Welcome to the PCCE Advice Page. This will be updated regularly with items we feel are of interest and queries we have replied to from 'past-pupils' on the telephone. We need to point out that our opinions have no legal standing. They are simply our opinions and take them or leave them as you wish.
1It is a criminal offence to state that your building is protected to a specific FDAS Category of protection if the installation is, in fact, installed or commissioned to a lower level of protection.
2The Fire Safety Certificate (FSC) application states the FDAS Category of protection that was decided for your building. The actual FSC issued on foot of this application id the minimum protection level by law – unless a further FSC application has been made and granted.
3Health and safety Legislation and the Fire Services Act require that your building is provided with adequate protection against Fire. Failure to comply could lead to criminal prosecution.
4Health and safety Legislation and the Fire Services Act require that your building is provided with adequate protection against loss of electrical power. Failure to comply could lead to criminal prosecution.
5An employer is obliged under law to have his/her workplace safe for staff and other users. Failure to do so could lead to criminal prosecution.An employer is obliged under law to have his/her workplace safe for staff and other users. Failure to do so could lead to criminal prosecution.
6Responsibility for facility safety puts a legal onus ,with prosecution possibility for failure to do so, on ALL User staff. It is not only the legal entity (Company; sole trader; etc) who bears this responsibility. ALL parties are potentially subject for prosecution.
7A very onerous – and perhaps unfair – legal requirement is that the Client is the party that is ultimately responsible for determining the competence of all parties contracted to carry out works relating to Life Safety projects and where compliance with Safety Health & Welfare at Work (SHWW) Legislation is applicable. This responsibility and by extension, the legal exposure for inadequate compliance in this regard lies both at corporate and individual level.
8Ignorance of the law is never acceptable as a legal defence.
9Having a bit of paper that seems to pass the responsibility to someone else is worthless. The Client/User has ultimate statutory responsibility.
10Frank Pierce and I play ‘spot the FDAS error’ everywhere we go. We have VERY RARELY NOT seen an error – or large number of errors.