what better ways do you have in mind? and which of those choices would prefer to see used?
What about Article 11 Fire Safety Arrangements:
11. —(1) The responsible person must make and give effect to such arrangements as are appropriate, having regard to the size of his undertaking and the nature of its activities, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.
The words that interest me here are MUST, CONTROL, EFFECTIVE and PROTECTIVE MEASURES
As I stated earlier in the thread, if you have some evidence that Relevant Persons aren't responding to the fire alarm signal due to excessive false alarms occuring with the system (crews turning up and the premises not being evacuated, maybe a previous academic investigation into the problem if one has been carried out) would you have grounds for saying that they MUST CONTROL the false alarms to ensure that their PROTECTIVE MEASURES (in this case the fire alarm system) are EFFECTIVE? I think you probably could.
What about Article 15 Procedures for Serious and Imminent Danger and for Danger Areas:
The responsible person must—
(a) establish and, where necessary, give effect to appropriate procedures, including safety drills, to be followed in the event of serious and imminent danger to relevant persons;
Again, if Relevant Persons aren't responding to the fire alarm, can the Responsible Person be said to be 'Giving Effect' to appropriate procedures? I think the answer could be 'no they are not'.
Or even Article 23 General Duties of Employees at Work:
Every employee must, while at work—
(a) take reasonable care for the safety of himself and of other relevant persons who may be affected by his acts or omissions at work;
If they are not responding to the fire alarm then are they taking care of themselves and other relevant persons (escpecially where they have been nominated for Safety Assistance under Article 18 or have been nominated to carry out evacuation under Article 15(1)(b) or have been nominated to carry out fire-fighting under Article 13(3)(b))?
I appreciate that this is probably not targetting the Responsible Person directly (although they may have nominated themselves to carry out the Safety Assistance role) but it may push them into getting the problem sorted out. Maybe starting to clutch at straws with this one!
I appreciate that none of the above may be the perfect solution or even applicable, but personally I would feel on safer ground trying to address it using the above methods (escpecially the first one) than through Article 17 Maintenance.
Again these are my personal opinions, they may be misguided, and they will probably be the last contributions I have to make regarding this matter (probably)!