How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

I recently asked about garden relaxer cushions if they

Resolved Question:

Hi.
I recently asked about garden relaxer cushions if they have to comply with (Fire Safety) Regulations 1988/1989, 1993 and 2010 and received an answer that if the furniture can be physically brought into the house than yes but if not they do not have to comply.
My question is if garden swing cushions do have to comply with this laws as garden swing cannot be used inside the house and the cushions can only be used on this swing?
Thank You.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
In practical terms the swing could be used in a conservatory, for example, and therefore could be used indoors. My view is that the cushions supplied with such an item should comply.
Happy to discuss.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

I bought some stock from Poland and I didn't know that garden cushions have to comply with this regulations.

I have sold some already and got a message form one of the customers that they should be tested and labeled. This question was regarding relaxer cushions so I have stopped the sale until the test is done and I can have a look at the results.

I have sent some sample relaxer cushions for testing to FIRA but what if they won't pass this test?

What penalties could I face and if I cannot sell the stock how should I legally dispose it?

I currently have garden swing cushions still on sale because I thought that they do not have to comply as they are a part of a large swing that cannot physically be brought indoors.

What is Your advise? Should I stop this sale as well? I did not intend to break the law that is why I want to make things right but I don't want to go bankrupt as well and this could happen as I have plenty of stock of this type.

Expert:  JGM replied 1 year ago.
These cushions inside or outside have to comply with BS5852 fire safety standard and if they do not they can't be sold in the UK. You could risk prosecution if they don't comply, I'm afraid.
You may be able to sell it out with the country but that is something I can't specifically advise on.
Customer: replied 1 year ago.

One last question.

Are You absolutely sure that garden swing cushions have to comply as well or is there any, even the smallest doubt that they might be ok to sell without testing?

Expert:  JGM replied 1 year ago.
Yes I am quite sure about this. Any garden furniture and upholstery which could be used inside, such as in a conservatory, has to comply. See the following:http://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/
JGM and other Law Specialists are ready to help you