Fire Safety Order Article 31(10)

[BB]

Trying to get my head round Article 31(10). Where it mentions premises including domestic premises other than consisiting of a house occupied as single private dwelling.

My example a takeaway shop with the private living accommodation above on 1st & 2nd floors for the shop owners and is all under the same ownership.

The means of escape discharge direcetly into the shop with no alternative means of escape therefore

Q.1 Can we restrict or prohibit  the living accommodation under Artilce 31 (10) and 31(3)(c) until matters are retified whilst the shop is trading.

Q.2 When the shop is closed for business is the whole of the premises then thier own private dwelling (if all hazards risks are reduced/eleminated i.e. frying ranges swirtched and cool etc within the shop)

Do we still have powers to enforce under 31 (10)

Tricky one me thinks!! What are your opinions

[jokar]

Q1 Yes
Q2 The fire hazards and the fire risk are within the shop and the ignition sources and fire loading will continue to affect the means of escape from the domestic premises.

YES

NO JUST APPLY THE PRINCIPLES OF THE ORDER AND RESTRICT THE USE OF THE UPPER FLOORS UNTIL A PROPER ESCAPE ROUTE IS PROVIDED TO PROTECT THOSE ON THE UPPER FLOORS. (Ignore the Caps, I put caps lock on and cannot be bothered to retype it)

[BB]

Thanks jokar for you r views they were most helpful.

just to clarify you are saying that when the shop is closed you can still apply the order 31 (10) due to fire loading , risk etc within the shop effecting the MOE from upper floors.

[PhilB]

A private shop with living accommodation above is not a premises consisting of or comprised in a house occupied as a single private dwelling so yes the use can be prohibited or restricted.

The only places that cannot be touched are single private dwellings located in houses.

The key words are house and single private dwelling(SPD).  Yes it is a SPD but the SPD does not consist of and is not comprised in a house, it is comprised in a flat above a shop.

The enforcing authority can restrict or prohibit the use regardless of whether or not the shop is open.


.........and you have power of entry for that purpose, but this is the only time that you can enter domestic  premises. (Please note Mr Clevelandfire)

[BB]

Thanks for the reply Phil

As always you come up with the goods and a simple and clear explaination.