Ah! The old "where necessary" chestnut.
“Where necessary”
27. The European Workplace Directive (89/654/EEC), in the preliminary note (paragraph 1)
to the Annex, states that:
“the obligations laid down in this Annex apply whenever required by the features of
the workplace, the activity, the circumstances or a hazard.”
28. This is implemented in the Order by use of the term “where necessary”, and that
expression should be construed accordingly.
29. The Order requires that fire precautions (such as fire fighting equipment, fire detection
and warning, conditions relating to emergency routes and exits) should be provided
(and maintained) “where necessary”.
30. This means that the fire precautions provided (and maintained) by the responsible
person are those needed to reasonably protect relevant persons from risks to them in
case of fire. This is determined by the findings of a fire risk assessment, including the
preventative measures which have or will be taken. In practice, it is very unlikely that
a properly conducted fire risk assessment, which takes into account all the matters
relevant for the safety of persons in case of fi re, will conclude that no fire precautions
(including maintenance) are necessary.
So what does "where necessary" mean?
If a premises has a "no fire fighting" policy does that mean extinguishers are not necessary?
Or does it mean that fire fighting equipment is required and the ones necessary, due the size, risk, etc, should be provided?
Depends whether you are selling or buying.