Could you change the colour from yellow please Lee.
It should be noted, however, that this distinction is now at the water-companies' discretion. Before the 2010 order, water companies did not have the power to restrict businesses during hose-pipe bans no matter what type of work they performed. Now the situation is different. The 2010 order gives water companies the power to restrict the USE of water drawn from their supply, not the user.
In theory this means that water companies could, if they chose to, restrict window cleaning of domestic houses even by window cleaning businesses, though they would not be able to restrict window cleaning on commercial buildings.This could lead to a ridiculous situation whereby a domestic window cleaner would be restricted, but a commercial window cleaner would not.
It's encouraging that so far, it appears that water companies are not restricting window cleaning businesses at all in the new hose-pipe bans for 2012, but it is important to note that they have the power to do so.
Thankfully, 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, it appears that this consideration was written into law in the 2010 order.
Section 12(2) of The Water Use (Temporary Bans) Order 2010 specifically states:
"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 Water Use (Temporary Bans) Order 2010; Sec 12(2)
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, section 12(2) of the new order appears to indicate that hosepipe ban restrictions won't apply in cases where health and safety would be adversely affected.
This provision should allow window cleaners to continue to use the safest method available to them - waterfed poles - during a hose-pipe ban.
As these new laws are so new, the exact legal interpretation has yet to be established, but it would certainly seem that window cleaners using waterfed poles have a very strong case.
Poll