The Regulatory Reform (Fire Safety) Order 2005 became law in 2006
This firmly placed the responsibility for fire safety in buildings upon the owners and business managers. Ignorance of the risk and lack of provision for protection is no defence. Hefty fines and imprisonment await the unwary. The ’Fire Safety Act 2021’and ‘Fire Safety (England) 2022’ have also become law.
Be wary – BE VERY WARY
Here are some examples of real prosecutions. They are all very ‘dated’ so the financial penalties now could be considerably higher.
Example 1
The Penhallow Hotel, Newquay. Cornwall
Fire – August 2007
Deaths – 3 (Fire safety breaches not linked to deaths)
Fine – £40,000 – Breach of Article 13(1) Fire alarm system sub standard
Fine £40,000 – Breach of Article 9 – No FRA in place, No Self-closing devices on bedroom doors, Stairway glazing not Fire proof
Plus £62,000 costs
Example 2
New Look, Oxford Street, London.
Fire – April 2007
Deaths – None Injuries – None
Fine – £250,000 – Breach of Article 9 – FRA carried out by store employee resulting in missed discrepancies
Fine £120,000 – Breach of Article 21 – Policy on annual staff training not implemented resulting in public evacuation inadequacies
Plus costs of £136,000
Example 3
Housing Management Agent
1960’s conversion
Fire – June 2008 (within a flat)
Breach of Article 8 – Electrical cupboards left unlocked and storage within
Breach of Article 11(1) – Means of escape inadequate
Breach of Article 13(1)a – Fire Alarm system inadequate
Managing Agent prosecuted as ‘Responsible Person’ Fine £100,000 + costs of £13,000
Head Leaseholder Prosecuted Fine £33,000 Plus costs of 6,440
Example 4
Extinguisher engineer carried out FRA for Two hotels
No fire occurs
Fire Brigade carries out routine inspection and issues prohibition notice
Landlord and Extinguisher engineer both prosecuted and imprisoned for 8 months
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