Fire Precautions
(Designated Premises) (Jersey) Regulations 2012
Made 13th December 2012
Coming into force in
accordance with Regulation 6
THE STATES, in pursuance of Article 2 of the Fire Precautions (Jersey) Law 1977[1], have made the following
Regulations –
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 any residential care home, mental nursing home, maternity home or nursing
home within the meaning of Article 3 of the Nursing and Residential Homes
(Jersey) Law 1994[2], and includes any such
premises that are maintained, controlled or administered by the States or a
Minister and which, by virtue of Article 3(2) of that Law, 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[3];
“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[4].
(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 does not comply with the requirements
of the Building Bye-laws (Jersey) 2007[5], and
(ii) less than
two-thirds of the flats are owner-occupied.
(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 husband and wife 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 husband and wife
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.
(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[6].
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[7] 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 Revocation
The Fire Precautions (Designated Premises) (Jersey) Regulations 1979[8] are revoked.
6 Citation
and commencement
These Regulations may be
cited as the Fire Precautions (Designated Premises) (Jersey) Regulations 2012
and shall come into force on the day that Article 3 of the Fire
Precautions (Amendment No. 2) (Jersey) Law 2012[9] comes into force.
m.n. de la haye
Greffier of the States