Tom Sutton

The Responsible Person has a duty to reduce any potential hazards to as low as possible if he/she cannot eradicate them. I am not aware of any legal methods to get him/her to change their minds other than persuasion. The main problem is if you ignore his/her directive and things go pear shaped he/she has a ready made patsy.

Under the Health and Safety at Work etc. Act 1974 the employer is required to produce a written statement of his general policy with respect to the health and safety at work of his employees, which in my interpretation is the occupational health and safety risk assessment. Under The Regulatory Reform (Fire Safety) Order 2005 the employer is required to conduct a fire risk assessment which can be included in the occupational health and safety risk assessment or separate if he/she chooses. Each piece of legislation requires different duties, the employer has to conform to and deal with different health and safety issues.

Does this door lead from a flat to the common area or does it divide the escape corridor?

Sustained emergency luminaire is an old fashion terminology, in BS 5266-1: 2016 the terms used now are Maintained fitting (M), Non-maintained fitting (NM), combined emergency luminaire M/NM, Compound self-contained emergency luminaire M/NM, and Satellite emergency luminaire is used and each luminaire can be NM or M. Maintained or non-maintained is the principal consideration, which is decided by the use of the premises. Maintained mode is generally used in places of assembly such as theatres, cinemas, clubs and halls. The lights are typically dimmed when these premises are occupied and the emergency escape lighting prevents total darkness. Maintained fire exit signs are also used in public spaces even where these are well lit to offer clear escape route guidance in evacuation situations where the power does not fail. Non-maintained emergency luminaire: a luminaire whose emergency lamps only come on when the power supply to the normal lighting fails. Non-maintained is the typical mode in a workplace or similar environment in which artificial lighting is normally deployed while the premises are occupied. Combined emergency luminaire: a luminaire containing two or more lamps, at least one of which is energized from the emergency lighting supply and the other(s) from the normal lighting supply. A combined emergency luminaire can be either maintained or non-maintained. Compound self-contained emergency luminaire: a luminaire providing maintained or non-maintained emergency lighting and also the emergency power supply to a satellite luminaire. Satellite emergency luminaire: a luminaire for maintained or non-maintained operation and which derives its emergency operation supply from an associated compound self-contained emergency luminaire. Check out https://www.firesafe.org.uk/emergency-lighting/ or the British Standard 5266 part 1 2016.

Thanks AB

I fully understand that AB but what I do not understand why a Grade A in a two storey premises I do not think Lacots would agree.

I suspect it the Responsible Person considers it a trip hazard not a fire hazard and in my opinion it should be risk assessed, sometimes it is a problem other times it is not. It is enforceable but I would imagine it is unlikely the enforcing authority would take action but you never know.

If it is well serviced it would be normal but if it is the damage by a fire it could lose data which could be vital to the owner and could be catastrophic.

Could you give the details of the type of fire alarm are you talking about.

Question 1. You do not have to but I think it would be wise to employ a fire risk assessor before work starts. Question 2. Check out Fire Risk Assessment Competency Council - Competency criteria for Fire Risk Assessors may be useful.

The boiler will be an ignition risk and if it can ignite material close by then you need to put control measures in place. The server will be vital to the business and should be protected for the sake of business continuity.

Check out HSE guidance at http://www.hse.gov.uk/fireandexplosion/dsear-background.htm#whatdsear any questions you have should be answered.

That's part of the risk assessment and for the fire risk assessor to decide.

It will depend on your fire risk assessment, is there a fire risk in the toilets if not then fire doors will not be necessary, if there is then fix fire doors.

Thanks FRFree for putting me straight I have checked out article 14 of the 88 regs and I can now see how I got it wrong and using private and business was wrong I should have used consumer and supplier which makes it easy to understand. I was always thought that the FIRA guidance was easier to understand, but is it misleading, if so how badly and also the government guidance has been achieved. Again thanks your input it has been most useful.

I cannot give a definitive answer without a full survey of the said premises but what the council have said appears correct and in accordance with building regulations. The FRA,s are for each independent premises (Food outlets) and the common areas of the flats / holiday lets, but they are required to cooperate and coordinate with each other. There needs to be 60 minutes separation between the outlets and the flats and a wooden floor can achieve this. Check out https://www.firesafe.org.uk/regulatory-reform-fire-safety-order-2005/ and Approved Document B (fire Safety) volume 2: Premises other than Dwelling Houses may be usful.

That's how I interpret providing the lower level flats meet the standards of 2.11 and 2.12.

I tend to agree what they have said, as the regulation only apply to manufacturers,suppliers and retailers located in the UK and as I understand both are not located in the UK, one Poland the others head office is in Ireland. As I see it, the purchaser has the control not to buy if it does not meet the regulations, and if the advert does not indicate it meets the regulations, then contact the seller to confirm this. It does have to have a CEN mark and meet European law, which is explained in the link above.

If the item is not upholstered then the Furniture and Furnishings (Fire Safety) Regulations 1988/1989, 1993 and 2010 does not apply and if it is for a commercial premises then the buyer may require it to meet the surface spread of flame standard, otherwise then no.

Further to what AB has said check out 2.20 of the ADB vol 2.and Diagram 7.

Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if - (a) there is reason to suspect that it is no longer valid; or (b) there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions, and Where changes to an assessment are required as a result of any such review, the responsible person must make them. There is not frequency detailed but most consider 12 months as being reasonable, but it is up to risk assessment.

The HO guidance on cinemas and theatres state, You should ensure that security fastenings such as chains, bars, padlocks, etc. are removed from all doors, gates, shutters, etc. on exit routes at all times the public are in the premises and prior to the building being put to use. No removable fastening should be replaced until the public have left the premises and sufficient and appropriate exits should remain available for staff who may be present. How can a manager achieve this by having a chain board in his office. The legislation simply says all exits should be available and the guidance expands on this, the chain board is just good practice, which may be needed if you end up speaking to the man with the curly wig. It's been around in my experience since 1960's and most probably long before that.

I fully accept that consumers are not subject to the regulations but when you read "Suppliers affected" in the above document nowhere does it say private individuals, who are not businesses, are subject either. Could you please point me to where I could get clarification.

The above guide states "The Regulations apply to all persons in the business supply chain from the supply of materials for use in furniture and furnishings through to supply of the finished article. They affect:" follow by a list of businesses and it doesn't mention private individuals, why.

Most probably your FRA is acceptable but if the insurance company will not insure without a full fire alarm then they have you by the S & C. Who pays will be up to the your tenancy agreement I think it should be the landlord because you cannot take it with you when you leave and it will remain in his/her ownership. However as the Responsible Person (RP) it is you who have a duty to ensure a means of alerting all the employees/relevant persons is available which leaves you between a rock and a hard place.