FireNet Community

FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => Fire Safety => Topic started by: bevfs on November 19, 2015, 01:54:23 PM

Title: vacant workplace,Does FSO apply?
Post by: bevfs on November 19, 2015, 01:54:23 PM

hi all,
empty workplace(restaurant) vacant! on pavilion row of shops/retail
does the fso apply on  the empty unit,or on an empty workplace? Is there any case law on this matter?
regards

Title: Re: vacant workplace,Does FSO apply?
Post by: K Lard on November 19, 2015, 02:23:26 PM

According to this document - Yes. Collected Perceived Insights Into and Application of The Regulatory Reform (Fire Safety) Order 2005 For the Benefit of Enforcing Authorities - see page 14 under 'Owner'

Title: Re: vacant workplace,Does FSO apply?
Post by: bevfs on November 19, 2015, 03:49:29 PM

thanks D
Is there any case law to back this up

regards

Title: Re: vacant workplace,Does FSO apply?
Post by: idlefire on November 19, 2015, 03:58:17 PM

YES, the Order does apply to your empty restaurant and no case law is required; it is a "premises" ("any place") by definition of Article 2 which is not dis-applied by Article 6.

Title: Re: vacant workplace,Does FSO apply?
Post by: idlefire on November 19, 2015, 04:04:46 PM

Quote from: K Lard on November 19, 2015, 02:23:26 PM

According to this document - Yes. Collected Perceived Insights Into and Application of The Regulatory Reform (Fire Safety) Order 2005 For the Benefit of Enforcing Authorities - see page 14 under 'Owner'

Does anybody have a copy of this document that they would be prepared to share with me please?

Title: Re: vacant workplace,Does FSO apply?
Post by: Fishy on November 19, 2015, 04:05:40 PM

In my view it most certainly does apply.  It fits within the definition of a Premises.  There may be 'relevant persons' on the premises (e.g. estate agents showing people round)?  There may be relevant persons off the premises (e.g. neighbours).  Fire-fighters may have to carry out their duties in the premises so there might be obligations under Regulations 37 and 38.  

You might argue that in an empty premises there is no fire risk to any occupants of that premises, but the Order requires you to cast your eye beyond the premises by including "...any person in the immediate vicinity of the premises who is at risk from a fire on the premises...".  You might even argue that with respect to neighbours etc an empty premises might be regarded as a higher risk in certain circumstances (arson & poor maintenance could be examples).

Not sure about case law (I'm no lawyer)!

Title: Re: vacant workplace,Does FSO apply?
Post by: Tom Sutton on November 19, 2015, 04:32:58 PM

Check out www.cfoa.org.uk/download/19059

Title: Re: vacant workplace,Does FSO apply?
Post by: idlefire on November 19, 2015, 04:42:28 PM

Quote from: Tom Sutton on November 19, 2015, 04:32:58 PM

Check out www.cfoa.org.uk/download/19059

Cheers Tom, much appreciated.  :)