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#1 Posted : 23 June 2009 08:21:00(UTC)
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Posted By Rod D Hi Guys We have a building which has a Lightwell and in this Lightwell we have an enclosed Glass Corridor (About 4 metres long) this corridor links the tenants demise however the Corridor is the Landlords Demise/Responsibility. There are windows which open however these windows are approximately 800mm in height. The Windows do not need to be opened for ventilation as the tenants Air Con supplies this corridor. However the tenant wants restrictors on these windows I have attended site and have noticed that they can be locked using a special tool this would take way the risk of anyone of their tenants falling from height. I believe this is not “Reasonably Practicable” as there have been no Accidents or Near Misses involving people falling from height, I also believe this is a case of wrapping up employees in Cotton Wool, people do not congregate in this corridor it is solely used to move from one area of their demise to another. (Talk about treating your employees like idiots) The question is by simply “Locking” these windows and removing the risk of falls from height would you agree that this is acceptable? Yours Aye Rod D
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#2 Posted : 23 June 2009 08:39:00(UTC)
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Posted By Paul Leadbetter Rod As the locks are already there (if I have understood correctly), why not lock them and have done with it? Paul
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#3 Posted : 23 June 2009 10:09:00(UTC)
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Posted By Rod D Paul Yes, that is what I will be doing. By locking the windows I have removed the risk, as previously stated there is no need for the windows to be opened in the first place. Some folk are high Maintenance...... Yours Aye Rod D
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#4 Posted : 23 June 2009 11:28:00(UTC)
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Posted By Ron Hunter I take it you meant demesne (in English = domain). "Demise" was an ironic choice of word! My own response to your query would be dependent on just how "special" that locking device was. If the same "special" device is readily avialable to miscreants, if there are problems with anti-social behaviour/vandalism, if the Landlord has no formal frequent inspection regime.......a few "ifs" that might be explored in a Court of Law were the worst to occur? In other respects,the fact that a reasonably foreseeable circumstance has not yet happened is NOT an argument for the test of reasonable practicability! Have you covered the maintenance aspect - i.e. window cleaning?
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#5 Posted : 23 June 2009 11:45:00(UTC)
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Posted By Buzz I was going to ask high high the building was? Like others say, the issue can be more to do with anti-social behaviour and people throwing things out of these windows!
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#6 Posted : 23 June 2009 12:17:00(UTC)
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Posted By Rod D Ron Thanks for the response and Latin/English lesson. The outside of the windows are cleaned by Assailers (Site Specific Method Statements and Risk Assessments are submitted before Assailing Commences) the insides are done by hand (Poles and Squeegees). (Only just over 2.4 metres in height.) Ron my take of “Reasonably Practicable” (For what it is worth); involves weighing up the likelihood of an accident happening in an area, against the time, effort and money needed to control it. Thus, “SFAIRP” describing the level to which I expect to see workplace risks controlled. i.e. I have locked the windows (To reduce the risk), an instruction will be sent to the tenants informing them that they are to be locked and they must not be tampered with. There are no issues involving anti-social behaviour/vandalism this is a manned Multi Office Building in London and this Corridor links the tenant’s two offices but is the responsibility of this area/Corridor is with the landlord. Buzz the corridor is on the second floor. You say demesne I say demise, is it not “Ironic” Yours Aye, Rod D
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#7 Posted : 23 June 2009 13:24:00(UTC)
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Posted By Ron Hunter Fist "demise" and now "assailers". We live in violent times! Remind me not to use your window cleaning contractor! All intended in jest, Rod
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#8 Posted : 23 June 2009 13:35:00(UTC)
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Posted By Swis You learn every day!!
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#9 Posted : 23 June 2009 13:42:00(UTC)
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Posted By Kenneth Patrick Rod, Demise and assailers do you mean domain and abseilers?
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#10 Posted : 23 June 2009 13:57:00(UTC)
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Posted By martinw Property tersm really - assailer is an acknowledged term meaning those using abseiling within work eg abseiling to clean. And demise is a normal term within property management and law: DEMISE, an Anglo-French legal term (from the Fr. demettre, Lat. dimittere, to send away) for a transfer of an estate, especially by lease So on you go Rod and forget these ignorant heathens
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#11 Posted : 23 June 2009 16:29:00(UTC)
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Posted By Ron Hunter But demise is a verb! ;-)
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#12 Posted : 23 June 2009 16:38:00(UTC)
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Posted By martinw Absolutely right - tt is in this sense and it can also be a noun: demise 1) v. an old-fashioned expression meaning to lease or transfer (convey) real property for years or life, but not beyond that. 2) n. the deed that conveys real property only for years or life. 3) n. death. 4) n. failure
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#13 Posted : 23 June 2009 18:16:00(UTC)
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Posted By Rod D Matthew Many thanks for your support. But guys we never got to the bottom of my query. Would locking these windows off be sufficient? That is the problem with these threads some of you academics go off on a "Frolic" of your own, please stop adding your own scenarios to "Beef" it up.... Matthew once again thanks Aye Rod D
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#14 Posted : 23 June 2009 18:51:00(UTC)
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Posted By Paul Leadbetter Rod How likely is that someone else could get hold of the 'special tool'? If unlikely, surely locking the windows should be enough. Paul
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#15 Posted : 24 June 2009 08:06:00(UTC)
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Posted By Rod D Paul Not very likely and remembering these are professional people. So I am definitely locking the windows Rod D
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#16 Posted : 24 June 2009 08:47:00(UTC)
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Posted By Peter F. The windows are 2mtrs off the ground so it would be highly unlikely that you could accidently fall out whilst looking out of the window, lock them explain the reasons why and if he still insists on restrictors charge him the extra for fitting them.
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