Notice

Enforcement Notice In Force

Tees Valley Properties Ltd

Premises ID: E0500418

Premises Type: Purpose built flats (D)

Issue Date: 08/12/2023

Address: 21, Shaftesbury Street, Stockton-On-Tees TS18 3EL

Reason Issued:

Article 8 – Duty to take general fire precautions

  1. The responsible person must
    1. take such general fire precautions as will ensure, so far as is reasonably practicable, the safety of any of their employees; and
    2. in relation to relevant persons who are not their employees, take such general fire precautions as may reasonably be required in the circumstances of the case to ensure that the premises are safe

Legislation.gov.uk reference for Duty to take general fire precautions.

Article 9 – Risk Assessment

  1. The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order
  2. Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters set out in Part 1 of Schedule 1
  3. Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if
    1. there is reason to suspect that it is no longer valid; or
    2. there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions, and where changes to an assessment are required as a result of any such review, the responsible person must make them.
  4. The responsible person must not employ a young person unless he has, in relation to risks to young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).
  5. In making or reviewing the assessment, the responsible person who employs or is to employ a young person must take particular account of the matters set out in Part 2 of Schedule 1
  6. As soon as practicable after the assessment is made or reviewed, the responsible person must record the information prescribed by paragraph (7) where
    1. he employs five or more employees;
    2. a licence under an enactment is in force in relation to the premises; or
    3. an alterations notice requiring this is in force in relation to the premises.
  7. The prescribed information is
    1. the significant findings of the assessment, including the measures which have been or will be taken by the responsible person pursuant to this Order; and
    2. any group of persons identified by the assessment as being especially at risk.
  8. No new work activity involving a dangerous substance may commence unless
    1. the risk assessment has been made; and
    2. the measures required by or under this Order have been implemented.

Legislation.gov.uk reference for Risk Assessment.

Article 14 – Emergency routes and exits

  1. Where necessary in order to safeguard the safety of relevant persons, the responsible person must ensure that routes to emergency exits from premises and the exits themselves are kept clear at all times.
  2. The following requirements must be complied with in respect of premises where necessary (whether due to the features of the premises, the activity carried on there, any hazard present or any other relevant circumstances) in order to safeguard the safety of relevant persons
    1. emergency routes and exits must lead as directly as possible to a place of safety;
    2. in the event of danger, it must be possible for persons to evacuate the premises as quickly and as safely as possible;
    3. the number, distribution and dimensions of emergency routes and exits must be adequate having regard to the use, equipment and dimensions of the premises and the maximum number of persons who may be present there at any one time;
    4. emergency doors must open in the direction of escape;
    5. sliding or revolving doors must not be used for exits specifically intended as emergency exits;
    6. emergency doors must not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency;
    7. emergency routes and exits must be indicated by signs; and
    8. emergency routes and exits requiring illumination must be provided with emergency lighting of adequate intensity in the case of failure of their normal lighting

Legislation.gov.uk reference for Emergency routes and exits.

Article 17 – Maintenance

  1. 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
  2. Where the premises form part of a building, the responsible person may make arrangements with the occupier of any other premises forming part of the building for the purpose of ensuring that the requirements of paragraph (1) are met.
  3. Paragraph (2) applies even if the other premises are not premises to which this Order applies.
  4. The occupier of the other premises must co-operate with the responsible person for the purposes of paragraph (2).
  5. Where the occupier of the other premises is not also the owner of those premises, the references to the occupier in paragraphs (2) and (4) are to be taken to be references to both the occupier and the owner.
  6. Paragraph (1) only applies to facilities, equipment and devices provided under other enactments where they are provided in connection with general fire precautions.

Legislation.gov.uk reference for Maintenance.

Article 18 – Safety Assistance

  1. The responsible person must, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the preventive and protective measures.
  2. Where the responsible person appoints persons in accordance with paragraph (1), he must make arrangements for ensuring adequate co-operation between them.
  3. The responsible person must ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of the premises, the risks to which relevant persons are exposed and the distribution of those risks throughout the premises.
  4. The responsible person must ensure that
    1. any person appointed by him in accordance with paragraph (1) who is not in his employment
      1. is informed of the factors known by him to affect, or suspected by him of affecting, the safety of any other person who may be affected by the conduct of his undertaking; and
      2. has access to the information referred to in article 19(3); and
    2. any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is
      1. employed by him under a fixed-term contract of employment, or
      2. employed in an employment business, as is necessary to enable that person properly to carry out the function specified in that paragraph.
  5. A person is to be regarded as competent for the purposes of this article where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the preventive and protective measures.
  6. Paragraph (1) does not apply to a self-employed employer who is not in partnership with any other person, where he has sufficient training and experience or knowledge and other qualities properly to assist in undertaking the preventive and protective measures.
  7. Paragraph (1) does not apply to individuals who are employers and who are together carrying on business in partnership, where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities
    1. properly to undertake the preventive and protective measures; and
    2. properly to assist his fellow partners in undertaking those measures.
  8. Where there is a competent person in the responsible person’s employment, that person must be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.

Legislation.gov.uk reference for Safety Assistance.