Tom Sutton

First you must understand what Stay Put policy is, because it is quite often misunderstood. I believe it should be called Stay Put, if it is safe, policy my interpretation is you remain in your flat, if it is safe to do so, once you feel threatened by smoke or fire getting into your flat or if it enters your means of escape then evacuate, do not wait to be told, if you feel threatened, go. Years ago there was no legislation for flats, other than the building regulations, and tenants evacuated when they felt it was necessary. In most situations the fire separation between flats was such that the fire was usually confined to one flat and most people remained in their flat quite often not knowing there had been a fire in the building. Today, providing there is sufficient fire separation, the same happens today and only a small number of tenants evacuate. As I have said, if you feel threatened, get out, better to be thought a fool than wake up next day dead. :mellow: There is a guide for, Fire Safety in Purpose-Built blocks of Flats which should explain it more fully, if you use the find facility with the words stay put you will find all the reference to it. If you still have concerns talk to your landlord or take it the enforcing authority who is the Fire and Rescue Service.

Hi Emma The best flammable furniture and fittings guidance is the FIRA Flammable guides, http://www.fira.co.uk/publications/flammability-guides there you will find the BS 7177 label’s image for mattresses in the Contract Flammability Guide and the three display labels also the two permanent labels for upholstered furniture and fittings are in the Domestic Flammability Guide. Your second statement is correct but it is all about interpretation and that is up to the enforcing authority, who is the Trading Standards, also the courts. I am also afraid the regulations have anomalies for instance they call them permanent labels, but the manufacturer is required to keep records for only five years, so you may have the details where to get the proof of flammability, but after five years it will not be available. It is very easy to cheat the system, forging labels for example and you will not be found out until there is a fire. Then the fillings can be tested, if they fail the test the retailer and manufacturer could be prosecuted. The other option is for the Trading Standards to randomly test upholstery furniture and if they fail the tests prosecute the retailer/manufacturer, but think of the costs are TS going to do this? I believe most legislation only works because most of us abide by the law, maybe afraid of prosecution but these attitudes are changing and as many manufacturers are foreign nationals, things may get worse. The regulations with all its faults seems to work and it maybe it's other reasons why it works, like making people more aware of the dangers of fire, who knows? http://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/

You are subjected to the Regulatory Reform (Fire Safety) Order 2005, enforced by the Fire Service, Building regulations, enforced by the Building Control department, Housing Act, enforced by the Housing department and the Health and Safety at Work Act, enforced by the Environmental department, the last three are the local authority. When you converted the upper floor to a flat did you get building control approval because under Approved Document B (Fire Safety) volume 2 you would have needed a minimum a minimum of 30 minutes fire separation between the shop and the flat. Your completion certificate will be proof of that. When you completed your fire risk assessment you would have needed to provide a minimum of 30 minutes fire separation between the shop and the flat. The reasons you do not have it I do not fully understand unless you have not abided by the regulations. The way to achieve the fire separation is by methods of construction, for instance a stud wall with 12mm plasterboard on each side can achieve 30 minutes fire separation and floors can be upgraded by similar methods. I would suggest you ask for their comments in writing so you know exactly what they are requiring. Check out, http://www.planningportal.gov.uk/buildingregulations/approveddocuments/partb/bcapproveddocumentsb/ https://www.gov.uk/government/publications/fire-safety-risk-assessment-offices-and-shops for more information.

It appears you have reviewed the situation well and providing the travel distance/occupancy numbers meet the guide standards, with a good fire alarm, the restaurant may be acceptable, but the flat is not. If there is no alternative means of escape from the flat and the fire service was to inspect there would be a good case for a prohibition notice, preventing the use of the flat, also possible prosecution, unless the staircase is protected. Like you I believe the restaurateur has no choice and a protected staircase is essential to an acceptable means of escape. Also "the building has been operating like this for years" would not be be a defence if you were before the man with a curly wig. Approved Document B (Fire Safety) volume 2. Office and Shops.

I am unable to give a definitive response because simple fire safety situation you need to consider many things and without a physical survey you can never be certain, however I can hopefully give you some pointers that should take you in the right direction. The two areas you are likely to be involved with, is building regulations, and fire safety guidance uses Approved Document B (Fire Safety) volume 2. The second is conducting a fire risk assessment to meet the requirements of the Regulatory Reform (Fire Safety) Order 2005 and the guidance is Office and Shops. A few points to consider, you must consider the whole of the building you cannot deal with the ground floor in isolation. You have to calculate the numbers of persons you have to provide escape for. You have to consider travel distance which is the furthest a person has to travel to get to a place of safety, in your case outside the premises. You have to consider the width of doors which will decide how many persons can escape. If the travel distance is short and the door is wide enough you could accept travel distance in one direction requiring only the front door. You have to consider fire hazards like the kitchen/ other hazards, because they could prevent persons escaping. Other things to consider are fire compartmentation if required, means of warning in case of fire and fire fighting equipment which can be found in the above guidance. This is not totally inclusive but covers most of the areas for consideration.

The Regulatory Reform (Fire Safety) Order 2005 is the appropriate legislation for the common areas of blocks of flats and the guidance is Sleeping risks or Fire safety in purpose-built flats.. The Responsible Person (RP) is responsible for conducting an Fire Risk Assessment (FRA) and it must be reviewed regularly or if there are changes that may affect the FRA. There is no guidance what regularly means but it is generally accepted about every twelve months.The RP is the person or persons that have control of the common areas (ie. who is responsible for the maintenance) it could be the owner, freeholder or an agent who looks after the building. The RP can conduct the FRA, if competent or have an externally competent person to assist. Check out http://www.firesafe.org.uk/regulatory-reform-fire-safety-order-2005/ for more information.

BS EN 50172:2004 BS 5266-8:2004 is the BS for servicing and testing emergency escape lighting and says, "Regular servicing is essential. The occupier/owner of the premises shall appoint a competent person to supervise servicing of the system. This person shall be given sufficient authority to ensure the carrying out of any work necessary to maintain the system in correct operation." You can interpret that to say the occupier/owner could train one of his employees to be a competent person and carry out the tests or they could bring in a competent person but I think if any work on the system is required then that would need a trained engineer to meet the electricity regulations.

I am not a legal expert but I believe, the Regulatory Reform (Fire Safety) Order 2005 says, It is an offence for any person to make in any register, book, notice or other document required to be kept, served or given by or under, this Order, an entry which he knows to be false in a material particular; (Article 5(3), 32(2)b.) Your company is subject to the order therefore the above statement applies, then they could be prosecuted and as you did not sign it would be up to your line manager to explain his actions. If you are installing fire alarm systems (FAS) you should have a good understanding of BS 5839 part 1 2013 and with experience it would make you competent to design, install and commission any FAS and the company should consider BAFE’s SP201 or SP203.

If it is private land then I think there should be an area marked no parking with appropriate signs and if possible a barrier. Even if it is public thoroughfare there should be marking and signs. Check out https://www.gov.uk/government/publications/fire-safety-risk-assessment-offices-and-shops section 6 page 102

The current standard BS 5839 pt1 2013 says, "Methods of cable support should be non-combustible and such that circuit integrity will not be reduced below that afforded by the cable used, and should withstand a similar temperature and duration to that of the cable, while maintaining adequate support. Note 8 In effect this recommendation precludes the use of plastic cable clips, cable ties or trunking, where products are the means of cable support. Cable which is directly fixed to surfaces should be neatly run and securely fixed at suitable intervals, in accordance with the recommendations of the cable manufacturer. Cable should not rely on suspended ceilings for their support." I looks like you need to contact the cable manufacturer to find the recommended distances between cable clips or a good electrician should be able to tell you.

Yes if it is needed, as part of your fire risk assessment you should consider if it is needed. Check out https://www.gov.uk/government/publications/fire-safety-risk-assessment-educational-premises it is the guidance for your premises. (page 101)

All doors giving access to outside the premises are fire exit doors, there is no such a thing as a dedicated fire exit. So if you wish to use another door other than the main doors as the normal access or egress, no problem. All doors used for means of escape, when the premises is occupied, have to be easily opened without the use of a key and magnetic locks are acceptable. Panic bars are only another means of securing final exit doors so if you wish to use another method that is acceptable. If you are using magnetic locks they have to be fail safe in the event of a power failure, and have a mechanical or electrical override. You will need the green break glass box to override the magnetic lock or a thumb turn, depending on the type of lock you purchase. Also they need to be connected to the fire alarm and release if the fire alarm actuates. When the premises is unoccupied you can lock it as tight as a drum.

I have never heard of a critical escape route, means of escape (MoE) has many rules for ensuring it is available at times, it may be required, but that term is new to me. You have the MoE which is usually the normal way in and out of the premises and an alternative MoE which is a way out of the building when the normal way out is blocked.

I am not aware of any legal issues with offering an additional service but I am surprised your clients are prepared to pay for work that they could easily do themselves.

To add to the above submission check out http://www.fia.uk.com/en/info/document_summary.cfm/docid/E2CF2288-5FBA-4A49-85150B74D5060E17 for the Fire Industry Association guide on fire signs. It refers to old standards but there is very little difference the current standard is BS EN ISO 7010.

The blue and white label only applies to mattresses if you check http://www.fira.co.uk/document/fira-flammability-guide-october-2011pdf.pdf you will see images of the labels for upholstered furniture. The display label which are only required when on display in the retailer and the permanent label (Full or short) which should be permanently fixed to each item of furniture.

Also maintained lighting (always on) is used when the normal lighting is dimmed for long periods of time during a performance. (cinema, theatre, clubs and sporting venues of boxing, wrestling or snooker etc.)

I watched the BBC program you spoke of and it is certainly food for thought which can be seen by, Searching for "Fake Britain Special: Furniture Inferno" in the BBC iPlayer or try http://www.bbc.co.uk/iplayer/episode/b03qfnsf/Fake_Britain_Special_Furniture_Inferno/ The trouble is what can be done about it, at present the Trading Standards are the enforcing authority but how do they check out testing stations and manufacturers in foreign parts where the problems seems to be. The retailer should ensure the products meet the required standards and should be insisting on proof from the manufacturers that their products are legal. Also the purchaser should be asking the retailers does their product conform to the regulations and not relying on the label only but asking for a copy of the test certificate, if possible. If you check out the two guides above, the images of the labels are shown, so at least so you can see if the label is what it should be but unfortunately not a total guarantee. PS I could not see a copy of the image you posted. It said " You do not have permission to view this attachment".

The travel distance in the room would most probably be acceptable for travel in one direction, then the travel distance from the room door to a place of comparable safety would depend on the layout of the premises. A single door exit, is a unit of exit width, capable of passing 40 persons per minute but if the door open inwards this would limit the numbers to 60. I have a feeling, that it is going to be pretty crowded in there but under normal conditions I cannot see any problems arising. Check out http://www.firesafe.org.uk/regulatory-reform-fire-safety-order-2005/ select the appropriate guide and download it, this will provide you with all the information you require.

I am afraid there is no legal requirement for manufacturers to fix label to mattresses the guidance says, The fire safety of all mattresses (of any size), divans and bed bases is controlled by both the Regulations and the GPSR. Only the filling material (foam or non-foam) contained in a mattress, upholstered divan or bed base must meet the Regulations. However, the fire safety of the complete product is controlled via the General Product Safety Regulations 2005. The normal route to achieve legal obligations is to have products evaluated against the British Standard best suited to product safety. In this context, a finished mattress and mattress topper, divan or bed base should comply with the low hazard category of BS 7177. There is no formal scheme for proving compliance with a Standard and a supplier can simply claim compliance. However, the accuracy of such a claim needs to be justified when challenged by purchasers or Enforcement Authorities. Check out http://www.fira.co.uk/document/fira-contract-flammability-guide-october-2011pdf.pdf and http://www.fira.co.uk/document/fira-flammability-guide-october-2011pdf.pdf for more information.

The guidance to the regulations state, "The permanent label must be durable and securely attached to the furniture (i.e. cannot be removed without causing damage to the label or the product and must be able to withstand the normal wear and tear of everyday use and misuse). The durability period for permanent labels is not defined in the Regulations. However bearing in mind that any records need to be kept for 5 years and the purpose of the permanent labelling is to link through to those records, a similar period would seem logical. The permanent label has to be securely attached to the external surface of the item. Attachment of the permanent label to the underside of the item is also permissible." A stapled permanent label pinned to the woodwork under the sofa would appear to be in accordance with the above statement it would not be possible to sew it in on all occasions. My sofa from Harvey's has a stapled label under the sofa.

There is no legal requirement for fire doors to be removed from a residential building, but if there is a change of use and a fire door is no longer required for the means of escape, then it could be removed if desired. The building will be subject to Building Regulations .so check out http://www.firesafe.org.uk/fire-safety-in-new-extended-or-altered-buildings/.

I do not fully understand your description you say “One exit that leads from my office block to the top of the main stairwell and on the ground floor exit to the same area there are double fire doors” also “There are two other emergency exits but are not the commonly used doors.” You enter the staircase at the top floor through double doors then down the staircase to the staircase ground floor what doors are you confronted with, 1. Double doors leading to the outside of the building? 2. Double doors into a foyer/hallway then doors to the outside the building? 3. Any other doors?

The screws would be very small and it would be unlikely to affect the fire resistance of the door.

There is a correct answer and a practical answer. The correct answer is, that as you will have to drill all the way through the door, which will create a weakness, this will affect the fire resistance, which is impossible to predict to what extent, so the whole assembly should be subject to test. On the other hand you have conflicting hazards of personal assault and fire safety perhaps it would be reasonable to balance these risks by using a steel or brass viewer, drill with care to ensure the exact fit without any gaps, and use intumescent paste around the viewer to pack the hole. I suggest any decent joiner should be able to do this provided the RP applies a good level of instruction and supervision. Envirograf have a security grill which is tested to 66 mins but I suspect it is not what you require.