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Dano1  
#1 Posted : 11 May 2011 12:07:51(UTC)
Rank: New forum user
Dano1

Can anyone help
I have recently had a outside contractor complete our fire R/A and he has given me back some substantial information.
Since this my fire alarm maintenance contractor is telling me we must install a number of new detectors and upgrade areas and basically telling me we need to spend a load of money on areas because of British Standards says we must but my R/A has not identified this.
As far as I am aware I am compliant with the Fire Safety Order I take my guidance from the Risk Assessor and I conform to British standard regarding Maintenance and standard of alarm, testing, etc but my alarm contractor is saying the risk assessor should tell me what category of fire protection is needed on site like L1 L2 etc as BS says I have to and we should have this level across site.
He is questioning the Assessors judgement and what he deems to need protection.

So my question is how do I stand regards compliance with fire safety against British Standards and what should and shouldn't be?

The installation of the Alarm is to BS but what about the level does BS even stipulate levels

Hope someone can clarify
SafetyGirl  
#2 Posted : 11 May 2011 12:14:53(UTC)
Rank: Forum user
SafetyGirl

I'm sure BS9999 gives minimum levels of fire alarms for premises - it's worth having a look......
walker  
#3 Posted : 11 May 2011 12:26:35(UTC)
Rank: Super forum user
walker

I'd thank the alarm conrtractor for their advice and tell them you are now about to spend time & money checking their advice.
Warn them if it turns out to be untrue they can kiss goodbye to their contract.
Heather Collins  
#4 Posted : 11 May 2011 12:43:55(UTC)
Rank: Super forum user
Heather Collins

Dano - contact your assessor, tell him of the advice you have receieved and ask him to clarify in the findings he has given you whether this work is in fact needed. Any assessor worth his salt should be happy to do this for you for a minimal sum. I know I would if it was my assessment being questioned.

Bear in mind that your fire alarm contractor has a vested interest in you deciding to do the work.

If it turns out to be unnecessary then as Walker says, look for a new contractor.
firesafety101  
#5 Posted : 11 May 2011 13:17:03(UTC)
Rank: Super forum user
firesafety101

I agree with all of the above.

If I was your fr assessor I would appreciate a call from you to explain what has happened, and I would then offer to carry out some research on this issue and get back to you, in case I had missed something - nobody knows everything and we don't know what we don't know!

All part of the service.

I would ask if there has been any changes to the premises since the fire alarm system was installed? The alarm contractor could have a point?


SBH  
#6 Posted : 11 May 2011 14:58:47(UTC)
Rank: Super forum user
SBH

All depends on the business and the risk. For instance do you have residents who sleep, do you have explosive materials, is the building of extreme value. All of these when considered will dictate the level of detection required

SBH
Oldroyd19659  
#7 Posted : 11 May 2011 22:37:38(UTC)
Rank: Forum user
Oldroyd19659

The fire risk assessments determine the level of risk and subsequent control.

BS Standards are exactly that and there is no legal duty to comply with BS standards they do not even attain the level of "guidance" in statute as they are not a statutory instrument - I am unaware of any case where BS standards heve been used as a vehicle to prove none compliance

Having said that as part of a competent assessment a review of the BS standards associated with any installed equipment you install as part of your assessment would make sense.

IMO I would immediately dispense with the contractor.
bleve  
#8 Posted : 12 May 2011 08:09:02(UTC)
Rank: Super forum user
bleve

Oldroyd19659 wrote:
BS Standards are exactly that and there is no legal duty to comply with BS standards they do not even attain the level of "guidance" in statute as they are not a statutory instrument - I am unaware of any case where BS standards heve been used as a vehicle to prove none compliance.



Dunne V Honeywell and Virginia Milk Products
firesafety101  
#9 Posted : 12 May 2011 08:13:01(UTC)
Rank: Super forum user
firesafety101

Hi bleve, is that the case in california?

If so it can't be BS?

bleve  
#10 Posted : 12 May 2011 08:20:25(UTC)
Rank: Super forum user
bleve

Guru  
#11 Posted : 12 May 2011 08:30:26(UTC)
Rank: Super forum user
Guru

British Standards have no legal status, but are used in courts as authoritative guidance on a particular subject.

Oldroyd19659  
#12 Posted : 12 May 2011 21:02:45(UTC)
Rank: Forum user
Oldroyd19659

Bleve

The case law noted is in fact civil and not as my post intimated criminal - as I noted

BS Standards are exactly that and there is no legal duty to comply with BS standards they do not even attain the level of "guidance" in statute as they are not a statutory instrument - I am unaware of any case where BS standards heve been used as a vehicle to prove none compliance.

Wherever you see the words statutory instrument this means criminal law and I am still unaware of any criminal case where BS standards would be used to prove none compliance. The first default below the relevant act or regulation would be the ACoP which has quasi-legal status. The next rung down "guidance" is in the same boat as the BS standards none legal with no status in law.

One could raise an argument in court around BS Standards/Industry Best Practice/relevant HSE guidance documents but this would be merely a side event and the fact that a company had not worked to a BS Standard (as such) is not a contrevention of criminal law.

Best Regards
Martin

As for civil law the

McDonnell16978  
#13 Posted : 20 May 2011 15:16:03(UTC)
Rank: New forum user
McDonnell16978

I may be incorrect here but isn't that link regarding Irish case law not English/Scottish. I'm wondering what it's exact relevance is?

bleve  
#14 Posted : 20 May 2011 21:58:25(UTC)
Rank: Super forum user
bleve

quote=McDonnell16978]I may be incorrect here but isn't that link regarding Irish case law not English/Scottish. I'm wondering what it's exact relevance is?



I guess the statement of Cavan, Ireland was a bit of a give away there.
relevance as follows:
Oldroyd made a statement that he was unaware of any case relating to a failure to adhere to a British Standard without being specific to criminal or civil law and without specifying jurisdiction.

Answer as provided relating to civil action in Ireland.

BTW, IOSH forums are not exclusively for UK topics/discussion.
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