Smoking in Caretaker's flat inside a school building

[Fire Monkey]

Hello,

Can any one clarify please if the smoking regulations impact on smoking in side a caretakers flat that is located inside a school building? If this flat considered a private premises and therefore the regs don't apply or is it part of a non residential premises as far as the order is concerned.

In terms of fire safety how does this flat fit in within the total assessment of the school - does it have to be part of the assessment or a consideration of the assessment? What is there are compartmentalisation concerns that affect the means of escape out side of the flat - what legislation does this fall under - the FSO or the Housing Act?

I need to be clear on any Action Points from the assessment are given the correct classification i.e  what must take place or be done OR what would be advisable to be done.

As usual your thoughts an questions would be gratefully appreciated?

Regards,

Monkey.

[JasonT]

Hi

It would be best to check with the School, they will be the owners of the property and no doubt will have a blanket smoking ban to all their buildings and grounds, It would also be useful to ask for a copy of the tenancy agreement to see if there is anything about smoking?.

I used to work for a local authority and this was the case, the caretaker had to leave the premises to have a smoke and had to go to the rear of his property as the front was school facing.

The building was also included as part of the fire risk assessment as it was classed as a commercial property and part of the school portfolio, for example the building was covered under the council insurance policy but not the personal contents as they belonged to the caretaker. In short the school are providing the building as part of their work.

In terms of Legislation I would say FSO.

Regards
Jason

[JT]

Caretakers flat will usually be his main point of residence and considered a private dwelling. Therefore housing act 2004 - no FRA required within the private dwelling, just MOE and AFD to consider.

[SeaBass]

Rule of thumb: If the care taker controls who has a front door key and the flat is a single house hold, it falls outside the FSO 2005. If the flat is used by the wider caretaking staff (even if  there?s only one of them) for storage, welfare, or any other work activity  then it falls within the FSO 2005.

[Fire Monkey]

Thanks guys. But what about the responsibility of the school to secure the means of escape (early warning, compartmentalisation, emergency lighting and so on) in the staircases and corridors leading to a final exit. Are they then obliged to ensure these are to the required specification under the FSO?

My concern would be an inability to escape though a commercial building.

[Tom Sutton]

If the means of escape from the flat, has to be through the school, would it not be a common area and subject to the FSO?

[Messy]

If the means of escape from the flat, has to be through the school, would it not be a common area and subject to the FSO?

I agree with Tom. This situation applies in quite a few pubs and other buildings where staff accommodation is provided. FSO applies from the front door to the final exit

[JT]

As stated above the means of escape would come under the FSO and is the responsibility of the school. So usually 60 minutes imperforate fire resisting construction or 30 and interlinked AFD. Emergency lighting & signage etc where appropriate in the common parts.
Although not under the FSO and no fra is required, it would be prudent to check the caretakers accommodation. From experience with pub dwellings they tend to need improvements due to horrendous layouts (inner inner inner rooms, kitchens as access rooms) coupled with the same footprint as the pub so not a typical home size.

I would caveat your fra with caretakers accommodation assessed for means of escape and AFD only, but add in good will advice/recommendations.

[idlefire]

As stated above the means of escape would come under the FSO and is the responsibility of the school. So usually 60 minutes imperforate fire resisting construction or 30 and interlinked AFD. Emergency lighting & signage etc where appropriate in the common parts.
Although not under the FSO and no fra is required, it would be prudent to check the caretakers accommodation. From experience with pub dwellings they tend to need improvements due to horrendous layouts (inner inner inner rooms, kitchens as access rooms) coupled with the same footprint as the pub so not a typical home size.

I would caveat your fra with caretakers accommodation assessed for means of escape and AFD only, but add in good will advice/recommendations.

What if the flat was fitted with window escapes and no floor level exceeded 4.5m above ground level?

[JT]

You should always seek to achieve a protected internal moe before looking at window escape. But yes, if not reasonably practicable, window escape would be an option for a private dwelling.