Case Studies from the B&B Sector

What follows is a representative selection of extracts from correspondence received by the B&B Association, one of the Campaign's supporters, from B&B owners from around the UK. We have removed names and address details to preserve their anonymity, though may indicate the county so that the Fire Authority concerned can be identified.

These show the strength of feeling about disproportionate treatment, the inconsistency of application of the regulations across the country, the burden of new regulations generally as well as the RRFSO in particular, and the complete confusion about the situation – which seems also to extend to some fire departments.

We have deliberately left in some tangential comments about other regulations etc., in order to help convey the strength of feeling amongst B&B owners, and the regulatory context in which the RRFSO came into effect, compounding the burden from several new areas of regulation felt by these very small businesses.

We think that the following selection of comments and case studies, read as a whole, gives a good picture of the confusion, sense of unfairness – and often sheer despair – being felt around the country.



FR1 – Powys:

I have always had a fire certificate and thought that the new regs would just be a matter of doing a fire risk assessment. However it seems that British Standards have changed and I now have to have smoke detectors in all the bedrooms which I did not need originally.

The fire officer is extremely bureaucratic and is going to issue a prohibition notice if I do not comply by [date]. The work will cost in excess of £2000.

Yesterday I saw my MP, who was extremely sympathetic, and has said that he will raise the matter as a parliamentary question. He is also going to recommend that grants be given to help towards the costs. Unfortunately he is a Liberal Democrat so I don't suppose anyone will listen, he also talked about going to the press.

This will of course not help me, but if enough people make a noise it might help all those who are going to have to put in a full system which I reckon could cost £15,000.

I think the situation is really dire and worrying, it is good to find that someone at least is awake to what is happening.

[Below is] something I wrote last night which I thought of sending to the press. Maybe you could use it?:

The End of Bed and Breakfast?

I suppose that there are those who would think ‘about time too’, but for many people B&B in Britain is the way they spend their holidays, and for tourists from abroad it is a popular way to see inside people’s homes and talk to ordinary people while visiting the country. It is also beginning to become fashionable with the arrival of more upmarket B&Bs in some areas. In rural areas it is an important source of income for people who would otherwise be hard pressed to find a job, and for those left with a larger house when the children have left, it is a good way to fill it up and make a bit of money.

Not any more it isn’t. The Regulatory Reform (Fire Safety) Order 2005 is now beginning to filter down to B&Bs, or at least here in Powys it is. Until now, unless you had more than 6 guests there was no requirement for full fire precautions, but now it is based on the size of your house. This means that if you have one floor of your house that is over 200 square metres (and by their nature, B&Bs are likely to be larger houses) you are liable for a full fire alarm system. This measurement is not just for the area let to guests, but for the whole house including the part lived in by the owners. This means installing fire doors, alarms, emergency lighting, smoke and heat detectors, fire extinguishers, break glass points and all the yearly expense of full testing of all electrical appliances, fire alarm system and extinguishers. The system has to be centralised: either hard wired or wireless, and I estimate could cost between £10,000 and £15,000 to install, with an annual cost for testing of about £200-300.

I am not of course saying that we should be allowed to burn people to death, but as we are talking about our own homes, it is likely that we will be sensible about risks (and, by law we now have to do a full fire risk assessment, whatever our size) and anyway have you ever heard of any major fire in a B&B?

I have already spoken to several proprietors who see this as the last straw, they will simply give up doing B&B when the fire officer finally finds them. You never get rich by doing bed and breakfast, and it would take years and a huge price hike to get back the sort of money involved. The total cost could be more than half of my total annual turnover. People feel resentful of farmers (who in Powys, a very rural area, only contribute 6 per cent of county income) continuing to get huge subsidies, while local tourism which brings in much more money, gets absolutely no help at all for this huge expense. We are talking about the smallest of small businesses, mostly one or two people earning just about enough to live on if they are lucky, mostly done for a bit extra to put into the family budget.

It seems that we have gone crazy about regulations. Where has this one come from? Why is no one talking about it? Why are the Tourist Boards pretending it isn’t happening? Why aren’t Local Authorities lobbying the government for money for grants to help these small businesses comply with the law?

FR2 - Suffolk:

I would like to hear from any other b and b owners who have been inspected by a fire officer. I was rung and told that I would have to have a fire inspection under the new regulatory reform. This is due to take place in the middle of November. I had no idea that as we had only two bedrooms accommodating 4 guests that we were included in this new reform. I had no official notification from any government body, yet I must be on a data base as they now wish to inspect me! I would be grateful for any useful information about the requirements expected. We are a family home and obviously safety of any form whether fire or accident has always been a priority and common sense has prevailed and the guests we have to stay for b and b are an extension of our family - who have now flown the nest! We are also a listed farmhouse, so any alterations such as fire doors would be a planning nightmare and an expense we could not afford. Please can you forward any information to help. I believe we are required to keep a fire risk assessment from October 2006. I have looked for one to print out so that I can see what is required but failed to find one that can be printed Do I need to make sure that all the beds in the house including the ones used by b and b's are fire resistant, what about curtains carpets etc.? There seem to be no guidelines whatsoever.

FR3:

What is the point of the Government publishing a fire risk guide if the local fire officers ignore it? I believe this needs to be tested in court.

We have three guest bedrooms and we have throughout the house ten wireless linked smoke alarms. The fire officer wants a fire door on the first floor, the dining room and kitchen doors to have smoke seals with a half hour rating, emergency lighting and fire proof insulation in the cellar which is damp and only has wine in it. Why? I could get everyone out of the house in five minuets! Our bedroom is between the guest rooms and although our house is a listed building it has a simple layout and has a wide staircase at each end and three exits to the garden and the ground floor hall and corridor and some rooms have stone floors.

(Quality in Tourism rating: 5 stars & Silver Award)

FR4 - Herefordshire:

It is interesting to read your comments, but here in Herefordshire we do not seem to have been affected. No-body has told us to do anything about fire doors, we've just been asked to have a plan of action in case of fire and to do our own risk assesment, and that seems to be all the Tourist Board requires as well. We stick to the old rules for six bed spaces or less.

FR5 – West Oxfordshire:

I was relieved to read that so many B&Bs are against the new Fire regulations. It is such good news to hear that you can act as a voice for us small B&Bs - thank you! I have been running a B&B with 3 rooms since 1979 so feel I have experienced many changes, especially in recent years with the increase in rules and regs. I always thought that when I retired it would be because I could not physically deal with it any more but recently I feel the bullying from Visit Britain Inspectors and now the Fire Officers is forcing me to think about giving it all up but I do not feel ready to retire for a few more years!

I recently attended our local West Oxfordshire District Council's meeting to listen to 2 fire officers telling us what they are going to require - mostly that if we do not put fire door's in then we shall have to put water sprinklers in and so on. A friend who is an architect said that water sprinklers can ruin home furnishings let alone the upheaval and cost of having them installed, especially in older properties.

FR6 - Warwickshire:

Thought you might like to hear of my experiences and interpretations regarding the Fire Regulations and how it may provide useful feedback for others.

We run a 10 bedroom Guest Accommodation in [Warwickshire] and because this was originally designated as a "hotel" we were fortunate in having a fire certificate, fire alarm system and everything that was required to meet the Building Regulations at the time.

Being a qualified engineer, previously involved, amongst other things, in the design of industrial fire systems, on the introduction of the new Fire Regulations in October 2006, I decided to approach the problem from scratch and see how all this applied to our business. The first time I read the regulations I was amazed at the vagueness of the act and that the whole emphasis is directed at the number of employees in a business, as if this is the only factor which determines the level of risk. The Regulations are quite clear in specifying that they apply to B&Bs, guest accommodation and hotels, but under Part1, "What is a Fire Risk Assessment", reference is made to a business having more than 5 employees ,when it is required to record the findings of the risk assessment. Apart from the fact that most B&Bs will not meet this criterion then the question is asked, "does that mean for less than 5 employees I don't have to do a risk assessment?"

At a local business forum, earlier this year, there was a presentation on the Regulations by the Warwickshire County Fire Officer, where B&B owners could voice their views and pose any questions. I immediately posed the above question and stated that they had got it all wrong in identifying the main risks that we all face. It is not our staff that are the primary risk, but our guests, especially prior to the imposition of the Smoking Ban in July. The Fire Officer concurred with this but couldn't give a satisfactory explanation, but agreed that for fewer than 5 employees a written assessment is not required - but we should know what the risks are and how to address them.

In view of what I consider to be a very unclear and unsatisfactory situation, I decided to do a written risk assessment anyway, using one of the many pro formas which are freely available on-line. Recently, on being assessed by Visit Britain, I was asked if I had a Fire Risk Assessment. The Inspector was quite happy just to see the cover, not the contents! This is typical of many organisations where all that matters is a "tick in the box". Agents selling commercial property are now adding a caviat on their literature - "we assume that a Fire risk Assessment has been carried out". They do not realise that the assessment is not transferable but is the sole responsibility of the competent person in charge.

On the subject of B&Bs having to spend money on fire protection systems etc to stay open, I would be interested to hear who is telling them to do this? There is nothing in the act which forces them to do this, as long as they address the risks and make provision for dealing with them, of which there are many solutions. Is this directive coming from Local Fire Officers or from the plethora of "unscrupulous consultants" which appear when any legislation is issued and can see a fast buck to be made from people who are essentially ignorant of what the legislation implies. I was told by the company that tests my fire system that for £2000 they would do a risk assessment, complete with glossy photographs and a brochure, which would satisfy all requirements. This exercise took me only 2 hours by the above route.

FR7 - Suffolk:

We operate a guest house with nine letting rooms, with a fire certificate in place when we bought the establishment four years ago. We have everything as required; emergency exits, smoke detectors, fire alarms, emergency lighting, fire extinguishers, fire doors etc. What we don't have now - and possibly purely down to the government cutting costs - is the comfort of the fire brigade giving us a certificate confirming compliance as was the case. We have had our 'self assessment' done independently as a poor relation being the only alternative option open to us.

At the same time just down the road is a 5 bed roomed house which has been bought by a gentleman who has then put 13 mattresses into it charging £10 a night to foreign workers with nothing in the way of fire prevention measures in place at all. From the outside it looks just like a normal house but the fire risk there is huge in comparison (the council have been informed by many neighbours). Why then are we and other guest houses/B & B's owners victimised just because we advertise our accommodation yet 'landlords' like the example given can and do get away 'scot free'?

In our mind a proper fire certificate is essential for both our and our customers peace of mind that we have done everything in our power to ensure the safety of our guests. We feel there should be a sliding table of requirements based on the layout of the establishment as well as the number of letting rooms. The risk and therefore the requirements to deal with the problem should it ever occur are greatly reduced if all possible pro active methods of prevention have been implemented.

It may be, possibly through avarice or laziness over a period of time some establishment owners, albeit a very small number, will by nature possibly loosen the overall maintenance of fire prevention measures in their establishment which could result in an increase in incidents which might otherwise, before the removal of the fire certificate, have been prevented.

In conclusion, as one cannot put a price on a human life it is essential in our mind that the fire certificate is reintroduced and therefore any cuts which in essence devalue a human life as the government has done, is pure folly. Also we are lead to believe that buildings insurance is not valid if the self assessment isn't done with all necessary action implemented but of course many won't know about this until the worst happens and it's too late! This point is of utmost importance and clarification here is urgently needed.

FR8 - Surrey:

There is little understanding of the devastating effect the new legislation will have on the survival of small B&Bs. The effect of that will be to force us to withdraw our accommodation, or else it will criminalize us -- certainly most of the "unofficial" suppliers of B&B in our area have no intention of complying. At the same time our leaders invite us to shoulder major losses in order to support the £1m tourism promotion package of which they have been the beneficiaries -- which compounds the irritation.

I have as yet discovered no fire/smoke detection system affordable to the slender incomes of small B&Bs. They require both installation and annual maintenance, so the expenses are perpetual.

Ms Hodge's undertaking "... to look at any instances of disproportionate or inconsistent enforcement which B&B Association members have experienced ..." assumes an improbable longevity -- at least in the life of politics. There are as many interpretations of the fire regulations as there are fire safety officers -- so we are assured by installation contractors.

Perhaps you could also make clear to us the meaning of the specifications set out on page 55 of the Sleeping Accommodation Guide linked to the new fire regulations website as it applies to small B&Bs (the old distinction between these on the one hand, and guest-houses and hotels on the other, appears to have vanished -- that is, a "big" B&B is a misnomer and a "small" B&B is a pleonasm -- can you confirm this?). Our fire safety officer tells us that the specification "Grade D LD3" is wrongly described there and is insufficient for any old-sense B&B. What they require, he says, is "Grade D LD2" -- that is, alarms everywhere.

Also, what appears to be required is a type of annual certificate that only industrial contractors are able to supply. The "aico" system can be installed by the family electrician who cannot, however, supply the required piece of paper.

As matters stand, failing any help from those to whom we might expect to turn for guidance, each of us must struggle on our own to make sense of a confused and confusing situation. Hence the force of our frustration.

FR9 - Suffolk:

I have read with interest your comments in the B&B News. We have recently been inspected by a Fire Officer [Suffolk] and we now find ourselves with an Enforcement Order to carry out work on our 300-400 years old property. We evidently need to have 9 of our doors thickened and walls of 3 bedrooms also thickened and also one wall in the dining room where we serve breakfast. We also need to get replaced some glass panelled doors (they have glass panels because there is no natural light in that part of the hallway.)

Despite the fact we have made our house a safe as we possibly can by installing fire extinguishers, smoke detectors in all bedrooms (to stop smokers) and in hallways, fire blanket in the kitchen etc. we even have a ban on candles. We have also got to have a radio linked fire detection system installed - we don't know how much this is all going to cost. I would just like to add my comments because I feel really sad that this is not good for those families who rely on an income from B&B . Apart from all the recent 'to do' list what else is the government going to burden us with next. I am a member of Farm Stay UK and I have also written to our Chief Executive regarding this matter.

* * *

My Husband and I are in the line of 'Fire' at this present time. We have had a visit from the Suffolk Fire Service (a Fire Officer) who has now given us an enforcement order which has to be complied with or we will have to close down. The cost of the work he thinks we should do is approximately £10,000.

We did, what we thought, our own Risk Assessment from the official book assuming we were a small establishment and installed radio linked smoke alarms, emergency lighting (rechargable torches) which were checked by the cleaners etc. We purchased all the signage and installed it where we thought it appropriate, instructions to guests, fire extinguishers, blocked up the letter boxes (in case of arson), even put our rubbish bin in our garage just in case a passing no-good set fire to it. We have always been a no smoking household so the no smoking signs had been in place for several years. He ignored all this.

The Enforcement Notice :-

1) To thicken the walls of 3 of our Bedrooms (they are on the escape route) because they wouldn't hold a fire for 30 minutes. All three Suffolk Latch doors of these bedrooms have got to be renewed with thicker doors along with 6 other doors (with self - closing devices), in the house. One wall in our Dining Room was also deemed to be too thin (also on the escape route so that needed thickening. Our house is a Suffolk Farm House 300-400 years old with lots of character but we are not listed.

2) He wants us to install Radio linked smoke detectors and lighting etc. (this is to be done by professionals).

3) We have to change the wording on our Risk Assessment forms.

We asked him to come on a return visit because my Husband had an idea that would save renewing 5 of our doors which he did approve of. He has now said that because of my Husband's idea we don't need to thicken the Dining Room wall and 4 doors don't need thickening because they won't be on the escape route. We did tell him how much this was all going to cost - he went very white and very quiet!! But the enforcement notice still stands.

I am a member of Farm Stay UK and I have been in contact with the Chief Executive, and our MP, and they are lobbying etc. East England Tourism are also doing something in some way. So far I have heard of only one other person in the vicinity who has been inspected and they received an enforcement order as well.

My Husband and I are both feeling annoyed with the whole affair because we have just been wasting our time and money. Someone I know said the whole thing is bully boy tactics and one huge mess - and I tend to agree!!

FR10 - Norfolk:

We are only a Guest House, converted from a private house. We recently had a visit from the Fire Inspector who, to say the least, was unsympathetic to our position. We have had a FIRE CERTIFICATE for 30 years complying on an annual basis with all requirements. He told us that this was not enough under the new draconian fire regulations and that we would need to have electric fire alarms in all the three bedrooms we use out of the six that were available prior to my wife's illness in recent years. We had estimates varying from £750 to £2,500 each one interpreting the Inspector's requirements differently ie one saying that similar alarms were required in the hallway, even though this would be only feet away from the bedroom alarm. Another engineer said that in the ensuite rooms alarms would be required in both bathroom and bedroom. We got back to the Fire Inspector for guidance on this matter for advice - he was not prepared to advise us on actual installation as that would compromise his position if anything went wrong. He was in effect telling us that the only people we could ask for advice were the installers. As an 80 year old non-technical pensioner I did feel we were being thrown to the wolves.

We have as we have said complied with all regulations for 30 years without any prompting whatsoever - we now bitterly regret having registered with the Fire Authorities contrary to 80 per cent of the B and Bs we work with. I can imagine the glee the Inspector experienced to find a file on [us] and we must have been one of the first B&Bs to get a visit in this area of the Norfolk Broads. I do intend writing to the Chief Fire Officer for assistance and sources of advice and maybe a copy of the Regulation that states that ALL B and Bs must have electric fire alarms in the bedrooms and corridors. Lastly as the house is up for sale as a business or private house I intend to ask if it would be possible to have an alteration to a letter we received regarding requirements threatening us with legal action if the work was not carried out before [date].

Maybe this example (I nearly said of the police state) will help your campaign.

FR10a:

I downloaded the assessment booklet and found it delightfully vague. We are a six person B&B and since we own and live on the premises it is only commonsense we "protect" our selves guests and property. We have battery smoke alarms, safety lighting on the stairwell and self closing doors. The booklet, as you suggest, points the way forward as having special fire doors etc.. Since our local tourism department won't accept ads from properties not inspected and the "Quality in Tourism" are now involved in this issue our first way out is to go it alone..if necessary and then to give up all together.

FR11:

The whole of the tourism industry is going stark raving bonkers. The English Tourist Board (Visit Britain) has started to implement rules and regulations too that are way beyond what most B & B operators are able to comply with. What are we supposed to do? I know what I am going to do and that is to ignore everyone and carry on as I have always done - sod the Tourist Board, The Fire Authorities etc.

I shall, therefore, become one of the "roadside B & B's" that get away with everything by not being a member of the so called 'elite' and supposed 'beneficial' bodies that try to rule us all.

I suggest that if all this nonsense does not end soon, then the whole of the tourism industry will end up in a complete and utter mess as we are all sick and fed up of the so called advice that those idiots who sit behind a desk with a little qualification and no inside knowledge of what running this service is all about shout about.

THE INDUSTRY AS A WHOLE IS IN CRISIS !!!!!

FR12:

With reference to the email newsletter from the B&B Assn. re: strength of opposition to Fire Regs. We reply to you with copy of our letter of 5th March 2007 and your kind response and I copy this email to our local Member of Parliament. We are now considering whether to push the button and place orders for £5000.00 plus worth of Fire Alarms, emergency lighting, fire-proof doors, signs etc. etc.. So, as a retired couple wanting to hopefully make a bit of money in running our own business by providing a quality B&B accomodation service to the area do we:

1. Wait and see if Regs. are revised and proportionalised sensibly and delay opening.
2. Go ahead and spend the money on what may/may not be necessary if Regs are revised.
3. Open and be damned.
4. Open with someones remit so that we can wait and see with other existing B&B's.
5. Do nothing.
6. Realise our joint assets and emigrate.

I very much regret having to think and say that at the moment, considering the above and so much else, No.6 looks to be the best option. Let us hope that as Lord Denning would say "reasonableness" is applied.

FR13 - Cumbria:

Following your article in B&B News, as the burden of regulation was (and still is) getting us down, we invited our local MP to come and work for us. One Saturday in June he came and saw for himself the ins and out of our operation and went away armed with information and opinions on VAT, DDA, SOR's, etc etc. Maybe this is something other owners could do. One area that could change matters for the better is to have HM Gov undertake a review of the Hotel Act. We are currently being bombarded with legislation telling us what we can and cannot do in what is effectively our own homes. We have no say in the "types" of person we feel comfortable catering for and as such we are open to all forms of abuse. We would suggest that either the Act is overhauled or our industry made a sub section of the Act. We need protection under the Law from guests and who/ what activities go on under our roof.(too much legislation is going in the wrong direction) and also from "hotel review" websites. What is the point of a star system when people take reviews more seriously than an accredited inspection system? (4 Star Silver Award)

FR14:

I have a small B&B with 3 letting rooms. We had a fire certificate, but did not need one. Last December, the fire brigade said they were coming to check the fire plan, which we had prepared, just in case. They rang to say they had been called out, and would be here in the new year. We are still waiting. We have all the fire alarms, etc., so it will not cost us much if they decide our plan is not good enough. However, the person who inspects every three months now tells us that from next April, we will need to put sounders in the bedrooms, as they will not be loud enough to meet the requirements. The sounders may not cost too much, but all the redecoration after they are put in will. We had only just redecorated two of the rooms before we found that out. We are trying to sell our guest house at the moment, and the number of guest houses on the market in York is very high at the moment. Although the new regulations are not the reason we are selling, it could be for a number of others.

>>>> also FR14:

I had my fire inspection at last, after it was put off three times over a year. The fireman seemed happy, but I have not had the written report yet, so might find then where he was not happy. One of the things I thought was quite ridiculous and showed that small businesses like ours were not thought of as important was that I was asked how many people would be involved, less than or more than 50. I have never had that many people in my house. I'd hire a hall for a party that big. The other question was about floor space, less than or more than 1000 square metres. Not many five bedroomed houses that big! Obviously small bed and breakfasts were not meant to be included in this system.

FR15:

I had a guest this morning who also runs a B&B in a pub up in the Midlands. He has installed fire escapes and other fire prevention only to be told by his local fire authority that this was not necessary unless he had more than 6 people capacity upstairs and as for downstairs he could have as many guests as he liked. He was told that any fire regulations were only "guidelines" rather than regulations. He spent over £3000.00 and feels rather cheated. Is it possible that these rules and regulations change with whatever area you are in. I only have 2 rooms and believe I am right in saying that I need no specific fire regs but have chosen to have smoke alarms and fire extinguishers in the rooms. This is just a comment at a very late hour of the day!

FR16:

We are a 5 star Gold establishment in the Cotswolds but have just taken the decision to close after a visit from a Fire Officer.

We would have been going into our 5th year and reducing down to one room for next season. We have an estimate of £3500 pounds to do the required work and for us this is just not viable on one room and more to the point it is our home and we do not want to turn it into a Hotel.

I am very saddened over this situation as I started this business for fun and therefore not essential for the bank balance! We have thoroughly enjoyed our four years and put a lot of time and effort into the time our guests spent with us, and making sure they were sent to all the right houses, gardens and villages of interest. We only opened from March to October but were more or less fully booked from May to September which spoke for it self how popular we were.

How is it that student accommodation gets away with the Fire Regulations when us B&B owners have to comply with really over-the-top regulations?

There are quite a few B&B’s closing down around this area so not only will the tourist board have even more of a problem finding accommodation, the money that will be lost to the local establishments, restaurants shops etc. is enormous and at a time when the economy is slowly, the Americans have not as yet returned in large numbers, due to $2 to the pound, surely the government should be finding a way round this problem.

FR17 – North Cornwall:

We are in North Cornwall and have run a small B&B from it for nearly 5 years. My background is one of having worked in the Fire Industry from 1972 to 2005 before semi retiring here. In my latter years at senior level with a large major UK Fire Systems company.

BS5839 has been my bible throughout those years and before that the old codes of practice. Although I have been out of the industry since 2005 I possibly know this standard almost as well as most Fire Officers and in many cases, arguably, know the financial implications better.

I have attached my thoughts (BELOW) on the Fire Reform Order:

Sleeping Accommodation Under the Fire Reform Order

The first statement that has to be made is that my discussions with many people in the industry indicates a total agreement that fire safety is of prime importance and that people should be safe.

I have attended several meetings and seminars both at county and local level and my stance, then and now, has not changed. “If this order is not applied uniformly, practically in line with the premises, and with sensitivity giving people time to include realistic changes into their business plans then many, possibly thousands, will close.”

Small B&B enterprises are borderline on profitability and the finance does not exist to make wholesale major changes with out planning well in advance. On small turnovers of about 20K the thought of having to do works in 5 figures to continue running will destroy many. If you are 30 and have the chance to recover such costs over a 20 year period it maybe viable but if you’re 62 with a few years to retiring it will not.

With my background I have read in full the 147 page document, know the people that have been involved in its formation, and believe there intention was not to drive small concerns out of business. The practicality, however, maybe different. The document is designed to give advice and guidance allowing most small B&B’s to be assessed by the owner using this guide. It must not be allowed to drive the unwary into the arms of the unscrupulous to be told to do works that may not be required.

Large areas are full of sane sensible advice but page 20 refers to works being done to compensate for inadequate facilities in other areas and page 54 also refers to “compensating” by providing higher levels of detection. This to me means that if certain areas can’t be undertaken it is possible to compensate for that in other ways. Possibly of vital importance in listed buildings.

How ever page 97 not only defines what “small” means but ignores “compensation” and provides a “will have list”. It is that list that will kill off many. May I indicate against my premises?

On my premises I only have 5 letting bed spaces [two doubles and a single] and fall in line with travel distances, floor areas and numbers of people.

Having done my risk assessment and [it has been seen by the quality inspector] I believe I could be asked to spend between £8,000 and £12,000 on my home to provide those facilities.

A Fire alarm system to BS5839 Prt 6 not Prt 1 would be required. We already have a battery domestic type system. That system would involve detectors mains driven with battery back up and can be wired in PVC cable if within the fabric of the building. All detectors would need to be interlinked. Under the new building regulations you may not undertake that wiring yourself unless you are qualified to do so. The system would need to comply with either grade L2D or L3D and in practice there is very little between them.

Fire doors would be needed, about 8 in our situation, to keep the same standard of décor instead of fitting the cheapest the word expensive springs to mind. Don’t forget the frames will need changing also, plus locks, adding door closers and you must include the redecoration cost.

Emergency lighting may also be needed especially if you have no borrowed light from outside. Any recessed internal lighting would need Fire hoods fitted.

A number of Fire Extinguishers on both floors and in the Kitchen are also needed.

I could go on onto other areas that need clarification.

If we are hit, as many have been, with an enforcement order and given three months to complete the works then, like thousands of others, our doors will close.

At [retirement age] we have already taken the decision to re consider our future in light of these increasing burdens. Did we mention the DDA or Health regs. - perhaps that is another story!

FR18:

I have an enforcement notice served on me and have to comply by [date] otherwise I shall be closed down! We own a 16th century farmhouse so it is causing one or two complications!!!!

FR19:

Yes FIRE FIRE FIRE - we are all suddenly going to have our buildings burn down if we don't take 'over the top' precautions!

I decided to buy a listed building in Nov 2006 and obtained change of use and planning permission to change two bedrooms to two bathrooms and add suitable pipes etc. All seemed well. My architect seemed content, the listing guy seemed content BUT alas NO not Building Control. I went from a budget of x to a budget of 'out of control'. Yet another financial trip to the bank tommorrow to see if I can stretch myself yet further TO APPEASE THE COUNCIL. I accept that my guests should be safe, however when every inch of my house has now to be turned upside down and thousands of pounds spent when I at last thought I would be opening is frightening.

I am personally NOT suprised that many have bailed out - I would if I could and I was not so passionate about my adventure.

FR20 - Suffolk:

We had a visit from the Fire Officer [Suffolk]. We run a very successful B&B on the sea front and have been placed in the top ten in the UK by various news papers. Our Insurance company sent a health and safety officer to inspect our premises before insuring us for the last two years. We had to add more fire extinguishers and we have installed more long life bulbs. Now the Fire Officer.

I asked this [Fire Officer] who he is targeting as we had a confrontation with Beaurocracy when we first opened and were advertising with the Tourist Board. Our Second floor en-suite bedroom had two staircases leading from it. There was no mention of this in the fire regs, so we had to convert our sitting room on the first floor into a bedroom at great expence. We could have Self Catering use the second floor but not B&Bs Who is more of a fire risk ? Mr [Fire Officer] said he is targeting any one who has paying guests. This means all the old ladies who help out with accommodating music students and Orchestral players will have to have fire extinguishers, alarm systems, emergency lighting etc. If he only targets his inspected few, then it is discrimination. Just imagine the expense. To me it is a LABOUR Ploy for jobs for mates. How is Mr [Fire Officer] going to address safety on Hot Air Balloons? Where is the escape ladder or fire extinguisher. Will they need Exit Door signs?

After inspecting our place he just said he would be writing to me. No discussion. No questions.

A letter arrives Recommending a 30 minute barrier in passage ways. Emergency lighting under BS (and a number) and inter-connecting alarm systems to BS so-and-so.

I phoned for clarification and was told to look up the web page. This tries to sell you the fire regs book. I spoke to another fire officer; they do not like lath and plaster. Surely this is less flammable than the cavity insulation that is recommended by the ‘saving the planet’ and heating specialists. It is highly inflammable.

If I burn the toast all fire alarms will be set off, waking the whole household. [The Fire Officer] recommends a heat alarm in the kitchen. The place will be well alight by the time this heat alarm activates. We have smoke alarms on every landing and in every bedroom - they can be heard through out the house. We have FIVE exit doors on the ground floor and FIVE large windows at knee height but it is recommended that EXIT signs are displayed. Does no one have common sense anymore ? We have two accessible stairways to all rooms and a balcony that is one foot away from the neighbours, which has an escape ladder.

We stayed at a newish hotel in Portugal. The fire drill notice recommends soaking sheets and towels in bath/shower/basin and draping them over the door. The doors were panelled with glass inserts.and not fire doors!! All our rooms have ample water within a metre of the door.

We have put our self catering wing on the market - much to the concern of the [local] music school. We have courses throughout the year.

I lost my farm [abroad] and all the money. My State pension is 8 pence a week. My wife’s is £197. We took out a pension policy but we both passed our DIE BY DATE and so only get £350 a month collectively. This only pays our Council Tax, so we have to work. I am [over 70] and my wife is [over 65] We can get more in investment at 5% and just run the two B&B rooms until we are incapable. I could go on and on but have work to do. Good luck.

FR21 - Suffolk:

I am wondering if any of your members are as incensed as I am following an inspection of my 2 bedroom B&B by a Fire Safety Officer this morning. Bearing in mind that I only operate really in the summer months because of location, I have been told that by the end of February I need to have installed 14 fire alarms (not stand alone) and by the end of [month] 8 fire doors.

I live in an old house dating in 2 different parts from about 1780 to a modern extension of 1880. This means inevitably that my doors are not even in shape and would need to be handmade by someone somewhere (under investigation) or painted with special paint, an intumescent strip inserted, new door furniture and new hinges. This is, of course, on top of all other expenses incurred by the regular inspections that must be carried out on equipment that the guests might come into contact with, my kitchen and the oil tank, plus additional fire extinguishers.

To put into place these necessary changes will involve a huge expense which will be difficult to claw back, especially as the house is already on the market to be sold as a private home and not a business! I feel totally aggrieved that my private home which offers delightful accommodation should be raped by such officialdom. Can the Government not see that B&B owners will decide that enough is enough and just close down leaving guests with only the choice of "hotel" type accommodation rather than the beauty of individualism that is B&B. If we do close down what about the impact on other local business such as organic food producers, local staff for cleaners, gardeners etc.?

FR22:

I am afraid I am in the process of closing down due to the onerous demands of the Fire Regs on a very small business ( only 2 bedrooms).

The Fire Officer I dealt with was willing to work with me to look at my Risk Assessment and help to decide what needed doing. But basically I did not want my home spoilt with self closing doors, emergency lighting (the supposedly aesthetic ones are worse than the bulkhead light), etc.

I estimate that I would have to spend at least £2000 on LD2 Smoke Alarms, Emergency Lighting, door locks. Self closing fire doors would come on top of that if I needed them.

For a 2 bedroom operation in a bungalow to be in the same bracket as a 2 storey 20 room business is where the problem is.

FR23 – East Sussex:

Re: Fire Officer demanding expensive alterations

I read in the B&B Forum that you are collecting data from owners of small B&Bs about their experiences with the Fire Service, in order to build up a body of evidence to take to the Minister concerned. I would like to report to you my experience with the enforcing fire officer regarding the compliance with the new fire regulations.

I run a small B&B with 6 bed spaces (3 rooms). One of our guestrooms is situated in the extension of our building and has its own separate entrance door. I have no employees.

I have taken part in the ‘Fit For Purpose’ workshop which was supposed to be designed to help small business comply with various legislation and I conducted a fire risk assessment. (I have 4 fire extinguishers, 6 smoke alarms (all tested weekly), fire notices, escape route signs, 3 carbon monoxide alarms, fire blankets and many other preventative measures in place - my fire risk assessment is 10 pages long.)

Following my application for "Fit For Purpose" I was contacted by the Station Manager Support & Policy Community Protection Directorate from the Fire & Rescue Service. I was asked to confirm the following matter:

"That the fire alarm system installed is a BS 5839 part 1 commercial fire alarm system and not a domestic fire alarm system."

There was a further telephone call from the fire officer. He told me, that I have to have:

  • A hard wired with battery back up commercial fire alarm system "BS5839 part 1 - Life Risk 2" installed in my premises and that my domestic smoke alarms are inadequate.
  • I am not allowed to install a domestic fire alarm system "BS5839 Part 6".
  • My interior doors must be replaced with self-closing fire doors and self-closing devices.

    He referred to the government guidelines "National Standard for Sleeping Accommodation Document".

    I explained to him that only two of the guestrooms are on the first floor in the main building and that the only other room on the first floor is our private bedroom. I asked if I really have to have fire doors and alarm system installed in our private rooms.

    His reply to my question was that he could not gain access to my private bedrooms. However I will have to open the doors to my private bedrooms for him and let him look into these rooms to prove to him that I have complied with his requirements. (I felt intimidated. He made no attempt to explain why I must have alarms in my private rooms.)

    I was informed that the fire service will only make exceptions in cases such as, for example, an elderly couple running a B&B with only one guest room, which would mean 4 people maximum in the house, including the owners.

    But as I can accommodate 6 guests plus my own family, I would have to have the commercial system installed.

    I explained that this will put us under enormous financial strain, as we are only a small business. I was told that if I do not comply I would get myself into a "mess". At the end of the phone call, he asked me if I would continue trading!

    I was in tears by then!

    Following this conversation with the fire officer, I contacted several local other B&B’s of the same size as my B&B, to find out what their experience was and how they comply with the new fire regulations. None of them had expensive smoke alarm systems and fire doors installed.

    I then asked our District Hotels and Caterers Association for advice, which kindly asked a fire inspector from different fire authority to contact me. This fire inspector informed me that in his opinion my B&B would need a fire alarm system of the category C or D (domestic) and that the commercial alarm system was the wrong type for my small business. He felt that my Fire Authority was "a bit harsh with me", but stressed that he cannot do anything for me, as he is from a different fire authority.

    He advised me that I could wait for an enforcement notice and then appeal against the decision. He felt that I have a good chance to contest this successfully. He also told me that the commercial system will cost about £2,500 and that the domestic system, which is the right one for us, would be a lot cheaper. Alternatively I could install the inappropriate and expensive commercial alarm system, take the matter to court and try to claim the money back from my County Council.

    (I invited a fire alarms company to give me a quote for such a commercial system. I was quoted £3,700, +VAT! Adding this expense to the expense of installing 6 new fire doors and the loss of earnings due to the work that needs to be carried out, I told my son that his plans to go to university are no longer realistic!)

    I recently contacted another local company dealing with fire-alarm systems. After inspection of my property the company’s representative recommended a domestic fire alarm system " D" as the right one for our business. So far I was given a verbal quote of £900.--. In the opinion of the representative of this company, a commercial fire alarm system (as the fire officer insisted on), was not appropriate and that they are usually used in factories with many employees.

    What is becoming clear, is that different local Councils and Fire Services have different interpretations and different ideas about standards and enforcement. Before the new fire regulations came into force, small businesses like mine were exempt and did not need a fire certificate.

    We seriously thought about the possibility of giving up our B&B business because of the financial strain involved in complying with the new fire regulations and also the frustration and headaches about the unreasonable and disproportionate demands involved.

    There may be more chance that my B&B guests are killed when butted by a sheep at Romney Marsh, than killed by a fire in my home.

    However, we decided to soldier on, as we only just installed new en-suite facilities to our guestrooms and other upgrades to our guest facilities. All our efforts and money spend to build up our small business would have been for nothing.

    We are very worried about the fire issue and also about what other regulatory burdens and interventions the government may impose on us next in their crusade to create an ideal world. Which body with a vested interest will they give the implementation to?

    It would be nice to live in an ideal world where all dangers to people are eliminated. However, in the real world, small B&B’s making an honest living, doing their best for their customers, should not be put out of business by the disproportionate demands of the different interpretations of the Law by local authorities. Naturally the fire authorities’ sole interest is to stop fires. They are not concerned about the successful running of good businesses, the economy, the tourist industry or the financial hardship and unemployment they may cause.

    If the government originally intended to make things easier for small businesses with the Regulatory Reform Act (Fire Safety), leaving the individual Fire Authorities in charge of the implementation of the new Fire Act without giving clear sensible guidelines to the Authorities, the whole affair has certainly backfired.

    I think that B&Bs that provided 6 bed spaces or less should be exempt from the new fire regulatory Act. The is previous exemption was there for a reason.

    As before, common sense should prevail.

    FR24 – Essex:

    I am a small B&B in Essex, with two rooms, I can sleep 5 persons, my cottage is nearly 300 years old and has lots of character with the usual oak beams, sloping floors, low ceilings, you know the sort of thing I mean.

    I have had a Fire Risk Assessment done and it looks as if I have to have a smoke/fire (L2 System) fitted, but where does it stop, the assessor said fire doors are not practicable, but what will the fire brigade say, how will they interpret the new laws? Will they say 'Yes' I have to have fire doors, which will cost a few thousand ponds as they will have to be made to measure ( nothing is square in this place), the alarm system will probably cost well in excess of £3000 and doors will put me in the 'not worth it' category.

    My question is 'How do I find out exactly what I need to implement before I start?' if you can answer this for me I would be most grateful.

    If you need to ask for more information or I need to join you association for the information, please let me know, I have only been running for two years and went do a great deal of expense to kit the place out and get it right, there has to be a limit of expense in relation to income.

    I was going to hold back on the fire alarm system until the fire department come around, as I know they will, it is a very expensive item to install and I cannot see the point in spending £2-£3 thousand pounds (a huge chunk of my earnings, only having two rooms) installing one which will not meet with their approval, as other premises I know have done.

    >> additional comment from FR24:

    Thank you for your e-mails on the fight with this new legislation on the fire regulations, it's refreshing to know there are others out there with the same concerns although I feel sorry for them as well as myself.

    You have asked us to contact you with our concerns: well they are the same as many, being the cost of implementing such measures and the fact that they would deface my home which is a period cottage with bags of character.

    I have already spent £40,000 on an extension, over £12,000 kitting it out to run as a B&B, I have put in emergency lighting on the stair well and exits and have all electrical appliances in the hole house, P.A.T. tested every year, I am quite prepared to install a smoke detecting system which will cost in the regain of £5000.00 as I would not want the wires all round, I would opt for a remote one which are more expensive but less invasive, fire extinguishers in the appropriate place are also a good thing.

    That is the limit of what I would be prepared to do, if it go's to fire doors, exits, fire retardant paint, thicker plaster board on the ceilings, big green signs every where, then NO, I will not do that, the cost would not be practicable, I would close down.

    Fire doors would cost a phenomenal amount and be totally impractical, my ceilings upstairs are only just above 6 ft height with sloping floors, no door is square, they would all have to be made to measure, with new door frames as well, this place moves, today the doors fit there frames tomorrow they may not.

    None of us would or would want to put any person in danger of fire, this cottage has housed families for nearly 300 years, we take every practical precaution to safeguard our guest, but there are limits to our finances, the revenue from only two rooms would not stretch to the cost of implementing all that I have heard about.

    As yet the fire department hasn't got to me but I know it is only a mater of time, I just hope the B&B association can get the guide lines defined and take away that sledge hammer these fire officers are going around with, some I am sure with glee.

    FR25 – Devon and Somerset:

    Recently we had a visit from our local Fire service (Devon and Somerset Fire and Rescue Service) who has served an enforcement notice on us, (under the Regulatory Reform (Fire Safety) Order 2005) regarding linked smoke alarms and smoke door seals.

    We already have appropriate fire precautions in place.- smoke detectors, fire doors, emergency lighting, a fire alarm system and fire extinguishers, all regularly checked and serviced.

    When we bought the house, it was a guest house and the fire precautions were already in place. As we planned to provide Bed and Breakfast, we thought it responsible to maintain them and have done so for 16 years. Every year the Fire service visited, until it became self assessment, and we all agreed we were doing this voluntarily and didn’t need to!

    We are now required to install mains-powered alarms or mains-powered wireless-linked smoke alarms in all the relevant rooms. The former is expensive to install, requiring lifting of floor boards etc. and the linked alarms are more expensive items individually.

    We see no reason why these are better than the well-maintained battery operated smoke alarms we already have.

    In addition, we are required to fit intumescent strips and seals around 3 sides of every door frame. We feel this is using a sledgehammer to crack a nut, and would spoil the appearance of a nineteenth century cottage.

    Because of the location of our rooms within the house, we know who is coming and going, the reason for their visit and feel regulations that might be appropriate in a hotel with a reception desk and corridors, are totally out of place here.

    Although the Fire service won’t admit it, we feel they have taken our details from old records and call us a “Commercial Property” whereas we are and have always been “a private house with a bed and breakfast concession of up to 6 bed spaces”.

    We feel we would have no success appealing against the enforcement order (£50 to register an appeal and then no doubt costs and so on) – maybe we should have ripped out all the fire precautions when we first moved in!

    It would be a bad business decision for us to proceed installing all these measures, so with reluctance we are taking steps to retire 2-3 years earlier than we might have done.

    We are very sad, that such a lovely cultural benefit to the country is generally under threat. We have had visitors from all over the world who say how much they enjoy being welcomed into private homes. We have travelled widely in New Zealand, South Africa and Australia where the Bed and Breakfast movement emulates that of the UK, and promotes friendship and understanding.

    With the London Olympics and a desire to increase tourism in this country -more private accommodation, not less should be encouraged.

    Of course, there will always be small homes (under the radar of the Fire Service) who will open up, without any fire regulations at all!

    I hope this helps you in your endeavours to get common sense to prevail.

    FR26 – Peak District:

    “The way the law has been written is to appoint each one of us, designated as a ‘reasonable person’, to pull together our own Fire Safety Risk Assessment. But since as lay people we are almost bound to get it wrong, when the Fire Safety Officer calls, we are almost certain to fail and end up getting a Notification of Fire Safety Deficiency’ notice.”

    Due to the way that the fire services appear to be interpreting the new Fire Regulations there is now a very real risk that a large number of B&Bs in the area (and the country) are going to have to cease offering B&B services.

    A month ago I would have said this was alarmist but following a Fire Authority 'immediate Closure order' on a neighbour’s upstairs B&B room and reviewing a number of posts on web sites regarding similar problems in other parts of the country, I am not so sure.

    Our Neighbour’s B&B is not dissimilar to other B&Bs in the Peak District (see case study later). The problem seems to be that the fire service now classifies B&Bs the same as Hotels. Most B&Bs are spare rooms in peoples homes (it’s the great strength of the service). To be made to erect first floor escape routes, box in landings, put up fire doors, hang fire notices everywhere and install expensive Fire alarm systems is not going to happen. There is not just the cost to consider. Although in some cases it will be out of all proportion to the income, there is the bigger issue of how many people will be willing to deface their homes in the way the fire authorities' seem to be demanding. Those that can not justify the costs, are unwilling to deface their homes or are unable to get the planning authorities to agree to fire escapes etc are going to have to close.

    There is already a shortage of serviced accommodation in the Peak District, this will just make the problem worse. What is the knock on affect to the longer stay tourist trade (rather than the day visitor) and possibly the local economy?

    FR27 – Derbyshire:

    I have been reading the discussions and comments with interest and wondering when the problem will start affecting our area (in Derbyshire). The answer has come faster than I had expected. I have just been talking to a distraught neighbour who has been offering B&B for 20 years. They have just been revisited by 3 fire officials who have demanded that one of their rooms be closed down ‘immediately’ (even though there were guests in it till tomorrow). After much discussion they relented on ‘immediately’ mainly as they couldn’t get the official closer notice to them till tomorrow. The notice will, however, be served tomorrow and the room will have to be closed. I went to see the B&B a couple of days ago and it is similar to ours in layout although luckily for them 2 of their 3 rooms are downstairs. The upstairs room is up a set of stairs and along an open galleried landing.

    The problem the fire officers see is that this is open and there is no escape route from the bedroom. The fact that there is a large window that opens onto the pitched roof of the garage block that could easily be used as an escape route is not sufficient for them. They are demanding a full metal fire escape and boxing in of the galleried landing (along with all the standard fire alarms, fire doors etc)

    The owner’s husband has managed to get an agreement with the fire officer that if they build a scaffolding tower with a gantry (see pictures) and can show that someone could escape via that route they will lift the closure notice. He is hoping to get the scaffolding in place tomorrow (and get the order lifted) before the next set of guests turn up.

    As their house is not that much different to most of the houses doing B&B in the area I assume we are all going to have similar problems. At an academic level it would be interesting to see what the Peak District Planning Authority would say to us putting a fire escape on the front of our house. I assume the answer will be NO. From a personal point of view we wouldn’t comply, so presumably as both of our rooms are upstairs (1st floor) we will have to close down.

    From what I understand from our neighbour the fire officers were uncompromising and dogmatic and seemed to have a total disregard for reality. I am sure they are correct that ‘IF’ a fire started in the hall, then the people in the upstairs B&B bedroom would have difficulty escaping. But what is the probability of a fire starting? Surely a guest has a greater probability that they are injured in their car getting to the B&B than actually in the B&B itself due to a fire. This does not seem to be part of their thinking.

    FR28 – Buckinghamshire:

    We were notified on [date] January by the Bucks & Milton Keynes Fire Authority that the Regulatory Reform (Fire Safety) Order 2005 came into force on 1st October 2006. This was a surprise as we had never heard of it before.

    We had our inspection by the Fire Authority on [date], the results of which were even more surprising!

    We have a ‘granny’ annexe on our house with a twin bedded room. It’s ground floor. It has three opening doors for escape into the body of the house or the outside in the event of fire. There are also 3 opening windows. There’s a smoke alarm in the bedroom. There’s a fire door between the annexe and the house. In short, there is more chance of dying from a wasp sting in our garden than dying in a fire in the B&B.

    We thought that if anyone was going to be safe from the new regulations we were. But no! We have been given nine months to install "a fire detection system in accordance with British Standard 5839: Part 6: Category LD3: Grade D. This is an automated fire detection system (designed for dwellings) based on interconnected mains powered smoke alarms (with battery back up) with detectors sited in escape routes and rooms that open on to escape routes."

    FR29:

    It seems that there are vastly differing standards being applied by the fire services over the regulatory reform (Fire Safety) Order 2005. In Marlow the minimum standard of a hard-wired fire detection system linked to a central controller is being demanded, with a probability of a battery-operated emergency lighting system too. In Amersham the standard appears to be battery-operated smoke detectors and a leaflet in every room.

    FR30 – Surrey:

    For the past 18 years, I have run a small bed and breakfast, 2 rooms in our family home [in Surrey], and up until recently believed that as I do not take more than 6 guests having smoke detectors and fire extinguisher was sufficient for fire regulations. In March this year, we had a visit from the local fire department to inspect our premises.

    2 firefighters came, walked around the house and recommended that we installed linked fire alarms and requested that we filled a self assessment. We installed these fire alarms, did a self assessment and waited for them to come and check that we had carried out their recommendation.

    2 different firefighters came this week to make sure we had complied with their recommendation, they walked around the house again and then told us that we needed fire doors to be fitted in all rooms upstairs as well as downstairs (except the bathrooms ) and self closing devices in all rooms again.

    We have an old Victorian house that has been kept in character, with the original solid oak doors with the original brass door handles, and I resent spoiling what is primarily our family home and has been considered safe for the past 18 years, not to mention the cost, which having just 2 rooms to let, will take me a very long time to recuperate. To save my home, the obvious solution is to close down. It is a shame, as we all know, our foreign visitors love our small English B & B and instead of enticing them to our country with affordable accommodations, we are driving them away and putting people out of business.

    By the way, we have 2 daughters at university living in rented accommodation, this is repeated in cities all over the country, and yet there is not fire regulation enforcing the landlord to adhere to any standards. Youngsters move into these premises with second hand electrical equipment, lots of them smoke on the premises and yet these commercial enterprises are free from the legislation we have to comply with. How can this be fair?

    FR31 – Devon:

    The new fire regulations are sadly yet another example of bad bureaucracy, under which authority is neither benevolent nor to be trusted. Before the new act, the local fire brigade used to act as an adviser; now they are only enforcers, and they no longer see it as their job to help any business in complying with the new regulations.

    Moreover, the local fire department are now blaming the government for not making the new regulations strict enough, which, as you say, is likely to further compromise the proportionality of the regulations affecting smaller businesses like ours.

    I attended a local tourism forum organised by [local council in Devon] about eighteen months ago, at which a senior fire officer spoke about the new regulations and predicted almost exactly what has happened now. A vital element of his job, he said, was to prevent fires from occurring in the first instance, by giving professional advice to those most at risk. In future the only people qualified to give that advice would be retired fire officers paid by tourism business owners to prepare an FRA (fire risk assessment). The job of a senior fire officer would turn into a busybody policeman, which is not at all what they wanted or expected when they joined. The tourism department of our local authority have told us that the Devon Fire Department, through no fault of their own, are now distinctly unhelpful in advising on compliance with new regulations.

    Until the Penhallow fire, I doubt if many small B&Bs like ours even knew that they were no longer exempt from fire regulations affecting hotels and larger guest houses. Now, even an elderly widow with one room to let in her bungalow to supplement her pension is legally obliged to prepare her own FRA, but she probably still doesn't know this. Without much better guidelines than are currently available, most small B&B owners will struggle to prepare an FRA on their own. Where, for example, is there a draft FRA which could act as a template for a typical small B&B?

    If I were the owner of a very small B&B with one or two rooms, I would probably either pack up or ignore the FRAs. Neither can possibly be a desirable outcome from the government's point of view. I personally would appeal to the minister to exempt all small B&Bs with three rooms or less from these onerous new regulations, as previously. We are, after all, homes first and businesses second, which is why we have a special and growing niche in the marketplace. Does she want to ruin this? Secondly, and perhaps even more important from a national point of view, she ought to reassess the role of the Fire Departments. It is truly shocking that we cannot talk to our local Fire Brigade about our fire risks until our house is actually burning, much as it is also very difficult to talk to a policeman until a crime has been committed.

    One final thought: is it too much to expect the government to consult all affected parties BEFORE enacting major new legislation, instead of having to clear up the mess afterwards?

    FR32 – Cornwall:

    I would like to express serious concerns regarding the application of the new fire regs. We have just had a fire risk assessment by Cornwall Fire officers and we basically were told we would need to install sprinklers as the most cost effective way of protecting our guests and property. We operate a small family B&B with TWO rooms only one of which is generally occupied at the same time, yet we are being persuaded we need to fit all sorts of fire protection systems such as fire doors etc in an open plan property - one of our key selling points.

    Not only are the regs confusing, ill defined and open to interpretation but appear to be totally inappropriate for small B&Bs. Our neighbours who run a similar B&B set up have said they will close rather than have to meet this sort of restrictive burden. I don’t mean just financial – the whole essence of many small family run B & B’s is their quirky and unique homely character and whilst we need to have protection for the public, the risk that my home will burn down is pretty minimal – stuffing it full of fire doors, emergency lights and safety glass will completely destroy its unique tourist appeal!! Bring back the previous legislation which did not impact on small businesses or at least make it clear what is meant by “proportionate” in black and white!!!

    What started out as a “simplification” of a regulatory system has – as so many of this governments proposals – resulted in confusion and MORE bureaucracy, not less.

    Please make the politicians aware of the inappropriate proportionality being bought to bear against small businesses.

    FR33 – Yorkshire:

    My wife and I operate a small B&B in [Yorkshire]; we let 4 bedrooms.

    Last year we carried out a risk assesment and purchased and installed 5 new fire extinguishers and a total of 11 fire alarms/blankets and spoke to a fire officer to make sure all was in order. He disagreed with our assesment and demanded work for which we got an estimate of £12,000 be done by [date].

    In view of his threats of prosecution we have decided to sell the house as we cannot afford to continue or do the work required as our only other income is my disability benefit.

    It makes us very sad as lovers of the Yorkshire Dales we are no longer able to welcome visitors to a listed building that hasn't had a fire in 300 years even when there were 7 active fireplaces in the house.

    The best of luck with the government - we are off to France.

    FR34 – Northumberland:

    I was most interested in your comments re. Fire Regs - in addition to running [our B&B] we also help to run a local Tourism Association , so we have both our own experience and that of some of our members.

    Generally speaking, our experiences in this area have not been too bad (so far) - fire doors and alarms have been the order of the day (sensible enough given that, in the event of a fire, we all burn - not just the customers!). Our Fire Dept, Health and Hygiene and Planners all seem to have lived in the "real world", up to now at least. [Our B&B] was already clobbered years ago by the Planners when we were first opening, so a lot of things were already in place and I've only had to add a fire door and an extra linked alarm - both of which I would have done next year anyway.

    My personal worry is that, following the "Penhallow" fire, the "Nanny Brigade" will go into overdrive and things will get tightened up even further - that could indeed close quite a few places down....we need to make this very clear. In the end, you can not avoid all accidents - that's a part of life - and you need to know when a sensible balance has been struck. We could abolish nearly all road accidents by having a 5 mph limit and re-introducing the man with a red flag walking in front of all cars but everyone would know that was silly - and yet, HM Govt is in danger of making the same sort of mistake with our Industry!

    FR35 – Cornwall:

    I think the Government has an agenda to improve the quality of serviced accommodation in this Country which it believes is inferior compared to our competitors.

    It is driving up quality with 'new' legislation, effectively saying "if you are in business you are in business and business rules apply"

    (How long before business rates are applied to B&B Owners?)

    With the new fire regs: it is difficult to argue with any type of 'safety' legislation. The only way the new regulations will ever be tested is in court. If someone believes they are being unfairly treated by any Public Service body their only real option is to seek their own professional guidance and use that in any court proceedings, assuming of course their 'expert' disagrees with the Public Service body.

    I would like to know from the Minister:

    How she intends to enforce all the new regulations with people who put a B&B sign up their garden at peak times and take the profit from those who do comply with the rules?
    and

    How long will it take the Fire Authorities to visit all 'tourism' businesses to check on their Fire Risk Assessments in popular tourist destinations? On current staffing levels will it really be 15 years in Cornwall?

    FR36 – Shropshire:

    We had a talk from the county fire brigade about the fire regulations.

    Most of our businesses have done their own fire risk assessment, with a pack provided at the talk. The main grey area seems to be the question of fire alarms, which will need to be upgraded if they are only battery operated. The system needs to be such that if one alarm goes off then they all go off. However I understand that there are fire alarms which can be linked by radio, thus saving wiring costs etc.?

    FR37:

    We are a small B&B (three letting rooms). Last year we went to the expense of paying a fire prevention officer to do a Fire Risk assessment for us, and basically, even though we already had linked smoke alarms, fire extinguishers that are checked by an expert every year etc. we did not comply with any of the new fire regulations. Even more worrying, because we live in a listed building, we stand very little chance of complying without spending thousands of pounds and completely destroying the character of our home. Both the AA and Visit Britain are making it part of their inspection process, demanding to see evidence of a Fire Risk Assessment and an Access statement on each visit. The joke is that the fire extinguisher that the AA are advertising for sale to B&Bs is little more than a toy, I wouldn't even use it in a caravan! Are they really qualified to assess if the regulations have been complied with? What about all the B&B's that are not graded? Who is going to check their compliance?

    As usual this government has not thought this through, and far from de-regulating, they have just heaped on more paper work, red tape and costs to an already declining small B&B industry. If it gets too difficult we will just shut up shop and retire, along with many other B&B proprietors, robbing tourism of a very important section of the accommodation market, and the income that goes with it.

    I come from a maritime background as a surveyor, quality management auditor and occupational safety and health. I refer to page 3 of HM Government guidance notes for the Order - Sleeping Accommodation where it says that in 2004 in England and Wales 38 people were killed in fires in non domestic buildings. 38 dead people is a considerable number, however, it represent only an average of 4 days death toll for road traffic accidents in the same region! Given that 38 deaths in one year can promote such a reaction from the government why are an average of 3,500 deaths per year considered acceptable?

    The preface to the guidance notes clearly identify that they do not represent a 'standard' however, they refer to numerous standards and to the existence of other standards which are not mentioned. This is a catch all for the post incident investigation. Any fire officer can enter any building which was not constructed specifically for the purpose of sleeping accommodation, as defined, and will by fact of applying a variety of standards find fault. The problem is simply that it is only after the fire that the property owner discovers that the fire investigator is not satisfied and therefore the insurance company has withdrawn cover.

    Do not get the idea that I am in any way a believer in the thought that fires will not occur. Fires do occur; I have spent 30 years at sea and in the offshore oil & gas industry, and in that situation fire is one of the major concerns.

    When I went to audit a ship I new from the start that the vessel had been constructed with fire in mind, fire flaps, drenching/quenching systems, fire hoses, extinguishers, fire breaks, cable glands etc were all a part of the design and build. Further the vessel was inspected on a regular basis to ensure that modern standards were maintained. The inspectors were qualified people with knowledge and experience.

    The new Order has applied a requirement for non qualified people to apply an unspecified range of standards to buildings which were not designed and constructed to meet those standards - and then for the possibility of an authority to enter the building and apply any or all of the standards ad lib.

    For example, the Order applies equally to a large petrochemical plant as it does to a B&B. How many B&B owners know how to conduct a full hazard assessment and a risk analysis? The answer must be relatively few.

    The unqualified status of the responsible person brings me to a true story: I boarded a vessel on one occasion to conduct a follow up safety audit for a large international oil company based in London. On discovering a fire extinguisher in the shower I was surprised to learn that it had been installed at the insistence of the previous auditor. The auditor had applied the following reasoning: fires are generally caused by the presence of people, all the crew enter the showers on a daily basis but only one member of the crew enters the paint and inflammable store on a weekly basis, therefore there is a greater risk of fire in the showers than in the paints store!

    The latest government Order has brought this industry to a similar situation, Advantage West Midlands have advised that a torch in a bed room of a B&B is suitable as an emergency lighting system. This is the same mentality as the fire extinguisher in the shower, but instead of being applied to a single ship it has been broadcast around the west midlands.

    Certainly I am not opposed to the assistance of the Government who may wish to publish guidance notes to fire safety; the failing is the sting in the tail where it appears that a Local Fire Officer can enter our premises at will and apply his own interpretation of a fire risk assessment.

    I know that if I conduct a full hazard identification study, followed by a hazard and operability study I will find very many hazard in this building.

    If I apply a sensible risk assessment based upon the expected age range and mobility capability of our guests, the maximum numbers of guest and the ratio of non guest to guests who are familiar with the building and the fire detection and alarm systems plus the escape routes - then I am satisfied that within the meaning of the act - I have taken all reasonable precautions. More than that I am satisfied to sleep in this building without undue concern.

    We come down to the definition of reasonable. I know the building and the situation, a visiting fire officer does not and therefore he applies the standards in accordance with his interpretation and not his knowledge.

    FR38:

    Interesting! As usual it is the "little people" or "middle England" that are always most affected by the "fag packet " laws implemented... particularly by the numerous ones introduced by this government.

    Obviously in no way do I underestimate the tragedy of what happened in Newquay, but accidents do happen and however cautious any of us are, however many reports we write sometimes, tragically, things do go wrong even thorough plans have been put in place.

    It seems not a day goes past when I endeavour to fill in a piece of paper to say this has been done, that has been carried out, yes we are aware this maybe a hazard and have put a plan in to action.....It's all about at the end of the day, and please excuse my language, covering ass because we have become blighted by a population who think it is their right to sue rather than taking responsibility for themselves on many occasions.

    In addition to that, because there is a severe problem of employment having all but abolished manufacturing and having a jolly good go at other traditional employments such as the farming industry, the government needs to think of "new employment opportunities" and create jobs that make no sense and have not been thought through properly ie: HIPS agents to name but one....

    I could go on for a long time on this subject and associated ones, as do our guests ...you should come to the hotel and joint in! ... oh! sorry, I'm not allowed to call myself "hotel" any more due to a make over of the grading scheme: just don't go there.....!!

    No wonder so many "goodly" people are leaving this beautiful country once called GREAT Britain. It is now fast becoming a dumping ground for the misplaced or the miscellaneous dross that walk and terrify sectors of our communities and what are "they" doing about it?.....legislate against "the little people" Why? because we are easy target, law abiding citizens. Mark my words: one day the peasants will become revolting because we have ALL had ENOUGH...

    Best of luck with this campaign and any other. Thank goodness for the freedom of speech: little good that it does but... Cor! I feel better for that!

    FR39 – North Yorkshire:

    I am not a member of your association, but having read your newsletter I have looked into the situation and am horrified at the results. Apparently I will have to have fire doors fitted in order to continue in business and this I am not prepared to do as it would ruin the character of the house. I am very unhappy about this situation as I had intended to continue for some time yet and as I am just about the only B&B left in the village the results will be disastrous for holidaymakers and the many walkers on the Cleveland Way, not to mention the economy of the village.

    Thank you for alerting me to the situation, but I am not feeling optimistic about the future.

    FR40 – Suffolk:

    Redholme Guest House, Ipswich, Suffolk
    Closed 31 August 2007 due to new Fire and other Regulations

    Background

    For over 13 years up to the end of August 2007 Redholme Guest House was a very successful 4 star B&B located near the centre of Ipswich town. As a guest house we provided a high standard of accommodation for 6 or less guests in 4 guest rooms situated on the ground and first floors each with a full scale bathroom en-suite. Through the years Redholme enjoyed an occupancy rate well above average with over 50% of guests from overseas and was respected by guests and other local operators as reflected in a very high proportion of return business and referral. We took pride in doing what we could to help guests enjoy their stay in Suffolk. Redholme GH has always been non smoking, does not have open fires and does not accept electric blankets; the main causes of house fires.

    We were registered with VisitBritain throughout starting as 2 Crown HC, becoming 4 Diamonds and then 4 Star. We have never been very impressed by the service and support from VB et al and they have shown very little concern regarding this situation. Frankly I do not believe that they understand the smaller B&B and its role.

    The Redholme building is a large Victorian house built in 1884 with 3 reception rooms and 7 bedrooms. In cooperation with earlier visits by Fire Officers we had installed 18 smoke detectors (not linked) including 4 with lighting in the hallways, 1 heat detector, fire blanket, 6 extinguishers (on service contract)

    Visits

    Early in 2007 we were visited by a representative of the local council Health and Safety office who introduced the new Food Hygiene regulations and explained the procedures and records we were now required to maintain. Unbelievable! It was all a bit vague as the person concerned was on temporary assignment to the department. We were given a great multi-panel Food Standards Agency folder containing procedures and all sorts of forms for the purpose. As we were given several years in which to get it all working, I am afraid it got put on the backburner!

    In March 2007 we were visited by two fire officers who at great length explained the new legislation and all the equipment and procedures we must install. Fire Certificates and the 6 or less rule were now defunct and we could have as many guests as we liked. An attempt at preparing a Fire Risk Assessment was rubbished and we were referred to the 150 page book. The follow up letter set out the basic requirements with a general reference to conformance and a threat of prosecution if we did not comply within the timescale. We had until 10 June to meet to the new regulations. The Fire Service have been given an enforcement concordat that enables them to prosecute direct. Reluctantly, after consultation with various bodies to check the validity of the requirements, we decided that we should close. Quite apart from the cost (£15-20,000) and the administrative burden involved we felt that the result would detract from the “home from home” ethos of a small B&B. Also, there were too many vague and unknown factors and there was no guarantee that we would get it right.

    One unknown factor was the reaction of the local planning authorities. Given our limit on guest numbers and use of rooms, the house was still registered as “private” use. A low key enquiry to the local planners suggested that, given the more obvious business features that we would have to install and removal of the 6 guest limit, it was likely that we would have to apply for “business” use. There was no guarantee that this would be granted particularly as Redholme is situated in a Conservation area. There are no hard and fast rules governing this planning assessment (yet!) but should one take the risk? To be reclassified for Business use would make us liable for Business rates which might be less than our “G” band rate but, if we were resident in the building which obviously we would be, we would be liable for Council Tax as well.

    It would have been impossible to meet the 10 June deadline anyway and as we had significant bookings for June through September so we submitted a request for a “stay of execution” to September. This was denied in a repeat of the first letter. However, the enforcement concordat provides for an appeal to a more senior officer which we did. After being denied access to the Chief Fire Officer, I was connected to a alleged “senior” officer who, after a hard exchange to determine his rank, turned out to be the Office Manager who had supervisory responsible for the officious letters sent to us. We insisted that we wished to speak to a more senior officer and a couple of days latter we received a call from a divisional officer who showed a bit more understanding of our situation and offered a compromise. Provided that we did some basic things by 10 June, a fire risk assessment, fire alarm and emergency lighting quotes, and install exit signs, then we could extend until September.

    We had obtained a copy of the 150 page Regulatory Reform (Fire Safety) Order 2005 as we were told that the first 47 pages set out how to do a Fire Risk assessment … not so. It sets out all sorts of concerns and aspects to consider and a so called sample fire risk form but there is no guidance on how to carry out the assessment or deduce the actions you then need to take. You could easily fall short and have to do it all again, if permitted, or incur unnecessary overspend.

    In view of the short time we had to carry out these basic items, we hired a Fire Consultant (retired fire officer I had met before) who advised us and prepared a Fire Risk Assessment for a fee of £300 while we did the other items. Quotes were very difficult to obtain as suppliers expected to do the whole job (the regulatory bandwagon!). We installed a minimum number of signs. The Consultant prepared a Fire Risk Assessment based on a British Standard which took a form I would never have come up with.

    Shortly after 10 June we received a phone call from the Fire Officer to check what we had done which we were able to confirm. He said that he would visit again at the end of August to check us out. By this time the relationship was getting a bit fraught! Interestingly enough, the Fire Risk Assessment only goes into your own file.

    Towards the end of August, sure enough, the Fire Officer rang again and, after a rather heated exchange, he accepted that we been forced to close and cancelled a further visit. Shortly after we received another officious letter confirming their understanding.

    Observations

    The new fire regulations are designed to simplify but this only applies to those establishments who previously had a Fire Certificate. To the small B&B previously exempt it presents a whole new ball game beyond what is reasonable to expect of the operator of a small business. Reports from larger establishments in the area show that it has become more complex for them with inconsistency of interpretation and uncertainty as to what is acceptable.

    We are not aware of any evidence that the small B&B presents any more risk than before. This change in legislation appears to have been implemented as another example of political correctness with no thought as to the consequences and there is evidence that it is being implemented inconsistently and unfairly.

    It is difficult to assess the capacity and facility that the small B&B’s provide to the UK Tourism industry but there must be thousands and their combined contribution must be substantial particularly in providing a low cost alternative to the large impersonal hotels and in providing the homely atmosphere that is their forte.

    There is an urgent need to review and understand the situation before we lose this valuable British institution altogether. One immediate action would be to provide a practical guide as to how to prepare a Risk Assessment and deduce the actions required: the 147 page book is too intimidating and to have it done professionally is expensive and does not necessarily engender the awareness that is as important as the facilities.

    C John McNeil, 13 October 2007

    FR41 – Norfolk:

    Like many B&B owners we have been daunted by the strictness of the new regulations. We have a 4 bedroom house and take no more than 6 guests. But after a visit from a fire officer we have been served with an enforcement notice to install 10 alarms in the house, all interlinked (one in each bedroom, one each in the four downstairs rooms, and two in the hallways).

    Our premises, like most B&Bs, are not purpose built but were designed as private houses. Therefore the level of soundproofing is fairly low. When we contacted an electrician with a view to having the work done he pointed out that the noise of 10 alarms going off simultaneously would be horrendous. Most detector alarms are 65-85 decibels each. From some research I have done I understand that the safe level of noise is 120 to 140 decibels. Beyond that the noise, even in brief bursts, is likely to cause permanent hearing damage. Thus an interlinked system with 10 alarms going off simultaneously in a medium sized house would be likely to contravene health and safety regulations. Or in other words the benefits of the system could well be outweighed by the risk factor from the noise.

    Alarms can of course be set off not necessarily because of a fire but due to the occasional malfunction in the system or, for example, from toast being burnt in the kitchen and smoke spreading some way through the house.

    All very frustrating. I get the impression that the legislation wasn't thought through properly and probably without sufficient consultation with, especially, guest houses and B&Bs. Application of the regulations seems open to some interpretation (especially regarding B&Bs), depending on the particular fire authority.

    FR42 – Leicestershire:

    Thank you for lobbying on behalf of myself and other owners of small B & B's on this very important issue. The fire regulations are a great source of worry for me because I do not know how my local fire safety department is going to interpret the legislation.

    There seems to be very little in the way of low cost help for those like myself who only let one or two rooms on an irregular basis and therefore our profit margins are extremely low. My net profit this last year was just under £1000.

    My guests appreciate that they are staying in a family home and indeed prefer not to stay in a hotel. My guests have said that I have not only met but exceeded their expectations and I would not be happy with anything less. Of course, they need to be safe and they deserve the best attention to detail; I take my responsibilities very seriously. I enjoy what I do and would like to continue to offer the best service I can to my guests, many of whom come back time and again. However, the burden of legislation with the associated costs sometimes makes me feel that it just isn't worth it and there will come a point when, financially, it isn't.

    FR43 – Nottinghamshire:

    I run a Country cottage B&B with three rooms in the house and two in a barn conversion.

    The cottage being 350 years old has many of it’s original features, and on his drop in visit (without appointment), the fire officer only wanted me to replace my original doors with fire doors and was trying to put extra smoke alarms all over the place.

    Now my cottage is very compact and the 3 smoke alarms that are well place for this property certainly wake up the whole household.

    We have 2 staircases and if you need to get out quickly and safely you can without difficulty.

    The officer was very off hand and his words to me were that if I didn’t want to comply with his suggestions then perhaps I should sell up and leave.

    This was not the correct thing to say to a widow, who, along with her daughter had fought hard to save her home and business and grow it so as to pay a large mortgage and keep our lovely home.

    It’s about time this country stood by the hard working small business person, it is common sense that we have to be safety conscious and have the safety of our guests in hand but we live in our homes and know were the risks are, and statistics show that B&B’s are far less likely to have fires of the same nature as hotels, and that because we are small, compact and know our homes are able to keep people safe. The biggest killer being smoking and the one thing I have done thanks to the non smoking ban, and the fire regs is ban smoking anywhere on the premises including the garden and in doing this I have received more respect from smokers than I ever had before.

    FR44 – Norfolk:

    I offer two double bedrooms, ie 4 paying guests. I guess my occupancy rate is about 50% annually. I have had an initial inspection – the modifications being mooted (I have not had a report back yet) will probably mean my closing the business. I have always been fire and general hazard aware and have always run regularly reviewed risk-assessments. Smoke alarms are fitted throughout the property including guest bedrooms. I am being told I will need a hard-wired smoke alarm system plus having several 30 minute fire doors with smoke seals fitted. I will probably close.

    FR45 – Norfolk:

    I had my inspection by [name] of the fire service on [date]. I had already studied the changes in the regulations and carried out a risk assessment; however this was greatly at odds with Mr. [name]’s findings.

    We are a small scale establishment, having two letting rooms in a five bedroom house which is also our family home.

    To briefly summarise the findings of the fire officer, in order to comply with the new regulations we would have to:

    1. Replace every single door in the house with a self closing 30 minute fire door fitted with smoke seals and fitted to a tolerance of 3-5mm.
    2. Fit mains powered interlinked smoke alarms (heat alarm in kitchen) in every single room in the house.
    3. Fit an emergency lighting system working independently of the mains supply to illuminate the hall and stairs.
    4. Change the front door lock so it can be opened from the inside without a key.
    5. Fit a lock to the linen cupboard door "so that disgruntled guests could not access it and start a fire" (I think this is the most preposterous thing I have ever heard)
    6. Instigate maintenance contracts for the fire doors, alarms, etc.

    Please note that this summary is based on notes I took at the time of the inspection, because the written feedback I received from the inspector, which took over two weeks to arrive, bore little resemblance to what had been said during his visit and indeed had the appearance of a mere standard letter, for example when it referred to premises employing five or more people (I am a sole trader). The so-called schedule of work was nothing of the sort, merely vague and unspecfic. I have attempted to contact [the fire officer] by phone to go through his report, leaving a message for him to ring me back, but this he has omitted to do.

    I am not in a position to be able to afford this amount of work, which would wipe out my profits for years to come. As previously stated, we are small scale establishment, and the requirements are to me grossly disproportionate; aside from the cost, they would disfigure our house. I will therefore have no choice but to close indefinitely, probably within the next month. Since my business is also our house, we will have to sell up and move on. We started this business from scratch four years ago and it now lies in ruins.

    I hope that this information is of use to you. I would appreciate any feedback from you as to how other small establishments are faring and how many are being put in the same position as me. Hopefully my experience can be put towards a campaign to reverse the change in the law and return to the previous system of exemption for small establishments. While it would be too late for me, perhaps some others could be spared. I do not know why or at whose behest the law was changed. I have never heard of a single incidence of a fire in a small b&b establishment.

    FR46 – Norfolk:

    I am relieved that some action is being taken to protest against the effects of the new fire regs on small B&Bs. Our fire inspection was done at the beginning of March by [fire officer] and a number of issues arose.

    We have been doing B&B at our family home for 10 years. We have 3 en suite guest rooms and a VB 4 star rating. 2 guest rooms are ground floor in a separate building in our courtyard. Each room opens directly to the outside. Our other guest room is in the main house. The house is 400 years old, large, but of normal 2 storey construction. We did our own fire assessment as from the leaflets it seemed quite straight forward, particularly as we regarded the ground floor rooms as being just about as safe as possible.

    We realised that the house layout upstairs - staircase at one end of landing, guestroom at the other end - made the escape route quite long and therefore installed extinguishers (domestic) at the top and bottom of the stairs, additional smoke detectors (battery operated, not linked) and also acquired an escape ladder so that if the worst occurred, guests could escape from their bathroom window. We also stated in our fire assessment that young, elderly or guests with limited mobility would only be accommodated in the courtyard. I note from our conversation that the max distance from fire exit should be 18m. I have not yet measured it, but neither did the fire officer.

    Unfortunately we feel that the fire officer assessed us quite harshly and none of the measures we had put in place were found to be sufficient.

    Firstly, he has requested an LD2 alarm system in the ground floor courtyard building.

    Secondly, he told us from THAT day we must not use the upstairs guestroom at all until an LD2 alarm is installed in the house (i.e. smoke detectors in the roof and every room in the house) plus fire doors fitted to all upstairs rooms and most downstairs ones.

    Fortunately no guests were due to arrive that day, otherwise they would have been without a room! At the meeting I picked out 2 occasions where all 3 rooms were already booked by a party. As a concession he has allowed us, for these 2 bookings only, to swap the guest room to one at the top of the stairs, although this is not en suite and additional smoke detectors have had to be fitted.

    I have booked the work to be carried out in the courtyard and this will take place before the deadline we have been given of 1 May.

    Discussions with 2 alarms companies have shown that it is uneconomic to fit an LD2 alarm system in the house for the sake of one guestroom. (Likely cost being anywhere between £3,000 - £5,000) Also, being an old house (although not listed) none of the doorways are stardard sizes. It would therefore be extremely costly and probably impractical to fit fire doors throughout the house. I'm told by some people that firedoor blanks can be cut to fit, but others say that this invalidates their guarantee. Regardless, this is our family home and has great charm that we and our guests love. We certainly do not want to spoil its character by fitting fire doors everywhere.

    Losing the farmhouse guestroom has meant that we have lost a third of our potential business overnight.

    Sorry, this is such an epic. We obviously do not want to put our guests at risk, but this is a family home with children in it and we feel that the regulations being imposed are out of proportion to the size of our business and the risks involved.

    I do not think we are an isolated case and I look forward to any feedback you may have after your meetings. Thank you for your support.

    FR47 – Cornwall:

    Most premises have now had to upgrade to L2 fire alarms under threat of closure enforcement. Including ourselves at a cost of £4k +.

    This should have all been sorted out prior to enforcement notices being issued. The problem in todays society is that we have 24 hour news with a inherent blame culture. No one including the fire brigade are willing to take responsibility.

    We have just had a second inspection following the installation of our upgraded radio alarm. Only to be advised that our fire risk assessment which we had done professionally instead of a DIY job at a considerable cost was now non-compliant. When a different fire officer had passed it as compliant 6 months ago.

    I would appreciate some consistency, and timely advice. We live under constant worry of changing legislation which I believe is designed to cost us money and minimalise profit. Operating under the VAT threshold does not leave much room for new fire alarms and legislation around employing people makes it a nightmare to try and expand the business.

    I love my lifestyle but am seriuosly considering changing the place into flats or selling it and taking the easy option and getting a job.

    I thought this government was supportive of self enterprise but continual legislation is making operating a nightmare.

    FR48 – Suffolk:

    After my letting the [local paper] have a copy of all letters received and sent to the fire safety dept they printed a whole page spread of the trouble these draconian laws have on B&Bs. The laws are interpeted at the whims and wishes of the Fire Safety Officers and they differ widely. So far we have had three different versions. The 16 loud decibel smoke alarms were not sufficient, even though, when I burnt the toast the two nearest the kitchen went off and the whole household is alerted !! The 10 fire extinguishers, as demanded by the health and safety officers who inspected us for the insurance company`s certificate, seem to become redundant. The insurance company want us to save the building. The Fire Safety Dept want every one to scarper and get out of the building. Be careful not to trip over the extinguishers!!

    The one fire officer demanded we block in our open plan stairway to the kitchen cum sitting room cum dining room. This would prevent any furniture removal or access to the floor above. It had to be permanent. Pointing this out the next said I could make it with removable panels.

    We had very clear red fire exit signs. No, no. These must be the institutionalised green ones!!

    Our sitting room is open plan to the top landing giving added space and views. No. no. We must build a wall and have a fire door to block in the " passage way "

    The self catering wing with four bedrooms ( demanding the blocked in stairs ) had to have fire doors on all rooms, interconnecting alarms and emergency lighting to British Standards.

    Our house is two houses joined together with access through a bathroom on the top floor, a door way between the two dining rooms, This has two doors in the one frame to dampen the noise from music students who are our main self catering guests. We often have quartets practising in there. This whole house has thus two stairways, accessable to all guests and we have a balcony with an escape ladder .

    The double door is not acceptable (it is unusual, so is not in the rule book and nor is a whole bathroom as a division in a passage way).

    It was a costly exercise to comply in the self catering wing, so we decided to block in the access doorways between the properties and sell it. The large cellars also had inter connecting door ways. These were also bricked in, plastered and painted. Some plumbing had to be altered too. Only £ 2000 odd

    Now comes the Divisional Fire officer. A prohibition order is placed on us until we reopen the access on the second floor through the bathroom and this must have a self closing fire door with a Wellington Lock.

    This gives access from the self catering wing to exit down our stairs but we cannot exit from our side to the other stairway. Common sense has gone, with our polititians who pass these draconian laws

    Then comes daylight. This fire officer says " if you get a sprinkler system installed there is no need to block in any stairs or have fire doors any where" !! Wow !! really ? Bingo !!

    Right. Come in Mr Sprinkler man First quote £4,500. No mention of how many or where. Just in Our house part.

    Second Man: No no. You only need sprinkler the passage way, as done in an old peoples home in Lowestoft. But he had better check with said fire officer, and his chief. We are still waiting. !!

    Will insurance companies accept sprinkler systems ?

    FR49 – North Wales:

    We have a small B&B with 3 bedrooms/ 6 bed spaces, in a modern (1984) split-level house. The bedrooms are all on the lower floor with a guest lounge, from where there is a doorway onto the garden. These rooms all share a common corridor with our own bedroom and the bathrooms. All bedrooms have windows opening onto the garden through which it is possible to escape. From this corridor a straight staircase rises to a landing and front door onto the driveway.

    We had a Fire Safety Audit visit from the enforcement officer after the local firemen found us when distributing free smoke detectors in our road. After an initial discussion, I wrote a Risk Assessment and after various phone calls and correspondence received a NOTIFICATION OF DEFICIENCIES. The main requirement of this is the fitting of self-closing fire doors, frames and closers to all rooms, and linked mains & battery operated smoke and heat detectors. However, this does not entirely align with the Government's Fire Safety Risk Assessment:- Sleeping Accommodation Full Fire Guide page 12.

    As our house is totally non-smoking (which has always been strictly adhered to by our 1,000+ guests), the only possible source of ignition (according to this guide) are table lamps, which we are prepared to remove. This should negate the need for fire doors and frames which would cost us around £2,000 to have installed and make our attractive house look like an hotel. I propose to use this argument to the enforcement officer; I'll keep you posted.

    FR50 – Shropshire:

    We are currently in disscusions with Shropshire fire & Rescue regarding thier interpretation of the Oct 2006 Fire safety order.

    It seems they may have some discretion as to how they enforce the order. We have a major sticking point regarding our front door which is the main escape door.

    We are not prepared to compromise our security, that of any occupants, or our current insurance conditions, in order to comply with a requirement to essentially make the door less secure for a theoretical possibility. Unless a compromise is reached, it is likely we will cease the B & B aspect at our home.

    I understand a number of other B & B's are considering doing likewise…

    We were deemed safe prior to Oct 2006 having applied for a "fire certificate" and were told one was not required. My word the legislators certainly know how to screw things up!!!!

    OWNER PROPRITORS IN RESIDENCE MEAN NO MORE RISK THAN ANY NORMAL FAMILY HOME COS IT IS NOT IN OUR INTEREST TO SEE IT BURNT OUT. WE MANAGE THE RISK AUTOMATICALLY!!!! WHY ARE OUR PAYING GUESTS ANY MORE IMPORTANT THAN OUR FAMILIES, YET WE ARE NOT REQUIRED TO IMPLEMENT SEMI COMMERCIAL PRECAUCTIONS IF THE PROPERTY IS USED SOLEY AS A DOMESTIC RESIDENCE.

    FR51 – Devon:

    [Extract from B&B owner's letter to fire department:]

    "Following the visit on the 4th July 2008 to our home of your fire safety inspecting officer [name] and the alterations to our home that he advised us that we would be required to carry out, it is with great regret that we have decided not to have holiday guests in our home.

    Faced with the choice of carrying out alterations to our period house which would change its character and destroy a part of its history or cease sharing our house with our guests with the small financial benefit obtained, we have no hesitation in taking the latter action.

    Furthermore having discussed the requirements with others in the same situation the vast majority would take the same action and indeed we are aware of one other family who have already taken the same action as ourselves as a direct result of our experience.

    Having studied the above order in some detail I can only come to the conclusion that the current situation has come about due to a fundamental misinterpretation of the definitions included within the order, and the governments own published guidelines.

    In particular the definition of ‘domestic premises’ i.e. ‘premises occupied as a private dwelling’. It would be ridiculous to claim that my family and I do not occupy every part of our house as our family home when we clearly do. Further, as a normal part of family life we have guests who come to stay some of whom pay, to stay as guests fully integrated in our family life.

    The governments own guidelines specifically state the ‘The law does not apply to you unless you are responsible for a part of a dwelling that is solely used for business purposes. Therefore an establishment where the owners lived in a separate apartment or annexe to that part used by guests would clearly come within the scope of the order. Whereas a private family home occupied by that family and shared with guests clearly is not used solely for business purposes and does not come within the scope of the order.

    It is understandable that such clear and simple wording could be misinterpreted if your officers start with the question ‘Do you do B&B?’ then when the answer is yes assume that the order automatically applies, when they should first ask if you live in a premises occupied as a private dwelling and then whether any part of that dwelling is used solely for business purposes.

    It would be a somewhat perverse interpretation of the guidelines or the definition of a family home if as has been suggested to me by your inspecting officer a bedroom when occupied by guests becomes a part of the dwelling used solely for business purposes. You would hardly expect in any normal household a guest (paying or otherwise) or for that matter an adult member of the family to share a bedroom. Furthermore for the vast majority of the time, those rooms would be used exclusively by the family as part of the household.

    I cannot stress strongly enough that the vast majority of families offering high quality guest accommodation in their own often historic homes will cease to offer this unique facility rather than carry out alterations which will as stated above change its character and destroy a part of its history. It would be their moral duty as current custodians to protect its historic value.

    I must ask you to reconsider your position in light of the above and not least because of the devastating implications for the tourist industry and the economy of the south west in particular of an ill considered and flawed interpretation of this intended deregulatory order."

    FR52 – Yorkshire:

    I am really being put under a lot of pressure by the fire safety officers to have a lot of very expensive work done on our home if we are to continue doing B&B. I seem to be unfortunate in that I have a Fire safety officer (x2) who is/are determined to interpret the new law down to the very last letter thereof!!!

    The bottom line seems to be that every room with a door that leads onto the main escape route (for most small B&Bs this will be their staircase), all those doors will have to be replaced by firedoors, with self closures on them; each of these rooms will have to be fitted with a mains wired and interconnected smoke alarm. The doors are a huge problem for us as we live in a Victorian house with beautiful original stripped pine doors, and none are a standard size. Replacing them will be very expensive (6 in all, 9 if we have them all matching). For me it will completely ruin the look of the house and also its character and ethos!

    I would be very interested to know of other B&B owners who are up against this sort of non-sensical bureaucracy which lumps in small B&Bs with small hotels able to sleep upto 60 people.

    FR53 – North Wales:

    This morning we have had another visit from Kevin Brain, Fire Safety Enforcement Officer, North Gwynedd (N.Wales Fire & Rescue Service), at 2 hours notice! He brought us some GOOD NEWS! After consultation with various official bodies it has been decided that FIRE DOORS, FRAMES AND HYDRAULIC CLOSERS ARE NOT REQUIRED IN SMALL B&B'S !!! A sensible compromise has been reached such that where a close fitting door exists a LIGHTWEIGHT CLOSER CAN BE ATTACHED WITHOUT REPLACING THE DOOR. For example, the invisible chain-operated spring type which fits inside the door and is attached to the inside of the door frame. The remaining requirements, such as the linked mains-operated alarm system etc. etc. remain in force but we can live with that. (Where the link cabling cannot be hidden, a wireless- operated smoke or heat detector base can be used).

    We should receive a letter confirming this which I will copy to you in due course. I understand that written national guidance will be also issued.

    [Handheld torches were also accepted as emergency lighting in this case, though these have been rejected elsewhere, eg FR54 below. NB: we have not been able to confirm the above report about door closers and “national guidance”, which seems anomalous compared with other reports and enforcement actions in North Wales and elsewhere]

    FR54 – Somerset:

    I had my 4th visit from the firemen on the 1st September '08. I have finally been passed. On 6th September I received a letter from the firemen to say the Enforcement Notice is completed, so I shall not be taken to Court.

    This has all been going on since 14th January '08.

    Total cost to me: £4,100.

    I now have a system worthy of a large, multi-occupied establishment. It is useless here in a fire. The firemen have acknowledged that at the meeting here on 1st May. They even suggested that having rescued everyone, I should come back into my burning building, to read my screen!

    I also have an emergency lighting system. Torches by all beds were deemed by firemen to be insufficient.

    I have a professionally-written Fire Risk Assessment document. It is 23 pages of A4. It, in my opinion, could not possibly be written by an amateur, which is what the Government document suggests is sufficient. I had this written for free (by someone in the "fire" branch of the company who installed and manage our burglar alarm system. They said we were such a good customer) so I do not know the true cost.

    I have signage.

    It was interesting that the 1st attempt at the installation of the L2 system got passed by the firemen, but then when the writer of the Fire Risk Assessment came along, he said various aspects did not comply with regs [an instance of the fire officer “enforcing the guide” here]. It had been installed by professionals. So these installers had to return and re-do various things. (The writer of the Assessment said, quite rightly, that on a further inspection by the firemen, in the future, I might come across a fireman who knew a bit more about regs. He could then insist on changes, which would be more expense for me). So, the right hand does not really know what the left is doing on all of this. It is a minefield for the amateur. Thank goodness I called in a professional to write this Assessment, or I would never have known. But the Government document suggests that we can write this document ourselves!! Clearly not.





    • image