Rank: Forum user
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Morning all.
I have a legal question which I am forever bumping heads with a lot of our landlords. A lot of our branches are commercial units within larger complexes with a landlord fire alarm covering the whole complex. There is only 1 control panel normally in a common area.
Some of our landlords carry out the weekly testing of the manual call points (BS-5839) in the common areas only. My argument is that they should also be testing the call points in the individual units. We cannot test our own call points as we do not have access to the panel let alone know how to use it.
The landlords acknowledge that it is their system as they have the whole system serviced including all the individual units, but just simply refuse to do the weekly tests.
My question is on a case of legality. An enforcement officer visits our branch and notes that the call points are not being tested in the branch. Who is legally responsible to do this?
Where I get annoyed it that a lot of our branches do not need an alarm (good fire compartmentation, means of escape, travel distances etc). The alarms are only needed to warn other occupants in the complex who are not our tenants. One of our landlords has now asked that we have an independant system installed and want to charge us for an engineers time to link it into their system. This is rediculous. Talk about cracking a walnut with a sledge hammer!!
Thanks if someone can help.
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Rank: Forum user
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Morning
You have a pm
Geoff
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Rank: Forum user
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OK it's in BS5839 but is it actually a legal requirement to do this?
I am in the same situation. We test our callpoints and those in the common area. Landlord and other tenants are not interested.
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Rank: Super forum user
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Hmmmm would say it is the employer who has the responsibility for his/her staff which puts you in a difficult predicament. Who does the FRA for the building? And what does your contract say?. These will be your starting point. Difficult to provide a comprehensive answer as it depends on specifics of each building. The Landlord can also be considered as the responsible person, so sounds like they do not understand their legal duties.
In this Order “responsible person” means -
(a) in relation to a workplace, the employer, if the workplace is to any extent under his control;
(b) in relation to any premises not falling within paragraph (a) -
(i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
(ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.
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