Graham Hickey wrote:You say Monty that "a defensible case could be made for replacing like with like" - is this your opinion or is it the actual legislation? Thanks
Its my opinion and I would like to make clear that I was talking about a specific type of window â€“ the vertical slider. A like for like replacement of the top-hung casements in the photos would not be defensible.
The only legislation is Part B1 of the second schedule to the Building Regulations 1997;
â€œA building shall be so designed and constructed that there are adequate means of escape in case of fire from the building to a place of safety outside the building, capable of being safely and effectively used.â€ Everything else in the Technical Guidance Document is what is says on the label, guidance.
In the case of existing buildings TGD B states; â€œIn the case of material alterations or changes of use of existing buildings, the adoption of the guidance in this document without modification may not, in all circumstances, be appropriate. In particular, the adherence to guidance including codes, standards or technical specifications, intended for application to new work may be unduly restrictive or impracticable. Buildings of architectural or historical interest are especially likely to give rise to such circumstances. In these situations, alternative approaches based on the principles contained in the document may be more relevant and should be considered.â€
In addition to the previously mentioned general safety requirement there is also the precautionary principle to consider, â€œWhere there is uncertainty as to the existence or extent of risks of serious or irreversible damage to the environment, or injury to human health, adequate protective measures must be taken without having to wait until the reality and seriousness of those risks become fully apparent.â€
Although the guidance provides for alternative approaches it is obvious that these should be based on fundamental fire engineering principles. Anything less then that then the person responsible for installing the window would have problems in the event of a fire related fatality.
Iâ€™ll make some enquiries and see what I can come up with. There was certainly one case going through the courts here last year that would have been pertinent.
Is mise le meas,