Explanatory note

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”) as they apply in relation to Wales. The 2010 Regulations include requirements for automatic fire suppression systems to be installed in care homes for adults. Prior to the enactment of these Regulations the requirements for automatic fire suppression systems to be installed in care homes for children in Wales were provided in the Domestic Fire Safety (Wales) Measure 2011 (nawm 3) (“the 2011 Measure”). These Regulations will move the requirement in respect of care homes for children to the 2010 Regulations.

Regulation 2(2) amends paragraph (b) of the definition of “institution” in regulation 2 (interpretation) of the 2010 Regulations to provide that an institution which is used for persons under the age of 18 falls within that definition. Prior to the enactment of these Regulations, only persons under the age of five years were included in the definition of “institution”.

Regulation 2(3)(a) amends regulation 37A (provision of automatic fire suppression systems) of the 2010 Regulations to insert a requirement for automatic fire suppression systems to be installed in care homes for children when they are newly erected, or where building work results in a material change of use. This requirement replicates the existing provision in the 2011 Measure.

Regulation 2(3)(b) provides that for the purposes of regulation 37A a material change of use in a building includes a material change of use from a care home for children to a care home for adults or from a care home for adults to a care home for children. The newly inserted paragraph (2A) confirms the requirements set by regulation 6 of the 2010 Regulations will not apply to such a material change of use.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.