............... However, I wonder how you get around the whole defintions bit, perhaps other have had experience in court of this. I can hear the barristers questions, "what type of dwelling did you recommend this system for"? No it is a commercial premises. Can you point out to me any paragraph in the document where it suggests that this system is usable in a commercial premises? No.
Isn't this the real reason why some consultants and some IOs code hug?
There is no case law, just a set of guidance notes and thousands of different/contrary points of view from various quarters, including perhaps (we are yet to find out) the legal community.
Hands up who wants to be first to test any part of the FSO via the courts and potentially end up with several chicken loads of egg on their face. A consultant may lose a customer (or two). A fire authority loses - well- some authority. Everyone takes a chance of losing bucket loads of ca$h.
Is it any wonder then that many in the industry are using the codes as PPE to protect themselves from legal flak?
I audited a building in the summer, which on the strength of my impending audit, the RP revised the FRA. The building was due to be demolished by this Xmas. The assessor did a great/thorough job, but took no notice that the building had weeks before being turned into dust. He recommended the replacement of a basement ceiling which had partially collapsed, to return the fire separation to 60 mins. I looked at the job and said I'd be happy if they extened their SD (1 head) into that part of the unused G floor to provide early warning to those in the three floors above.
My point is that the assessor should have proposed and justified this action - not me, the auditor. The new ceiling (which would be needed to be fixed onto soaking joists) would have cost thousands - my solution, a couple of hundred??. That was in June. I noticed on Monday that the building is now clad in scaffolding and will be down by November. I don't think the expense of a new ceiling for a few months was justifiable
It seems that many assessors and IOs are looking after their own backs rather really considering the whole picture and where necesary, justifying 'variations' from the code. It's not a competence or confidence issue, but merely one of survival!!