From the BWCA
The 2004-2006 drought in South East England served to focus attention on the outdated nature of the 1991 Drought Direction, which sets out the circumstances under which water companies may apply for a drought order, and also the restrictions that they are able to impose.
The consultation document sets out proposed changes to current legislation and aims to gather information from interested parties on the suitability of those changes.
The British Window Cleaning Academy is actively involved in this consultation, and recognizes that the proposed changes may have an impact on the way window cleaners work in drought conditions.
However, it must be emphasized that it is not yet clear how the proposed changes would (if at all) affect window cleaners, as the proposal document does not specifically discuss the cleaning of windows by tradesmen, but only generically (ie the cleaning of windows by the householder)
The definition of window cleaning "using sprinkler, hosepipe or similar apparatus" is also the subject of some dispute, especially as to whether this definition extends to the use of water-fed poles or not.
Pure Water - A Manufactured Product
The proposal document makes clear that any restrictions apply only to water that has not been "used". Although no definition of this term is given, some useful guidance is provided;
"Our proposals apply only to water supplied by water companies under their statutory supply duties. These supply duties are directly linked to quality criteria. The filling of a receptacle by hosepipe from the mains supply, with no intervening use, for a proscribed purpose would be a breach of any restrictions in force. However, once water supplied by a water company has been used then that water is no longer of a kind that was originally supplied"
Section 3.3.3.1 (italics ours)
According to this guidance, restrictions both present and future do not apply to water that is "no longer of a kind that was originally supplied" .It is obvious that once water has passed through the treatment processes which enable it to be used for window cleaning, it too is "no longer of a kind that was originally supplied"
Of course, in order to make use of water for window cleaning with a water-fed pole system, a number of processes are necessary to alter the quality of the water. In fact, the production of pure water for window cleaning is in itself a "use" and in many other industries, purified water is considered a manufactured product, with mains water being simply a raw material. Since water purification is not subject to any restriction, this would be an effective defence if one were needed.
"Hosepipe Ban" to be replaced by "Discretionary Use Ban"
At present, water companies can, at their discretion, impose 'hosepipe bans' in an effort to reduce water consumption by the public. These hosepipe bans are limited in their scope by section 76 of The Water Industry Act 1991.
Put simply, by imposing a hosepipe ban water companies can restrict certain uses of water drawn from their supply network, including washing of private cars, the watering of private gardens etc. Hosepipe bans do not have any impact on window cleaning by method, including the domestic sector. This means, for example, that during a hosepipe ban a householder would not be allowed to wash their car using a hosepipe, but would be allowed to wash their windows
with a hosepipe.
There are several proposed changes to this structure which involve the replacing the 'hosepipe ban' with a more consistent 'discretionary use ban'. Under the proposal this would be much broader in its scope and restrict a wider range of activities than the 'hosepipe ban'.
Section 4.1.4 (v) of the proposal document makes clear that under the new discretionary use ban that, just like the washing of private cars, within the domestic sector window cleaning using a hosepipe will be restricted. By limiting the discretionary use ban to the domestic sector (ie use by householders, not window cleaners) this change would have no impact on the way window cleaners work. This is because window cleaners, whatever type of properties they clean, operate in the commercial, and not the domestic sector.
