reg 37A Provision of automatic fire suppression systems
(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 , 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 18 or over ; (aa) 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— (i) 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). (2) 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 section 76 of the Historic Environment (Wales) Act 2023 ; (b) in a conservation area designated in accordance with section 158 of the Historic Environment (Wales) Act 2023 ; or (c) included in the schedule of monuments maintained under section 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.