Enforcement of Isle of Man Flat Fire Regulations

Summary

The requester sought clarification on the enforcement of flat fire regulations, the Fire Service's duty of care, and statistics on repeat landlord breaches. The Department of Home Affairs confirmed that the Fire Safety Department enforces the regulations, compliance is the owner's responsibility, and no specific policy exists regarding the number of breaches required for enforcement.

Key Facts

• The Department of Home Affairs, specifically the Isle of Man Fire and Rescue Service Fire Safety Department, is responsible for enforcing the Fire Precautions (Houses in Multiple Occupation & Flats) Regulations 2016.
• The legal requirement to comply with fire regulations sits with the property owner or occupier, not the Fire Service.
• Prosecutions are only considered when other measures to achieve compliance have been exhausted or the contravention is serious.
• There is no specific policy defining how many times a landlord must breach regulations before enforcement action is taken.
• Enforcement decisions are based on multiple factors rather than just the frequency of breaches.

Data Disclosed

• 2019-03-11
• 2019-03-20
• 2016
• 762066
• IM2 5AP

Original Request

On the 11th February 2019 I made a complaint to Isle of Man Fire Service of a faulty fire alarm system in a block of flats that contained babies as well as other tenants. The alarm was still faulty a month later, when I requested why to Isle of Man Fire Service they advised me to contact the landlord. The response from Isle of Man Fire Service raises very important issues that I would like clarifying. 1. Who is responsible for enforcing the Isle of Man Flat Fire Regulations in the Isle of Man. 2. Do the Isle of Man Fire Service have a duty of care to ensure a flat complies if it is breaching the flat fire regulations. 3. How many times does a landlord have to breach the fire regulations before enforcement is taken and how many landlords are on record at Isle of Man Fire Safety , that have breached the regulations more than once, without enforcement being taken against them.

Data Tables (1)

Full Response Text

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694313 Fax: (01624) 621298 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 762066 20 March 2019

Dear ###

We write further to your request which was received on 11 March 2019.

Our response to your request is as follows: I have detailed below the information that is being released to you.

1. Who is responsible for enforcing the Isle of Man Flat Fire Regulations in the Isle of Man. The responsibility to enforce the Fire Precautions (Houses in Multiple Occupation & Flats) Regulations 2016 sits with the Department of Home Affairs, and is undertaken by the Isle Of Man Fire and Rescue Service (FRS) Fire Safety Department. The Fire Safety Department will endeavour to work with owners and occupiers of properties in order to assist them to achieve compliance, prosecutions are only considered when all other measures have been exhausted or where the contravention is so serious that legal action is appropriate.
2. Do the Isle of Man Fire Service have a duty of care to ensure a flat complies if it is breaching the flat fire regulations. The requirement to comply with the Fire Precautions (Houses in Multiple Occupation and Flats) Regulations 2016 sits with the owner/occupier and reports of non- compliance will be investigated by the FRS Fire Safety Department.
3. How many times does a landlord have to breach the fire regulations before enforcement is taken and how many landlords are on record at Isle of Man Fire Safety , that have breached the regulations more than once, without enforcement being taken against them. The FRS does not have a specific policy in regard to number of breaches. As stated above, the Fire Safety Department will endeavour to work with owners and occupiers of properties in order to assist them to achieve compliance. If enforcement action is

considered this would be based on a number of factors and not just the number of occasions that breaches have occurred. Please quote the reference number 762066 in any future communications.

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I will now close your request as of this date.

Yours sincerely