Author Topic: Residential/Trust occupied  (Read 5325 times)

Offline gor810

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Residential/Trust occupied
« on: March 19, 2017, 12:40:06 AM »
Good Evening colleagues

I have been presented with a situation which has me stumped. Hands up, I am stumped and need guidance.

A Trust have purchased  two domestic flats in a four storey residential block. The building in which the flats are located was formerly used by the Press and is of substantial construction having accommodated some very heavy printing equipment and machinery. A steel framed building with concrete walls and floors.

The two flats purchased by the Trust are at ground and first floor levels in the block. A common stairway enclosure serves all floors and also has a lift. Access to the respective flats is available at both ground and first floor levels direct from the stairway enclosure as you would expect.

However the flats are linked internally by a steel spiral stairway. So it is possible to enter one flat at one level and leave the premises at a different level. You will still end up of course in the common protected stairway enclosure. No issues so far.I am aware that because the flats are internally linked that they are actually now one larger premises but for the purposes of explanation I will refer to them as individual flats.

My dilemma is that one self employed person who works for the Trust occupies the premises as their private dwelling and whilst they sleep in the lower flat, they cook and bathe in the upper flat. They do not confine their domestic activities to any particular floor is what I am pointing out.

The Trust are involved in Meditation and up to 16 relevant persons can attend at the premises for meetings in a meeting room at first floor level. In addition a bedroom in the ground floor flat is used for meditation where persons lie on mattresses on the floor and go into a trance like state of relaxation. Much as you are probably doing having read this far.

Both ground and first floor flats have a large open plan living room area with two bedrooms each. The upper flat having a bathroom.

I have a situation where a premises is being used as a dwelling, by a self-employed person who works for a Trust. The Trust offers education in meditation in the premises and spreads its activities between the ground and first floors. The resident also spreads their activities of normal everyday living over both floors.

Both ground and first floor flats are equipped with hard wired automatic detection and the common stairway enclosure also.

Can anyone (if you still have the will to live having read this far) offer any guidance (constructive guidance gentlemen) on what kind of standard of fire safety measures I should apply in this instance?

Should I, for example, inform the Trust that if they wish to run this as a business then they should confine their activities to one particular floor level in the premises (Ground floor) where the spiral inter connecting stairway is separated by a door from first floor level and this part of the premises could be upgraded as required to accommodate their business. Move the meeting room downstairs and the self-employed person's bedroom upstairs?

I would be grateful for any advice, guidance or recommendations (within reason)as to how I may best approach this issue.

Thankyou in anticipation of some assistance.




  

Offline nearlythere

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Re: Residential/Trust occupied
« Reply #1 on: March 19, 2017, 03:10:18 PM »
This seems to be a place of public assembly with private dwellings. Has it been approved by Building Control for its change of purpose group?
We're not Brazil we're Northern Ireland.

Offline Fire Monkey

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Re: Residential/Trust occupied
« Reply #2 on: March 20, 2017, 03:05:50 PM »
What is the fire stagey for the rest of the building - stay put?

Is there compartmentalisation between the floors that allows a means of escape - e.g. corridor fire door from bedroom to door to stairwell?

Does the FRA for the building mention provide any useful information?

What happened to the other bath room?

You mention hard wired detection - it this just main powered domestic or a full fire alarm system? It the detection in the stairwell the same system and are the detectors interconnected?

Why are the two floors used as they are - can the lower flat be used as a private dwelling and the top flat as a place of assembly/business? Is it essential they thwo flats are interconnected by this integral staircase? Was the stair case installed as a result of the recent purpose or was it in situ before?

Offline wee brian

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Re: Residential/Trust occupied
« Reply #3 on: March 20, 2017, 03:32:31 PM »
There's nothing in law that prohibits people working in their own home - Millions do it.

I can see this is a messy case but it needs to be considered systematically.



Offline gor810

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Re: Residential/Trust occupied
« Reply #4 on: April 01, 2017, 10:00:19 PM »
Thankyou to all for your inputs on this matter.

Bottom line is that they should not be using the business registered address and premises as a dwelling.

I have provided a letter to the effect that in the present circumstances I am unable to effectively undertake a fire risk assessment of the premises because I am unable to establish domestic from non-domestic. If the premises were to revert to purely a business use then the task would be easier.

Offline wee brian

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Re: Residential/Trust occupied
« Reply #5 on: April 03, 2017, 09:40:19 AM »
So all those work from home types are all breaking the law then?

Offline Tom Sutton

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Re: Residential/Trust occupied
« Reply #6 on: April 03, 2017, 10:13:14 AM »
WB my understanding is, if the premises is primarily a domestic dwelling (back room used as an office) then it is exempt from the RR(FS)O. If the greater part of the premises in used for non domestic purposes then that part is subject to the RR(FS)O, remembering the persons in the domestic premises are relevant persons.
All my responses only apply to England and Wales and they are an overview of the subject, hopefully it will point you in the right direction and always treat with caution.

Offline Bruce89

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Re: Residential/Trust occupied
« Reply #7 on: April 03, 2017, 08:51:21 PM »
Don't forget the type of premises e.g. House, flat etc. has a bearing as to whether the full FSO applies or just art 31. So for example a room within a flat was used as an office, art 31 (alone) still applies to the whole flat whereas the same situation in a single private dwelling house would be outside of the entire FSO.