Chapter 1: INTRODUCTION

1. This guide has been produced to assist those who have responsibility for ensuring fire safety in certain flats, maisonettes and other small premises which provide sleeping accommodation in Scotland. The Fire (Scotland) Act 2005, as amended, introduced changes to fire safety law in Scotland and repealed previous fire safety legislation. Sections 53, 54 and 56 of the Fire (Scotland) Act 2005 place a duty on employers, employees, managers, owners and others in relation to fire safety. The guide may also be helpful to all other persons with a role in ensuring fire safety in premises providing sleeping accommodation.

2. Fire can pose a serious risk to the occupants of premises providing sleeping accommodation. People are vulnerable to fire when asleep and the level of risk increases at night, particularly when they are sleeping in unfamiliar accommodation. This guide will assist owners, managers, staff, landlords/managing agents and, in some cases, residents/tenants to achieve a fire safe environment in their premises and will also assist in achieving compliance with fire safety law. Fire safety risk assessment underpins the law and should be the foundation for all the fire safety measures in the premises.

3. This guidance has been prepared by the Scottish Government, and is one in a series of guidance documents aimed at offering fire safety advice for different types of premises. In Scotland, this guide supersedes the use of the following guidance documents in respect of fire safety in applicable flats, maisonettes and other small premises:

Guide to Fire Precautions in Premises used as Hotels and Boarding Houses which Require a Fire Certificate. (ISBN 0 11 341005 0)
Fire safety management in Hotels and Boarding Houses (ISBN 0 11 340980 X)
Fire Safety at Work. (ISBN 0 11 340905 2)
Fire safety: An employer’s guide. (ISBN 0 11 341229 0)
Mandatory Licensing of Houses in Multiple Occupation: Guidance for Licensing Authorities (ISBN 0 7559 4240 X)
Houses in Multiple Occupation: A Guide for Landlords (ISBN 0 7559 4241 8)

4. In the event that this guide is read by persons with duties under the Fire (Scotland) Act 2005, as amended, and those persons feel unable to apply the guidance, then they should seek assistance from someone with sufficient technical knowledge. In this respect, the Fire and Rescue Authority or Joint Fire and Rescue Board, as principal enforcer of the legislation, cannot undertake the role. However, the authority does have a statutory requirement to provide general advice on request about issues relating to fire safety and should be able to provide information and advice which will assist dutyholders to understand their obligations under the law.