Fire

Landlords Imprisoned for Fire Safety Breaches

Two landlords have been sentenced to six months in prison and ordered to pay £5,000 in costs for breaching the fire safety legislation.
The prosecution followed a fire on 31st March 2007 at a house converted into bedsits on Hampden Road, North London.
Previous to the sentencing at Wood Green Crown Court on 12th June 2009, Michael de Havilland and Sally Fox of Muswell Hill had pleaded guilty to several breaches of the Regulatory Reform (Fire Safety) Order 2005. These breaches included:
Inadequate fire detection systems;
A lack of proper fire doors for bedrooms or the communal kitchen;
No emergency lighting in the building’s stairway;
A lack of fire fighting equipment i.e. fire extinguisher / fire blankets;
No fire risk assessment available for inspection.
A further inspection was arranged where an enforcement notice was issued, explaining that the breaches needed to be dealt with. But after further contact with the co-owners and further inspections over a number of months, inspecting officers found that no remedial work had been completed.
"This is our second prosecution resulting in a custodial sentence and again sends out a strong message to landlords and building owners," said Brian Coleman, chairman of the London Fire and Emergency Planning Authority. "Our role is to keep Londoners safe, and where we see that you are not taking your legal fire safety responsibilities seriously, we will take action."


Coroner Warns of Hotel Fire Risks as Penhallow Inquest Returns Open Verdict

In 2007, a fire at the Penhallow Hotel in Newquay took three lives. The coroner leading this inquest, has warned of a risk of further deaths and calls for government support for hotels and guest houses to invest in fire safety to ensure compliance with the law.
The comments were made by Dr Emma Carlyon at the conclusion of the inquest in Truro, when she directed the jury to return an open verdict.
She said: "I... intend to write to the minister for tourism to highlight to her the concerns raised by those at the inquest about the change in fire legislation and to self regulation in 2006 and the risks of future deaths, in particular of hotels and guesthouses, if sufficient measures are not provided to support the investment in fire safety or to ensure compliance."
Dr Carolyn reminded the owners of hotels and guesthouses that they are the only ones responsible for complying with the provisions of the Fire Safety Order, particularly regarding regular fire risk assessments and taking general fire precautions.
Investigators were unable to clarify how the fire at the Penhallow Hotel began, however there was evidence to suggest that the fire started from a naked flame.
Four people who were previously arrested in connection with the investigation into the fire last year have been released without charge.
Detective chief inspector Darren Lockley, speaking after the verdict said that the speed and spread of the fire was exceptional. "The inquest goes some way to explaining the tragic loss of lives; however we now wish to appeal for any information that will enable the families to fully understand what happened."
A statement on behalf of the bereaved families said they were satisfied with the evidence that had been given at the inquest but were disappointed with the open verdict.

Tuesday, 16 June 2009

Shell Pays Record £345,000 FSO Fine

Shell International Ltd. has been fined a record £300,000 and ordered to pay costs of £45,000 after pleading guilty to three breaches of the Regulatory Reform (Fire Safety) Order at the Inner London Crown Court on 2nd June 2009. This is the largest penalty under the legislation to date.
The company was prosecuted by the London Fire Brigade following two small fires at the Shell Centre on London's South Bank in the space of three weeks.
A subsequent inspection on 12th January 2007 concluded that there were extensive breaches such as blocked escape routes and fire exits, defective doors and excessive fire loading, which had been considerably increased due to refurbishments taking place in the upper floors.
The Shell Tower and basement levels were restricted after the London Fire Brigade served a prohibition notice. This stated only people who were working to remedy the fire safety deficiencies were allowed to enter these parts of the building. An inspection carried out on 15th January 2007 showed that all of the fire safety failings had been taken care of and ultimately the prohibition notice was lifted.
It was also found that the company’s fire risk assessment had not been reviewed or updated since March 2003. The London Fire Brigade said that the condition of the general fire precautions in the building had deteriorated.
"Shell failed to respond properly to their risk assessment for three and a half years and had it not been for the fires which led to the inspection, it could have been considerably longer," said assistant commissioner Steve Turek. "Had Shell acted upon the findings of the 2003 risk assessment at the time, they would have avoided putting their staff at risk."
The first of the fires was on 19th December 2006 in the early hours of the morning, in which four fire engines and 20 fire fighters attended the scene. The second occurred on 5th January 2007, which was started by cutting equipment setting fire to insulation material. Forty people evacuated the building before the London Fire Brigade arrived.
London fire commissioner, Ron Dobson, said: "This conviction shows that major companies are not exempt from prosecution and must take their responsibilities under the RRO seriously."
Commenting in response to the conviction, a spokesperson for Shell said: "We are sorry for the shortcomings but must emphasise there were no injuries to people. We put things right immediately and have also had an independent review of our fire safety plans and condition of the building. Shell Centre is safe and we are complying fully with the law."

Corporate Killing Case Referred to Crown Court

Tuesday, 23 June 2009


Company director Peter Eaton has appeared before magistrates in Stroud to hear a charge of corporate manslaughter against his company, Cotswold Geotechnical Holdings.
The prosecution is the first to be brought under the new Corporate Manslaughter and Corporate Homicide Act. Eaton, 60, also faces a charge of gross negligence manslaughter, and both he and the company are accused of breaching the Health and Safety at Work Act.
The charges relate to the death of 27-year-old Alexander Wright, a junior geologist who was killed in September 2008 when he was buried beneath several tonnes of mud as he collected soil samples in a trench. It took rescue workers two days to recover his body.
No pleas were entered and Stroud magistrates referred the case to Bristol Crown Court, where Eaton will appear on 23 June.
Eaton, who told the court his position in the company was "principal or sole director", was granted unconditional bail.
This story first appeared on Health and Safety Professional