Have you undertaken your Fire Risk Assessment?

Occupiers of premises still don't seem to understand their responsibilities under the Regulatory Reform (Fire Safety) Order 2005 (RRO), which came into force in October 2006.

Many companies still see fire safety as a one-off or once a year task.  They still do not see the need to build fire safety management into their everyday business work practices as they do with health and safety.  However, the fire safety reforms have brought about the need for a culture change and this does not happen overnight.  Too many businesses still think that because they once had a fire certificate and their circumstances haven't changed, they are still complying with fire safety law.  This is not the case.

What are the consequences?

Case One

Two fire-fighters died whilst tackling a large fire at an East-Sussex based Firework Company in 2006.

The owners of the company were arrested and were charged with two counts of manslaughter.  The fire and resultant explosion killed the two men and injured twelve others.

Another company pleaded guilty to four fire safety breaches and has been ordered to pay £17,000 in fines and costs by West London Magistrates Court.  The company's fire safety breaches were exposed by a major blaze in Hammersmith last year, and it has been prosecuted by the London Fire Brigade.

The fire started in a first floor flat above a café in April 2007.  It took eight fire engines and around 40 fire-fighters to tackle the blaze.

The residents were trapped as their single route of escape was blocked by the fire.  The smoke and fire spread through the property quickly as the fire doors and fire detection system had not been maintained correctly.  Two of the residents escaped the burning dwelling by climbing over a first floor roof, assisted by neighbours.  A third had to drop from the second floor to the first floor terrace.  Fire-fighters rescued the fourth by means of a ladder.

The Fire Safety Team found numerous breaches of fire safety regulations following the fire.  The company pleaded guilty to four breaches of the RRO.  They were:

• failing to maintain a fire alarm;
• failing to maintain a fire door;
• Two charges of failing to provide a safe means of escape.

The Assistant Commissioner for Fire Safety Regulation, said, "Businesses have to understand that they must take their responsibility for fire safety precautions seriously.  If they don't we will use the full force of the law."

Case Two

A Suffolk hotelier who put the lives of guests at risk by flouting fire safety regulations has been ordered to pay fines and costs totalling more than £200,000.  The Judge described the hotelier's failures as "woeful" and stated that the accused should have been aware of the need to comply with fire regulations - a basic duty of all responsible occupiers.  Structural alterations to rooms and landings had been made that seriously compromised escape in the event of a fire.  There was inadequate emergency lighting on staircases to help people escape in the event of a fire and no regular testing of the fire alarm at the hotel.  A door to the hotel's boiler room also failed to comply with fire safety standards and the key to a fire exit in the kitchen which should have been left unlocked or easy to open if it was locked was found in the reception area.

After the hearing Suffolk Fire and Rescue Service's Divisional Officer said:

"This sends a very clear message to businesses providing accommodation to the general public that it is their responsibility to ensure the safety of anybody staying on their premises.  Suffolk Fire and Rescue will enforce serious breaches of fire regulations because there can be no compromise on fire standards in making Suffolk safer."

Case Three

A pub landlord has been successfully prosecuted for ten separate breaches of fire safety legislation, which meant his pub had failed to meet the legal standards for fire safety.

A routine inspection of the pub by Fire Safety Officers identified serious breaches of fire safety precautions in the premises.  These breaches included:

• No fire risk assessment was carried out for the premises;
• No fire protection was provided for fire escape routes;
• No fire alarm system was in place;
• Fire escape routes were obstructed;
• No fire drill training was given to members of staff;
• Emergency lighting systems did not work;

The court was informed that these breaches presented a serious and life-threatening risk, not only to the staff who worked there but also to the members of the public who visited the premises.

In summing up, the Magistrates reinforced the seriousness of the case and attributed this to a clear failure on the part of the landlord to comply with the responsibilities imposed on him under the Order, and his failure to address inadequate fire safety provisions.  He was fined £4,000 plus £3,984 costs.

The Fire Safety Technical Support Officer, said:

"We are very pleased that the courts have acknowledged the serious nature of this case.  This prosecution was brought about under the RRO, which came into effect in October 2006.  Although fire and rescue services are no longer required to issue fire safety certificates, we continue to carry out a rigorous inspection programme of commercial premises to ensure they are meeting the standards required by the Order.  We strongly advise that anybody who employs staff or has responsibility and control of commercial premises must ensure that the responsibilities placed upon them by the RRO are properly discharged."

Mentor can carry out Fire Risk Assessments with you so that you can discharge your duties under the RRO.  Call us on 0870 606 1036 for further information on our Fire Risk Assessment Service and the other additional services we provide, which include Risk Assessment Training.  Maximum call charge from a BT landline is 6p plus up to 6p per minute.  Business rates and calls from other networks may vary. 

In the meantime, if you have any general Health & Safety queries, please call the Mentor Health & Safety Law Advice Line on 0870 572 3389 or speak to your Health & Safety Consultant direct.  Maximum call charge from a BT landline is 6p plus up to 6p per minute.  Business rates and calls from other networks may vary.