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The Houses in Multiple Occupation (Hazards) Regulations (Northern Ireland) 2019

S.R. 2019/33 · Made 7 March 2019

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Houses In Multiple Occupation

Made 7th March 2019

Coming into operation 1st April 2019

The Department for Communities f1, in exercise of the powers conferred by section 54(1) and (3) of the Houses in Multiple Occupation Act (Northern Ireland) 2016 f2, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

see section 1(7) of the Departments Act (Northern Ireland) 2016 c.5 (N.I.)

f2

2016 c.22 (N.I.)

Contents

  1. 1Citation and commencement
  2. 2Prescribed descriptions of hazard
  3. Signature
  4. Schedule: Matters or Circumstances
  5. 1Damp and mould growth
  6. 2Excess cold
  7. 3Excess heat
  8. 4Asbestos and Manufactured Mineral Fibres (MMF)
  9. 5Biocides
  10. 6Carbon monoxide and fuel combustion products
  11. 7Lead
  12. 8Radiation
  13. 9Uncombusted fuel gas
  14. 10Volatile organic compounds
  15. 11Crowding and space
  16. 12Entry by intruders
  17. 13Lighting
  18. 14Noise
  19. 15Domestic hygiene, pests and refuse
  20. 16Food Safety
  21. 17Personal hygiene, sanitation and drainage
  22. 18Water supply
  23. 19Falls associated with baths etc.
  24. 20Falling on level surfaces etc.
  25. 21Falling between levels
  26. 22Falling on stairs etc.
  27. 23Electrical hazards
  28. 24Fire
  29. 25Flames, hot surfaces etc.
  30. 26Collision and entrapment
  31. 27Explosions
  32. 28Position and operability of amenities etc.
  33. 29Structural collapse and falling elements
  34. Explanatory note

1Citation and commencement

These Regulations may be cited as the Houses in Multiple Occupation (Hazards) Regulations (Northern Ireland) 2019 and shall come into operation on 1st April 2019.

2Prescribed descriptions of hazard

(1)

A hazard is of a prescribed description for the purposes of the Houses in Multiple Occupation Act (Northern Ireland) 2016 where the risk of harm is associated with the occurrence of any of the matters or circumstances listed in the Schedule.

(2)

In the Schedule, a reference to a matter or circumstance is, unless otherwise stated, to a matter or circumstance in or, as the case may be, at the HMO in question, or in any building or land in the vicinity of the HMO.

Signature

Sealed with the Official Seal of the Department for Communities on 7th March 2019.

(L.S.)

David Polley

A senior officer of the Department for Communities

1Damp and mould growth

Exposure to house dust mites, damp, mould or fungal growths.

2Excess cold

Exposure to low temperatures.

3Excess heat

Exposure to high temperatures.

4Asbestos and Manufactured Mineral Fibres (MMF)

Exposure to asbestos fibres or MMF.

5Biocides

Exposure to chemicals used to treat timber and mould growth.

6Carbon monoxide and fuel combustion products

Exposure to:—

(a)

carbon monoxide;

(b)

nitrogen dioxide;

(c)

sulphur dioxide and smoke.

7Lead

The ingestion of lead.

8Radiation

Exposure to radiation.

9Uncombusted fuel gas

Exposure to uncombusted fuel gas.

10Volatile organic compounds

Exposure to volatile organic compounds.

11Crowding and space

A lack of adequate space for living and sleeping.

12Entry by intruders

A lack of adequate security against unauthorised entry.

13Lighting

A lack of adequate lighting.

14Noise

Exposure to noise.

15Domestic hygiene, pests and refuse

(1)

Poor design layout or construction such that the HMO cannot readily be kept clean.

(2)

Exposure to pests.

(3)

An inadequate provision for the hygienic storage and disposal of household waste.

16Food Safety

An inadequate provision of facilities for the storage, preparation and cooking of food.

17Personal hygiene, sanitation and drainage

An inadequate provision of:—

(a)

facilities for maintaining good personal hygiene;

(b)

sanitation and drainage.

18Water supply

An inadequate supply of water free from contamination, for drinking and other domestic purposes.

19Falls associated with baths etc.

Falls associated with toilets, baths, showers or other washing facilities.

20Falling on level surfaces etc.

Falling on any level surface or falling between surfaces where the change in level is less than 300 millimetres.

21Falling between levels

Falling between levels where the difference in levels is 300 millimetres or more.

22Falling on stairs etc.

Falling on stairs, steps or ramps where the change in level is 300 millimetres or more.

23Electrical hazards

Exposure to electricity.

24Fire

Exposure to uncontrolled fire and associated smoke.

25Flames, hot surfaces etc.

Contact with:—

(a)

controlled fire or flames;

(b)

hot objects, liquid or vapours.

26Collision and entrapment

Collision with, or entrapment of a person in doors, windows or other architectural features.

27Explosions

An explosion at the HMO.

28Position and operability of amenities etc.

The position, location and operability of amenities, fittings and equipment.

29Structural collapse and falling elements

The collapse of the whole or part of the HMO.

Explanatory note

(This note is not part of the Order)

Section 54 of the Houses in Multiple Occupation (Northern Ireland) Act 2016 defines a hazard in an HMO as a risk of harm to the health and safety of any actual or potential occupier of an HMO. Regulation 2 and the Schedule prescribe descriptions of hazards with reference to the occurrence of matters or circumstances listed in the Schedule.