What fire detection in shop with flat above?

[Guest GeorgePur]

Good afternoon. can I please get some advice. What is the minimum legal requirement for fire detection in a commercial premises with accommodation above.
Thanks

[Couvre-Feu]

George, really too many variables in 'commercial premises with accommodation above' to give you any sound advice - it would depend on height, separation, occupancy type, etc. and may need anything from no system to a full BS5839 Part 1 system. To be honest with a risk of this type you should get professional advice.

[Tom Sutton]

The shop is subject to The Regulatory Reform (Fire Safety) Order 2005 and therefore you need to conduct a Fire Risk Assessment, which includes safety of relevant persons and is a fire alarm necessary. Consequently you need to consider a number of points such as the level of compartmentation between the shop and the flat, is there independent access to both premises including more important egress and there are other considerations.

I think I would err on the side of caution and install a part 1 system in the shop with a sounder in the flat, with a means of silencing the sounder located in the flat without affecting the remainder of the system. Details of the Category of system can be found in BS 5839 part 1.

I would inform the occupier of the flat they should install a BS 5839 part 6 system depending on the layout of the flat.

[Guest Nick]

We rent a small office space below flats and the management agent will not provide a fire safety certificate or confirmation of fire panel checks, the panel lies in our space but also services the flats above we quired the point plus gas certificate and they gave us notice ?

 

Where do we lie in relation to regulation       

[AnthonyB]

The fire risk assessment you have to carry out (you are responsible for legal compliance of the office whilst leasing it and employing people there, not your landlord) would not only address fire risks and required precautions in your office but also the effect of a fire in your office on the flats above. From your description it sounds like this has been looked at in the past and the fire separation deemed inadequate hence why the fire alarm in your unit is also covering the flats.

In theory as the system controls and power are in your demise they are under your control for maintenance - this is the default fire safety law position - however this can be overruled by contract law - if your lease includes a service charge and that the fire alarm system in common is a service charge item then the landlord should be maintaining it. There is a legal requirement for cooperation between different Responsible Persons (which can include the landlord where they retain control over an aspect of the building) so your landlord may be breaking the law.

If you have fire safety concerns then you should contact the fire service Business Fire Safety Team.

If you have landlord/tenant/lease related issues you should contact an appropriate lawyer.