First Fire Risk Assessment case ends with Prison Sentence

On 8 July 2011, Nottingham Crown Court dealt with what is believed to be the first successful prosecution of a fire risk assessor. A prison sentence was imposed upon the assessor and also the operator of the premises concerned.

The law

Article 5(3) of the Regulatory Reform Fire Safety Order places a duty to comply with the Order on persons other than responsible persons under Article 3 to the extent that they have control of premises.

Article 5(4) makes clear that when a person has by virtue of any contract or tenancy an obligation for the maintenance or repair of premises, or the safety of the premises they will be treated as a person who has control of the premises to the extent that their obligation so extends.

The Case

Local Solicitor Browne Jacobson advised Nottinghamshire and City of Nottingham Fire Authority throughout the investigation and prosecution of Mr Liu, the operator of two hotels, and Mr O’Rourke who had conducted risk assessments in respect of both premises.

Mr David Liu was the licensee and a responsible person for the purposes of the Order under Article 3 for both premises. Mr John O’Rourke, trading as Mansfield Fire Protection Services, carried out fire risk assessments at both premises and was responsible under Article 5(3) of the Order for ensuring that the risk assessments were suitable and sufficient.
Deficiencies at the premises included:

• Fire risk assessments were not suitable and sufficient
• inadequate fire doors at the premises compromising exit routes
• an emergency exit was locked
• emergency lighting at the premises was inadequate
• inadequate fire detection at the premises
• fire extinguishers were not sufficiently maintained
• the fire alarm and emergency lighting were not sufficiently maintained.

Having originally proceeded on not-guilty pleas in the Magistrates Court and a defence statement having been filed by Mr Liu, both Mr Liu and Mr O’Rourke entered guilty pleas in the Crown Court. Prior to sentence the fire authority applied for and successfully obtained a Financial Circumstances Order forcing the defendants to disclose their financial affairs. Both were sent to prison for eight months and ordered to pay the full prosecution costs claimed (Mr Liu – £15,000 and Mr O’Rourke £5,862.38).

The fire Risk Assessor

Mr John O’Rourke had produced the risk assessments in return for payment. There was a clear contract between the premises operator Liu and O’Rourke in accordance with Article 5(4) thereby engaging the provisions of Article 5(3).

The risk assessments failed to identify deficiencies with means of escape, fire separation and fire warning systems at both premises which were of such a low standard that persons were at risk of death or serious injury in the case of fire. Evidence was also provided from an enforcement officer at Nottinghamshire and City of Nottingham Fire Authority highlighting the significant deviations from ‘HM Government Guidance for Fire Risk Assessment’ in places providing sleeping accommodation.

The importance of ensuring the competence of persons offering services to undertake fire safety assessments was clearly accepted by the judge who stated:

“It seems to me an example has to be set about risk assessors, who are not with qualifications…”

In summary

All persons who take on any duties under the Order are accountable for their actions but primary responsibly rests with employers (occupiers and owners), however, Article 5(3) was clearly designed and drafted to ensure that others may be caught.

The sentence of eight months imprisonment with an order to pay the prosecution costs in full is significant. Not only does it send out a message regarding the seriousness of these offences, but also demonstrates that even when custody is imposed, the public purse will be protected if courts have sufficient information regarding defendant’s financial affairs. The court in this case was assisted by the prosecution obtaining Financial Circumstance Orders prior to sentence.

Thanks go to Browne Jacobsen for first publishing this excellent article http://www.brownejacobson.com

Firecrest UK Ltd continuing investment

Firecrest adds new vehicles to the fleet

Despite the economic downturn, we here at Firecrest UK Ltd. are still investing in our business and adding new equipment to help develop the services we offer to our customers.

Recently we have added two new Transit vans to our fleet of vehicles. Reinvesting in new equipment is vital as it helps us keep to our prompt call outs and customer demands.

New vans added to our Fire Training Fleet

Each service vehicle is fully equiped to carry out our regular maintenance contracts for fire alarms, emergency lighting maintenance as well as giving us the capacity to carry our training materials to deliver our fire safety training courses.

Whether you need a quotation or advice on maintaining your fire safety equipment or would like some help and advice on completing a fire risk assessment, please feel free contact Firecrest UK Ltd.

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If you need any of the following, you can save 10% on the following Services we offer:

• Fire Warden Training
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• Fire Risk Assessment
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First Class Support helps UKFA Member Win Major Contracts

In today’s fast paced society, employers need to know they can rely on suppliers to deliver. No longer can people wait, particularly when the threat of fire not only can destroy businesses, but legislation means employees must be protected at all times whilst at work.

It is this level of service and reputation that has helped Firecrest UK Ltd. secure a major 3 year contract with Nottingham Trent University who have over 2,500 fire extinguishers that need maintained and in operational condition at all times.

We are very pleased to be associated with Firecrest, who are responsive and deliver all aspects of the contract in a very timely and efficient manner. We like the idea that this is an extended family business involving Director Ian Emmonds and his wife as Company Secretary, his son and cousin as engineers and his brother-in-law as office manager.

All the signs are that there can be high levels of trust – a very important factor in the awarding of any contract for the University.

Since being awarded the contract, Nottingham Trent University has refurbished a building and have placed a further order for an additional 100 plus Fire Extinguishers and Jo Bird Tough Store Cabinets.

No Nonsense, Reactive and Proactive is Key

Balfour Beatty is an infrastructure services company that rely on Service. They have demanding clients and deadlines to achieve and need suppliers to deliver efficiently and on time.

Tony Steward, Manager for Balfour Beatty said:

As a Manager responsible for over £1M worth of assets and 13 different sites I needed a company that was reactive, proactive reliable, approachable and knowledgeable. FIRECREST UK LTD rectified over 90% of the problems that my Managers identified within 24 hours or were planned and completed within 48hrs.

Firecrest UK is one of more than 50 member companies which comprise the UKFA, a trade association of independent companies involved in manufacture, supply, servicing and installation of a whole range of fire and safety equipment.

If you would like help and advice on assessing and implementing a fire safety solution that meets your obligations from a family run, no nonsense and reliable contractor, please contact us – click here for details.

Fire at a Retail Store results in record fine for the store owner

A fire that ripped through a flagship clothing retailer in Oxford Street, London, resulted in structural damage so severe that the parts of the building left standing had to be demolished.

Thirty five fire appliances and 150 fire fighters attended the incident, during which around 450 people from the store and surrounding premises were evacuated.

Fortunately, no one was killed, but as the subsequent investigation by the London Fire and Rescue Service (FRS) revealed, this was more by luck than judgement.

The fire took complete hold of the building because the retailer’s staff had no idea what to do in the circumstances. They didn’t even notify the FRS – an office worker in an adjacent building did that, and the delay allowed the fire to quickly spread and break through the second floor windows by the time the fire fighters arrived.

Incredibly, despite the building’s fire alarm sounding, the alarm was reset at least once and eventually, around 150 customers were evacuated through a door right beneath the seat of the fire on the second floor.

The company pleaded guilty in court to two breaches of the Regulatory Reform (Fire Safety) Order 2005 (FSO) and was fined £400,000 as follows:

1. Failing to carry out and produce a suitable and sufficient fire risk assessment, including no record of the appropriate procedures to be taken during a fire alarm – £250,000.
2. Failing to train staff adequately – £150,000

The company was also ordered to pay costs of £136,000.

This is the largest fine under the FSO to date and was so high because the company’s breaches endangered the lives of so many.

It highlights the legislation is there to serve a purpose – the requirement to complete risk assessments and save lives.

As an occupier of non-domestic premises, you must carry out a fire risk assessment. It must identify potential sources of fire and what control measures you deem necessary to prevent one. In addition – as this case proves – it must include details of how employees, visitors, contractors, customers, disabled people etc, should be evacuated.

This is a good time to ensure risk assessments, standards, staff fire safety training and supervision are appropriate, up-to-date and the provisions of your health and safety policy are being applied in practice.

If you have any queries or would like some advice or would like a professional carry out a fire risk assessment, please do not hesitate to contact us on 01623 861331.

Fire Safety Breaches Restaurant Fined

A former restaurant manager has been ordered to pay over £7,000 in fines and costs after pleading guilty to serious breaches of fire safety legislation following a prosecution brought by the London Fire Brigade.

Mr Wei Chen, who was managing Kan’s Chinese and Thai Cuisine at the time of the breaches, admitted guilt on 10 contraventions of the Regulatory Reform (Fire Safety) Order 2005. Sentencing occurred on Monday 26 October 2009 at Highbury Corner Magistrates Court.

In June 2007, visiting fire inspectors discovered a number of fire safety breaches and an enforcement notice was issued requiring Mr Wei Chen to remedy the faults by 11 April 2008. A further inspection took place on 29 April 2008 and all of the fire safety breaches were still evident. These included no fire warning system, no fire exit signs and inadequate fire safety training to staff. There was also no fire risk assessment done for the premises. It was noted in court that there had been a history of non compliance with fire regulations dating back to December 2005.

The Regulatory Reform (Fire Safety) Order places a duty on a defined ‘responsible person’ for the premises (the person who controls the premises e.g. a landlord/manager/owner) to carry out a fire risk assessment, take appropriate measures to minimise the risk of fire and implement general fire precautions to protect people in the premises if a fire occurs. The assessment and the fire precautions must be kept under review by the ‘responsible person’.

In this case Mr Wei Chen was the responsible person. Assistant Commissioner for fire safety regulation Steve Turek said:

“Knowing about fire safety is not an option, if you are the responsible person it is a necessity and if people do not adhere to the legislation then as shown in this case we can prosecute.

The general public should feel safe from fire when going out to places like restaurants and the responsible person must make sure their premises comply with the regulations.

All premises owners and operators must undertake a fire safety risk assessment, which is now mandatory, act upon its findings and put in place an emergency plan.”

To avoid being in this position, you could ask Firecrest UK Ltd. to complete a fire risk assessment and advise you on what you need to do to ensure this sort of thing doesn’t happen to YOU!

For details in how we can help you ensure you are fully compliant with current legislation, please contact us on 0800 783 0588 or send us your details and we will contact you.

Lighting Protection

The old saying prevention is better than cure is particularly prevalent with fire. Simple basic fire prevention techniques could not only save your business, but could also prevent loss of life, too.

Take lighting for example. Did you realise that if your building was unfortunate enough to be hit by lighting, it can not only damage the structure but it can also affect all the electrical equipment held within it – just think, computers, lights, coffee machines, alarms and the list goes on.

We have just launched an new service, lighting protection, and have prepared some information of what it entails and how it could benefit you.

If you have any questions, please contact us or why not post a reply to this thread and engange in a conversation – you never know, it might help someone else, too!