Article 17

[BB]

Can anybody give a more definitive description on Article 17 - maintenance  (& 38) when it refers to the following terms:

17.—(l) Where necessary in order to safeguard the safety of relevant persons the responsible
person must ensure that the premises and any facilities, equipment and devices provided in respect
of the premises under this Order or, subject to paragraph (6), under any other enactment, including
any enactment repealed or revoked by this Order, are subject to a suitable system of maintenance
and are maintained in an efficient state, in efficient working order and in good repair.

my view is
Efficient state - that is is tested and maintained as and when required.

Efficient order - that the call points and smoke detectors are not hanging off the wall/ceiling

Good working order - it does exactly what is says on the tin. The alarm will actuate upon the detection of smoke to the detector head.

Any takers on views please.

[AnthonyB]

That sounds about right - why exactly are you asking though?

Is it to try and justify a regime not in accordance with British Standard recommendations?

If so, then it is worth noting that although BS are not law and that in various circumstances it is possible to justify in FRAs a different approach, that several enforcing bodies are using the BS intervals as benchmark minimums in enforcement notices and that these levels are being backed up by case law from the resulting prosecutions.

I'm not saying it is wrong to use non BS service intervals or specifications (I often ignore BS5306-8 in smaller premises where the 26A minimum is OTT), just it must be done with great care.

[CivvyFSO]

From Guidance Note No. 1:

Article 17 – Maintenance

83. The responsible person must ensure, where necessary in order to safeguard the safety
of relevant persons, that the fi re precautions are maintained in good working order
(see also article 38, about protection of fi re-fi ghters). This includes any facilities
which have been provided under Building Regulations, the Housing Act 2004 or other
legislation such as local Acts; and including any enactment repealed or revoked by
the Order. Risk assessments, as required by article 9, should include references to
maintenance. Enforcing authorities must consider the suitability and suffi ciency of any
risk assessment that does not address the matter of maintenance where there is the
possibility of persons other than the employer/occupier being capable of omissions
affecting and negating the effectiveness of the fi re precautions. It is suggested that
in such instances enforcing authorities could reasonably expect that any contract or
tenancy agreement would contain such clauses that would enable the responsible
person to show that acts or omissions which cause the effectiveness of fi re precautions
to be negated, and which place relevant persons at risk, may result in criminal liability.

84. The responsible person(s) for parts of the premises to which the Order applies may
make arrangements with the occupier of parts to which the Order does not apply
(e.g. domestic accommodation) for the purposes of ensuring the maintenance
requirements of the Order are met. This applies to HMOs and purpose-built fl ats.

85. Occupiers of private domestic premises in such buildings are required to co-operate
with the responsible person where the latter needs to maintain a common fi re
precaution. Although no direct offence is associated with a failure by the occupier of
private domestic premises to co-operate with a landlord etc, any contract/agreement
(whether in terms of a lease, tenancy or licence agreement) should allow access to the
responsible person to enable him to maintain any fi re safety provisions extending from
the common parts to the domestic premises.

86. Enforcing authorities are expected to enforce the duties and in doing so seek
appropriate evidence that where fi re precautions extend beyond parts of premises to
which the Order applies, arrangements are in place for those common precautions to
be maintained.

87. Enforcing authorities are expected to use their professional judgement in evaluating
the maintenance of any equipment and devices provided in accordance with the risk
assessment to protect all relevant persons in and around the premises from the dangers
of fi re, eg fi re extinguishers, fi re suppression systems, alarm systems and emergency
lighting. Enforcing authorities should be aware that there may be more than one
responsible person who has duties to maintain premises and any facilities, equipment
and devices provided in respect of the premises covered under this Order

[CivvyFSO]

And from an enforcers point of view, if you want to deviate from the BS (which we do us as the benchmark/standard for relative devices, i.e. BS5839 for fire alarms), get it in your risk assessment with good sound reasoning behind the decision.

[Clevelandfire 3]

CivvyFSo for prime minister