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Updating of existing fire risk assessment during construction
Rank: Super forum user
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Hi all,
I would like to hear your thoughts on the following as it is a situation we as a company keep finding ourselves in;
We carry out refurbishments/refits within existing live retail premises. We will produce our own fire plan/risk assessment for our own works and will take all reasonable measures not to affect the fire plan of the building we are working in (for example, by blocking fire exits). Sometimes though a fire exit may need to be taken out of action which of course then impacts the building's existing fire plan. This is where our problems usually begin.
My view is that if a fire exit is taken out of action, it is the responsibility of the client to notify/consult building control, decide on whether additional exits are required for the duration of the works, amend their fire plan and then brief their staff on the new (albiet temporary) arrangements.
However, our client seems to think that it is up to us (as Principal Contractor) and the architects to carry out the above and seems to be doing al they can to avoid doing it themselves
I would be interested to hear all your thoughts and experiences of this kind of thing.
Thanks in advance.
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Rank: Super forum user
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Hi Stern,
is this construction work notifiable under CDM? (i.e. will it exceed 30 working days duration or will involve more than 500 man days).
PH2
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Rank: Super forum user
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Hi PH2.
Yes usually these would be notifiable projects with us as PC. They would however be undertaken in live (still trading) stores which are full of client staff and customers with us working behind hoardings and the like.
In the most recent case, our hoarding was going to block a fire exit and despite going through all the possible options, nothing could be done to prevent it.
As a result the store's fire plan needed to be reviewed/updated to take this into account. The issue was though that the client was trying to get us/the architect to update their fire plan/risk assessment for them which is where the disagreements began.
Stern
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Rank: Super forum user
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It is the Client who has dictated that the refurb work is to be undertaken whilst the business remains open, therefore all of this rests squarely with the Client.
Where there is a will though, there is often a way? Not unusual for a fire escape route to be maintained across a site boundary and hoarding - takes a bit of planning and cooperation, can be done - but needs to be considered at the design and planning stage?
On a Notifiable Project, I'd expect the Desinger and CDM-C to be flagging this very early on.
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Rank: Super forum user
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Hi Stern
if CDM notifiable there will be a "Designer" and they have responsibility to eliminate hazards where possible at the Design stage, or follow the "Principles of Prevention" as set out in Appendix 7 of the CDM Approved Code of Practice. Where the hazards cannot be eliminated or reduced further they should be brought to the attention of the CDM co-ordinator as part of the Design Review process. These "Residual Risks" (including non availability of fire exits") should have been highlighted by the CDM co-ordinator in the "Pre-Construction information pack" and then addressed by the Principal Contractor in their "Construction Phase Plan".
The CDM co-ordinator should have ensured co-ordination and co-operation between all parties before the work commenced, so that queries such as the fire doors do not arise part way through a scheme. I suggest that you raise your concerns with the CDMC as soon as possible.
PH2
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Rank: Super forum user
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Hi Ron,
Thanks for the response. I agree that where there is a will there is usually a way and we very often end up installing elaborate setups (tunnels, walkways etc) in order to maintain the store's fire escape routes. However, sometimes there is just no way which is where we are now.
We also had a similar situation regarding a fire wall within a live store. I pointed out that a wall which we needed to dismantle, move back approx 10 feet and then re-erect was a fire wall and that moving it would impact the store's existing fire plan/risk assessment.
My view was that the client needed to speak to building control and update the existing fire plan/risk assessment for the store. Again though, the client tried to push this onto us and get us to amend their fire plan/risk assessment. I may be missing something but i can't see how we have become the responsible person!? Have they never heard of the RRFSO?
PH2,
I told you a lie. Typically these would be notifiable jobs but the recent issue (which prompted me to post on here) was a 3 week project in the carpark of a trading store. Our works meant that one of the store's fire exits couldn't be used for approx 2 weeks of the job and try as we might there was no way around it.
Their response was basically "that's ok, we're happy to use the other exits but you need to update the risk assessment and ensure that the store (their own staff!) are aware of the new arrangements".
Again, i can't see how this becomes our responsibility? Am i missing something?
Stern
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Rank: Super forum user
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PH2,
I understand that this should have been picked up and discussed before works started but i don't see that it would have made a difference.
We would have said to the client "sorry but we've got to block that fire exit" and they would have simply said "no problem, but you've got to update the fire plan, decide on whether the loss of the exit is acceptable and if not, decide on additional controls, inform the staff etc etc (basically do our job for us!)"
And as for the CDMC, he's singing to the same tune!
I know we're right but with everybody telling us it's our job you can't help but question yourself!
Stern
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Rank: Super forum user
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Hi Stern,
I agree that revision of the fire plan rests with the Client, but he should have discussed his proposals with the other members of the team; CDMC, Designer and the PC. The CDMC should have picked up on this at an early stage and arranged a meeting with all parties (including the Client) so that so that responsibilities and controls will be clearly understood by all. Although CDMC's rarely stay involved in a project after work commences (until the H&S file needs to be prepared) this is a situation where I believe they should have been an active part of the team. The Client is entitled to rely on their advice regarding construction matters including fire safety during the work in a live store (and should have their own "competent person" providing advice on routine matters such as fire safety in their premises, under the RRFO).
PH2
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Rank: Super forum user
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Notifiable makes no difference at all that's a red herring.
The duty lies with the person in control of the premises.
The main part of the premises is controlled by the client so the client has a duty to amend their fire risk assessment.
The contractor will be in control of their part of the premises, (the site), and it is their duty to update their fire risk assessment.
Both parties have a duty to liaise with each other and train their staff accordingly.
Where either impacts on the other I would expect good quality communications between both parties, to ensure adequate arrangements are made to maintain fire exits.
Where works obstruct or remove access to a fire exit alternatives must be available. The contractor must not simply say it is part of their works so tough on you Mr client. To do that would put them at risk of prosecution under the RRFSO.
Liaison is required.
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Rank: Super forum user
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Hi Firesafety101,
Thanks for your response. I agree with what you're saying except for the last sentence; We never say "tough it's part of our works". As stated previously, we do everything we can to stop this happening on our projects. Unfortunately though, sometimes a fire exit must be taken out of action.
Of course alternatives must be made available for the duration of the works, that goes without saying, and we are always in discussions with the client ref these kind of things. The issue is that introducing alternative arrangements means that you are altering the building's existing fire plan which is something that our client keeps telling US (the principal/main contractor) to do.
Of course we are happy to display signage to the alternative exit but as far as i can see it is not our job to decide where this alternative exit is and to make temporary changes to their existing fire plan - that is the job of the client (as the responsible person under the RRFSO).
Would you agree?
Stern
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Updating of existing fire risk assessment during construction
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