible persons access to

check their flat entrance doors. Use can be made of the information to

residents required by these regulations, or other resident engagement

strategies.

 

If access cannot be achieved, the responsible person should gather evidence

of the steps they have taken to discharge this duty. This could include

correspondence between the responsible person and resident seeking

permission to gain access.

 

Minimum requirements for inspections of fire doors

There are minimum requirements to be considered when surveying/inspecting a fire door.  The minimum requirements must be met for the fire door to be considered safe and fit for purpose.

 

If any issues are identified from these checks, it would be appropriate to engage a specialist fire door maintenance person to undertake repairs or replacement.

 

 

Checks of fire doors in buildings below 11 metres

The regulations do not replace the existing duty-of-care for a responsible person to

put in place general fire precautions in any premises covered by the Fire

Safety Order, regardless of the building’s height.

 

The Fire Safety Act 2021 has clarified that in any residential building which

contains two or more sets of domestic premises are within the scope of the

Fire Safety Order.

 

Responsible persons for residential buildings below 11 metres in height have

a duty-of-care to put in place general fire precautions in these buildings, this duty

includes making sure that all fire doors – including flat entrance doors – are

capable of providing adequate protection.

 

Responsible persons will also be required to provide residents in all

residential buildings with two or more sets of domestic premises with

information on fire doors.