Local Acts for storage buildings

[kurnal]

Does anybody know of a definitive list of local enactments that impose controls on the size of storage buildings such as the Leicester Act 1985 Section 53(6), the Manchester Act, the Berkshire Act etc?

I cannot seem to find a list of all enactments on the DCLG website or anywhere else. Theres a whole list of local acts  in the Regulatory Impact assessment of the RRO but I cant find out which or how many have this section, which applies additional controls to storage buildings in excess of 7000 sq m- very small buildings in todays terms.

[wee brian]

Theres a list of Local Acts that cover fire safety in the procedural guide.

Or you can trawl through the BRE study on Local Acts at www.bre.co.uk/adb

[kurnal]

The last government commissioned a survey to see if people thought the local enactments should be reviewed. Does anybody know if anything came of it?

[kurnal]

Does anyone have a view on the following scenario please?

1980 a building comprising a largish two bay industrial building is erected in England. Each half is about 8000 sq m and 12m high. One half is occupied by company A as a warehouse and the other half by a seperate company B as a factory. There is a blockwork compartment wall between the two.
As there is a local enactment in place imposing requirements on storage buildings over 7000 cu m , the Warehouse occupied by company A has sprinklers and ventilation installed.

1995 Company B goes bust and company A takes over their side of the building and without applying for change of use or Building Regs approval they knock down the compartment wall and extend into it using it for storage. They now have a large warehouse of 18000 sq m half of which is sprinklered and ventilated and half is not. But they get away with it till going bust in 2008. Building lies empty for 2 years.

2010 Company C buys the building and wants to use it as a warehouse for metal car spares in cardboard boxes on palletised racking system. No changes apart from the installation of free standing racking.

Clearly its unsatisfactory  and really problematic having half sprinklered and half ventilated.

Does Company C have to apply for change of use after all these years ( Planning Act appears to have a limit of 10 years?)
Does Company C have to apply for regularisation under Building Regs after all these years?
If the answer to the forgoing is no, can the local enactment be enforced?  (eg Sect 65 of the Greater Manchester Act or Section 53 of the Leicestershire Act?)
Under the Fire Safety Order sprinklers and ventilation would not be seen as necessary (other than for the requirement to maintain that which is already there under article 38).

Any observations would be greatly appreciated.

[Clevelandfire 3]

Observations

Company C should apply for change of use (but probably wont)

Planning nor building control probably wont take any action (even if the know about the situation)

Im sorry that probably sounds sceptical. But unfortunately its the truth. Buildling control and planning departments are often toothless tigers.

Just one question though. Why do you say the RRO wouldnt ask for these provisions?

[kurnal]

Hi Cleveland
I say that because if it was built today anywhere in the country (other than where a local enactment is in place) it would be fully compliant with the curent ADB without sprinklers or ventilation at all.

The local enactment covering storage buildings is for the safety of firefighters and firefighters are not relevant persons under the Fire Safety Order.

As the building is fully compliant with the ADB it is difficult to argue that without these provisions firefighters may be unable to rescue relevant persons.

However I have probably found my own answer, have been reading one of the local enactments and found a clause which gives the Local Authority powers to act if they discover a premises that has been brought into use without an application having been made. 

Not looking forward to breaking this news to the RP who was only expecting a straightforward fire risk assessment on his newly acquired warehouse.

[Dinnertime Dave]

Difficult yes, but I might try -

Putting a little political pressure on the local authority through the fire authority elected members.

Pointing out that BS recommends that where a building is sprinklered all areas of that building or communicating building shall be sprinklered.

Asking if their insurance company are happy with the situation.

[Davo]

Prof

You sure know how to pick 'em

Suggest you stick to the RRO but drop the suggestions on the last page

davo

[kurnal]

Hi DD
Yes he told me checked with the insurers on acquisition and they  did not have a problem. The system was drained down whilst the building was unnocupied and has not been recommissioned. I found it empty. They are aware of this. But since it only covers half the building theres little point in recommissioning it as it stands. To me its a no brainer - the expensive infrastructure, pumps and tanks are all inplace it just needs a couple of new extra alarm valves and a bit of pipework but the RP is worried about the vulnerability of the in rack heads that would be needed for his rack storage system.

Davo
Yes I will do just that. But I know what comes next-  "Help me find a way out of this mess if you can" and I find it hard to defend this lottery of local enactments. He has innocently walked into a rats nest and should have been better advised. If he had bought a shed a couple of miles down the road none of this would be required.

[Davo]

Hi Prof

How high is the racking, are they bolted together, fastened to the wall?
I presume FLts being used.


Sources of ignition? You seem happy that the risk of fire is low.


Here's a link to Stautory Instruments if you need to check a particular one


http://www.legislation.gov.uk/

davo

[kurnal]

Thats a brilliant link thanks Davo.

Yes the warehouse is to be totally conventional 9m high back to back self supporting ST5 racking system with man up FLTs.

[BCO]

Kurnal,
Sounds like a can of worms, however not one that is uncommon in areas with local acts. I have come across several similar examples.

You asked about building control regularisation, the new owners could apply for a regularisation to ‘regularise the works’ however you have stated that it is fully compliant with the B regs so not much point. If it was un-compliant then the local authority has a 12 month window from ‘offence’ to enforce. Beyond the 12 month the only remedy is an injunction. Which can be taken out at any time after the contravention if the offence is serious enough, i.e. life threatening. However this method of enforcement is very rarely used. Anyway your client complies with the B regs so no need to worry.

In terms of local acts it is worth noting that they are generally enforced by the local authority and not the fire authority. Most Local Acts ask for monitored fire alarm, 100% perimeter access, suppression and roof ventilation when storage is above 7000m3… all very nice if it was consistently applied across the country. However it is not and that is why it is wrong. Many fire authorities recognise this and in many instances take a more pragmatic approach.

I am aware of several instances where Fire Authorities have agreed not to request the enforcement of the LA by the Local Authority (in storage buildings with no suppression or ventilation) on the condition they are satisfied that 1) ‘normal’ ADB type fire safety provisions are in place and people can escape safely and in time before untenable conditions occur 2) an assessment of the fire load, time to untenable conditions and time to flashover has been calculated and made available to them.
With this information the fire authority are able to establish the best course of action for tackling a fire at that premises. I.e. not to enter. I am also aware that in these instances the Fire Authority has made it very clear to the building owner that they won't enter the building in the event of a substantial fire. (Expected) 
The owners are usually satisfied as they haven’t had to spend the money. If a fire does occur the Fire Authority (and the RA) can say we told you so.
Maybe you could try this approach for your client?

[kurnal]

Thats really useful advice BCO many thanks.