Business inside another business.

[stephen1974]

We are about to open a unit inside an existing building and I could do with some guidance on where responsibilities lie. Anyone know what reference material will be best to look up. I have a bunch and will start to go through it but obviously there is a lot of stuff out there so any finger pointing to the right areas will be useful.

Who would have ultimate legal responsibility for the building safety. The main owner/operator, or ourselves for our section only?

I can see some issues of additional emergency exits, emergency lighting, call points popping up, as well as statutory inspections. I'm thinking if we need additional things we would be responsible for paying for it all, however, the statuatory inspections would be down to them as part of their overal system.

Whilst its not a problem to double up on inspections (weekly internal not yearly external) who would be responsible for lets say, fire doors in a shared wall?
Can we rely on their records or should we keep our own? Example, we cant test our call points unless they give us operational access to their fire panel, we cant test emergency lights without testing theirs as well. If we got a fire inspection, would we be expected to have our own records or could we just point in the general direction of the other operators?

[kevin18]

Hi, I believe the responsibility varies depending on who owns the building, if they occupy it etc.

In your instance I think you would be responsible for your area and the things under your control, things like FRA'S would lie with the owners and you have an obligation to comply and work with them.

[Messy]

Multiple occupances are not rare. There are zillions of em.

Assuming you are in England or Wales, Article 22 says that where there is more than 1 responsible person, they must cooperate and coordinate (Article 22)

It sounds like you might be the tenant and perhaps the smaller unit. In that case, your RP is responsible for the FRA in your demise and for establishing an emergency plans and various systems such as maintenance.

The FRA should also assess any shared spaces including escape routes, shared kitchens and loos. So the other RP must provide access for yiur FRA to take place. You should both share your significant findings with each other

You should enter into an agreement with the other RP in relation to checks, testing and maintenance. Records could be copied and shared with you or system established where they email the results of the test.

I would get this agreement written down and passed thru your solicitors. You should include a review clause and another to make consultation a requirement before any change in the agreement.

Be sure to include provision to guarantee a means of escape 24/7. This is important if they reduce their hours or yours do not match theirs. If this happened without an agreement, any notice would be served on your RP as it's him who needs to maintain a safe means of escape.

Your emergency plan should be shared and dovetail into theirs.

With willing and motivated managers it isn't difficult. Good luck and do let us know how you get on

[stephen1974]

Thanks Messy, pretty much what I thought.

Spoke with their Health and Safety guy today, They will look after all maintenance, inspecting and testing of fire alarms, call points, emergency lighting, We will look after fire fighting equipment, fire doors, signage, escape routes. Records will be made available to us.
We've also arranged to do joint fire drills.

[Messy]

Sounds like you are on the right path but do write it all up properly as mates can fall out !!!