Regulation 37A Provision of automatic fire suppression systemsF1

(1)

This regulation applies where building work consists of the erection or material change of use of a building in relation to—

(a)

care homes F2, which F3means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, F4is provided wholly or mainly to persons aged 18 or over;

(F5aa)

care homes for children, which means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged under 18, but not—

(i)

an institution within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992;

(ii)

a place at which accommodation is provided for the purposes of—

(aa)

a holiday;

(bb)

a leisure, recreational, sporting, cultural or educational activity;

unless a person under 18 is accommodated there for more than 28 days in any 12 month period;

(b)

rooms for residential purposes other than rooms in—

F6(F7i)

a hostel providing temporary accommodation to those who are ordinarily resident elsewhere;

(ii)

an hotel;

(iii)

a prison or young offender institution; and

(iv)

a hospital;

(c)

dwelling-houses and flats,

subject to paragraphs (4) and (5).

(F82)

For the purposes of this regulation a material change of use comprises or includes—

(a)

a change of use within regulation 5(a), (b), (c), (d), (g), (h) or (i);

(b)

a change in the purposes for which or the circumstances in which a building is used, so that after that change the building is used—

(i)

as a building described in paragraph (1)(a) where previously it was used as a building described in paragraph (1)(aa), or

(ii)

as a building described in paragraph (1)(aa) where previously it was used as a building described in paragraph (1)(a).

(2A)

Regulation 6 does not apply to the material change of use described in paragraph (2)(b).

(3)

A building to which this regulation applies must be provided with an automatic fire suppression system which is installed and operates in accordance with the requirements set in regulation 37B.

(4)

This regulation does not apply to buildings which are—

(a)

listed in accordance with F9section 76 of the Historic Environment (Wales) Act 2023;

(b)

in a conservation area designated in accordance with F10section 158 of the Historic Environment (Wales) Act 2023; or

(c)

included in the schedule of monuments maintained under F11section 3 of the Historic Environment (Wales) Act 2023,

where installation of a fire suppression system would unacceptably alter their character or appearance.

(5)

This regulation does not apply to temporary buildings with a planned time of use of two years or less.

Annotations

Textual amendments

F1: Pt. 7A inserted (W., but not in relation to excepted energy buildings) (30.4.2014 for specified purposes, 1.1.2016 in so far as not already in force) by The Building Regulations &c. (Amendment No. 3) and Domestic Fire Safety (Wales) Regulations 2013 (S.I. 2013/2730), regs. 1(2), 4(2) (with regs. 1(3), 6)
F2: Word in reg. 37A(1)(a) inserted (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(7)(a) (with regs. 1(3), 3)
F3: Words in reg. 37A(1)(a) substituted (W., but not in relation to excepted energy buildings) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 23(2)
F4: Word in reg. 37A(1)(a) substituted (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(7)(b) (with regs. 1(3), 3)
F5: Reg. 37A(1)(aa) inserted (W.) (17.12.2024) by The Building (Amendment) (Wales) Regulations 2024 (S.I. 2024/742), regs. 1(3), 2(3)(a)
F6: Pt. 7A inserted (with minor changes to the text of reg. 37A(1)(a) and matching text for substituted reg. 37A(1)(b)(i)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 9 (with reg. 29)
F7: Reg. 37A(1)(b)(i) substituted (W., but not in relation to excepted energy buildings) (1.4.2018) by The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(c), 2(2) (with regs. 1(3), 3)
F8: Reg. 37A(2)(2A) substituted for reg. 37A(2) (W.) (17.12.2024) by The Building (Amendment) (Wales) Regulations 2024 (S.I. 2024/742), regs. 1(3), 2(3)(b)
F9: Words in reg. 37A(4)(a) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 51(a)
F10: Words in reg. 37A(4)(b) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 51(b)
F11: Words in reg. 37A(4)(c) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 51(c)