Under the freedom of information act please provide the floowing information
For years 2022 and 2023. Please porvicde the following information for each year.
1) How many Registered HMOS have been formally inspected by a council representative during each year
2) Total Number of registered HMOs within the authority area including those not formally inspected
Whether the council is aware of any legislation that allows any council housing officer (without a warrant) to attempt to access all areas including comunal areas without having served the relevant notice to the license holder.
Whether the council is aware of any legislation that allows any council housing officer (without a warrant) to arrest or detain against their will individuals found in the HMOs
Whether the council is aware of any legislation that allows any council housing officer (without a warrant) to question under pressure tactics individuals found in the HMOs
Whether the council is aware of any legislation that allows any council housing officer (without a warrant) to seize or /or inspect the mobile phones and devices of individuals found individuals found in the HMOs
Whether the council is aware of any legislation that allows any council housing officer (without a warrant) to individual (not the relevant person) is required to prove where he / she lives when she or he moves out from the HMO
Whether the council is aware of any legislation that allows any council housing officer to inspect strictly private and confidential documentation of individuals found in the HMO at tthe time of a surprise visit conducted without a warrant and without serving th eappropriate notice to the relevant license holder.
the mobile phones and devices of individuals found individuals found in the HMOs
Of each yearly visits how many times the council asked using the statutory s235 and s16 tool to “Supply a copy of each tenancy agreement, in respect of each tenant currently occupying the premises and for the previous 12 months.”
Of each yearly visits how many times the conucil asked ussing the statutopry s235 and s16 tool to “Supply documentary evidence concerning where tenants deposits are held, if any, how much they are and certificates if appropriate.”
Of each yearly visits how many times the conucil asked ussing the statutopry s235 and s16 tool to “Supply an account of all rental receipts from all occupiers of the premises showing the payee name, room identifier, and amount received.”
Of each yearly visits how many times the conucil asked ussing the statutopry s235 and s16 tool to to “Supply a copy of the most recent Automatic Fire Detection testing certificate,”
Of each yearly visits how many times the conucil asked ussing the statutopry s235 and s16 tool to “Supply a copy of the Automatic Fire Detection weekly/monthly check log”
1
Of each yearly visits how many times the conucil asked ussing the statutopry s235 and s16 tool to “Supply a copy of any Portable appliance testing certificates within the last 2 years”
Of each yearly visits how many times the council asked ussing the statutopry s235 and s16 tool to ” Supply a copy of any Asbestos Survey carried out”
Of each yearly visit how many times the conucil asked using the statutopry s235 and s16 tool to “Provide details of any contractual arrangements for the maintenance and servicing of any fire alarm and detection system including control panel to the premises.”
Of each yearly visits how many times the conucil asked using the statutopry s235 and s16 tool (or without) to “Provide details of any contractual arrangements for the cleaning of the communal areas and shared amenities and/or for tidying of the extemal yard areas.”
Of each yearly visits how many times the conucil asked using the statutopry s235 and s16 tool (or without using it) to “Provide any building control approval, with plans and supporting. documentation, for the installation of any bathroom in the HMO.”
SCHEDULE REFERRED TO IN THE ENFORCEMENT NOTICE REQUIRING STEPS TO BE TAKEN UNDER
ARTICLE 30 OF THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005 ISSUED BY THE
LINCOLNSHIRE FIRE AND RESCUE AUTHORITY ON 8 NOVEMBER 2024
Name and Address of Premises: 63 CANWICK ROAD, LINCOLN, LN5 8HE
UPRN: 235026902
Where appropriate, a plan may form part of this Schedule to illustrate the steps which, in the opinion
of the Fire and Rescue Authority, need to be taken in order to comply with The Regulatory Reform
(Fire Safety) Order 2005.
Note: Notwithstanding any consultation undertaken by the Fire and Rescue Authority, before you
make any alterations to the premises, you may need to apply for approval from either the
Local Authority Building Control or an Approved Inspector and/or the approval of any other
bodies having a statutory interest in the workplace.
SCHEDULE
The details of matters which are considered to be failures to comply with The Regulatory Reform
(Fire Safety) Order 2005 and The Fire Safety (England) Regulations 2022 and where relevant their
location are detailed below followed by the steps considered necessary to remedy the failures.
References to guides quoted in the specification of work stated below refer to the LACoRS
Communities and Local Government Risk Assessment Guide for Sleeping Accommodation and
Housing.
Duty to take General Fire Precautions
DEFICIENCY – Article 8(1) (b)
You have failed to take ‘general fire precautions’ to ensure the safety of persons who are not your
employees, ‘general fire precautions’ in relation to premises means:
(a) Measures to reduce the risk of fire on the premises and the risk of the spread of fire on the
premises; False no reasoning or proof provided.
(b) Measures in relation to the means of escape from the premises; False, all escape routes were always clear, this can be proven with wideo evidence if needed in the relevant setting.
(c) Measures for securing that, at all material times, the means of escape can be safely and
effectively used; False
(d) Measures in relation to the means for fighting fires on the premises; The fire blacket is now in place , however to the best of our knowledge no other HMO is reqyired to have the tenants to use fire fighting equipment.
(e) Measures in relation to the means for detecting fire on the premises and giving warning in
case of fire on the premises; and
(f) Measures in relation to the arrangements for action to be taken in the event of fire on the
premises, including –
(i) Measures relating to the instruction and training of employees; and NO employees on PAYE are on site. This is a dwellinghouse.
(ii) Measures to mitigate the effects of the fire. Please specify those measures, all fire detection system had been working consistetly.
Steps Required
Consider the following areas and implement suitable measures to resolve:
1. All electrical installations should be regularly inspected by a competent electrical engineer
appointed by you, or on your behalf, in accordance with the Electricity at Work
Regulations 1989 (EAW Regulations). The use of low voltage equipment should conform to
the requirements of the Electrical Equipment (Safety) Regulations 1994, including the
requirement to be CE marked. The EICR appears to be for a domestic installation as it
states 10 years inspection period. An inspection every five years is recommended for all
types of premises and is a legal requirement.
Fire Safety Risk Assessment Guide Reference
Section 32.11
Date to be completed by 3 January 2025 This was already in place and submitted to the council prior to the applicatgion for the License.
Risk Assessment
DEFICIENCY – Article 9(1)
For the purposes of identifying the measures required in order to comply with Article 9 (1) of the
Regulatory Reform (Fire Safety) Order 2005, the ‘Responsible Person’ must carry out a suitable and
sufficient fire risk assessment. Where five or more people are employed, the premises are licensed
or an alterations notice requiring it is in force, then the significant findings of the fire risk
assessment, the actions to be taken as a result of the assessment and details of anyone especially at
risk must be recorded.
• A fire safety risk assessment has not been carried out. False
Steps Required
Conduct a suitable and sufficient fire safety risk assessment.
Information on how to carry out a fire risk assessment has been published by HM Government in the
form of a series of Fire Safety Risk Assessment Guides for different uses of premises. They are
available for free download at https://www.gov.uk/workplace-fire-safety-your-responsibilities/fire-
risk-assessments or can be purchased at bookshops. If the ‘Responsible Person’ does not have the
necessary experience or expertise to do this, one or more competent persons must be appointed to
assist. Where there is a competent person in the Responsible Person’s employment, that person
must be appointed in preference to a person not familiar with the business.
Fire Safety Risk Assessment Guide Reference
Section A.55
Date to be completed by 3 January 2025
Fire Safety Arrangements
DEFICIENCY – Article 11(1) & (2)
• An emergency plan has not been prepared. To be completed
Steps Required
The responsible person (the licensee, landlord or managing agent) has a duty to ensure that the day-
to-day management of fire safety in the premises is properly undertaken and that essential routine
maintenance and emergency repairs are properly carried out. This is not only common sense and good
practice, but also an obligation in law for those premises to which The Management of Houses in
Multiple Occupation Regulations 2006 and the FSO apply. This is done anyway
Fire Safety Risk Assessment Guide Reference
Section 32
Date to be completed by 3 January 2025
Fire-Fighting Equipment
DEFICIENCY – Article 13(3) (a)
Measures for fire-fighting in the premises are inadequate to protect ‘relevant persons’ from the risk
of fire.
• No fire-fighting equipment is provided ie. Extinguishers or fire blankets
Steps Required
Consideration should be given to providing fire-fighting equipment to protect ‘relevant persons’ from
the risk of fire posed by:
In order to provide a facility for extinguishing small fires in their early stages, a simple multi-purpose
extinguisher is recommended on each floor in the common parts of HMOs and buildings containing
flats. It will not usually be practical to train tenants in the use of these, but basic advice should be
offered at the start of each new tenancy. Fire blankest ok but fire extinguishers not a requirement, according to other fire risk assessors no block of flats and dwellinghouses (HMOS) have the requirement to put in place fire extinguishers because the dwellinghouse or dwellinghouses cannot have a onsite permanent emplyoyee to be trained on their safe use. We can chech how many HMOS have been formally required to install fire extinguishers
Fire Safety Risk Assessment Guide Reference
Section 25
Date to be completed by 3 January 2025
Emergency Routes and Exits
DEFICIENCY – Article 14(1)
In the event of danger, it must be possible for persons to evacuate the premises as quickly and safely
as possible. The escape routes did not meet this requirement because a 30 minute protected route is
required. The protected route should be maintained free of any obstructions and/or fire risks.
1. There are fridge freezers plugged in on the escape route. (please explain how this is ea legal requirement)
2. The electric distribution board is located on the escape route. This is admissible show where this is not allowed in the legislation.
3. The external escape route is obstructed by bins and rubbish questionable.
Steps Required
1. Corridors and stairways that form part of escape routes should be kept clear and hazard free
at all times. Items that may be a source of fuel or pose an ignition risk should not normally
be located on any corridor or stairway that will be used as an escape route.
It is noted that these items were removed immediately after the visit
2. Electric meters or distribution boards should not be located on escape routes. If this is
unavoidable, they should be enclosed in fire resisting construction. Please confirm how this is a legal requirement.
3. External escape routes should receive routine inspection and maintenance to ensure they
remain suitable for use. It is noted that this area was cleared immediately after the visit
Fire Safety Risk Assessment Guide Reference
We do not own any external escape route.
Sections 9, 15, 21 and 32.4.
Date to be completed by 3 January 2025
Maintenance
DEFICIENCY – Article 17(1)
The premises and any facilities, equipment and devices provided in respect of Article 4 of this Order
must be subject to a suitable system of maintenance; maintained in an efficient state; in efficient
working order and in good repair. Details of this activity should be recorded.
1. The fire alarm system is inadequately maintained. False please provide evidence.
2. The emergency lighting is inadequately maintained. False pleasxe provide evidence.
Steps Required
1. Fire alarm
The control and indicating equipment should be checked at least every 24 hours to ensure there are
no specific faults. Please note that we are not aware of this legal requirement. Graace A fire alarm panels self check the system every 30 seconds. If a fault occur the pannel start making a very annoying beeping noise and the occupiers are unable to cope with this noise, hence they contact management.
All types of fire warning systems should be tested once a week. For electrical systems a manual call
point should be activated (using a different call point for each test), usually by inserting a dedicated
test key. This will check that the control equipment is capable of receiving a signal and in turn,
activating the warning alarms. Manual call points may be numbered to ensure they are sequentially
tested.
Six monthly servicing and preventive maintenance should be carried out by a competent person with
specialist knowledge of fire warning and automatic detection systems. This task is normally fulfilled
by entering into a service contract with a specialist fire alarm company.
Further guidance on testing and maintenance of fire warning systems can be found in BS5839-1 or
BS5839-6. Your documentation should be available for inspection by representatives of the
enforcing authority.
2. Emergency lighting
Daily – Indicators of central power supply should be visually inspected for correct operation.
Monthly – Simulate power failure to normal lighting for a period sufficient to ensure that each lamp
is illuminated. During this period, all luminaires and signs shall be checked to ensure that they are
present, clean and functioning correctly. At the end of this test period, the supply to the normal
lighting should be restored and any indicator lamp or device checked to ensure that it is showing that
the normal supply has been restored.
Annually – As for the monthly check, but for the full rated duration of the emergency lights (normally)
3 hours for this type of premise, further details if required are available from BS 5266-1). Because of
the possibility of the failure of normal lighting occurring shortly after this test, then wherever possible
this test should be performed while the building is empty, at times of minimal risk or alternate
luminaires tested at any one time so that the building has a charged luminaire next to the unit under
test. These precautions are needed because the emergency lighting system is not fully functional until
the batteries have had time to recharge following their discharge.
Depending on your type of installation you should be able to carry out most of the routine tests
yourself. The test method will vary. If you are not sure how to carry out these tests you should
contact your supplier or other competent person. Your documentation should be available for
inspection by representatives of the enforcing authority.
Fire Safety Risk Assessment Guide Reference
Section 8, Appendix A and Appendix B of the Sleeping Accommodation Guide
Date to be completed by 3 January 2025
Maintenance
DEFICIENCY – Article 17(1)
The premises and any facilities, equipment and devices which are required by Article 4 of this Order
must be subject to a suitable system of maintenance; must be maintained in an efficient state; in
efficient working order and in good repair. Details of this activity should be recorded.
Whilst a comprehensive survey was not conducted, the following structural fire precautions are
inadequately maintained:
• Some fire resisting doors are missing combined intumescent cold smoke seals. Rectified
• Some fire resisting doors have excessive gaps. Based on what parameters?
Steps Required
The issues mentioned above must be suitably addressed.
Ensure regular inspection, maintenance and repair of any damage to fire resisting doors by a
competent person. Effective fire-resisting doors are vital to ensure that the occupants can evacuate
to a place of safety. Correctly specified and well-fitted doors will hold back fire and smoke
preventing escape routes becoming unusable, as well as preventing the fire spreading from one area
to another. Any necessary adjustment and repairs should be made in accordance with BS 8214.
Fire Safety Risk Assessment Guide Reference
Sections 19 and 21
Date to be completed by 3 January 2025
Provision of information to residents of domestic premises
DEFICIENCY – Article 21A
• Relevant information has not been shared with tenants.
Steps Required
RPs of a building containing two or more sets of domestic premises are to provide residents with
relevant fire safety information in a format that is easily understood by the residents, including:
• any risks to residents identified in the fire risk assessment
• the fire safety measures provided for the safety of any or all occupants (such as the means of
escape, the measures to restrict the spread of fire and what people should do in the event of
a fire)
• the name and UK address of the Responsible Person
• the identity of any person appointed to assist with making or reviewing the fire risk
assessment
• the identity of any competent person nominated by the Responsible Person to implement
firefighting measures
• any risks to relevant persons throughout the building that have been identified by other
Responsible Persons in the building
Fire Safety Risk Assessment Guide Reference
REGULATION 9
Date to be completed by 3 January 2025
NOTES TO ACCOMPANY ENFORCEMENT NOTICE
SERVED UNDER ARTICLE 30 OF
THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005
1 Application to premises. The Regulatory Reform (Fire Safety) Order 2005, subject to
paragraphs 6 (1) (a) to (g) below, applies to any premises.
2 The Order does not apply in relation to (Article (a) to (g)) –
6 (1)(a) Domestic premises;
Note: Where the premises are, or consist of, a house in multiple occupation
this Order applies in relation to those parts of the premises which are not
domestic premises;
6 (1)(b) An offshore installation within the meaning of regulation 3 of the Offshore
Installation and Pipeline Works (Management and Administration)
Regulations 1995;
6 (1)(c) A ship, in respect of the normal ship-board activities of a ship’s crew which
are carried out solely by the crew under the direction of the master;
6 (1)(d) Fields, woods or other land forming part of an agricultural or forestry undertaking
but which is not inside a building and is situated away from the undertaking’s
main buildings;
6 (1)(e) An aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means
of transport or a vehicle for which a licence is in force under the Vehicle Excise
and Registration Act 1994 or a vehicle exempted from duty under that Act;
6 (1)(f) A mine within the meaning of section 180 of the Mines and Quarries Act 1954,
other than any building on the surface at a mine;
6 (1)(g) A borehole site to which the Borehole Sites and Regulations 1995 apply.
3 You may appeal (under Article 35 of the Order) against an enforcement notice served (under
Article 30 of the Order). The appeal must be made within 21 days from the day on which the
notice is served, to the Magistrates’ Court for the area in which your premises is situated and
may be brought on the grounds that you think that:
(a) The service of an Enforcement Notice was based on an error of fact
(b) The service of the Enforcement Notice was wrong in law
(c) The Fire and Rescue Authority erred in the exercise of their discretion in serving the
Enforcement Notice
Without prejudice to the breadth of the grounds of appeal set out in paragraphs (a) to (c)
above, examples of situations in which an appeal may lie are where,
(a) You dispute any of the facts in the Notice which detail the steps which have to be
taken in order to comply with any provision of the Order.
(b) You think that an unreasonable time period has been set for the taking of the steps
set out in the notice.
In addition to your right of appeal to a Magistrates’ Court, Article 36 of the Fire Safety Order
provides for a determination of disputes by the Secretary of State in certain circumstances.
This process applies only where:
(1) The responsible persons accepts that a failure to comply with any provision of the
Order exists,
(2) The areas of dispute relate only to the measures necessary to remedy that failure, and
(3) Both you and the Fire and Rescue Authority agree to refer the dispute to the Secretary
of State
Should you wish to consider this approach you should contact the Officer referred to above
within fourteen days from the day on which the notice is served on you.
4 The Fire and Rescue Authority may grant, at their discretion, an extension (or further
extension) of time specified for the steps to be taken if an appeal against the Notice is not
pending. Application for an extension of time should be addressed to: The Chief Officer, (Fire
Safety Enforcement), Lincolnshire Fire and Rescue, Churchill Avenue, Skegness, PE25 2RN.
5 Failure to comply with any requirement imposed by an Enforcement Notice served under
Article 30 of the Order within the time specified in the Notice (or such further time as the Fire
and Rescue Authority may, at their discretion, grant) is a criminal offence under Article
32(1)(d) of the Order. A person guilty of such an offence shall be liable,
(a) On summary conviction to a fine not exceeding the statutory maximum;
Or;
(b) On conviction on indictment, to a fine or to imprisonment for a term not exceeding
two years, or both.
6 In any proceedings for an offence referred to above, where the commission by any person of
an offence under the Order, is due to the act or default of some other person, that person is
guilty of the offence, and a person may be charged with and convicted of the offence whether
or not proceedings are taken against the first mentioned person.
7 Nothing in the Order operates so as to afford an employer a defence in any criminal
proceedings for a contravention of those provisions by reason of any act or default of an
employee or person nominated to implement measures for firefighting and procedures for
serious and imminent danger and for danger areas, and appointed to assist him/her in
undertaking such preventive and protective measures as necessary.
8 Subject to Note 7, in any proceedings for an offence under the Order, except for a failure to
comply with articles 8(1) (Duty to take general fire precautions) or 12 (Elimination or reduction
of risks from dangerous substances), it is a defence for the person charged to prove that
he/she took all reasonable precautions and exercised due diligence to avoid the commission
of such an offence.
9 If you are the responsible person you are under an obligation to comply with the provisions of
the Order or of any regulations made under it. If you have failed to comply and you and the
Fire and Rescue Authority cannot agree on the measures which are necessary to remedy the
failure(s). Under article 36 of the Order you and the Fire and Rescue Authority may agree to
refer the question, as to what measures are necessary to remedy the failure(s), to the
Secretary of State for a determination.
10 It should be noted that, in order to satisfy the “Environment and Safety Information Act
1988” the Fire and Rescue Authority is obliged to enter details of any Enforcement Notice into
a register to which the public have access. If you feel that any such entry would disclose secret
or confidential trade or manufacturing information, then you should appeal in writing to the
Authority within a period of fourteen days following the service of the Notice.
11 To assist with administration procedures, it would be helpful if you could quote the UPRN
reference (at the top of the notice) when dealing with the Fire and Rescue Authority.
STANDARD TERMS AND DEFINITIONS
FIRE RESISTING (FIRE RESISTANCE): The ability of a component or construction of a building to satisfy,
for a stated period of time, some or all of the appropriate criteria specified in the relevant British
Standard.
INTUMESCENT STRIPS: A strip of material placed along the door edges (excluding the bottom edge),
or frame, that will react to heat by expanding to form a seal to the passage of hot gases and flame.
SMOKE SEAL: A flexible strip of material (often used in conjunction with an intumescent strip) placed
along the door edges or frame to limit the spread of cold smoke during the early stages of a fire.
SELF-CLOSING DEVICE: A device which is capable of closing the door from any angle and against any
latch fitted to the door. Rising butt hinges are not acceptable.
AUTOMATIC DOOR RELEASE: A device, linked to (or operated by the sound of) the fire alarm system,
that when fitted to a fire resisting self closing door, enables it to be held open during normal working
conditions.
EMERGENCY ESCAPE LIGHTING: That part of the emergency lighting system provided for use when
the electricity supply to the normal lighting fails so as to ensure that the means of escape can be safely
and effectively used at all times.
RISK ASSESSMENT: An organised appraisal of your activities and premises to enable you to identify
potential fire hazards, and to decide who (including employees and visitors) might be in danger in the
event of fire, and their location. You will then evaluate the risks arising from the hazards and decide
whether the existing fire precautions are adequate, or whether more needs to be done. It will be
necessary for you to record your findings (if you have five or more employe