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Posted By Gerry Mcaleney
Hi All , I read somewhere recently that if you are in an multi tenanted building (office block )that it would be the landlords responsibility and they would need to to conduct fire risk assessments ? Is this true or are there conditions to this before that would be the case ? Any Guidance with this would be much appreciated...Gerry
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Posted By Sheila EJ Keogh
Gerry,
But remember you and any other tenants have a duty to including emergency procedures. and the new fire safety order specifically lays responsibility on employers also. Therefore, my understanding is that you cannot sit back and wait for the landlord to get round to it if s/he is being slow, but you need to arrange it yourself & between other tenants/employers also.
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Posted By shaun mckeever
Gerry
The landlord has responsibility for carrying out the fire risk assessment for the common areas and common systems (e.g. fire alarm system, sprinklers etc.) or any areas to which he exercises some degree of control. The tenants as employers have responsibility for carrying out a fire risk assessment of their workplace but must also include the means of escape even if the means of escape is within a common area not directly under their control.
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Posted By Gerry Mcaleney
Hi All , Many thanks for your answers most helpful, as always..Gerry
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Posted By Ron Hunter
Remember the duty to co-operate &co-ordinate imposed by Regulation 11 of the Management Regulations.
If you are all under one roof, one Fire Risk Assessment for the entire premises would be the correct approach. I suggest that the Fire Service don't really want to see multiple documents.
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Posted By shaun mckeever
Yes Ron in an ideal world it would be nice to have all the assessments done by one person but reality is that each tenant thinks they can do their own better than the other or they don't want to pay for the landlord's choice of consultant. In some ways I hope we see more improvement notices issued for risk assessments not considered suitable and sufficient perhaps that way employers will not see it as a paper exercise.
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Posted By Ron Hunter
Shaun- Or enforcement action centred on failure to comply with Regulation 11 of the Managagement Regs?!!
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Posted By shaun mckeever
Ron Regulation 11 requires that there be a duty of cooperation and co-ordination and the landlord has that responsibility but he cannot force the tenants undertake a fire risk assessment no matter how much he would like to.
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Posted By Steve Lamb
However, the duty to undertake and act on a fire risk assessment can be included as a condition of any lease or tenancy by the general requirement to comply with all relevent legislation and regulations.
It is arguable whether the landord/owner can quibble about the suitability or sufficiency of any resulting third party risk assessment - but the costs to the occupier incurred by engaging in conflict with the owner may cost more than the amount paid for the owner's choice of risk assessor.
It would be an interesting arument in court!
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