Recent Updates

A recent article published by Warren Spencer caught our eye at Fire and Safety Solutions Ltd (FASS) as it highlights the responsibility Property Managers have towards tenants with regards to the Regulatory Reform (Fire Safety) Order 2005 (the FSO). In summary it is the property managers responsibility to ensure the FSO is fully adhered to and this is not devolved down to tenants regardless of whether a management fee arrangement is in place or not.

 Here at FASS we can work with Property Managers and Landlords to fully understand and adhere to all aspects of the Regulatory Reform (Fire Safety) Order 2005 (the FSO) for their specific properties and tenant arrangements to ensure that not only are they compliant, but more importantly occupiers of the building are safe. For further information on Fire Risk Assessments please click here and for general information on how FASS can help you, please get in touch.

The original full article appears below or can be viewed on Warren Spencer’s website here.

A manager of a block of flats, who appealed an enforcement notice issued by the fire service on the basis that he was not responsible for the flat doors or the fire alarm system, has had his appeal dismissed by a Cheshire court.

David Jones, a freehold owner and manager of a converted mill containing 8 flats in Macclesfield, Cheshire, had appealed an enforcement notice served upon him by Cheshire Fire and Rescue Service in July 2022.

The notice had required Mr Jones to rectify breaches of the Regulatory Reform (Fire Safety) Order 2005 (the FSO) in relation to the compartmentation of the building; the electrical installation; risk assessment; fire alarm; emergency lighting; and the safety of exit routes. He had also been required to co-operate and coordinate with the leaseholders within the premises to ensure compliance with the FSO.

Mr Jones had appealed the notice on the basis that he did not have access to the properties to which the notice related. He stated that he was not able to enter the leaseholders flats to install a fire alarm and that he was not responsible for their flat doors. He outlined that the leaseholders each paid £30 per month as a management fee, but this did not cover the fire safety provision in the premises. He stated that his role was only to manage the building structure and common areas.

Warren Spencer, solicitor for Cheshire FRS, told the court that the fire service had written to Mr Jones requesting copies of the various leases held with the leaseholders. Mr Jones had stated that he did not have copies of the leases. Mr Spencer showed Mr Jones a copy of a lease provided to CFRS by one of the flat owners, which contained clauses outlining that he, as the landlord did have access to the properties provided appropriate notice was given, and that he as the building manager and freeholder of the property, was responsible for the fire safety provision in the premises.

Mr Jones replied that he was unaware of the fine detail contained in the lease.

Fire safety inspector Jean Parr told the court that she had decided to issue the notice after carrying out a fire safety audit of the premises. During the audit and inspection she had found various breaches of compartmentation within the premises, no emergency lighting, loose banister rails with missing spindles on the escape route and no external handrail for steps leading from the entrance/exit. She explained that the premises did not contain an appropriate fire alarm system and that the fire risk assessment carried out by Jones was not suitable and sufficient and did not comply with article 9 of the FSO.

Station Manager Carl Rainbird told the court that Mr Jones had identified himself as the freeholder of the building and as a result of the lease showing that he was the building manager, he was responsible for the control of the common parts of the building. SM Rainbird told the court that he was satisfied that the notice had been correctly drafted and issued to the right person, namely Mr Jones.

District Judge John McGarva said that Jones had given the impression of trying to “wash his hands of any responsibility”. The Judge was satisfied that there had been numerous breaches of the Fire Safety Order and that Jones was the responsible person for the premises. He found that he was satisfied that the flats did not have fire doors at their entrances, and that this was Mr Jones responsibility, as it impacted upon the common areas which were part of the escape routes.

DJ McGarva found that he was satisfied that the existing fire alarm was inadequate and that although individual flat owners had their own responsibilities, it was necessary for the person responsible for the common areas to also take action. He said that he was also satisfied that Jones had not cooperated with the flat owners to ensure the collective safety of the residents and had shown a disregard for his obligations and sought to avoid any responsibility.

DJ McGarva stated that the issuing of the notice had been entirely proper and that the appeal must fail.

He ordered Jones to pay the £4199 costs incurred by the fire service.

 

As we have recently covered on our website, where ever there are Lithium-ion batteries in use, especially within public spaces or commercial buildings, it is essential to ensure that the correct type of fire extinguisher is available should a fire break out.

A recent video further highlights just how intense the fire from a Lithium-ion battery can be. Shown here was a fire that started from an e-Bike in The Ilac, which quickly erupts with ferocity that could potentially be a significant danger to anyone near by.

High powered lithium-ion devices such as e-Scooters and e-Bikes are quite common now, so where these devices are stored and charged, extra consideration should be given to ensuring that the correct type of extinguisher is available. Lithium-ion is a Class B fire, so a standard ABC or Dry Powder fire extinguisher should be used.

FASS are able to supply a full range of Dry Powder extinguishers which are fully commissioned and therefor insurance approved for your building, on both traditional red colour or chrome, gold or bronze finishes (Contempo range). In addition we also offer full fire safety training courses so your staff are trained in how to safely use and extinguisher a fire with an extinguisher.

For full details of these services or any other aspect of FASS services, please get in touch.

At FASS we recently read an article by Construction Enquirer that we felt contained important information worth sharing with our clients.

For the full article please see: https://www.constructionenquirer.com/2022/08/25/trade-body-besa-sounds-urgent-warning-over-fire-dampers/

In summary: The Building Engineering Services Association (BESA) has issued an urgent warning after annual inspections carried out by maintenance contractors found a potential safety weakness in a large number of building ventilation systems due to the incorrect installation of fire dampers.

BESA Head of technical Graeme Fox said that many did not comply with manufacturers’ instructions and needed remedial action “without delay”.

Fox said: “We have been alerted to the very dangerous practice of using self-drilling ‘tek’ screws which do not melt when temperatures rise during a building fire.

“This means spring-loaded dampers will not be released to contain the spread of fire within the zone and ensure the integrity of the fire stopping measure.

“Dampers must be secured by fusible fixings that allow the duct to break away otherwise the collapsing duct could pull the damper out of place and break the seal between the fire zones.

“While this is clearly a very worrying situation, we can take some reassurance from the fact that this problem is being brought to our attention by the increasing frequency of fire damper inspections and tests as awareness grows of this extremely important issue.

“We would urge contractors to alert their clients immediately so all the necessary checks and repairs can be carried out.”

For further information, please contact us.