Fire Precautions
(Designated Premises) (Jersey) Regulations 2012
1 Interpretation
(1) In these Regulations
unless the context otherwise requires –
“basic amenities” means –
(a) a
toilet;
(b) personal
washing facilities; or
(c) cooking
facilities;
“care or nursing home” means –
(a) a home consisting of –
(i) a care home service
within the meaning of paragraph 4 of Schedule 1 to the Regulation of Care (Jersey)
Law 2014 (the “2014 Law”), or
(ii) a
children’s home service or residential family centre service within the meaning given to each of those
expressions in Part 3 of Schedule 1 to the
2014 Law; or
(b) a
nursing home within the meaning of Article 1A of the Nursing Homes (Jersey) Law 1994, and includes any nursing home maintained or controlled by the
States or any administration of the States and which, by virtue of Article 3(2)
of the Nursing Homes (Jersey) Law 1994, are premises to which that Law does not apply;
“converted building” means a building or part of a
building consisting of living accommodation in which one or more units of such
accommodation have been created since the building or part was constructed;
“first floor” means the floor above the ground floor;
“ground floor” means the floor which is situated at such
level or levels that any given point on its perimeter is at or about, or not
more than 1.2 metres below, the level of the finished surface of the
ground adjoining the building in the vicinity of that point, or, if there are 2
or more such floors, means the highest of these;
“hospital” means any premises, other than a care or
nursing home, used for the reception of, and the provision of nursing for,
persons suffering from any sickness, injury or infirmity, whether physical or
mental, or for the reception of pregnant women or of women immediately after
childbirth;
“hostel” means any premises, other than a care or
nursing home, lodging house or tourist accommodation, wherein is provided, for
persons generally or for any class or classes of persons, residential
accommodation (otherwise than in separate and self-contained sets of premises)
and either board or facilities for the preparation of food adequate to the
needs of those persons, or both;
“lodging house” means any premises on which is conducted
the business of providing lodging with or without board, for reward, whether or
not those premises are tourist accommodation;
“Law” means the Fire Precautions (Jersey)
Law 1977;
“residential school” means a school which provides both
education and board;
“self-contained flat” means a separate dwelling (whether
or not on the same floor) –
(a) which
forms part of a building;
(b) either
the whole or a material part of which lies above or below some other part of
the building; and
(c) in
which all three basic amenities are available in that part for the exclusive
use of its occupiers;
“tourist accommodation” means
premises registered under the Tourism (Jersey)
Law 1948.[1]
(2) For the purposes of
these Regulations, premises are used as a house in multiple occupation if –
(a) the
premises comprise a building or part of a building in which –
(i) the living
accommodation is occupied by persons who do not form a single household,
(ii) the
living accommodation is occupied by those persons as their only or main
residence or they are to be treated as so occupying it,
(iii) their
occupation of the living accommodation constitutes the only use of that
accommodation, and
(iv) two
or more of the households who occupy the living accommodation share one or more
basic amenities or the living accommodation is lacking in one or more basic
amenities;
(b) the
premises consist of a converted building which contains one or more units of
living accommodation that do not consist of a self-contained flat or flats
(whether or not it also contains any such flat or flats), and –
(i) the living
accommodation is occupied by persons who do not form a single household,
(ii) the
living accommodation is occupied by those persons as their only or main
residence or they are to be treated as so occupying it, and
their occupation of the living accommodation constitutes the only
use of that accommodation; or
(c) the
premises, being a converted building, comprise a block of self-contained flats
in respect of which –
(i) the building work
undertaken in connection with the conversion does not comply with the
requirements of the Building Bye-laws
(Jersey) 2007, and
(ii) less
than two-thirds of the flats are owner-occupied.[2]
(3) For the purpose of
Article 2(5) of the Law and of paragraph (2) –
(a) persons
are to be regarded as not forming a single household unless they are all
members of the same family or there exists any of the circumstances set out in
Regulation 2;
(b) a
person is a member of the same family as another person if –
(i) those persons are
married to each other or in a civil partnership with each other, or live
together as though spouses or civil partners,
(ii) one
of them is a relative of the other, or
(iii) one
of them is, or is a relative of, one member of a couple and the other is a
relative of the other member of the couple;
(c) a
“couple” means 2 persons who are married to each other or in a
civil partnership with each other, or live together as though spouses or civil
partners;
(d) “relative”
means parent, grandparent, child, grandchild, brother, sister, uncle, aunt,
nephew, niece or cousin;
(e) a
relationship of the half-blood shall be treated as a relationship of the whole
blood; and
(f) the
stepchild of a person shall be treated as his or her child.[3]
(4) A flat is
“owner-occupied” for the purpose of paragraph (2)(c)(ii) if it
is occupied by a person who is the owner, including –
(a) any
co-owner;
(b) the
owner of shares that confer entitlement to occupy the dwelling;
(c) the
occupier of the dwelling under a contract lease for which a premium has been
paid and any rent that is paid is substantially less than a market rent for the
dwelling; and
(d) any usufruitier.
(5) A person is to be
treated as occupying a building or part of a building as his or her only or
main residence for the purposes of paragraph (2) if he or she is provided
with that accommodation by his or her employer or an agent or employee of his
or her employer, and where occupation of the building or part of a building is made
partly in consideration of his or her employment within Jersey, whether or not
other charges are payable in respect of that occupation.
2 Circumstances
where persons to be regarded as forming single household
(1) Where –
(a) a
person (“person A”) occupies living accommodation in a
building or part of a building; and
(b) another
person (“person B”) and any member of person B’s
family living with him or her occupies living accommodation in the same
building or part,
those persons are only to be regarded as forming a single household
for the purposes of Regulation 1(3)(a) or Article 2(5) of the Law if their
circumstances are those described in paragraph (2).
(2) The circumstances are
that –
(a) person A
carries out work or performs a service of an exclusively domestic nature for
person B or a member of person B’s family;
(b) person A’s
living accommodation is supplied to him by person B or by a member of
person B’s family as part of the consideration for carrying out the
work or performing the service; and
(c) person A
does not pay any rent or other consideration in respect of his or her living
accommodation (other than carrying out the work or performance of the service).
(3) Work or a service
usually carried out or performed by any of the following is to be regarded as
work or service of a domestic nature for the purpose of paragraph (2)(a) –
(a) au pair;
(b) nanny;
(c) nurse;
(d) carer;
(e) governess;
(f) servant,
including maid, butler, cook or cleaner;
(g) chauffeur;
(h) gardener;
(i) secretary;
or
(j) personal
assistant.
(4) Where person A and
person B are to be regarded as forming a single household under paragraph (1)
any member of person A’s family occupying the living accommodation
with him or her is to be regarded as forming a single household with
person A, person B and any member of person B’s family
living with him or her for the purpose of Regulation 1(3)(a).
(5) Where a person and his or
her foster parent occupy living accommodation in the same building or part of a
building, they are to be regarded as forming a single household for the
purposes of Regulation 1(3)(a) if that person is placed with the foster
parent under the provisions of the Children (Placement) (Jersey)
Regulations 2005.
3 Premises
requiring fire certificate
(1) The use of premises as –
(a) a
hospital; or
(b) a
care or nursing home,
is designated for the purposes of Article 2 of the Law.
(2) The use of premises as
a building that is part of a port or airport, including any area (not being
part of a private club) used for the embarkation or disembarkation of
passengers from any ship or aircraft, is designated for the purposes of Article 2
of the Law.
(3) Subject to paragraph (4)
the use of premises as –
(a) a
house in multiple occupation;
(b) a
lodging house;
(c) a
hostel;
(d) a
residential school; or
(e) tourist
accommodation,
is designated for the purposes of Article 2 of the Law.
(4) The use of any premises
for a purpose described in paragraph (3) is not a designated use
unless –
(a) the
premises contain, or are used, or are capable of being used, as sleeping
accommodation for more than 5 persons, and some or all of that sleeping
accommodation is above the first floor or below the ground floor; or
(b) the
premises contain sleeping accommodation for more than 40 persons in those
premises.
4 Exemption
Premises that are put to a use that is designated in
Regulation 3 of these Regulations but which is a use that was not
designated in Regulation 2 of the Fire Precautions (Designated Premises)
(Jersey) Regulations 1979 shall be exempt from Article 5(1) of the
Law for the period beginning with the coming into force of these Regulations
and ending on 1st April 2013.
5 Citation
These Regulations may be
cited as the Fire Precautions (Designated Premises) (Jersey)
Regulations 2012.