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21113 – Firework licencing

Ref:21113

RE: FREEDOM OF INFORMATION ACT 2000 REQUEST

I am writing to confirm that the West Midlands Fire Service has now completed its search for the information you requested further to your freedom of information request.

Please find below a summary of our findings.

Request

How many valid fireworks licenses are currently issued for the city of Coventry.

Reply

On 5th October there were 69 fireworks licenses issued for the city of Coventry.

Request

Please provide each address that has a valid fireworks license. n Coventry

Reply

In accordance with the provisions of the Freedom of Information Act 2000, your request has been considered and is refused in accordance with the Act.  This acts as a Refusal Notice.

Your request has been refused, the exemptions applied are as follows:

Section 31(1) of the Freedom of Information Act 2000 provides a qualified exemption for release of information if its disclosure would, or would be likely to prejudice:

(g) the exercise by any public authority of its functions for any of the purposes specified in subsection (2)

In this case, purposes from subsection 2 that apply are:

(i) the purpose of securing the health, safety and welfare of persons at work,

(j) the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

Reason why the exemption applies

West Midlands Fire and Rescue Service issues licenses for the storage of fireworks to ensure that they are stored safely.  Disseminating the requested information would prejudice this activity as it would release precise details of where the fireworks are stored into the public domain.  The information could endanger the health, safety and welfare of the people who work at these sites due to the increased threat, and consequences of, arson attacks on these buildings.

Section 38 (1) of the Freedom of Information Act 2000 provides a qualified exemption for release of information if its disclosure would, or would be likely to

(a) endanger the physical or mental health of any individual, or

(b) endanger the safety of any individual

Reason why the exemption applies

The exemption applies for similar reasons to those that apply to section 31 described above. The disclosure of the information would be likely to endanger the physical health and safety of any individual due to the increased threat, and consequences of, arson attacks on the buildings specified as storing fireworks.

Public Interest Test Reasons

West Midlands Fire and Rescue Service has concluded that the public interest in maintaining these exemptions outweighs the public interest in disclosure. This decision is based upon the following reasons:

In assessing the balance of the public interest test, we are particularly mindful that the Act works on an ‘applicant blind’ basis and that by providing information to one person, we set a precedent for making it available to anyone else who asks for it.

There is a strong public interest in the authority doing all it can to protect the health and safety of members of the public and the people who work at places where fireworks are stored.  This is one of the primary reasons why we hold the requested information and disclosing it would undermine this purpose, which would not be in the public interest.

While there may be some public interest in providing details of firework retailers for commercial purposes, the benefit of this does not outweigh the potential consequences of endangering the health and welfare of people.

Duty to advise and assist.

Under section 16 of the Freedom of Information Act 2000, public authorities have a duty to provide advice and assistance to people making requests for information.

I can therefore tell you that it is possible that you may be able to request the information under other legislation, in particular The Manufacture and Storage of Explosives Regulations 2005.

In order for you to make a request under these regulations, I would suggest that you review the categories of explosives covered by the Regulations and the quantities that dictate the kind of registration or licence required.  I would direct you to Schedule 4 of the Regulations.

While the Freedom of Information Act 2000 is ‘applicant blind’ as stated earlier, the Manufacture and Storage of Explosives Regulations 2005 are not.  Before we would consider disclosure under the Regulations we would ask you to provide your name, full postal address and whether you make your request as a business owner or individual and your reasons for requesting the information.  If you are a business we would need to know what kind of business you own.

You should also be aware that we are permitted to charge for disclosure under the Regulations and may place restrictions on how you can use any disclosed information in the future.

Should you have any queries regarding this, please contact me.

Please acknowledge receipt of this information.

If you are dissatisfied with this response, you have the right of appeal through the West Midlands Fire Service internal complaints procedure by setting out the grounds of your appeal in writing to our Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW.

If you are dissatisfied after pursuing the complaints procedure, you may apply to the Information Commissioner under Section 50 of the Act for a decision whether your request for information has been dealt with in accordance with the requirements of Part I of the Act.  Contact details as follows:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone 01625 545 700

https://ico.org.uk/

If you have any queries about this Freedom of Information request, please contact us. Please remember to quote the reference number above in any future communications.

 

For service complaints, issues or comments regarding this request please contact The Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW.

Further information concerning Freedom of Information requests can be found on the Information Commissioner website at either the following link: https://ico.org.uk/ or at Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

21093 – Fires attended at buildings with ACM cladding

Ref: FOI/21093

RE: FREEDOM OF INFORMATION ACT 2000 REQUEST

West Midlands Fire Service has now completed its search for the information requested on 5th August 2021

Please find below a summary of our findings.

Request.

Please could you provide figures for:

1) The number of fires your crews have attended at buildings with ACM cladding (listed on the Government website) since 14 June 2017.

2) The number of fatalities caused by fires at buildings with ACM cladding since 14 June 2017.

Reply

Buildings over 18m with ACM.

  1. 1 fire
  2. No fire fatalities

Please note: WMFS does not maintain a database of buildings below 18 metres with ACM cladding.

If you have any queries about this freedom of information request, please contact us.  Please remember to quote the reference number above in any future communications.

For service complaints, issues or comments regarding this request please contact The Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW

Further information concerning Freedom of Information requests can be found on the Information Commissioner website at either the following link: https://ico.org.uk/ or at Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

21084 – Clarendon Suites, 2 Stirling Rd, Birmingham, B16 9SB

Ref: FOI/21084

RE: FREEDOM OF INFORMATION ACT 2000 REQUEST

West Midlands Fire Service has now completed its search for the information requested on 20th June 2021.

Please find below a summary of our findings.

Request.

I would like to request the following in relation to the Clarendon Suites, 2 Stirling Rd, Birmingham B16 9SB

  • Asbestos management plan
  • Asbestos risk register
  • If any AIB boards and other asbestos containing material was damaged in the fire and if so, how this was safely disposed of by Cinnamon Homes.

Reply

This information is exempt under section 21 of the Freedom of Information Act 2000 as this information is reasonably accessible to the requestor. Information concerning asbestos management plan, asbestos risk register and If any AIB boards and other asbestos containing material was damaged in the fire and if so, how this was safely disposed of by Cinnamon Homes. for Clarendon Suites, 2 Stirling Rd, Birmingham B16 9SB should be provided to you by the responsible person for your property under section 22 of The Regulatory reform (Fire Safety) Order 2005.

Co-operation and co-ordination.

22 – 1) Where two or more responsible persons share, or have duties in respect of, premises (whether on a temporary or a permanent basis) each such person must—

(a)co-operate with the other responsible person concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed on them by or under this Order;

(b)(taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed on him by or under this Order with the measures the other responsible persons are taking to comply with the requirements and prohibitions imposed on them by or under this Order; and

(c)take all reasonable steps to inform the other responsible persons concerned of the risks to relevant persons arising out of or in connection with the conduct by him of his undertaking.

(2) Where two or more responsible persons share premises (whether on a temporary or a permanent basis) where an explosive atmosphere may occur, the responsible person who has overall responsibility for the premises must co-ordinate the implementation of all the measures required by this Part to be taken to protect relevant persons from any risk from the explosive atmosphere.

It is the ‘responsible person’ duty to share information and if they are not complying then you could approach the Housing Ombudsman at the following link:

https://www.housing-ombudsman.org.uk/

Request

  • WMFS completed assessment after large fire in February 2019 and management measures agreed by the owners, Cinnamon Homes.

Reply

No fire safety audit has been carried out on these premises – buildings regs application was consulted on in April 2019.

If you have any queries about this freedom of information request, please contact us.  Please remember to quote the reference number above in any future communications.

For service complaints, issues or comments regarding this request please contact The Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW

Further information concerning Freedom of Information requests can be found on the Information Commissioner website at either the following link: https://ico.org.uk/ or at Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

 

21066 – Waking watches put in place on or after May 15th in high-rise buildings.

Ref: FOI/21066

RE: FREEDOM OF INFORMATION ACT 2000 REQUEST

West Midlands Fire Service has now completed its search for the information requested on 16th May 2021.

Please find below a summary of our findings.

Request.

I am writing to you under the Freedom of Information Act 2000 to request the following information. Please may you provide me with:

The number of waking watches put in place on or after May 15th in high-rise buildings.

Reply

17 in total – not all still active.

Request

The number of waking watches put in place on or after May 15th in mid-rise buildings.

Reply

We have no information on any mid-rise buildings with waking watches

Request

The number of fires in high-rise buildings each month for the last year in buildings with waking watches.

Reply

June 2020 0
July 2020 0
Aug 2020 0
Sept 2020 0
Oct 2020 0
Nov 2020 0
Dec 2020 0
Jan 2021 1
Feb 2021 0
Mar 2021 0
April 2021 1
May 2021 0

Request

The number of fires in mid-rise buildings each month for the last year in buildings with waking watches.

Reply

This is not a return we currently present, however if we were to provide this information it will require extensive searches to locate, retrieve and extract the information which we estimate will exceed the appropriate time limit set within the Freedom of Information act 2000 before we can charge a fee. Therefore, if you wish for us to issue you a fee notice which will have to be paid in full before we release the information, please advise me at your earliest convenience.

Request

The number of fire-alarms installed since 17 December in high-rise buildings with fire safety issues.

Reply

We are not aware of any fire alarms systems which have been installed and commissioned since 17/12/2020

Request

The number of fire-alarms installed since 17 December in mid-rise buildings with fire safety issues.

Reply

We have no information on any mid-rise buildings with alarm systems installed since 17/12/20.

Request

By mid-rise and high-rise, I generally mean 18m+ and 11-18m. However, I understand for some fire safety measures the Government is defining high-rise as 17.7m. If any answer could include how this department defines high- and mid-rise buildings I would be grateful.

Reply

High rise is 18m as defined by approved document B as being measured from the fire service access level to the floor of the top storey.  11 – 18m would be a sensible description of a mid-rise.

If you have any queries about this freedom of information request, please contact us.  Please remember to quote the reference number above in any future communications.

For service complaints, issues or comments regarding this request please contact The Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW

Further information concerning Freedom of Information requests can be found on the Information Commissioner website at either the following link: https://ico.org.uk/ or at Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

21049 – Solihull Heights

Ref: FOI/21049

RE: FREEDOM OF INFORMATION ACT 2000 REQUEST

West Midlands Fire Service has now completed its search for the information requested on 16th April 2021

Please find below a summary of our findings.

Request.

Solihull Heights B26 3B had a facade report back in December 2020. The managing agent is refusing to give us these reports. I was wondering if these can be provided by yourself?

Reply

This information is exempt under section 21 of the Freedom of Information Act 2000 as this information is reasonably accessible to the requestor. Information concerning visits by the Fire Service to Solihull Heights, 54/56 New Coventry Road, Sheldon, Birmingham, B26 3BB should be provided to you by the responsible person for your property under section 22 of The Regulatory reform (Fire Safety) Order 2005.

Co-operation and co-ordination.

22 – 1) Where two or more responsible persons share, or have duties in respect of, premises (whether on a temporary or a permanent basis) each such person must—

(a)co-operate with the other responsible person concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed on them by or under this Order;

(b)(taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed on him by or under this Order with the measures the other responsible persons are taking to comply with the requirements and prohibitions imposed on them by or under this Order; and

(c)take all reasonable steps to inform the other responsible persons concerned of the risks to relevant persons arising out of or in connection with the conduct by him of his undertaking.

(2) Where two or more responsible persons share premises (whether on a temporary or a permanent basis) where an explosive atmosphere may occur, the responsible person who has overall responsibility for the premises must co-ordinate the implementation of all the measures required by this Part to be taken to protect relevant persons from any risk from the explosive atmosphere.

It is the ‘responsible person’ duty to share information and if they are not complying  then you could approach the Housing Ombudsman at the following link:

https://www.housing-ombudsman.org.uk/

Request

Also, after this report numerous works were enforced to be done and waking watch out in place. The works were completed from 18th Jan to 28th Feb.

The building has been checked and now more works have to be carried out, and waking watch out in place once again!

Is it possible to have a report to show what works were needed to be carried out on the building to make it fire safe.

Reply

There are Enforcement Notices in place for Blocks B & C of Solihull Heights. However this information is exempt under Section 22 of the Freedom of Information Act 2000 – Information intended for future publication. Details will be published by West Midlands Fire Service within one calendar month.

If you follow this link and then select the enforcement register, it takes you to a Power BI dashboard. Search Solihull Heights and it shows that there is an enforcement notice on the premises and the articles that apply to the enforcement notice.

https://www.nationalfirechiefs.org.uk/News/enforcement-register/266127

The articles are part of government legislation, a copy of the Regulatory Reform Order 2005 can be found at the following link:

https://www.legislation.gov.uk/uksi/2005/1541/contents/made

If you have any queries about this freedom of information request, please contact us.  Please remember to quote the reference number above in any future communications.

For service complaints, issues or comments regarding this request please contact The Public Relations Department, West Midlands Fire Service, 99 Vauxhall Road, Birmingham, B7 4HW

Further information concerning Freedom of Information requests can be found on the Information Commissioner website at either the following link: https://ico.org.uk/ or at Wycliffe House, Water Lane, Wilmslow, SK9 5AF

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