[17 March 2012]
Hosepipe Bans -
Update Regarding Window Cleaning
with Waterfed Poles & Veolia Water

Following our news update on the 13th of March (see below) the situation regarding hosepipe bans and window cleaning with waterfed poles has advanced.

Firstly, there is very positive news regarding most of the areas affected. Nearly all of the water companies in the drough-affected areas have excluded window cleaners using waterfed poles from any restrictions. Some have even specifically mentioned window cleaners with regard to exceptions, making it clear that they will not be affected by the proposed hosepipe bans.

Those who carry on window cleaning as a business may still continue to use waterfed poles in the areas served by the following water companies:

Thames Water
Anglian Water
Sutton & East Surrey Water
Southern Water
South East Water

Veolia Water's Restrictions
Unlike the other water companies, Veolia Wateris proposing to take a different position regarding the hosepipe ban restrictions.

Veolia Water which is actually divided into three water compaies, has made the following statement in their literature:

"Water fed poles are frequently used by window cleaners and are within the definition of ‘anything designed, adapted or used to serve the same purpose as a hosepipe’. These systems use de-ionised water. Where mains water is the source used to create this deionised water, this activity is restricted."

This departure from the stance taken by other water companies appears to mean that Veolia Water proposes to restrict window cleaning on domestic houses, even by window cleaners who do so as part of their business.

This interpretation of the 2010 Order has several worrying implications

Firstly, if applied in this way, these restrictions would create the illogical situation were window cleaners serving domestic customers were restricted from using waterfed poles, but those serving commercial customers were not.

This would mean, for example, that a window cleaner would be permitted to clean the windows of a guest house with waterfed poles, but doing so at an ordinaryl house next door would not be permitted.

It's obvious that the 2010 Order was never intended to create such an illogical discrimination against domestic window cleaners, and we believe that this section has been applied unreasonably by Veolia Water.

In addition, Veolia Water has adopted a very narrow interpretation of the exception granted in the 2010 order for Health & Safety reasons, stating that the use itself (rather than the choice of method) must be for H&S reasons for the exception to apply.

Nowhere in the order is there any explanation or clarification to indicate that this is how it should be interepreted, and again we believe that this position is unreasonable.

Impact Assessment
Threatening the livlihoods of hundres or even thousands of window cleaners by imposing these restrictions is a very serious matter. This, of course, should never be done without very careful consideration and unless the potential gains from doing so outweigh the harm that would be caused.

This being the case, we would expect Veolia Water to have conducted an impact assessment study to see that imposing such damaging restrictions was worthwhile in terms of how much water would be saved.

So far, it appears that no such study has been undertaken by Veolia Water, and this itself is very serious. One cannot argue that certain damaging restrictions are absolutely necessary, unless it is first known how much water will be saved by imposing them.

Hope for a Positive Outcome
It should be noted that window cleaners have faced a similar situation before and enjoyed a positive outcome.

In the droughts of 2006, several water companies proposed restrictions to window cleaning with waterfed poles, and this was followed by a series of public hearings.

It transpired that the water companies had not really understood the difficulties and danger that such restrictions would cause to window cleaners, nor had they really known how much water window cleaners used. They also generally thought that window cleaners connected their waterfed poles to the customers' water supply.

After successful representations by Craig Mawlam of The BWCA,, window cleaners themselves, and other groups, the water companies agreed only to restrict window cleaning with waterfed poles in the 3rd and most severe stage of the drought, which was a perfectly reasonable position.

Veolia Water, which did not exist in its current capacity in 2006, was not part of this process. It may well be that, like those other water companies, Veolia simply do not yet understand how the window cleaning industry now operates.

BWCA Representation to Veolia Water
Craig Mawlam has written to Veolia water outlining these points, and we remain hopeful that Veolia Water will respond positively.

You can read the letter here.

We understand that this situation may be very worrying for window cleaners in the affected areas, and we will update this section with any developments as they become known.

[13 March 2012]
Hosepipe Bans-
Are Window Cleaners Affected?

In recent years, there has been much attention focused on water resources and how they are managed in times of drought. When there has been a prolonged period of dry weather, water levels in resivoirs and in underground water-bearing rocks may become low.

Water companies continually monitor these levels using sophisticated techniques and scientific instruments. Occasionally, the levels become low enough that the water companies impose restrictions on what they describe as "non-essential use" aimed at reducing the consumption of water. These are often referred to as "Hosepipe Bans".

What is a 'Hosepipe Ban'
A 'hosepipe ban' (or 'temporary ban on use' as defined by section 76 The Water Industry Act 1991, and amended by section 36 of the Flood and Water Management Act 2010) is a temporary restriction on the use of water for certain purposes. This gives the water companies the power to restrict several activities during a hosepipe ban. The water company may choose to restrict all or just some of the activities as it sees fit. They are:

(a) watering a garden using a hosepipe;
(b) cleaning a private motor-vehicle using a hosepipe;
(c) watering plants on domestic or other non-commercial
     premises using a hosepipe;
(d) cleaning a private leisure boat using a hosepipe;
(e) filling or maintaining a domestic swimming or paddling pool;
(f) drawing water, using a hosepipe, for domestic recreational use;
(g) filling or maintaining a domestic pond using a hosepipe;
(h) filling or maintaining an ornamental fountain;
(i) cleaning walls, or windows, of domestic premises using a hosepipe;
(j) cleaning paths or patios using a hosepipe;
(k) cleaning other artificial outdoor surfaces using a hosepipe.

(The Water Industry Act 1991, and amended by section 36 of the Flood and Water Management Act 2010)

Part (i) of section 76 mentions "cleaning walls, or windows, of domestic premises using a hosepipe". So, does this include window cleaning with waterfed poles?

Is Window Cleaning with Waterfed Poles Affected?
When the Water Industry Act was enacted in 1991, waterfed poles were not used for window cleaning. In fact it wasn't until 1997 that the first waterfed pole window cleaning systems became available in the UK. Therefore, it's obvious that it was never the intention to restrict window cleaning with waterfed poles.
So what about hosepipe bans now?

Householders not Businesses
Firstly, hosepipe bans are directed to domestic water consumption of private households, not businesses. Even though window cleaners may use waterfed poles to clean the windows of domestic houses, this is still commercial use. So, for example a householder would not be allowed to use a hosepipe to clean their own windows, but a window cleaner, whose business it is to clean windows, would be allowed.

This distinction for business use is often made clear in the Water Companys' own literature, which, when describing restrictions commonly refers to the "non-commercial cleaning of windows" (Southern Water, March 2012). Sutton and East Surrey Water were even more specific in their March 2012 water restriction notice:

So, hosepipe bans restrict householder, not window cleaning businesses. But there is an even more powerful argument in favour of the window cleaner.

A Special Dispensation for Health & Safety
The issue of window cleaning with waterfed poles during a drought first came to light in 2006 when water shortages were experienced throughout much of Southern England. In accordance with legal procedure, the water companies involved held public hearings to consider what impact any restrictions would have for the public and businesses. Craig Mawlam, chairman of Ionic Systems and founder of the British Window Cleaning Academy spoke in behalf of the window cleaning industry.

Craig argued that window cleaners should not be expected to assume the life-threatening risks associated with work at height simply to save a relatively small amount of water, and should be granted a dispensation on the grounds of Health & Safety. The fact that other dispensations existed, for example to allow ponds and fountains to be filled to protect fish and other animals served to illustrate that the preservation of life is obviously more important than a relatively small water saving. Of course, human life is just as (if not more) worthy of protection as that of animals.

This argument was accepted by both water companies and the then Secretary of State who later approved the water companies' plans for managing the drought that year. But more importantly, this argument was written into law in 2010.

Section 12(2) of The Water Use (Temporary Bans) Order 2010 specifically states:

So, if 'hosepipes' are being used for window cleaning (instead of, for example, ladders) for health and safety reasons, then restrictions do not apply.

As was argued by Craig Mawlam, window cleaners who use waterfed poles do so for health & safety reasons. The alternative to using waterfed poles would be to work at height (using either ladders, scaffold towers or hydraulic platforms etc). But this would cause a problem, as the Work at Height Regulations 2005 require that work at height be avoided if there is a reasonably practical alternative.

So, in cases where health and safety would be adversely affected by any water restrictions, section 12(2) of the 2010 order makes it clear that those restrictions do not apply.

This provision is straightforward, and allows window cleaners to continue to use the safest method available to them - waterfed poles.

Conclusion:
It's clear from the the water companies' own statements that hosepipe bans are for householders and do not affect window cleaning businesses, whether they service domestic or commercial customers. It's also clear that, thanks to Craig Mawlam's arguments, the law now quite rightly protects the health & safety of window cleaners ahead of any hosepipe ban or other drought restriction.

Window cleaners, like any other community-minded citizens do not want to waste water and are sensitive to how their activities may be perceived. But at the same time, should not hesitate to continue working as safely as possible. As important as saving water is, saving lives is even more important, and the law clearly recognises this.

The Water Use (Temporary Bans) order 2010 specifically protects the safety of window cleaners using waterfed poles, by excluding them from any restrictions on the grounds of health & safety. Window cleaners should take full advantage of this provision, and not expose themselves to the serious and increased risks associated with work at height.

References:
The Water Use (Temporary Bans) Order 2010, Section 12(2):

"Cleaning walls, or windows, of domestic premises using a hosepipe
12.—(1) The category of use in section 76(2)(i) of the Act applies only to the cleaning of the external walls or windows of domestic premises.
(2) Using a hosepipe to clean the walls or windows of domestic premises for health or safety reasons is not to be treated as falling within the category of use in that section."

The Work at Height Regulations 2005
Section 6 (extract)
"(2) Every employer shall ensure that work is not carried out at height where it is reasonably practicable to carry out the work safely otherwise than at height."

Section 3 (extract)
"3) The requirements imposed by these Regulations on an employer shall also apply to—
(a)a self-employed person"

Sutton & East Surrey Water PLC - PROHIBITION ON USE OF WATER – PHASE 2 (Published March 2012)
Part 3
The following class of user is excepted from the prohibition in relation to cleaning walls, or windows,of domestic premises:
Users who clean walls or windows of domestic premises for remuneration in the course of a trade or business.

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