Do you have paying guests? Letting property for short term stays

Short term stay letting property including AirBnB accommodation is incredibly popular and has seen a surge in popularity in the last few years. The industry is worth billions of pounds in revenue. If you are an owner of a short term let property or AirBnB then there are a number of responsibilities involved which you should be aware of. One of the most important is fire safety.

Fire safety law applies to you if anyone pays to stay in your property, other than to live there as a permanent residence. Fire safety law in Scotland is enforced by the Scottish Fire & Rescue Service (SFRS) and their teams of Legislative Enforcement officers. The legislation which is relevant to AirBnB’s is the Fire (Scotland) Act 2005 and Fire Safety (Scotland) Regulations 2006. A link to Sector Specific Guidance for Existing Premises with Sleeping Accommodation can be found in the resources section at the end of this article.

Fire safety law applies to short term letting accommodation premises regardless of how they are marketed, so will include relevant premises marketed through ‘peer to peer’ online platforms i.e. AirBnB premises. Fire safety law applies to you if you let out a room within your own home as guest accommodation even if you only do it occasionally. As a short term let property owner, what are my responsibilities? The Fire (Scotland) Act 2005 makes you the ‘duty holder’ or person in control of the premises to take steps to ensure the safety of paying guests who let the property from you. You must:

Carry out an Fire Safety Risk Assessment (FSRA) If the outcomes of the risk assessment require it – take the 3 necessary steps to improve your fire safety measures Review the fire safety risk assessment regularly to ensure its 3 currency is maintained You may be able to carry out an FSRA yourself, particularly if your premises is small and straightforward in internal layout. As a rule, if your premises are significantly larger than a family home, or if they include long, unusual or complicated routes to an exit, you will require more detailed advice on the range of fire safety arrangements that you need to consider.

You may prefer to have someone else carry out an FSRA. There are a number of fire risk assessors available who can assist that you can pay to complete an FSRA, however you remain legally responsible for the FSRA. The Scottish Fire & Rescue Service, being the enforcing authority are unable to carry out FSRA’s for you. However they can offer guidance and advice on how you can achieve this and ensure your property is not only safe for guests but also legislatively compliant. What is a Fire Safety Risk Assessment?

An FSRA is a holistic assessment of your premises, the persons likely to stay in those premises which includes elderly, very young children and disabled people. An FSRA is based upon the risk of fire breaking out and what measures you as the duty holder require to ensure are in place to prevent that fire in the first instance and ensure the safety of those paying guests. Gold Standard It is prudent for you to maintain a written record of your FSRA. If you have five or more employees (including any who work part-time) or your premises is subject to a license enacted upon it, the law says you must make a written record of the significant findings of the FSRA. Keeping a record will save you time and effort when you come to review and update it. It will also good practice and management compliance should the Scottish Fire & Rescue Service require to visit your property.

Taking time to carry out an FSRA and act upon the findings not only ensures the safety of your guests but also protects your premises and increases your business resilience. After all, your property is a significant financial investment so it makes perfect sense to protect it as much as you possibly can.

The 5 steps of fire safety risk assessment Assess the fire risk within your property and consider how to maintain the safety of your guests and premises. Make a plan to improve fire safety measures within your premises. Keep a record of your FSRA and review it regularly.

STEP 1 What is a fire hazard?

Think about how a fire could start on your premises. Walk round your premises, both inside and out and look for hazards. Fire starts when heat comes into contact with fuel (anything that burns) and oxygen in the air. You need to keep heat and fuel apart. With that in mind, look for: Naked flames Portable heaters Electrical equipment Signs of smoking Matches and ash trays Anything else that could emit heat or anything which may cause sparks Pay particular attention to kitchens and guest bedrooms and where people may use matches and candles or areas where they may smoke. Think about what could burn and how quickly a fire could spread. Laundry materials, curtains, furniture and cooking oil could all burn, just like the more obvious fuels such as fuel, paint, varnish and other flammable liquids likely to be found in a household.

Check outside for fuel too. A common cause of fires in properties is ignition of external refuse – ensure that any refuse stored externally is well away from the building, not up against it in bins or located underneath overhangs or eaves of roofs. Don’t just consider fire spread – think about whether anything external which catches fire could affect the escape route from your premises.

Consider your buildings construction – are walls made of brick, hardboard or chipboard? Are there polystyrene tiles on the ceiling and if so are they located within a main means of escape?

STEP 2 Consider who is at risk?

Everyone is at risk if there is a fire. You need to think about yourself, your family, your guests and anyone else who visits the premises. Some people should be considered to be at an elevated risk compared to others. For example, young children, the elderly or those with physical disabilities or cognitive impairments may be particularly at risk and require specific consideration.

STEP 3 Consider and implement your fire action plan Using what you have found in STEP 1 and STEP 2 you should be able to remove or reduce any hazards identified. Think about whether a heat source, such as a hair dryer or hair straighteners, could fall, be knocked or pushed into something that could ignite. Is the electrical equipment within your property modern/working properly? Has it been PAT Tested recently and is your mains wiring in good serviceable condition – when was your last EICR carried out? Electrical fires are one of the most common causes of fire in the UK.

Now think about what you need to do if there is a fire on your premises. How will it be detected and how will you alert people on the premises? For example, do you have an automatic fire detection system? Are the detectors of the correct type and in the right place? Is the system tested regularly? Can you hear the alarm in each bedroom? Is the alarm loud enough to wake someone who is sleeping in bed? Are your smoke and heat detectors interlinked? What action will you take to protect people on your premises and make sure everyone can find their way out in an emergency? You need to make sure your guests know what to do if a fire occurs. Will everyone on the premises be able to find their way out in an emergency? Would any escape routes benefit from emergency escape lighting? Are areas immediately outside final exits clear of obstructions and adequately lit? Have you practiced a fire drill? Do you have equipment to allow someone to put a small fire out?

STEP 4 Record, plan and train

It is a good idea to keep a written record of the significant findings from your risk assessment. This should include:

Any fire risks you have identified in STEP 1 Any measures you have implemented to reduce or eliminate those risks Any additional actions you require to take (Use an Action Plan and define reasonable timescales for completion, signing/dating completed actions off as they are completed) STEP 5 Review regularly

Any written FSRA should be seen as a helpful, living document. It’s not something that should be completed and then forgotten and requires to be reviewed regularly.

You should review the assessment regularly and, if necessary, update it If any changes occur in the way you use your premises, or if the layout changes, the risks may also change If any review identifies new risk, you need to ensure you consider and address these to keep your paying guests as safe as possible ‘Gold Standard’ is to maintain a written, documented copy of your FSRA as well as any new plan that you need to implement - this demonstrates a responsible management attitude to fire safety For further information on FSRA within short term let properties, contact your local SFRS Fire Safety Officer or Watch Manager Gary Wood SFRS, Senior Business Resilience Officer, Scottish Business Resilience Centre: gary.wood@sbrcentre.co.uk

Gary Wood Senior Business Resilience Adviser

There are a number of resources available online for guidance and advice on FSRA including blank FSRA templates and example templates. To find out more, visit: www.sbrcentre.co.uk/FSRA