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decimomal  
#1 Posted : 25 February 2011 11:03:08(UTC)
Rank: Super forum user
decimomal

A small shop selling musical instruments, ground floor showroom and upper floor storage area. There is a residantial flat above. Due to the size and activities of the premises it is felt that a verbal warning system is sufficient. However, does the occupier have a duty to the residents of the flat above to install an alarm system to alert them to a fire in the shop? Ta.
MB1  
#2 Posted : 25 February 2011 11:16:30(UTC)
Rank: Super forum user
MB1

How will the verbal warning system work during the hours of the shop closure? If you are the landlord then you have a duty to your tenants regarding fire detection & warning, escape in case of fire and providing information. This should be incorporated in your fire risk assessment. Even if not the landlord then you will still have a duty to inform the landlord and offer a copy of your risk assessment to the resident via them.
firesafety101  
#3 Posted : 25 February 2011 11:34:34(UTC)
Rank: Super forum user
firesafety101

I had a similar issue a while ago, fish and chip shop with occupied flat above. The general consensus was that the RP is responsible for the premises, i.e. fish and chip shop RP for his business and the landlord for the flat above. If the landlord is fully aware of the shop beneath, his/her fra should consider the fire alarm, and coordinate and cooperate with the other RP.
malcarleton  
#4 Posted : 25 February 2011 15:44:47(UTC)
Rank: Forum user
malcarleton

Under the provisions of the Fire Protection Act 1971 all premises require a Fire Certificate, owners of premises must consider multi occupancy of buildings, ie sole or shared ownership of buildings. I haven't delved into the reform act, but at the very least if you have a business in a multi occupancy building, you have a duty to conduct a suitable and sufficient fire risk assessment which covers all people who may be effected by your business operations, (This is sound advice, not necessarily legal advice)
messyshaw  
#5 Posted : 26 February 2011 01:56:10(UTC)
Rank: Super forum user
messyshaw

malcarleton wrote:
Under the provisions of the Fire Protection Act 1971 all premises require a Fire Certificate, owners of premises must consider multi occupancy of buildings, ie sole or shared ownership of buildings. I haven't delved into the reform act, but at the very least if you have a business in a multi occupancy building, you have a duty to conduct a suitable and sufficient fire risk assessment which covers all people who may be effected by your business operations, (This is sound advice, not necessarily legal advice)
Blimey - A mention of the FPA 71!!! (BTW it was Precautions, not Protection). This act is dead, and has been for around 5 years, so it's perhaps not the best idea to mention it to those seeking advice who may spend wasted time Googling a repealed act. In this case - residential over a shop- compartmentation and in particular, separating the means of escape from the commercial development is perhaps key (assuming it's an internal staircase). Ceiling and walls in good condition and no services running through which have gaps around them. If the commercial premises have door(s) onto the same staircase, these should almost certainly be fire doors and close/fit tightly. If this separation cannot be achieved, it's time to consider fire detection.
bleve  
#6 Posted : 26 February 2011 10:52:45(UTC)
Rank: Super forum user
bleve

In a way this thread highlights the difficulties associated with questions concerning fire risk assessment. It is very difficult to either fully describe the layout of a premises when asking the question and this results in numerous interpretations by those attempting to provide an answer. In this case, I reckon Messy is on the right track and agree that if not already the case, then compartmentation/protection of escape route is necessary.
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