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#1 Posted : 04 September 2009 09:10:00(UTC)
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Posted By Tumbleweed Good Morning, We have experienced several break-ins recently with the route of entry being through a rear fire exit door. Amongst the options to improve security, is the fitting of a roller shutter door to the single fire door exit. A query has been raised that, under current fire legislation, roller shutters are not legally permitted over fire exits. The shutter would be raised whilst the building is occupied and lowered at night. Would this contravene current fire legislation since we are fitting it now (i.e. not an existing fixture)? Thanks
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#2 Posted : 04 September 2009 09:55:00(UTC)
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Posted By Heather Collins I can't see why there should be an objection to this provided you can put in place a regime where whoever opens the building in the morning makes absolutely certain that the roller shutter is raised fully. Might be an idea to have a check sheet that records that this is done every day in case questions get asked at a later stage. Also it would be a good idea to make sure that in the worst case the roller shutter can be raised quickly without the aid of electrical power from inside. The various guidance docs to the FSO do advise that a roller shutter isn't normally suitable as a final exit but do go on to say they may be acceptable in some low risk situations where there are a small number of people using it who are familiar with the premises and there is an easy manual means of raising the shutter. Not sure if your client would fall into this group? I realise that your situation is more complex than this as you are talking about a shutter OVER an exit not a shutter AS an exit, but just making the point that legislation (and the guidance to the legislation) does not specifically forbid it. It's really down to your FRA - and you knew someone was going to say that didn't you!
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#3 Posted : 05 September 2009 08:28:00(UTC)
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Posted By DaGuru Going to play devils advocate here..... blocking off fire exits, even when the buildings empty doesnt sit too well with me. IMHO employers have a duty of care, not only for authorised persons but even for those unauthorised people that break in aswell. Consider the scenareo, that a person breaks in and a fire starts and the fellow is found dead crouching at the fire exit which was blocked off. Im no expert, but I believe this wouldnt go down too well for the employer of the premisis. Again, Im not an expert and would welcome any input from fellow IOSH'rs that may have a different opinion. Take care.
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#4 Posted : 05 September 2009 11:34:00(UTC)
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Posted By Crim A roller shutter door on its own is not acceptable as a fire exit. A roller shutter can be fixed an an addition to a fire door providing, as Heather states, there is a regime for ensuring the fire exit is available for use while persons are in the building. I have recently fire risk assessed a building with that scenario and advised by the local authority fire safety officer that it was acceptable. The occupier has a nominated person with deputy to open the roller shutter first thing and close last thing at night. Written records are to be kept. So what burglar could get trapped - that's his/her problem!
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#5 Posted : 05 September 2009 17:12:00(UTC)
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Posted By martinw DaGuru spot on with the Occupiers Liability Act 1984 for burglars and trespassers, but it is also limited by foreseeability. Sure the lawyers will be more specific...
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#6 Posted : 05 September 2009 17:42:00(UTC)
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Posted By DaGuru Yes Martin, thats where I was coming from. Im sure there is ways of securing doors from the outside but could easily be opened from the inside and still offering the desired overall security.
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#7 Posted : 05 September 2009 17:43:00(UTC)
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Posted By Seamus O Sullivan Just a thought. What will stop management forgetting to raise this roller door where the building in occupied. Chances are that as time passes this roller door will never be raised. What will happen where there is technical failure of the door and it cant be raised, will the premises be shut for the day, or will the fire exit remain blocked. These are just some things to consider.
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#8 Posted : 05 September 2009 20:34:00(UTC)
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Posted By Crim To those who are against the roller shutter can you provide a better alternative? Please bear in mind that the door in question is the weak link as far as security is concerned. As I say those who are against, in particular, please provide another contribution.
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#9 Posted : 05 September 2009 20:41:00(UTC)
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Posted By philip john I carry out numerous fire risk assessments in schools and see no problem with shutters in front of fire doors when the building is not occupied (the caretakers' open all shutters before the schools open for normal business) which is apart of their procedures as caretakers. If anyone believes this is wrong then that's subjective with regards to trespassers entering the building, if security is good then put shutters in place (common sense ladies and gentleman. Regards Phil
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#10 Posted : 06 September 2009 21:03:00(UTC)
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Posted By martin gray1 Just a thought I would have looked at the alarm system and automatic external sensor lighting before thinking of blocking the fire exit. Notices on the outside of the door stating it is alarmed and linked to an automatic police notification center? No expert just my thoughts. MG
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#11 Posted : 07 September 2009 09:16:00(UTC)
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Posted By Peter F. The FRO points towards the 'roller shutter' being the door i.e. if a fire broke out you would have to lift the shutter to exit. If it is used as a security measure then there's no problem as long as it is lifted. It's about the management of the situation. Occupiers liability, there are thousands of buildings fitted with roller shutter doors for security reasons and I doubt there is a court anywhere 'besides America' that would hold you responsible for a arsonist death if they broke in and set fire to the premises. If this was the case we would leave the lights on in case a burglar broke in and fell over in the dark. Is this not the reason H&S often comes across as being ridiculous. Next you'll want to stop scouts having pen knives.
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#12 Posted : 07 September 2009 09:50:00(UTC)
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Posted By Tanya Boyce We have roller shutters over the fire exits as security. Our on site security staff lift the shutters before the first people arrive and lower them at a set time each evening unless notified that a large piece of wprk is going on outside of hours. All staff are briefed on how to manually raise the rollers and given a chance to practice on an annual basis. All the relevant agencies where happy with this situation.
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#13 Posted : 08 September 2009 10:59:00(UTC)
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Posted By Sean Fraser What is wrong with having a "break glass" bar on the inside of the exit. This secures the door from the inside and but can be broken to allow the bar to retract and hence open the door. However, not suitable for a door which is intended for normal access / egress. I have worked in a company that had a locked exit, with the key kept in an open-front red box cabinet on the door frame at chest level (similar to a fire alarm point). The door was routinely used as an access / egress point during day shift, but locked for night shift. Routine inspections found the key was always in place. The location had a number of other exits in the building and a relatively open lay out, so there was a low probability that this would have been the final and only accessible exit. Cheaper than a roller door, and achieves the same result.
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#14 Posted : 08 September 2009 11:42:00(UTC)
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Posted By Crim Beware key in box! I have experienced the wrong key behing the glass.
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#15 Posted : 08 September 2009 14:13:00(UTC)
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Posted By Rod D Hi Guys What about connecting the Roller Shutter to the Fire Alarm System, where upon activation of the Fire Alarm the Roller Shutter "Fails Safe" in other words it opens. A bit costly but should remove the Human Error Factor i.e. someone forgetting to open the Roller Shutter before occupation. Your Aye, Rod D
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#16 Posted : 08 September 2009 14:40:00(UTC)
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Posted By Andy Lightbody Approved Doc B (Building Regs)precludes the use of any form of lock over an escape door and requires that it can be easily openable by a single operation i.e one armed person. That said in reality there are a myriad of locks/security measures adopted as already mentioned above. You do not state what type of door it is i.e single, double, timber or metal. There are various security measures that can be applied to doors to enhance their security without breaching fire escape provision. Hinge bolts, gap guards, concealed hinges etc and will preclude the on-going maintenance and record keeping costs required for a roller shutter. Seek advice from a local security door supplier and also check with your Insurers as to your ultimate solution.
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#17 Posted : 08 September 2009 19:27:00(UTC)
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Posted By D. Hilton It may be interesting to consider The Regulatory Reform (Fire Safety) Order in particular the definition of "relevant persons" "a) any person (including the responsible person) who is or may be lawfully on the premises; and "(b) any person in the immediate vicinity of the premises who is at risk from a fire on the premises," When coupled with 14. —(1) Where necessary in order to safeguard the safety of relevant persons, the responsible person must ensure that routes to emergency exits from premises and the exits themselves are kept clear at all times.
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#18 Posted : 08 September 2009 19:31:00(UTC)
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Posted By D. Hilton and further (f) emergency doors must not be so locked or fastened that they cannot be easily and immediately opened by "any person" who may require to use them in an emergency;
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#19 Posted : 08 September 2009 19:47:00(UTC)
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Posted By Stuff4blokes The site I visited today has substantial metal grill gates on the inside of the fire doors that are unlocked and opened by the first person on site each morning and closed on the security lockup round. Their assessment has OK'd this arrangement for them (warehouse).
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#20 Posted : 14 October 2009 17:03:00(UTC)
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Posted By Paragondoors Hello guys, Ideally, a shutter should not be fitted over an emergency exit door. However, where there is a need to do this, or fit additional locking, you must then incorporate a written procedure for locking/unlocking these exits. No emergency exit should be locked if the premises are still occupied. If in doubt, you should check with the relevant authorities.
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#21 Posted : 15 October 2009 02:02:00(UTC)
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Posted By Ken Taylor It would be better (and probably cheaper) to install a security door and frame with no means of opening externally but single lever-operated multi-point locking internally. If you do go for the roller shutter, include a means of locking it in the open position whenever persons are legitimately present and add a notice to the effect that the shutter is to be locked open when the building is in use.
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#22 Posted : 15 October 2009 11:10:00(UTC)
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Posted By shaun mckeever There is nothing wrong with fitting roller shutters over fire doors providing the roller shutters are fixed open whilst the building is occupied and the exit is available. The issue of burglars and other trespassers is a red herring.
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#23 Posted : 15 October 2009 11:19:00(UTC)
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Posted By shaun mckeever Sean Fraser, just seen your comment about keys available adjacent to doors. This is a big no, use of keys is never an accepted method of operating an emergency lock unless the key is fixed in place in the lock. The risk of dropping, fumbling etc is too great.
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#24 Posted : 15 October 2009 11:24:00(UTC)
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Posted By D. Hilton Ultimately, it would be a matter for the Courts to interpret and adjudicate in the event that a tress passer or other suffered injury or loss of life due to the decision to install a roller shutter door at a means of escape. As already stated the legislation is very prescriptive i.e. (f) emergency doors must not be so locked or fastened that they cannot be easily and immediately opened by "any person" who may require to use them in an emergency;. The law does not state "any lawful person" or any person excluding trespasser's etc. Again, could it be demonstrated that it was not reasonably practicable not to install dedicated security doors as described by Ken Taylor above.
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#25 Posted : 15 October 2009 17:05:00(UTC)
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Posted By Messy Shaw D.Hilton - You are right it is ultimately up to the Courts to decide on the finer points of law, but Article 8 is clear on what the Responsible Persons must do..... (my capitals) 8. —(1) The responsible person must— (a) take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of his employees; and (b) in relation to RELEVANT PERSONS who are not his employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe. Article 2 clearly states that (again, my capitals).......... "RELEVANT PERSONS" means— (a) any person (including the responsible person) who is or may be LAWFULLY on the premises; and (b) any person in the immediate vicinity of the premises who is at risk from a fire on the premises, but does not include a fire-fighter who is carrying out his duties..... (ie firefighting) So - as far as I can see the RP hasn't got any responsibilities to ensuring MOE for an unlawful intruder as far as considering him/her in the FRA, so placing security shutters over a final exit of an empty premises is not a problem.
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#26 Posted : 15 October 2009 19:02:00(UTC)
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Posted By D. Hilton But the legal debate concerning the interpretation of (b) any person in the immediate vicinity of the premises who is at risk from a fire on the premises and f) emergency doors must not be so locked or fastened that they cannot be easily and immediately opened by "any person" who may require to use them in an emergency. may make an interesting addition to case law Consider the existing level of liability from trespass wrt say fragile roofing etc
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#27 Posted : 15 October 2009 19:25:00(UTC)
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Posted By D. Hilton In the context of the previous post let us consider the Occupiers Liability Act: The Occupier has a de facto duty of care to any non lawful visitor (i.e Joe criminal/Trespasser) where: He/She has knowledge or reasonable grounds to believe a danger exists......(Danger of fire perhaps) He/She has reasonable grounds to believe non lawful visitors may come into his/her premises or property........(reason for providing the shutters in the first instance) The risk to the tresspasser is one in which he/she can reasonably provide protection........ (a readily op enable means of escape) It is not as black and white as you think Messy.
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#28 Posted : 15 October 2009 19:46:00(UTC)
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Posted By D. Hilton In conclusion you are stating that an occupier has no duty of care towards a non lawful visitor when: The OLA states otherwise and The RRO defines a "RELEVANT PERSON" as— any person in the immediate vicinity of the premises who is at risk from a fire on the premises including Fire Service Personnel on a DPI but excluding them when fire fighting. In addition, to my knowledge the provision of roller shutter doors or other impediments fitted to a means of emergency egress is not referenced within the building regs or AD B / TGDB.
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#29 Posted : 15 October 2009 22:27:00(UTC)
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Posted By shaun mckeever Darren, I guess this is one for the legal experts on this forum but I would disagree with your point of view 'He/She has knowledge or reasonable grounds to believe a danger exists......(Danger of fire perhaps)'....FRA and associated control measures to prevent ignition would not give reasonable grounds to believe a fire would start 'He/She has reasonable grounds to believe non lawful visitors may come into his/her premises or property........(reason for providing the shutters in the first instance)'.....by providing security measures against unlawful entry I would say the occupier would not reasonably believe non lawful members may come into the premises 'The risk to the tresspasser is one in which he/she can reasonably provide protection........ (a readily op enable means of escape)'.....reasonable protection has already been provided by providing security measures against unlawful entry in the first place In my eyes it is black and white but I'm no legal expert, interesting debate though.
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#30 Posted : 16 October 2009 09:55:00(UTC)
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Posted By D. Hilton Shaun, in reply: 'He/She has knowledge or reasonable grounds to believe a danger exists......(Danger of fire perhaps)'....FRA and associated control measures to prevent ignition would not give reasonable grounds to believe a fire would start... Lets examine this a little further. If we are stating that there are no reasonable grounds to believe a fire would start, equally the same statement must be true irrespective of the time of day. In that case, why would a fire exit be provided at all? The completion of a fire risk assessment and implementation of counter measures does not eliminate a probability of fire. 'He/She has reasonable grounds to believe non lawful visitors may come into his/her premises or property........(reason for providing the shutters in the first instance)'.....by providing security measures against unlawful entry I would say the occupier would not reasonably believe non lawful members may come into the premises. The debate within the post concerns the provision of roller shutters at exit doors. In order to prevent entry it would be necessary to provide shutters at each and every means of entry windows, skylights etc. Even then this does not totally eliminate the possibility that a non lawful visitor could gain entry. 'The risk to the tresspasser is one in which he/she can reasonably provide protection........ (a readily op enable means of escape)'.....reasonable protection has already been provided by providing security measures against unlawful entry in the first place.
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#31 Posted : 16 October 2009 11:10:00(UTC)
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Posted By shaun mckeever Darren you are correct that we have to assume that fire is always a possibility and the occupier has a duty of care to lawful occupants hence the need for general fire precautions. Risks are far greater when a building is fully occupied and activities within the building are going on. The occupier must provide reasonable precautions but, in my view, that does not extend to providing means of escape for potential trespassers. Where is Adrian Watson when you need him? He is the legal eagle here. I'd like to see him contribute to this debate.
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#32 Posted : 16 October 2009 11:18:00(UTC)
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Posted By D. Hilton Shaun the risk of fire is not necessarily greater during multiple occupation. It is all dependent on the nature and activities associated with the premises, which is why the provision of a roller shutter door at a means of emergency egress is not a black and white issue, it has to be satisfactorily addressed within the FRA and this would also have to take into account OLA and non lawful visitors of any type. Also, the use of roller shutter door could have an impact on the individual responsible for opening the shutter door at the start of the day, or may impact security personnel on patrol. As I have said, it is not necessarily a black and white issue but must be considered and appropriately assessed.
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#33 Posted : 16 October 2009 11:37:00(UTC)
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Posted By dac I don't think that we are actually looking at this in a reasonable manner, concerning uninvited guests (thieves). Are you people suggesting that we should keep our doors and windows unlocked so that a thief can escape in an emergency? What about boarded up properties? What about sites that have hoardings and security gates? I think that when the thief breaks in he generally makes some sort of provision to also escape (with there ill gotten gains) so that may work as a solution. To answer your first question I would assume like any other means of security as long as the shutter is open and there is access to the fire door when the building is occupied I can see no issue. You must however remember other workers who let them selves in early doors ie cleaners etc what will be the process for them?
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#34 Posted : 16 October 2009 11:59:00(UTC)
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Posted By John Packer IMHO if you have done all that is reasonably practicible to prevent entry to an unauthorised person then you have discharged your duty of care towards them
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#35 Posted : 16 October 2009 12:29:00(UTC)
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Posted By D. Hilton The point is that there are more suitable means of security while still enabling emergency egress. A roller shutter door can fail in the closed position, a key to the lock may be misplaced, the door can remained closed by human error etc. Scenario whereby a break in is attempted, RS door is damaged and cannot be opened, I am sure that on arrival at work, the employer will send each employee off the premises while awaiting repair. In addition, just because the RRO excludes duty of care re active firefighting, it does not sit easy with me that the use of roller shutter door could prevent the use of an emergency means of egress by fire service personnel.
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#36 Posted : 16 October 2009 12:37:00(UTC)
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Posted By Elfy Tumbleweed. I would avoid installing the roller shutters if at all possible as you are simply introducing an additional and potential hazard. I would speak with the local fire & rescue service for advice and also with a security specialist to see if you could introduce a more secure door. If you introduce the shutters however do make sure your control measures are watertight to ensure the shutters are open when anyone is in the building, including contractors, cleaners and anyone else that may arrive outside of the office core hours. Personally I wouldn't sleep that well with shutters fitted knowing I had to trust human behaviour to ensure they were opened / closed at the correct times. Good luck with whichever choice you make.
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#37 Posted : 16 October 2009 14:43:00(UTC)
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Posted By steve grimes what you need to consider is the tactics the viet cong used in and around the cuchi tunnels to defend themselves against the imperialist american invaders they fixed a body trap loaded with sharp thick branches so when the door was opened it fell in a pendulum motion under gravity its a tried and tested winner give it a go
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#38 Posted : 16 October 2009 14:45:00(UTC)
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Posted By John Packer Steve, You've obviously lost the plot ;) You forgot to mention smearing excrement on to the tips of the spikes.
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#39 Posted : 16 October 2009 16:16:00(UTC)
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Posted By shaun mckeever It always baffles me why people on here recommend speaking to the fire service as if they are the font of all knowledge regarding fire safety. I spent several years in a fire safety department for a local fire authority. Many of my colleagues were firefighters who opted to serve in the fire safety department to gain temporary promotion for the last two or three years of their career to enhance their pension. In many cases their knowledge of fire safety was very limited. As I mentioned recently on another thread joe public puts too much faith in fireman sam and ignores the expert in fire safety. Many of the contributors on this site are ex serving fire officers. Why do you think going to your local fire officer would provide any different answers to the ones you get on here?
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#40 Posted : 16 October 2009 17:20:00(UTC)
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Posted By Crim Hi Sean, Intersting comment you made there, like you I spent some time in the fire safety dept. and agree with your comments to a degree, however I like to think I was better than fireman Sam as you probably do yourself? I do beieve I know more now than I did way back then - new regulations, fire risk assessment etc. I use the local fire safety officer as a sounding board, this is extremely useful as he lets me know little snippits of information that I find are helpful to me. The fire officer I currently communicate with does audits of businesses fire risk assessments and he has reviewed mine recently, it is good for me to know what they are looking for.
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