Living above a business

If you are the responsible person for a business that also provides living accommodation, you have the responsibility of keeping people sleeping at those premises safe from fire. This might include a fast food outlet with a flat on the storey above Our firefighters have attended a number of fires at businesses, such as these and including pubs, takeaways, cafes and restaurants, where people were sleeping at the premises.

These types of fires pose an increased risk of injury or death if fire safety is not sufficiently addressed. If the Responsible Person fails to meet their statutory duties, they may be liable for prosecution, which could result in a substantial fine or imprisonment.

Fires of this nature are also likely to result in significant financial loss. It is important to consider business continuity planning and how an emergency can disrupt daily business activities.

One of the most common layouts found at these fires is that the accommodation is accessed by a single unprotected staircase (i.e. not enclosed with fire resisting construction) from the main public or kitchen area of the building. This type of escape route is not acceptable and is a risk to life.

Did you know?

Floors, ceilings, and walls between commercial and residential premises are required to have a 60-minute fire resistance period. This means that if you live in a flat above a commercial premises, it should be able to hold back the fire for 60 minutes before fire spreads to your accommodation. Often through inspections, we find exit routes blocked with excess stock items, rubbish or cleaning materials.

In some cases, it may be acceptable to reduce the fire resistance period to 30 minutes, where a suitable automatic and interlinked fire alarm system is installed. This means that the fire alarm system should detect a fire in the commercial premises and sound the alarm in the residential premises; and vice versa. This reduction should be subject to the findings of a suitable and sufficient fire risk assessment.

Fire doors and escape routes really matter

Structurally speaking, flats or maisonettes within a building should have an access route that is not through the commercial premises. It is important that there are appropriate fire doors in use. That means, if there is a shared access, fire doors should separate commercial units and people’s homes. These doors should be certified fire doors and should be kept closed - not propped open for extra ventilation or storage. Your neighbours should not store rubbish or supplies in your access or escape route.

What must I do, am I responsible for putting fire safety measures in place?

If you own or manage the premises then this is your responsibility. The Fire Safety Order 2005 makes you responsible for taking steps to protect the people using your premises from the risk of fire. Your lease and tenancy agreement should state who is responsible for fire safety within the building.

Reducing the dangers

• Keep escape routes clear of flammable, combustible material and other obstructions. This includes items like bikes, plants, chairs and side tables.

• Never wedge open fire doors, or remove or tamper with door closing devices, - fire doors only protect you if they are kept closed.

• Protect/separate staircases with fire resisting construction to ensure your exit route is safe.

Gaps and holes (breaches in compartmentation)

Fire, smoke and other products of combustion can easily spread through gaps and holes in the building structure, therefore it is important to look out for the following:

• Damaged walls between the commercial premises and staircase to residential accommodation - looking out for holes or large cracks.

• A staircase which has not been underdrawn i.e. under stairs is visible or has no plasterboard or skim coat.

• Ill-fitting or damaged doors in the wall from the commercial premises to the staircase.

• Holes in the ceiling exposing the premises above.

• Holes in the floor exposing the premises below.

This is particularly important where the residential entrance is accessed via the commercial premises. A fire in the commercial premises can allow smoke and the products of combustion to enter the staircase, stopping people from escaping in the event of fire.

Where gaps or holes are identified, these should be reported to the responsible person for the premises or to the landlord and remedied as soon as possible.

Ducting

Ducting from the commercial premises running through a flat or bedsit can be dangerous too. A fire in the commercial premises ducting can allow fire to spread and heat to build up within, which could ignite a fire in the bedsit or flat above.

If the ducting is properly maintained and kept clean, this is not something to worry about, but it is important that you look out for the following:

• A strong smell of cooking, or hot fat and oil.

• Unexplained hot areas on walls, floors and in your cupboards.

• Smoke coming from strange places in your flat.

Where issues with ducting are identified, these should be reported to the responsible person for the premises or to the landlord and remedied as soon as possible.