We move to other spaces – what I need from occupational safety law / fire protection law
We are moving to other premises - what I need from the law on safety at work / fire protection…
Vrijeme čitanja: min
Moving to a new business premises In the business process of one – company entrepreneur at least once (and some several times) find themselves in a situation where they have to change the business premises due to the inadequacy of the existing one (expansion or change of the range of goods / services, increase in the number of workers or simply because of the attractiveness / proximity / better price of the new location that is offered).
When choosing a new location of a business premises, there are two components from the aspect of occupational safety and fire protection that you should pay attention to when reviewing a potential new space and negotiating with potential landlords, be it a mall manager or an individual landlord of an independent business premises.
Often problems arise after signing a lease agreement, in which tenants only subsequently discover the costs they will incur if they want a functional, safe and according to the regulations from occupational safety and fire protection arranged space.
[dropcap size=”50″]1.[/dropcap]
The thing that you need to pay attention to when choosing and inspecting a potential new space is its initial purpose for which the owner / investor received a building or use permit.
Here I am referring to the already fully furnished and equipped spaces with all the necessary systems for electricity supply, water, sewage, ventilation, and fire protection systems.
If they are provided and set up: automatic fire alarm system, sprinkler system, internal hydrant network, power off buttons. energy, anti-panic lighting, fire extinguishers, etc.).
the assortment of goods you sell / store has a greater fire potential / danger than the one for which the space is intended, it should be done to repurpose the premises, which means the preparation of new project documentation, and the potential introduction / installation of new fire protection systems whose costs can eventually fall at the expense of the tenant.
An even more common and potentially dangerous case is that the lessee rearranges the space on his own initiative (demolishing existing and upgrading new walls, doors, etc., thus disrupting existing fire protection measures in terms of the size of fire sectors) without any project documentation in the hope that nothing unforeseen will happen (first of all I mean fire).
I consider this an unacceptable risk because if there is a fire at the end of the liability determination process, criminal and material liability may fall fully or partly on the user of the premises.
In addition, if he had the insurance of premises/equipment/goods in the event of a fire at a private insurance company, he is unlikely to admit it because of the aforementioned omissions.
– check whether the space is project adequate to your activity, if not check how much it would cost to invest in the project documentation and performance condition so that your new space corresponds to your activity from the aspect of occupational safety and fire safety regulations.
Ultimately and the maximum safety of your workers in that space. It is completely wrong to be guided only by the rental price because it can ultimately be the most expensive variant.
[dropcap size=”50″]2.[/dropcap] and no less important thing if you have checked the above and decided on a new space with the tenant be sure to clearly contractually determine the maintenance / servicing of the premises, first of all here I mean the systems located in your space – electrical installations, air conditioning and ventilation systems, and the above mentioned fire protection systems.
Especially fireprotection systems because they require servicing twice a year in addition to regular annual testing by authorized houses, which is not a negligible cost. Likewise ventilation, air conditioning, boilers/boiler rooms for heating and hot water
require once a year cleaning and condition check, electrical installation testing every 4 years, fire extinguishers service once a year by an authorized house.
Basically, a hefty sum of money is collected for ongoing maintenance and testing that are legally prescribed, which are most often forgotten to be defined through a lease agreement, and which in the end often fall on the burden of the tenant for fear of inspection supervision,
due to the inability/reluctance to change the existing business premises or resent the landlord for various pragmatic reasons.
E.g. it’s a good rental price, we compensate, it’s a great location and so we don’t pay on time….
I often encounter and wonder (especially in rented shops in shopping centers) that the managers of the centers transfer most of the tests and maintenance in the premises to tenants (e.g. power off buttons, anti-panic lamps, fire extinguishers, ventilation, electricity, roller shutters).
Which, in my opinion, is by no means in the merits of the regulation stipulating the Lease Agreement – The Civil Obligations Act (OG 35/05, 41/08, 125/11, 78/15, 29/18) Art. 554, which, among other things, prescribes:
“In order to maintain the property in a state suitable for the agreed use, the lessor is obliged to carry out the necessary repairs in a timely manner at his own expense, and the lessee is obliged to allow it.
The lessor is obliged to reimburse the lessee for the costs of repairs carried out by him, either because they did not suffer the delay or the lessor, informed about them, did not perform them within the appropriate time.
The cost of small repairs and the cost of regular use of things fall on the lessee…”
– I have bolded the paragraph of the above article because I believe that the previously mentioned regular testing of all systems in the rented space, according to the deadlines set in the technical regulations, would, in my opinion, certainly fall into the part of “keeping things in a state suitable for contractual use.”
All of the above can be applied even when you are the owner of a business space and want to open a new one in it, move an existing activity or rent someone else’s space for its activity.
well and properly designed, maintained and used business premises according to the purpose for which it is designated, will be a guarantee of the safe work of all employees who perform their work in it.
The basis of further good organization and implementation of occupational safety by the employer through additional, eventual (recommended) cooperation with the company for safety at work through evaluation, review, supervision and testing of the working environment, means of work, work equipment, and training of workers for work in a safe way.
A quality and conscientiously prepared risk assessment document, conducted environmental testing, evacuation and rescue plan, and trained workers to work in a safe way is a guarantee of the prevention of accidents and injuries at work (or at least minimized), whereby workers can fully devote themselves to their work without fear for their safety.
A happy, safe and satisfied worker is the best worker.
Are you moving your business or are you planning to? Feel free to contact me, I am here to inform you (optionally and free of charge) about everything you are interested in, both in the domain of occupational safety and in this topic!
Author: Tomislav Nimac
