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Everything posted by Tom Sutton
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I would suggest you contact a solicitor specialising in fire safety like http://www.safetylawyers.co.uk/fire-safety/ for a more authoritative reply. However I think the common areas would be subject to The Regulatory Reform (Fire Safety) Order 2005 and the Responsible Person has a duty to implement articles 8 to 22 which includes a fire risk assessment (FRA). The owner or management company of the building would be defined as the Responsible Person and would be required to conduct a FRA, consequently implement the significant findings. The guidance is more difficult I think I would use Specialised Housing Guidance from the NFCC at https://www.nationalfirechiefs.org.uk/News/nfcc-launches-specialised-housing-guidance If it is a HMO it would be up to the local council as that is a matter for them because they enforce The Housing Act 2004 check out https://www.firesafe.org.uk/houses-in-multiple-occupation/ for more information.
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You are right a dining room is a habitable room and create a possible fire risk consequently the staircase has to be protected from it.
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Contact your solicitor it will depend on any agreements or contracts you are party to and only the common areas are subject to The Regulatory Reform (Fire Safety) Order 2005 the flats are subjected to The Housing Act 2004 however if fire safety items need to be installed in your flat to protect the common areas you should allow it to be installed.
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All door opening onto the fire protected escape exit route will need to be FD30s fire doors. Check out FIRE SAFETY Guidance on fire safety provisions for certain types of existing housing also https://www.firesafe.org.uk/fire-doors/
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Your proposals will be subject to Building regulations approval so it is up to building control to approve. I can see the means of escape being acceptable but installing a open plan kitchenette with toaster, electric hob and microwave is like to be viewed as a high fire risk and you may be required to enclose it, providing a open plan tea & coffee facilities most probably would be acceptable but including cooking devices is likely to be considered a step to far. Also if you have a fire detection especially smoke detectors you are likely to have false alarm problems.
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You cannot certify any alterations, only a testing house can certify fire doors, you can say in your opinion that the door will achieve the required standard and it is up to the enforcing authority to accept it or reject it. Enforcing officers sometimes will accept below acceptable standards other times they will only accept copper plate solutions, there is no way of knowing. 1. Fitting a certified fire door set is the best solution and bound to be accepted in all situations. 2. Fitting a bespoke door set that has been constructed to a global assessment is possible the next best solution and is likely to be accepted in most situations. 3. Modifying or repairing a fire door to a high standard, to produce a nominal fire door is probably the least likely to be accepted but is in many cases satisfactory. At the end of the day it is all up to the enforcing officer what he/she is prepared to accept. If I was replacing a fire door I would use solution 1 or 2 and if I was maintaining fire doors I would use 3. If the doors appear to be fire doors I would have them accessed by some body like the FDIS and if they are acceptable then fit the correct door furniture suitable for FD30 doors https://www.firesafe.org.uk/fire-doors/ http://fdis.co.uk/
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There are two links you should study https://www.asdma.com/knowledge-centre/ and https://www.safelincs.co.uk/blog/2013/08/09/gaps-underneath-fire-doors/. Query 1. Based on a FAQ from TRADA for FD30 fire doors. The recommended leaf edge to frame gap specified in BS 8214: 1990 is 4mm on all edges. Intumescent seals are engineered to react within this size of gap to give optimum sealing and clamping performance. It is through extensive testing of fire rated doorsets, together with knowledge of the pressure regime within a fire test that a larger gap is permitted at the threshold of the door. There is negative pressure at the threshold during test conditions and so cool air is drawn in underneath the door. It is for this reason that there is unlikely to be a failure at the threshold and also why there is no need to fit a perimeter intumescent strip at this location (doorsets below FD60 performance). A larger gap at the threshold is also useful from a practical end use application for accommodating floor coverings. We recommend a gap of 10 mm from the bottom of the leaf to the structural surround. FD30s doors are a different matter because a 10mm gap at the threshold does not provide a passage for fire through the door however it would allow cold smoke in the early stages of a fire to pass through the door consequently you must fit cold seals to all sides of the door including the threshold,( if it is more than 4mm) or you could fit threshold cold smoke seals or lippings if you prefer. Query 2. You are quite correct intumescent vent into an existing fire door is not acceptable it would have to be a 30/60 FR smoke controlled vent. Check out http://www.sealmaster.co.uk/fire-door-seals/fire-door-seals-pages/60-minute-fire-smoke-vents.php
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The self closer should conform to BS EN 1154 which most of the overhead S/C do but only one concealed Fire Door Closers I am aware of, does, the Perko Powermatic Concealed Fire Door Closer and that is quite expensive. There are other designs which are less obtrusive I would suggest you search the web but they tend to be more costly. Check out https://www.safelincs.co.uk/door-closers/ for some ideas.
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Do flat owners under their own management need fire risk assessment?
Tom Sutton replied to a topic in Fire Alarm Systems
You require a lawyers expertise so you need to contact your solicitor for expert advice. What I can tell you is the common areas of your building is subject to The Regulatory Reform (Fire Safety) Order 2005 and require a fire risk assessment (FRA). The flats themselves are not subject to the RR(FS)O but The Housing Act 2004 which does not require a FRA. First you must identify the Responsible Person or RP,s, (article 3) and they have duties under article 5 which include an FRA. The RP is the owner/freeholder or a company working on their behalf providing they have full control. It is the RP who has to carry out the findings of the FRA but nowhere does it say who has to pay for it and the RP could transfer the costs to any other involved persons depending on contract or tenant agreements. Quite often it is included in the service charge but that would depend on tenants agreements and in your case I would think the Freehold Company would be the RP and they would pass on instructions to the residents association. -
You say "there is no fire escape on my property" well the front door is your fire escape, what I think you mean there is no alternate means of escape which may not be required depending on the layout of the maisonette. Depending on the height of your floor from the ground you may require escape windows?
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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 fire resistance 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. There are fire rated door viewers available at safelincs If the fire door require cold smoke seals then the maximum threshold gap is 3mm +/- 1mm if this cannot be achieved then threshold smoke seal should be fitted, check out https://www.safelincs.co.uk/blog/2013/08/09/gaps-underneath-fire-doors/
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What guidance are you using and what section. In my knowledge is you can have a fire resistant storage cupboard under a means of escape stairs, both in your case. It is important that the stairs is underdrawn the a full standard as well as the walls and door creating the cupboard. Depending on the layout you may well require fire detection.
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I can see why they have done it but would it be effective, I am not sure, I think a more positive approach would be education and convince him of the dangers of smoking in bed. Also using flame retardant bedding especially the bed base and mattress make sure it is carrying the appropriate labels. Check out https://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/.
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Oxygen is not flammable but a rich oxygen atmosphere will assist combustion, so items do not burn normally, but will burn rapidly, so fire prevention is very important. Never smoke or take ignition sources within the area, oxygen is being used and study the guidance to inside the home, found on https://www.gov.uk/government/collections/fire-safety-guidance#fire-safety-guidance-for-inside-and-outside-the-home
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No cold smoke seals- brushes cannot be fixed to both the door and the frame it will depend on which combination you use whether they are fitted to the door leaf or frame, check out https://www.asdma.com/knowledge-centre/ and download ASDMA Best Practice Guide and study sections 13/14.
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As been said before doors can open inwards, if less used by less than 60 people as for collapsing this would not stop the fire service getting in to rescue you no matter the circumstances.
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Check out https://www.safelincs-forum.co.uk/topic/915-smoke-alarms-and-disco-smoke-machines/ but if solutions can on Zeta ID2 i do not know.
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The simply rule is they should not create an obstruction and the direction of opening will depend on the numbers that may have to pass through the door. There is no required distance they need to be apart.
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Providing the doors leaves do not create an obstruction and open in an acceptable direction there are no required distance the doors need to be apart, However for door widths when calculating the means of escape you would have to treat the doors as one door because of the 45o rule.
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Mario asking questions like that would indicate you are not ready to conduct FRA,s on your own you should be still receiving on the job training. As a matter of interest which guidance are you using?
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I referred to case 30 http://www.hse.gov.uk/myth/myth-busting/2012/case030-fireextinguishers.htm and it doesnt strictly say that but I would agree with you however it still is the RP,s decision.
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I would think it depends on how bad the warp is, if it is likely to affect the fire resistance of the door then it needs replacing or correcting.
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No, only the common areas are subject to The Regulatory Reform (Fire Safety) Order 2005 therefore you have no control over the tenants except through the tenancy agreements.However I believe it would be a good idea to let them know whats going on to prevent accidents if they panic.
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From what you say the ground floor flat and the first/second floor flat has its own individual fronts doors leading to fresh air, no common areas. Consequently you are not subject to The Regulatory Reform (Fire Safety) Order 2005 but are subject to the The Housing Act 2004 and because it sounds like it was part HMO then it would have been the local council who required the fire alarm, so it's up to them to decide if the FA can be removed. However you do need smoke detector and CO alarms in both flats because you will be subject to The Smoke and Carbon Monoxide Alarm (England) Regulations 2015.
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occupation capacity levels - which guide to use??
Tom Sutton replied to Meady's topic in Evacuation Plans
Did the building use BS 9999 as a fire safety design document, if not then you should not cherry pick and use DCLG guide plus your expertise on risk assessment. ADB, BS9999 and BS 7974 are fire safety design documents for new build and if you are conducting a FRA in one of those buildings you should make sure you are aware of the appropriate document to be able to access if the escape strategy is satisfactory. If you are not sure what guidance was used, use DCLG guidance. The days of prescriptive guidance and finding black and white answers are gone it’s all about risk assessment.