PRO INSTALLER AUGUST 2013
23
@proinstaller1
LETTERS
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Dear Editor, When is bespoke not bespoke, when it’s a window!
Once again our industry faces yet another occurance of the left hand not knowing what the right hand is doing. When it comes to EU legislation (which is dramatiically changing the way we sell, manufacture and run our businesses) they produce conflicting interpretations.
Take the Consumer Rights Directive and the Construction Products Regulations, one contradicts the other. Amongst the good within the CRD, which will protect us all as consumers, is a “withdrawal from contract clause”, better known as a “cooling off period”. Consumers will be entitled as standard to have a 14 day period from the date goods are delivered when they can withdraw from the contract but they will be liable for any reasonable direct costs. However (and here comes the only bit of common sense) as windows and doors are bespoke in size and specification to fit the consumers property, fenestration products are deemed in the CRD, to be bespoke. Consumer buying bespoke products do not have a right to a withdrawal period, providing you tell them they do not have a withdrawl period, due to the bespoke nature of the products they are ordering. conflict, having established that under the CRD, fenestration products are bespoke why then under CPR are fenestration products definitely not bespoke? According to CPR whilst windows are of different sizes they are “system made” and therefore not bespoke. Our industry as a whole has spend thousands Had they been bespoke then the industry could have avoided the need to CE mark products. I believe within the CPR, there is good in there somewhere. Stand alone, electrical white goods which are mass produced need CE conformity, however the complexity of compliance to make indi-
grow your business and learn how to tackle those profitable upvc window & door repair jobs you currently turn down!
‘If ever you need to get the right paperwork signed its when this CRD starts next year!’
Common sense ends, because failiure to inform them that they don’t have such a right, results in the consumer being entitled to an absurb 379 day withdrawal period. If ever you need to get the right paperwork signed its when this CRD starts next year! Imagine, buying new windows and because you were not told that you didn’t have a withdrawl period, you get a year to withdraw from the contract, legally! Now here comes the ploughing its way through BS EN 14351-1:2006 + A1:2010 and the other relevant standards to be able to CE mark products required by law from July 1st this year, for very little benefit. Just because a window has a CE mark it does not nececasarly mean that the window is fit for the intended site, only U-value, Toxic substances & safety device testing is mandatory, other important criterion such as weather performance may not be declared. vidual, taylormade bespoke products like windows compatable is onerous. Don’t get me wrong, Masterframe Windows Ltd have CE marked all their products. We have made the investment needed to do what’s necessary for our clients, but suspect other businesses not to be in the same position.
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R. Rabett, Technical Director, Masterframe Windows Ltd
Dear Editor, It was with great sadness that we read the headlines recently about yet another instance of falling from height due to serious health and safety breaches within a hospital environment.
The case I refer to is that of Southend University Hospital, which was prosecuted on 1st July for an incident in which a vulnerable pensioner fell to his death from a third storey window after being admitted for a bladder operation.
It was reported that, following surgery, the elderly patient was clearly disoriented, to the point he was moved to an individual room – with a security guard stationed outside – for, and I quote, “his own safety”. Tragically, the window in this room was only fitted with a single restrictor, enabling the patient to climb through the window and fall nine metres to the ground. The Health and Safety Executive (HSE) cited the hospital’s arrangements for managing the risk of falls from windows as inadequate, having fitted only a single angle bracket restrictor, which was bent to one side on the window in question, allowing it to be fully opened. More worrying still is that this is by no means the first incident of its kind within the healthcare sector. In light of this, the case of Southend Hospital is even more tragic, and even more frustrating in that this patient’s death and others like his were completely avoidable. According to figures from the HSE, in the years 2008-2011 there were 50 incidents involving falls from windows in the healthcare sector, 12 of which were fatal. Yet the simple, inexpensive measure of installing an adequate restrictor hinge would be is enough to prevent injury or loss of life from a fall. The British Standard BS 8213 states that safety restrictors must be fitted to accessible openings where there is a risk of falling. These should limit movement so that a window cannot be opened initially beyond 100mm and should be releasable only by manipulation not normally possible by a child under five years. Conversely, if restrictors are fitted on windows suitable as a means of escape in face of fire, then they must not only achieve said requirements, but do so ????????????????????????????????????????????????????????????????????????????????????????????????????!?????Q?????????5????????!Q4??????????????????????????????????????????????????????????????????????????????????????????????????????????????????!???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ???M???????$$?Q???????????????$?M???????()????????????????????????????????????????????????????????????????????????9???????1??????????AY ?I?????Q????
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