Part 4: Higher-risk buildings Duties relating to building safety risks Section 84: Management of building safety risks Background
This is a new provision.
	The Independent Review identified that a new approach, built on existing risk management principles, was needed to manage risks to residents in higher-risk buildings and ensure that the whole of the building is properly, regularly and proactively considered by a dutyholder against the principles of what is reasonably practicable to reduce risk.
	The Independent Review recommended new responsibilities be placed on dutyholders to proactively manage risks and work with residents (both those residing in the property and, depending on the ownership model, the landlord or leaseholder of flats) to ensure that the building remains safe throughout its life cycle.
Example 1
Both higher-risk buildings that have passed through the Gateway process and are recently occupied as well as existing higher-risk buildings that have long been occupied by residents will be covered by this clause. The Building Safety Regulator will have the power to issue guidance as to how those building safety risks may be managed and mitigated to an acceptable level and relevant factors to be taken into account in assessing what it is reasonable/ practicable to do and what circumstances may be relevant.
For example, the Accountable Person takes on management of a higher-risk building and when the first residents move in, sets about assessing the building safety risks. They undertake an assessment of building safety in accordance with the duty to undertake a suitable and sufficient risk assessment. Golden thread and Gateway information is used to gather intelligence on the safety measures designed into the building and confirms the suitability of those measures by inspecting the premises and understanding how residents are using the building.
They consult guidance issued by the Building Safety Regulator as to how those building safety risks may be managed and mitigated, the likely relevant factors to be taken into account in assessing what it is reasonable to do and what circumstances might be relevant.
A key control measure, to ensure that the existing protective measures continue to provide safety, is to subject contractors to a building safety induction, tailored to the specific building. On checking the induction pack, the Accountable Person realises that the training materials are out of date and require updating. The induction pack is updated across the organisation and tailored to accurately reflect specific buildings. The Accountable Person makes resident safety the focus of the induction pack and uses the content to populate sections of the Resident Engagement Strategy. As part of the system for ongoing management of risk, the Accountable Person includes a regular review of training materials to make sure they remain relevant and up to date.
Example 2
There may be instances where the Accountable Person, as a first step, needs to gather intelligence on the safety measures designed into the building. The building may be a stock transfer from a housing association that was subject to a management takeover. The building safety information handed over might be incomplete. There might be no evidence supporting the fire resistance of fire compartments, which have been assumed based on what should be there, rather than what is actually present. In this instance, they might contract for invasive structural surveys to give them a reliable starting point and evidence for the baseline resistance of the building to a major fire or structural collapse.
In this instance, the Accountable Person knows that the building is designed to operate a stay-put strategy in the event of a fire. The invasive survey provides evidence that the compartmentation is reliable and has not been compromised. However, the survey identifies that the electronic security doors to the residential floors do not release in the event of power failure, for instance resulting from a fire in the electrical circuits. This finding would potentially lock residents on their respective floor plate. This security feature was part of the original building design but did not take fire safety into account. The entrapment risk is assessed as a high consequence, low likelihood event, but the Accountable Person decides to install a green break-glass box to over-ride the electronic locks from the residential side, to put any potential likelihood beyond doubt. Residents are informed of the reason for the override being installed. Inspection of the override feature is included in the maintenance and auditing schedule once the works are complete.
Example 3
The Accountable Persons undertakes ongoing steps to meet the section 84 duty:
A resident notifies the Accountable Person that combustible materials are being stored in common areas. A spot check is undertaken, and empty cardboard boxes are found stacked in a stairwell. The boxes are removed, and a reminder notice is put on the resident’s internet pages, the preventative signage prohibiting storage in common areas is improved scheduled walkthroughs of the common areas are increased both in terms of time and frequency.
Example 4
The risk assessment undertaken for the purposes of complying with clause 82 highlights the necessary steps to reduce (or further reduce) building safety risks.
The building safety risks are assessed as a part of a planned regular assessment. It is clear that the bin store is the likeliest source of a fire and there have been several incidents of residents dropping discarded cigarettes butts down the bin chutes, which have resulted in the fire brigade needing to be called out. As this is a building from the 1960s, the chutes are located in common areas and the store is next to the entrance and smoke often comes up the chute when there has been a fire.
Having consulted guidance issued by the Building Safety Regulator as to best practice, fire shutters on fusible links are fitted to the base of the chute, and open sprinkler heads directed into the bin beneath the chute, and fusible link sprinkler heads above the other bins stored against the walls within the bin store are installed. The resident internet pages are updated to advise residents of the actions taken and to remind them not to throw any hot materials (including cigarettes) down the chutes. The safety signs in each chute room are also improved.
At a regular site inspection, it is identified that one of the anti-vehicle barriers installed close to the building has been knocked out of position and needs to be replaced, to be fit for purpose and to reduce any risk of accidental mechanical damage to the building structure from vehicular transport. Residents are notified that the barrier will be replaced, a competent company is contracted to replace the barrier, and, in the meantime, cones are put out to ensure vehicles are kept a safe distance from the building to reduce the risk of damage.
As part of the ongoing management of building safety, the maintenance team undertake regular inspections of service risers into the building. They note on their inspection that the padlock has been removed on the electrical supply room and people have been able to gain access. The padlock is replaced with a keypad system, the scheduled inspections are made more frequent, the resident internet pages are updated and all warning signage on services risers are made more prominent.