When it comes to things we are all fans of, I wouldn’t put rules and regulations up there. About as grey as you can get in terms of a conversation subject. But, we have them, and they’re there for good reasons. So we’re told.
I’m not a huge flag waver for red tape, however one rule that I don’t think is enforced anywhere near enough in the window and door industry is the fire escape rule. It’s a fairly straightforward one, yet, I see evidence of some many installers paying no attention to it is scares me. We have all seen the utterly horrendous consequences that flouting fire safety can result in last year. And if we’re going to tighten up on rules, I want this one to be the first one.
The rule
Correct me if I’m wrong, but this is as I understand it:
- all upstairs habitable rooms must have some form of fire escape window i.e. side opening 90 degree opener
- minimum opening area of 450mm x 450mm
- you can’t install new windows which remove a fire escape i.e. a bedroom with a 90 degree side opener cannot be replaced solely with small top openers
As far as I understand it, you can copy a “bad design”, i.e. you can replace like for like in bedrooms design wise, you just can’t make the access situation even worse.
So, fairly easy rule to follow you would think. Seems not.
I was pointed to an installation the other day as I was sitting my own lead at a home owner’s property. She told me that the house over the road has had a house full of small top opening windows installed when the previous windows were side opening. OK downstairs so long as the ventilation law is satisfied, but definitely not OK on the fire escape front. I explained to her that I would not be suggesting those types of windows for her home.
Now, either the the company and sales person for that job is just plain stupid and doesn’t know the rules anywhere well enough. Or, they do know them, and have decided to ignore them because the customer wanted that type of window and it was easier for them to say yes to get the order. If the latter is true that’s about as bad as it gets.
This isn’t the first time I have seen this. A few years ago I pulled up to a home for my appointment, and across from me was another window company taking out a house full of tilt and turn windows in a terraced house, and putting back top opening windows. This was a terraced house, where most windows were about 1800mm high. These top openers only had a drop of about 400mm. I could not believe what I was seeing. If there was a fire, how are those people going to get out? With the old tilt and turns they could have opened nearly the whole thing up and jump straight out. I don’t care who you are but you’re not getting out of a tiny top opener if there’s a fire. Shame on the company who was prepared to sell the home owner those types of windows.
Case for manslaughter if the worst was to ever happen there?
No teeth
Here’s my issue: there’s nothing the industry can do to police this. We cannot rely on our industry to police itself. There are some good people and companies out there. But there’s also a healthy number of rogues and rotten companies happy to flout the rules for a sale. Why are they happy to do that? Because they know that the chances of them being caught are about one in a hundred. There is simply no effective deterrent to stop them from shirking their responsibilities.
For example, an installer registered with FENSA will only get spot-checked a few times per year. Three I think is the number. If a regular sizes installer installs 300 jobs per year, that is just one percent of that installer’s work that is going to be checked for compliance. Faced with those numbers, plenty of installers will be happy to flout all sorts of rules and regulations, knowing full well that the chances of being caught are stacked firmly in their favour.
I remember last year, as the tragedy that was Grenfell played out on TV, I thought to myself that perhaps now, after this disaster was broadcast live in front of us, that home owners and companies would start to take fire safety more seriously. I also remember hoping that it would be a permanent shift in priorities and not just temporary due to the tragedy. I fear that it is the latter.
For us at our place, we won’t quote a job without doing it in the right way. I remember walking out of a house after telling a stubborn old man that the windows he wanted in his home would be illegal and that he needs fire escape ones upstairs. He wasn’t having any of it so I bid him good day and said that we wouldn’t be quoting him. There was no way I would with good conscience sell him windows that we knew would trap him indoors should there be a fire in his bedroom.
The problem is, the next company to come in after me might have been happy to sell him what he wants and walk away with a deposit without a thought.
Are we really going to forget the urgency about fire safety after last year so quickly? Are there any tools out there which can enforce the rules properly and regularly?
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Hi there, Another really interesting and though provoking article. Could I just ask about the minimum of 450 x 450? In my head I have a minimum square metre figure of 0.33m2 with a minimum clear opening width of the 450mm, so we’ve always based the height of such a casement on 900mm to achieve it safely. Is this still the case or is it just the 450mm either way? It’s all overruled by the “cant make it any worse” to a degree but I would agree that I too would walk away if common sense isn’t a factor vs… Read more »
Hi Nick, Regulation is 450mm clear opening in width and 735mm in height which is where the 0.33 comes from but again not to be made worse than the window we are replacing as you say.
Interesting common theme on other comments below, many of us have reported but no action taken by bodies so I assume UKAS will now take to task as already looking at CPS ! Garry
So a debate, I believe the opening of 450mm can be width or height. But if the height is 450mm, then the width needs to make the opening 0.33sq m.
Hello Mark, Yes the Building Regulations allow 450 in height of escape window, just where you measure to is open to debate as regulation say on angle rather than straight through and if changing from side opening to top hung will be worse. Far safer to have escape plan and wired smoke alarms. Regards Garry
Hi Nick, The minimum height comes into play on sliding sash where the width tends to be greater than the height, so on a clear opening height of 450mm you would need a clear opening width of 734mm to comply with the 0.33m2
Did you report the names or the addresses to the authorities ?
There is no point stamping your feet and getting all upset if you haven’t reported the installations yourself .
Try going down that route and writing a post on what happens :D
Hi Kevin
We have tried in the past to report companies but we just get fobbed off. So we gave up trying.
DGB
That’s where the story is though DGB , chancers will try it on all day , but the compliance monitors must not ignore it.
Don’t bleat on about the chancers, put some concerted digs at the GGF and FENSA .
I know from experience you will be ignored, no-one in this ‘industry’ gives a stuff so don’t expect much back up !!
I think you will find that it is any habitable room not just upstairs. People need to think of this when they put a porch onto a house and then create internal rooms with no means of escape.
I reported an installation to FENSA when timber sliding sash were removed and top opening windows put in to replace them. I chased FENSA many times but had no response.
“all upstairs habitable rooms must have some form of fire escape window i.e. side opening 90 degree opener”
The above comment is incorrect. If the house has top openers throughout then ALL those windows can be replaced as top openers.
The golden rule is ‘you can’t make the situation worse’.
Hi Gary, I do go on to say that to be fair:
“As far as I understand it, you can copy a “bad design”, i.e. you can replace like for like in bedrooms design wise, you just can’t make the access situation even worse.”
The .FENSA regulations state “On ground floors, all habitable rooms except kitchens should;
Open directly onto a hall leading to an exit
Or have an egress window installed
You therore require egress hinges downstairs too if you install a porch or there is no direct access to the hall or outside. The “old hall” is no longer leading directly to outside. At worst, it should be best practise to do this.
I agree it should be best practice but it’s not a Building Regulation requirement for replacement windows.
If every window is a top opener you only have to install a top opener. If every window has an egress window then the same has to be replaced. You can’t make the situation worse.
Absolutely Spot On, I have the same issue daily with my leads, either a competitor hasn’t brought it up on there quote so the homeowner doesn’t think it’s required or I have people arguing there kids will fall out! But like you we stick to our guns and quote as the regulation requires it! I’m sick and tired of this industry having regulations flouted it’s the same with lintels, we loose loads because we won’t fit the window if there isn’t any in place!
It’s very simple, FENSA and CERTAS are run by the same governing bodies that make the rules. The members that sit in on the meetings are the same Directors of the ‘big boys’. I also see regularly, bad installations and lack of fire escapes. Every town now has trade counters, so anybody can buy a window (even my Mum!). Nobody should be able to buy a window or a door without a FENSA or CERTAS number. This would basically stop the cowboy builders and the one-man-bands whose dangerous installations are causing bad reputation in our industry, as there would be… Read more »
Interesting article Jason, First off the GGF, is a decent trade body, if one of their members installed products which are not in accordance with the regulations then they are duty bound to respond to a homeowners complaint, however that’s most unlikely to happen because the homeowner selected the products with the help of the firms sales person in the first place. The GGF should (in my opinion) investigate a complaint(s) made against a member on an annual visit to satisfy themselves of the continued good standing of the member; otherwise it waters down the credibility of the GGF. However,… Read more »
I have seen this done many times in my area of Newham London, There is an old peoples home just near me that has been updated with Rosewood on white windows quite a considerable size job I would guess about 300 windows.The surveyor has copied the existing design without any obligation to fire escape unfortunately someone will have to die a horrible death. From where there is a public outcry similar to the Grenfell Tower fire before this is stopped. The company that installed them Fensa or Certass registered there work as part of the Competent Person Scheme 2002 it… Read more »