10
10.1 An Area at any Accommodation will be deemed to be Unavailable where the condition of the Area is such that:
10.1.1 it is not possible to gain access to the Area in a reasonable manner by the normal means employed for that purpose and no suitable alternative means of access either exist or are provided by the Contractor; or
10.1.2 as a result of the condition of the accommodation the Area fails to meet legal requirements in respect of the Health and Safety Regime; or
10.1.3 as a result of the condition of the accommodation where persons entitled to use the Area for its Principal Function may not do so reasonably free from risk to their health and safety; or
10.1.4 it is not free from flood, weather penetration and damp affecting the structure of the building to the extent that precludes the safe occupation of the Area save that such condition will not constitute the Unavailability of External Areas if the drainage provisions for the Area (including surfaces laid to falls) are fully functioning; or
10.1.5 the Area is not maintained at a temperature within a range specified in the Authority's Requirements for that Area [(this range may change as a result of climatic or other changes over the life of the concession)]; or
10.1.6 windows normally capable of being opened for the purpose of ventilating the Area are not able to be opened [to the extent that] or [with the result that] there is a material adverse impact on the provision of [Fire and Rescue][Police] Services; or
10.1.7 the Area is not provided with a level of illumination sufficient to permit the materially unimpaired use of the Area for its Principal Function] and to permit the safe use of the Area having regard to its Principal Function; or
10.1.8 the Area is not provided with sufficient number and type of safe water supplies delivering as applicable hot, cold or potable water to permit the materially unimpaired use of the Area for its Principal Function; or
10.1.9 the Area is not served by a functioning and safe waste removal system connected to sinks, basins and sanitary equipment where such connections are present in the Area; or
10.1.10 the live power outlets (13A sockets) installed within the Area are neither live or functioning resulting in a material adverse impact on the provision of Services; or
10.1.11 any dedicated power supplies to equipment necessary for the use of the Area for its [Principal Function] are neither live or functioning; or
10.1.12 the Area is not provided with such fixtures & fittings in a functional condition as is necessary to permit the materially unimpaired use of the Area for its [Principal Function]; or
10.1.13 the Area is not provided with all of [the loose furniture required]19 and the same is not in such a functional condition as is necessary to permit the materially unimpaired use of the Area for its principal function [provided that this provision will only apply in respect of:
- New Buildings and [Refurbished]20 Buildings;
- the period of 5 years from the relevant Services Availability Date]; or
10.1.14 the communication outlets (voice and data) installed within the Area are not functioning due to a failure of the physical infrastructure forming part of the accommodation related to such installation resulting in a material adverse impact on the provision of Services; or
10.2.1 Every Area at an accommodation will be deemed to be Unavailable where it is not possible to gain access to the accommodation in a reasonable manner by the normal means employed for that purpose and no suitable alternative means of access exist or are provided; or
10.2.2 Toilet facilities will be considered Unavailable unless at least 50% capacity is provided for male staff and 50% capacity for female staff. Where:
i. the toilet facilities are unisex; or
ii. the Contractor manages the use of the toilet facilities such that they can be used by both genders separately; they will not be considered Unavailable.
_________________________________________________________________________________________
19 To be decided on a project by project basis.
20 The PFI programme only relates to new build accommodation.