The Domestic Fire Safety (Wales) Measure 2011 (Commencement No. 1) Order 2013

Welsh Statutory Instruments

2013 No. 2727 (W. 262) (C. 109)

Building And Buildings, Wales

The Domestic Fire Safety (Wales) Measure 2011 (Commencement No. 1) Order 2013

Made

22 October 2013

The Welsh Ministers, in exercise of the powers conferred on them by sections 8(1) and 9(3) of the Domestic Fire Safety (Wales) Measure 2011(1), make the following Order:

Title and interpretation

1.—(1) The title of this Order is the Domestic Fire Safety (Wales) Measure 2011 (Commencement No. 1) Order 2013.

(2) In this Order—

“excepted energy building” (“adeiladynni a eithrir”) has the meaning given in the Schedule to the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009(2); and

“the Measure” (“y Mesur”) means the Domestic Fire Safety (Wales) Measure 2011.

Appointed Day

2.—(1) The following provisions of the Measure come into force on the appointed day subject to paragraph (3)—

(a) sections 1(1) to (3);

(b) section 1(4) for all remaining purposes; and

(c) section 1(5).

(2) The appointed day is—

(a) 30 April 2014 in relation to:

(i) care homes;

(ii) children’s homes;

(iii) halls of residence;

(iv) rooms for residential purposes; and

(b) 1 January 2016 in relation to:

(i) dwelling-houses;

(ii) flats.

(3) Paragraph (1) does not commence provisions of the Measure in relation to buildings which are—

(a) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990(3);

(b) in a conservation area designated in accordance with section 69 of that Act;

(c) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979(4);

(d) excepted energy buildings; or

(e) temporary buildings that is to say buildings with a planned time of use of two years or less.

Carl Sargeant

Minister for Housing and Regeneration, one of the Welsh Ministers

22 October 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This is the first commencement order made under the Domestic Fire Safety (Wales) Measure 2011. It brings section 1 of the Measure fully into force in two stages.

Section 1 comes into force on 30 April 2014 in relation to care homes, children’s homes, halls of residence, certain types of hostels and boarding houses and on 1 January 2016 in relation to dwelling-houses and flats. Section 1 is not commenced in relation to certain types of building, see Article 2(3).

Section 1 requires residences to be provided with an automatic fire suppression system when they are completed or when they are first occupied as a residence. Section 1 confers power on the Welsh Ministers to prescribe the requirements with which an automatic fire suppression system must comply.

(1)

2011 nawm 3

(2)

S.I. 2009/3019.

(3)

1990 (c. 9).

(4)

1979 (c. 46). Section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c. 47).