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#1 Posted : 05 April 2002 09:34:00(UTC)
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Posted By Martyn Hendrie I have been asked by a client to advise him on any legal requirements for edge protection at a residential property, in which he a has part ownership, and is rented/leased out. The property is on the coast and the area in question is at the boundary between the sea wall and the beach where there is a drop of approximately 1.8m. It is not "normally" a place of work and access is generally restricted to the residents and their guests. (Occasionally the public stray into the area) My instincts tell me that some form of edge protection is required but I am not sure where a specific requirement would be found (Planning legislation; acop, building regulations, etc?) Can anyone point me in the right direction? Many thanks in anticipation
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#2 Posted : 06 April 2002 22:47:00(UTC)
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Posted By Ken Taylor You could try talking to RoSPA's Water Safety Adviser (0121 248 2000)on this one. They have developed a scale of protective measures for different situations. It will be a matter for risk assessment taking into account the likelihood of children being present, whether the hazard is evident, local practice, etc. If its not a work place we are talking occupier's liability. Here on this island there is an outdoor refreshment area by a cliff with only a few warning notices!
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#3 Posted : 07 April 2002 16:36:00(UTC)
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Posted By Peter J Harvey So by implication what is being said is that the Local Authority should have carried out an assessment of the risk posed to members of the public (and others) that may be exposed to this risk. And in not providing a barrier being willing to argue their cost vs benefit analysis of this situation? Would it not be that as the Local Authority they have a duty of care to members of the public and others, and if the risk is significant have a "duty" to eliminate or reduce the potential to an acceptable level? (When I was six years old......many years ago I was on holiday at a UK seaside resort and the steps to the beach where accessed through a "missing" edge slab on the sea wall...... however unknown to me there was also another missing slab with no steps......the rest is history.)
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#4 Posted : 07 April 2002 17:07:00(UTC)
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Posted By steve Martyn, Try the Building Regulations. I think it's section 'K' but I'm not sure. Steve
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#5 Posted : 08 April 2002 08:58:00(UTC)
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Posted By Laurie Surley if you know that members of the public occasionally stray into the area, and you know there is a hazard the normal duty of care applies? In the event of an accident you would be liable. Was there not a recent thread on children accessing a hazardous area? Laurie
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#6 Posted : 08 April 2002 15:27:00(UTC)
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Posted By Ken Taylor Whilst being of the same instinct to fence off fall hazards with edge protection, the problem in these situations is that it becomes an arguement for fencing every cliff, coast path, sea wall, river bank, canal, etc in the UK. This is why RoSPA have devised a risk-assessment approach in this area. In the case in question, the occupiers of the site will need to take reasonably practicable measures for their staff, visitors, etc. Approved Document K to the Building Regulations will only apply where the protection forms part of a building and, even then, not retrospectively.
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