Fire Safety News
Top Stories
August 2008
Firms pay out after breaches of the Fire Safety Order
Two companies in London, a major sports retailer and a local hairdresser, have been successfully prosecuted after pleading guilty to breaches of the Regulatory Reform (Fire Safety) Order 2005.
In the first case, JJB Sports Plc. was fined £17,400 for six breaches of the Order at it's store at Friern Bridge retail park in North London. The company was also ordered to pay costs of £6,150.
The failings, which included fire escapes which were locked or partially blocked by stock and an empty portable extinguisher, came to light during a Fire Service visit in December 2007. In mitigation, the company said that the failings were not representative of JJB but of mismanagement within the particular branch, and that subsequent fire training had enhanced safety at the store.
In the second prosecution, the owner of a hairdressers in East London was fined £4,000 for nine breaches of the Order. A fire service investigation of the Cutting Room and Beauty Basement in March 2007 identified a number of faults, including no emergency lighting in the basement, no fire alarm and no smoke detection system.
A notice was issued giving the owner four months to rectify the problems but, when the inspectors returned in July, they found that no work had been carried out.
Defendant, Mustafa Ismail maintained that all of the outstanding contraventions had now been remedied.
Care home fire death in Kent
An investigation is being carried out into a fire which claimed the life of an 81-year-old man in Westgate-on Sea, Kent.
He was a resident in the Hockeridge Care Home in Canterbury Road where 25 people were led to safety after the blaze started in a first floor room at 11pm on July 6th 2008.
Around 30 firefighters, including eight wearing breathing apparatus, were sent to the three-storey building and managed to extinguish the blaze shortly after midnight. Firefighters fought the flames with a main jet, two hose reel jets and a hydrant.
At the height of the blaze five fire engines and specialist support vehicles were in place. Police and ambulance crews were also called and paramedics treated one casualty for the effects of smoke inhalation.
Police say there are no suspicious circumstances surrounding the incident but add that a general inquiry is continuing.
A post mortem examination is being carried out and an inquest will be held.
July 2008
A company has
been ordered to pay £17,000 in fines and costs after a fire in West
London in which four residents became trapped.
PTF Properties
Ltd pleaded guilty to for breaches of the Regulatory Reform (Fire
Safety) Order 2005. The failures came to light following a
blaze in a first-floor flat situated above a cafe in Hammersmith in
April 2007. Eight fire engines and around 40 fire-fighters
tackled the blaze.
Because the
fire doors and fire detection system had not been properly
maintained in the property, smoke and fire quickly spread and
blocked the single means of escape. Two of the residents were
helped to safety across a first-floor flat roof by neighbours.
Another had to drop from the second floor to a first-floor terrace.
The fourth resident was rescued by fire-fighters via a ladder.
In a recent
hearing at West London Magistrates Court PTF Properties Ltd was
fined £11,000 for failing to maintain a fire alarm, failing to
maintain a fire door and failing to provide a safe means of escape.
The company was also ordered to pay £6,000 in costs.
New national
guidance on fire safety standards in certain existing residential
accommodation expected.
Guidance to
fire authorities under the Fire Safety Order has been issued in the
“HM Government Fire Safety Risk Assessment Sleeping Accommodation
Guide”, published by the Department for communities and local
government in May 2006. Guidance for housing authorities under
the Housing act 2004 is contained in the “HHSRS Operating Guidance”.
In order to underpin the fire safety protocol many authorities
around the country have produced local or regional guides and some
excellent work is being done in this respect. However, it has
been widely recognized that a single set of national, risk-based
guidance is needed to bring together this regional work and inform
housing authorities, fire authorities and landlords in their
application of standards. Such guidance will help simplify the
dual enforcement approach and bring some consistency across the
country. LACORS produced draft guidance published January 21, 2008
for consultation which is expected to be adopted and be published in
its final form on or after July 23, 2009.
Corporate Manslaughter and Corporate Homicide Act 2007 becomes law
From the 6th April 2008 the new Corporate Manslaughter and Corporate Homicide Act 2007 became law. Previously to convict an organisation of manslaughter following a work related death it had to be proved that a senior member of staff was also guilty of manslaughter.
Following the introduction of the new act organisations can be found guilty of corporate manslaughter if death is caused by a gross breach of their duty of care that is substantially due to senior management failure.
The responsible person within an organisation or individuals responsible for fire and health and safety will be the first port of call for any investigation involving a fatality or serious injury, it is therefore crucial that you conform to current legislation and standards.
Following the introduction of the Regulatory Reform (Fire Safety) Order 2005 the responsible person (Owner, employer or manager) is now responsible for fire safety within their premises. Many organisations have still not yet implemented actions to comply with the Order leaving them liable should any accident or emergency occur.
Click on the hyperlink below to view the Act
Corporate Manslaughter and Corporate Homicide Act 2007
January 2008
Nightclub Fined
A night club has been fined £41,000 after pleading guilty to 12 fire safety offences. Redbridge Magistrate’s Court heard that there were numerous fire safety failures at the Penthouse and Room at the Top night club in High Road, Ilford—run by Nightway Ltd.
The breaches included wedged open fire doors, no clear escape routes
and an exit obstructed by rubbish.
The case arose after officers from the London Fire Brigade’s
Redbridge crews were called to a fire alarm at the premises and
subsequently carried out an inspection identifying the
contraventions.
November 2007
Hotelier found guilty of putting staff and guests at risk
The proprietor of a hotel in East Sussex was ordered to pay more than £11,000 in fines and costs for a series of breaches of the Regulatory Reform (Fire Safety) Order 2005.
Claudio Priori was found guilty of the fire safety failings at Chequers Inn Hotel in a trial at Lewes Magistrates Court in November.
The failings came to light after fire crews were called to the hotel in March when the fire alarm sounded. Crews attending found no fire but could not locate any staff at the hotel to assist. the subsequent investigation uncovered a number of breaches, including failing to complete a fire risk assessment, failing to maintain that the fire safety measures at the hotel, and failing to provide adequate fire safety training to employees.
Mr Priori pleaded not guilty to eight offences, but at the subsequent trial in November, was found guilty on all counts. he was fined £1000 for each of seven offences and £500 for the eighth. He was also ordered to pay costs of £3794 to East Sussex Fire Authority.
summing up the case, the magistrates said that they were concerned that Mr Priori appeared to be still unaware of the risk of death or serious injury that staff and guests at the hotel were exposed to. They said that they hoped Mr Priori would now reflect on this.
Updated school fire safety guidance issued
The long-awaited update to Building Bulletin 7, BB100, the school fire safety guidance, has been issued by the Department for Children Schools and Families.
The new look guidance, designed for fire safety in schools, will help school designers and fire safety officers take the right steps to ensure new school buildings in England and Wales office staff and pupils at the highest level of protection.
Launching the guide, Schools Minister, Jim Knight, said there is now a presumption that new schools under the Building Schools for the Future programme will include sprinklers in the vast majority of cases.
According to DCSF, the national cost of school fires in England and Wales in 2000-2004 was £58 million but the cost of installing sprinkler systems in new schools can be as low as 1.5% to 2% of the total cost, with major savings in future years from lower insurance premiums.
Warehouse tragedy prompts calls for urgent review of Building Regulations
The loss of four fire fighters in a warehouse fire in Warwickshire has triggered calls review of the Building Regulations in England and Wales, and the reassessment of the role of fire suppression systems, particularly in single storage storage buildings.
The local government Association and the UK sprinkler in the industry have backed calls for a review, arguing that the current requirement in Approved Document B for all new build warehouses over 20,000 m² in size to be fitted with sprinklers - should be revised so that sprinklers are fitted in smaller sized warehouses over 2000 m².
In addition, Fire Protection Association managing director Jonathan O'Neill has written to Buildings Minister Yvette Cooper to request that she immediately reconvenes the ADB working group, to ensure a thorough debate can take place.
October 2007
Retail chain fined £250,000
Co-op fined £250,000 for fire
safety breaches
The Co-op has been fined £250,000 on a range of fire safety failings at six stores in Sussex. The problems came to light after a fire at the St Leonards outlet in July 2007. east Sussex fire and rescue service inspected the branch and subsequently decided to carry out a full audit of all 41 corpse doors in Sussex. The audit revealed a range of fire safety breaches at the six stores including, no fire alarm system in two of the branches, locked fire escape doors at two branches and a poorly maintained fire escape at another.
The Co-operative Society pleaded guilty to 13 offences under fire safety legislation. In mitigation, the company said that health and safety is a priority and that it takes its fire safety responsibilities seriously. It has since reviewed standards and invested to ensure the stores meet the required fire safety specifications.
The company was fined £20,000 for each of 11 serious breaches, and £15,000 each or two other failings. It was also ordered to pay East Sussex Fire and Rescue Service £11,167 in costs.
September 2007
Residential enforcement
RLA calls to change legislation
The residential landlords Association is pressing the government to change legislation so local housing authorities, rather than fire authorities, become the single fire safety regulator for residential accommodation in England and Wales.
At present, the local authority, guided by the Housing Act health and safety rating system, has general responsibility for the building, while the fire authority, applying the fire safety order has jurisdiction over the communal areas. The RLA argues that this system of having to regulators coupled with the different responsibilities the fire safety in separate parts of residential properties is causing confusion. It says that the local housing authorities should be made the sole enforcer.
Penhallow Hotel Fire
Plea for patience following tragic hotel blaze
Police have confirmed that a 43 year-old man had died in the Newquay Hotel blaze on the 18th of August. Police believe he fell from a second-floor window and that two other elderly occupants are also thought to have perished. Four other people were being treated in hospital with serious injuries.
Senior Divisional Officer Jan Sturges of Cornwall Fire Brigade said that the police and fire investigation into the blaze would help explain the causes of the incident and the lessons that should be learned. He asked that everyone should be patient until the process is completed.
August 2007
PAS 79:2007
Risk Assessment Guidance Updated
The British Standards Institution has issued an updated version of PAS79 Fire Risk Assessment. Guidance and a recommended methodology to take account of the Regulatory Reform (Fire Safety) Order 2005. the revised version supersedes the 2005 edition of PAS 79 and introduces the following changes:-
- all references to legislation have been updated to take account of the Fire Safety Order;
- the technical content has been subject to minor amendments in the light of experience in the use of the PAS;
- the guidance now recommends more detailed examination and recording of certain fire precautions and fire safety arrangements;
- reference is made to the requirements of fire safety legislation covering dangerous substances.
BPW Fire Safety has adopted the new provisions and methodology contained within PAS 79:2007 for the completion of Fire Risk Assessments.