Decision details

Decision Maker: Chief Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

The Spendells Cabinet Report for 24th May 2024, highlighted that matters concerning fire doors within the Scheme were still subject to negotiation.
A Fire Safety Report dated 23 May 2024 for Spendells House carried out by Fire and Security Ltd and subsequent advice from Mr. Tony Fitch, Chartered Building Engineer employed by Babergh and Mid Suffolk District Councils but who is working with TDC to provide temporary support to TDC's Building Control team.
It has been identified that a number of fire doors do not meet minimum standard of compliance with the national Building Regulations and that, as a consequence, a Building Control completion certificate cannot be issued unless and the facility cannot be opened and used until those doors are replaced and any other compliance issues are addressed.
One of the principal issues relates to the fact that whilst some doors display the necessary certification labels, those that do not cannot be assured to be Building Regs compliant and Mr. Fitch has advised that any such door will need to be replaced. There have been discussions as to whether those doors not displaying the labels can be accepted as compliant on the basis that they appear identical in all other respects to those that do display the labels; however the advice is that this is not sufficient assurance and completion certificates could not legitimately be issued on that basis.
An Officer Decision (being made by Ian Davidson, as Chief Executive in the absence of the Corporate Director (Operations and Delivery)) is required to move money from the Cash Incentives Scheme budget within the Housing Revenue Account to fund the urgent requirement for the replacement of fire doors within Spendells.
Constitutional Reference: Financial Procedure Rules Part 5.43 – Paragraph 6.3.5 - Virements and Approvals (d) Housing Revenue Account Capital Schemes in this case £60,000 (being under £100,000) upon the service confirming to the Section 151 Officer that this results in no adverse impact on the HRA Capital Programme.
The Cash Incentives Scheme allocation within the Housing Revenue Account has been unspent in past years. The scheme was intended to provide a cash incentive for tenants to move to smaller properties as their households decrease in size. The scheme has not been active and the use of the funding in the current case is helpful in avoiding a direct impact on other necessary work areas in the programme. It is possible to replenish the scheme fund in the future if the scheme itself becomes active.

Decision:

Chief Executive in the absence of the Corporate Director (Operations and Delivery)) approves the virement of £60,000 from the Cash Incentives Scheme budget within the Housing Revenue Account to Spendells to fund the urgent requirement for the replacement of fire doors within the scheme.

Alternative options considered:

Option 1 - proceed without replacing the doors, discounted as this option would result in lack of compliance with Building Control Regulations
Option 2 - rely on the HIPs budget, which can allocate money for windows, doors, kitchens etc. This option was discounted as the budget will be required for a delivery programme due to be approved.

Publication date: 11/06/2024

Date of decision: 10/06/2024