FSO and tenants

[Argyle]

Advice required. In a sheleterd housing block fitted with a fire alarm , all of the flat entrance doors are up to standard and fitted with self closers etc. One of the residents due to her physical limitations has found it difficult to open her front door due to the self closer being to robust for her. After many discussion it was decided to fit an electronically connected free swing self closer to her door. All was well , until it has become apparent that the door does not close upon activation of the fire alarm !. Upon investigation it appears she has pursuaded the electritian not to connect the relay as she claims - when in the operable position she cannot open the door.

My question is - has she commited an offence under the RRO? (article 32)
Has the electritian commited an offence by not informing us that it was not connected ?

[kurnal]

Offences of this nature are only committed when relevant persons are placed at serious risk in case of fire, which is likely to arise, in accordance with the wording of the Article. As such unless there was a fire in her flat you would have all on proving this is the case. Same goes for the electrician and above all the RP for the communal areas who should have had a handle on this.

Suitable fixes include 30 Newton  self closing device rather tha the standard 80 Newton or a swing free self closer with dedicated detectors on either side of her door installed in accordance with BS 7273-4

[Phoenix]

There might be a serious risk to relevant persons in the case of a fire in her flat with the front door left open.  However, not many people do anything other than keep their front doors shut all the time so the resident would have a good defence by confirming that, in fact, she always keeps her front door shut.  Then, the only serious risk to relevant persons involves her having a fire and leaving her door open.  Well, that is possible, anything is possible, but you have to think about the arguments in court over whether this is reasonably foreseeable.  And if it is not reasonably foreseeable then there has been no serious risk to relevant persons over and above the risk that would exist if a self-closing device were fitted to her front door.

As for the electrician, he could have a good defence in stating that he was simply following instructions and that he has not been given sufficient information about the fire strategy in the building to enable him to determine whether or not the works he had been assigned comply with that fire strategy.  It is easy for him to sidestep responsibility.