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