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#1 Posted : 18 July 2003 11:19:00(UTC)
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Posted By Michelle Driscoll I was wondering whether any of you clever folk could answer a couple of questions for me? A. Is there a minimum office size/headcount required before a fire alarm has to be installed? And does it have to be a actual alarm or can a telephone paging system be suitable? B. Whose repsonsibility is it to install one - tenant or landlord? Many thanks Michelle
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#2 Posted : 18 July 2003 11:36:00(UTC)
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Posted By Jonathan Breeze Michelle, Just to get the ball rolling I'm going to reply thus: A) Probably depends on your own fire risk assessment and/ or the requirements of the fire certificate (if you have one). B) Depends on the nature of your contract/ lease, I'm afraid you will have to read the small print. Needless to say, in the event of a fire, what the small print says will be of little comfort to the families of any victims. Which brings us back to Risk Assessment & actioning any findings. Jon
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#3 Posted : 18 July 2003 11:45:00(UTC)
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Posted By Chris Turner A fire risk assessment will need to be undertaken, to determine any control measures needed. The assessment must include; Specific hazards,i.e ignition sources, combustible materials, pepole, etc. Means of raising the alarm and escape, i.e fire detection and warning, means of escape, fire fighting equipment, etc. Control measures such as fire wardens, emergency procedures, etc. Further guidance can be obtained from the publication available from the HSE called, Fire Safety, An Employers Guide. You may need to seek assistance from a competent safety person in compiling the assessment. Hope this of help
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#4 Posted : 18 July 2003 12:07:00(UTC)
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Posted By shaun mckeever Hi ya Michelle First of all, all places of work regardless of size/head count must have a means for raising the alarm. In a small office this may simply be someone shouting 'Fire'. As regards an electric fire alarm system which I believe is the intention of your question there is no minimum office size/head count that is used to determine if you need a fire alarm. What you should be doing is a fire risk assessment. This should determine your need for a fire alarm. There are many factors that you will need to consider such as the nature of the work, whether the office is open plan or sub-divided into smaller compartments, is there a sleeping risk, are there areas that fire can break out undetected and if so what is the likelihood that this will affect your means of escape, do you have critical areas essential to the running of the business e.g. computer server rooms where the loss would prevent the business from operating. The list is endless. It may also be that the building has a fire certificate and the need for a fire alarm has already been specified in the fire certificate or your insurance company may require you to have a fire alarm. Once you determine the need for a fire alarm then there is a British Standard (BS5839 Part 1: 2002) which recommends the minimum requirements for a fire alarm system. A simple telephone paging system is unlikely to meet the standard. However pagers can be used as part of a fire alarm system as they are often used to alert people with hearing impairments in places such as hotels etc. Part of the function of a fire alarm system will be to indicate the location of the fire to the fire brigade. It is difficult to see how a telephone paging system can achieve this. As regards who has responsibility for installing the alarm, if the building has a fire certificate in which a fire alarm has been specified then I believe it would be the owner/landlord's responsibility. If the building does not have a fire certificate and you have determined that it does need a fire alarm, then depending upon where you have determined that the fire alarm is required will depend upon who has responsibility. If it is the common areas then I believe it is the landlord's responsibility, however if it is within your own office area then I believe it will be your responsibility but this may be down to the agreement you have with your landlord. I hope this has been helpful. Best regards Shaun
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#5 Posted : 18 July 2003 13:05:00(UTC)
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Posted By Sean Fraser The question of tenent or landlord is an interesting one - it depends on the lease. Commercial arrangements are not the same as domestic ones, as they are often reviewed and agreed between lawyers rather than through a direct relationship between potential tenent and landlord. Indeed, there may be specific conditions made regarding the nature and extent of any "modifications" as there may be a clause which requires the tenent to return the premises to an "as provided" condition upon surrender of the lease. In terms of health and safety, there is a distinct requirement in Regulation 11 of the Management of Health and Safety at Work Regs 1999 for co-operation between other employers and/or self-employed persons operating from the same premises, ESPECIALLY regarding fire precautions - but can this be interpreted to cover landlords who provide facilities where only one employer operates from? As an employer, you are legally obliged to ensure the health, safety and welfare of your employees. If you carry out a risk assessment that identifies that a building or office requires specific fire precautions to be in place (alarms, exits, extinguishers) and the landlord objects, then the landlord would be obstructing you in your legal duties and you would have a claim against them. However, who pays for it is another matter! You may also wish to consult with your Employer Liability insurer - they will no doubt have experience of this sort of thing and might give you a better grounding on the legal aspects and how to resolve it amicably. I agree with what the others have said regarding the risk assessment, but I appreciate the difficulties that arise when you are a tenent as opposed to owner-occupier. Leverage on your side will be the Fire Certificate - consult with the local Brigade for advice or perhaps even an inspection. What I fear is that if (when) the Brigades are no longer required by Statute to inspect and provide certificates, that this sort of situation will be more prevalent as the less scrupulous landlords attempt to do as little as possible or even become obstructive in order to keep their costs low and keeping revenue high, and that workplaces may be less well protected as a consequence. Perhaps this is where consistent and effective insurance inspections can be used to ensure that standards are not allowed to deteriorate and nobody is able to shirk their moral as well as legal responsibilities. I do not mean to infer that all or even a majority of landlords are irresponsible or obsessively cost-conscious, and certainly not towards your own landlord. Before doing anything, speak to them first to see what their take is on it and see what they suggest. You may find them very amenable and understanding.
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