Fire risk assessor and hotel manager jailed for fire safety offences - [updated 11.07.11] - News-content | Fire safety news events and jobs - info4fire

Fire risk assessor and hotel manager jailed for fire safety offences - [updated 11.07.11]

08 July 2011

An external fire risk assessor and a hotel manager have both been jailed for eight months for fire safety offences.

David Liu, who runs The Dial Hotel and Market Inn, both in Mansfield, had previously pleaded guilty to 15 offences under the Regulatory Reform (Fire Safety) Order 2005, while John O’Rourke of Mansfield Fire Protection Services pleaded guilty to two offences under the legislation.

Sentencing the two defendants last Friday (8 July) at Nottingham Crown Court, the judge said that the time had come to send out a message to those who conduct fire risk assessments, and to hoteliers who are prepared to put profit before safety.

Officers from Nottingham Fire and Rescue Service visited both hotels as part of a routine inspection. They found that both premises were being used to provide sleeping accommodation on the upper floors and that fire precautions, which should have been provided to safeguard the occupants in the event of a fire, were inadequate.

Due to the serious risk to life, they issued prohibition notices preventing any further use of both premises for sleeping accommodation until suitable improvements had been made.

Mr O’Rourke was prosecuted because he had prepared fire risk assessments for both premises. However the fire risk assessments failed to identify a number of significant deficiencies, said the prosecution, which would have placed the occupants at serious risk in the event of a fire.

The offences common to both hotels to which Mr Liu, as the responsible person, pleaded guilty were:

  • A lack of a suitable and sufficient fire risk assessment
  • A failure to ensure effective means of escape with doors leading onto corridors not being fire resisting or having self-closers fitted
  • A failure to ensure that emergency routes and exits were provided with emergency lighting
  • A failure to ensure the premises were equipped with appropriate firefighting equipment, detectors and alarms in that there was no fire detection within the bedrooms
  • A failure to ensure that equipment and devices provided were subject to a suitable system of maintenance in that the fire alarm system, emergency lighting system and firefighting equipment were not tested.

In addition at the Dial Hotel, officers found both staircases from upper levels terminating in the same ground floor area with no alternative escape routes or separation, a locked fire exit door, and exit routes obstructed by combustible materials.

The other offence at the Market Inn related to a missing fire door and a window not being fire resisting.

Mr Liu was also ordered to pay costs of £15,000.

John O’Rourke, as a person other than the responsible person who had some control of the premises, pleaded guilty to two counts (one for each hotel) of failing to provide a suitable and sufficient fire risk assessment. He was ordered to pay costs of £5,860.
 


     
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David Sugden
It is important that the FSEA and courts have been able in this case to take action against a person undertaking a risk assessment that is not "suitable and sufficient" and the judge's comments are also important. Ever since the FSO came into being legal advice had been that enforcement would be influenced by case law. Is this the first case against a risk assessor?

Posted on 11/07/11 11:53.

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colin gibbs
Ifail to see how anyone passing themselves off as a fire protection service, who carries out a fire risk assessment in a hotel dosent know that all rooms must have fitted and working fire detection, as per norm
even if he was only a fire extinguisher sales man how did he miss the opourtunity of selling more fire fighting equipment.

Posted on 12/07/11 12:10.

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Simon Ince
Sadly this prosecution is long overdue. It will send a sharp message to all fire risk assessors, however without many further prosecutions; it is not going to pressure the poor assessors to stop working. New robust guidance for the RP is needed urgently and a National register of assessors whose assessment of competence has been independently audited (UKAS) is a must.

Posted on 12/07/11 16:52.

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Trefor Jones
We obviously have not heard the last of this. It will be interesting to see the case law that determined the FRA not "suitable and sufficient". What defeciencies were missed/not covered in the FRA to merit 8 months in prison????

Posted on 12/07/11 16:51.

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Stephen Stares
Interesting that you can go on a F&RS risk assessment course and then they still tell you you are doing it incorrectly.

Posted on 15/07/11 14:34 in reply to Trefor Jones.

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John Revington
The time has come for responsible persons ans fire risk assessors to wake up and smell the coffee. Getting it wrong is not an option, the RRO is the best fire legislation we have had for a long time. so enforcement is the right way forward. The Judge got it spot on

Posted on 15/07/11 14:34.

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Jan Hinchliffe
The implications of this ruling are immense!
As the piece states "John O’Rourke, as a person other than the responsible person who had some control of the premises" was given the same punishment as the 'Responsible Person' - despite only pleading guilty to the one offense for each premises. This implies that, for all the offenses listed, the fire risk assessor was deemed to have at least as much 'control' over the premises as the 'Responsible Person’. WOW! - strong smelling coffee indeed John.

Posted on 19/07/11 09:56 in reply to John Revington.

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Bob Docherty
Yes its a first. do we need any greater incentive to ensure that those who carry out FRAs are competent? Going on a course is not the whole solution. Lets kick the cowboys out for good. Only a fully accredited and certified national fire risk assessors register can do this. Assessors need to be able to prove their competence by subjecting themselves to a totally independent third party accredited scheme. If you are out there doing FRAs, you should be able to prove you that you can!

Posted on 19/07/11 09:56.

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Steve McHale
It is about time people started to be prosecuted for not making the mark in their job when it comes to fire protection. But it should also be pushed out to the fire saftey officers and insurance companies as well.
I have done so many quotes for new systems or upgrades that were apparently urgent and were supposed to have een done last October to December, but were put off to March, then April and July now could be anytime.
So not always the risk assessors fault that things aren't done!

Posted on 19/07/11 09:56.

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Andrew Newman
These people got what they deserved, but everyone banging on about a national register will not improve things. I have seen many FRAs done by people on various registers or who have done 3-5 day risk assessors courses and some of them are still shocking. Taking a course for a few days or ticking the boxes of a register application form does not mean you are a good risk assessor.
Some third party certification schemes and organisations running short courses are just cashing in on the RRO.

Posted on 19/07/11 09:56.

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Colin Todd
A national register is not the answer. There are already schemes around, setting the bar at some level, eliminating cowboys. All these schemes are not equivalent, but that is not the end of the world, as it ensures some form of minimum level. The new comeptence standard produced by the FRA Competence Council will begin to level the standards.

Equally, the new BAFE SP 205 scheme will be good and will ensure competition amongst CBs, leading to something not far short of a national register.

Posted on 28/07/11 09:27.

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Phil Jones
FRA's are viewed by some as just a bit of paper to stick in a folder, I have met clients who just think they can do their own by printing a form off the internet. Also some Fire Alarm companies still think there service engineers can do them despite having had no training. I have lost count how many times I have been asked to design a Fire system despite no FRA having been done on which to base the design.

Posted on 28/07/11 09:28.

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Simon Ince
Sign posting the competent is the key to improving standards. To say that the existing registers and the competence standard is all that is needed is nonsense. It is estimated that only 10% of ‘professional’ assessors are on any register. How then do you get the other 90% to join a register and prove competence? You make sure the RPs know where to go to find a competent fire risk assessor. THE FIRE SAFE REGISTER would dramatically improve standards, as those not on it would not be appointed.

Posted on 29/07/11 12:22 in reply to Colin Todd.

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Bob Docherty
Hey Andrew, you sound as though you have the solution so please tell us all what it is if all we are doing is cashing in!
Also, if these FRAs are so 'shocking' and guys are already on registers, then I hope you are actively pursuing getting them off the register(s). All registers (and professional bodies) have a code of conduct and a complaints procedure so go and use it if things you fiund are that serious.

Posted on 01/08/11 10:15 in reply to Andrew Newman.

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Bob Docherty
If a national fire risk assessors register is not the answer, why should we accept an industry controlled scheme thatis not independent and just so happens to be just 'not far below a national register'?

If we are comparing we might as well have the whole thing.

Posted on 01/08/11 10:15 in reply to Colin Todd.

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Vincent Lavery
It is interesting these prosecutions have occurred and about time and all. One of the issues here is the "competent" person being incompetent. That said we can all make mistakes but being blatantly out of one's depth is not an excuse. I also see aproblem with owners not being able to judge a good FRA but are often carried away with the finished product that refers to various BS standards on doors, windows etc. Basically a good FRA must be undertaken by a competent person in that area of work.

Posted on 05/08/11 09:24 in reply to Bob Docherty.

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Malcolm Saunders
.I’m a Chartered Health and Safety professional who gets involved in FRA, I
Hold the NEBOSH fire management certificate and look after two sites. I still would not even attempt to carry out a FRA on unfamiliar premises without ensuring I understood all the necessary legislation relating to those premises and taking professional advice and guidance where needed. Do we need to prove competence yes I believe so the consequences of getting it wrong can be fatal.

Posted on 07/09/11 15:42.

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Dave Fell
I live in mansfield where this incident took place, in saying the premises are hotels is somewhat miss leading, they are in fact very small pubs.Yes the outcome is the same but lets get it right. Will a register prevent this occurring again, I think not. Why should it? I used to be a member of most of the national bodies for H&S but have stopped paying out for what becomes nothing more than paying to have letters after your name and the monthly mag. It does not make you do your work correctly

Posted on 07/09/11 15:37 in reply to Vincent Lavery.

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Simon Perrott
The determining factor will be like speeding, what's the actual chance of being caught?
Last month (August) I saw a property owner kick off a qualified fire engineer to bring in an "expert" who was giving fire advice without any training or qualification. By saying the client didn't need sounders but could rely on an old PA system, saying voids didn't need smoke detectors and that anyone can put in a vesda system, the client has saved thousands.
He'll probably get away with it too

Posted on 16/09/11 12:59.

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