Application for certificate of exemption for a lift installed at Beaulieu Primary School

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (29.07.08) to grant an exemption for the platform lift for disabled use at Beaulieu Primary School.

Decision Reference: MD-S-2008-0040
Decision Summary Title :	Application for a certificate of exemption for a lift installed at Beaulieu Primary School, Wellington Road, St Saviour.		Date of Decision Summary:	23rd June 2008
Decision Summary Author:	Colin Myers Director of Health and Safety		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Application for a certificate of exemption for a lift installed at Beaulieu Primary School, Wellington Road, St Saviour.		Date of Written Report:	23rd June 2008
Written Report Author:	Colin Myers Director of Health and Safety		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Application for a certificate of exemption for a lift installed at Beaulieu Primary School, Wellington Road, St Saviour.
Decision(s): In accordance with Regulation 9 of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, the Minister granted an exemption, for the platform lift for disabled use installed at Beaulieu Primary School, Wellington Road, St Saviour, from Regulation 8(b) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990.
Reason(s) for Decision: The Minister is satisfied that the installation of the platform lift for disabled use will not result in a reduction of the safety for users of the installation whilst it is being used for its stated use.
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Director of Health and Safety is to advise Beaulieu School of the granting of the exemption.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Application for certificate of exemption for a lift installed at Beaulieu Primary School

Application for a certificate of exemption for a lift installed at Beaulieu Primary School, Wellington Road, St Saviour

1. Summary

The Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, (the “Lift Regulations”), were introduced by the States in 1990 to establish minimum standards of safety at lift installations in workplaces.

Regulation 9 of the Lift Regulations, as amended by the States of Jersey (Amendments and Construction Provisions No 8) (Jersey) Regulations, 2005, provides for the Minister for Social Security to issue exemptions from the requirements of the Regulations where he is satisfied that the requirements to which the exemption relates are not necessary for the protection of employees.

This report recommends that consideration be given by the Minister to granting an exemption under Regulation 9 for a lift installation which is installed at Beaulieu Primary School, Wellington Road, St Saviour.

2. Exemptions granted for platform lifts for disabled use

The Employment and Social Security Committee considered the application of the Lift Regulations to platform lifts for disabled use at its meeting held on the 13th April 2000, and granted a general exemption, Certificate of Exemption 8108/3, from certain requirements of the Lift Regulations. This exemption provides for such lifts to be exempted from the requirements of Regulation 6, which requires the lift shaft to be fully enclosed, and Regulation 8, which includes the requirement for lift cars to be fitted with car doors, providing that the installation complies with the provisions of British Standard 6440:1999 Powered lifting platforms for use by disabled persons – code of practice. The code of practice stipulates a number of safety features which ensure the safety of persons travelling in the lift.

The British Standard Code of Practice only applies to lift platforms for disabled use having a maximum travel distance of 4.0 metres, resulting in installations with a travel distance greater than 4.0 metres having to apply to the Minister for an exemption from Regulation 8. Two exemptions for such installations have been previously granted, both at the Haut Bois Premises of Regal Construction (Jersey) Ltd. The first exemption was granted by the Employment and Social Security Committee in 2005 and the second by the Minister in 2007.

3. Platform lift for disabled use installed at Beaulieu Primary School

The platform lift for disabled use installed at Beaulieu Primary School has a travel distance of 6.1 metres, which results in the installation being outside of the scope of British Standard 6440. The general exemption cannot therefore be applied to this lift installation. An application, included at Appendix A, has therefore been sought by Page Architects on behalf of the School for an exemption for this lift installation. The installation has been supplied and installed by Gartec Ltd., Unit 6, Midshires Business Park, Smeaton Close, Aylesbury, Buckinghamshire, England. It has been confirmed that this lift is being installed to provide access to the upper floors of the building solely for the use of persons with impaired mobility.

This platform lift is similar to previous platform lift installations for which exemptions have been granted, in that the lift installation does not meet the requirements of the Lift Regulations as it is not provided with a car door as required by Regulation 8(b).

4. Comments made by Planning and Environment Department

Following the approach made by Page Architects to the Department, Mr M Roscouet, Assistant Director - Building Control, was contacted in view of the application of the Building Bye-Laws to the platform lift installation. He has advised that it was identified, during the course of a completion inspection carried out by one of his officers, that the platform lift installation deviated from the approved design drawings. The School has therefore been informed by the Planning and Environment Department that, as one of the conditions of accepting the lift platform installation, confirmation will need to be obtained from the Social Security Department that the installation is acceptable under the Regulations.

5. Conclusion and recommendation

In view of the previous exemptions granted in respect of lift platforms for disabled use, it would appear appropriate for a specific exemption to be granted by the Minister for this lift installation.

It is therefore recommended that the Minister grant an exemption from the requirements of Regulation 8(b) of the Health and Safety at Work (Lifts) (Jersey) Regulations, 1990, in respect of the lift platform for disabled use installed at Beaulieu Primary School.

Colin Myers

Director of Health and Safety

23rd June 2008

APPENDIX A

Letter seeking exemption from the Lifts (Jersey) Regulations,1990 received from Page Architects