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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: kurnal on May 12, 2014, 10:11:09 PM
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Are all English fire services are using these disgraceful Bluff and Persuasion Act letters?
Re: Regulatory Reform (Fire Safety) Order 2005 ? Action Plan
Premises:
Further to the inspection carried out on of the above mentioned premises, the general fire precautions were found to be inadequate.
In order to comply with the above legislation the preventative and protective measures listed on the attached sheets of the enclosed action plan dated should be completed by .
A further inspection will be made after the overall completion date of to ensure the preventative and protective measures have been completed and that the general fire precautions are adequate in accordance with the above mentioned legislation.
To confirm acknowledgment, I would be obliged if you could sign and return the enclosed ?Notice of Receipt? to the above address within 14 days.
And then to cap it all the "Notice of Receipt" implies that failure to comply is an offence
I understand that by signing this notice of receipt I am giving an undertaking to complete the preventative and protective measures listed in the above action plan by .
I also understand that failure to complete the preventative and protective measures listed in the time scale(s) indicated may place relevant persons at risk in case of fire. I understand such failure may constitute an offence under the Regulatory Reform (Fire Safety) Order 2005.
Furthermore I acknowledge that if the preventative and protective measures listed are not completed within the time scale(s) formal enforcement action may be taken to ensure compliance such as an enforcement notice issued under Article 30 of the Regulatory Reform (Fire Safety) Order 2005
Signed Responsible Person
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Come on guys what the heck do you think you are playing at???? I know its come from CFOA but that does not make it right, fair, reasonable or enforceable.
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I have read these countless time now.
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Not sure from the posting whether it is an informal notice or is it an action plan?
If it is an action plan then it will be issued instead of an Enforcement Notice. But it doesn't look like any action plan I have seen or agreed with an RP. If it is the former then it is just a variation of words that all F&RS use. I will admit though ours aren't quite as threatening. I understand that work is in progress to standardise letters throughout England & Wales. When this will happen is any bodies guess.
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I am afraid each FA does there own thing and issues their own variation of Notice, "Minor non-compliance letter" and "broadly compliant letter" what's that all about!?? Poor do really but that's the way it is now I am afraid.
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Unfortunately I see it as more than the old buff and persuasion act in that if a person signs the 'receipt' letter they are committing themselves to accepting an enforcement notice and therefore they would eliminate the right of appeal built into the enforcement notice. The argument being that they have signed a document that states if they do not carry out the work the brigade can issue an enforcement notice, what have they got to appeal against?
My advice has been to send a separate letter stating that the original letter has been received and the contents are being examined.