The consequences of breaching fire safety law can be serious and result in hefty fines, and in more severe cases may lead to a custodial sentence, especially if someone is injured.
Failure to comply with fire safety regulations can also cause reputational damage to businesses, and as such, compliance with the law is extremely important.
If, for whatever reason, you believe you may be investigated or face charges regarding fire safety offences, it is crucial to instruct a solicitor at the earliest opportunity.
Expert legal counsel is invaluable when the reputation of you and your business are at stake, in addition to potentially large financial losses to pay fines.
Other possible outcomes from a fire safety investigation could lead to prohibition or enforcement notices being served by Local Authorities or the Health & Safety Executive (HSE). Prohibition notices will require you to stop specific elements of business operations until the risk is removed or controlled, while enforcement notices will provide steps to remedy the breach.
Our award-winning regulatory defence solicitors can help to you to ensure compliance and protect your business’ interests, assets and reputation. Reach out for guidance relating to regulations and for advice on your circumstances.
Call us on 0161 969 3131 or fill in this contact form and we will be in touch as soon as possible.
Appointing a “Responsible Person”
Every business operating in a non-domestic building must appoint what the Regulations refer to as a “Responsible Person”. This individual has the duty of putting into place compliant fire and safety regulations that aim to reduce risks in the specified environment.
The Responsible Person must complete risk assessments in line with fire safety law, and ensure that these are reviewed and updated regularly.
It is the Responsible Person’s duty to ensure that all staff know how to escape in the event of a fire and where the meeting point is.
Depending on the type of premises your business operates in, there may be one or more Responsible Persons. If there are multiple, they should ensure their fire safety and fire escape plans are coordinated.
The Regulatory Reform (Fire Safety) Order 2005
Fire safety laws are governed by the Regulatory Reform (Fire Safety) Order 2005. The general precautions which should be taken in order to comply with this include measures to, or in relation to:
- Reduce risk of fire and risk of spread of fire on the premises
- Identify and communicate the means of escape in the event of fire
- Ensure the escape route can be safely and effectively used at all times
- The means of fighting fires on premises
- Means for detection and warning of fire on premises
- Training and instruction of employees
- Mitigating the effects of a fire
It is a criminal offence to fail to fulfil the following:
- Appointing a “Responsible Person”
- Suitable and sufficient, up to date risk assessment
- Always keeping emergency exits clear
- Regular testing of fire safety tools and equipment of premises with firefighting equipment
- Evident measures to reduce the risk of fire
- Safety precautions relating to cladding
This list is not exhaustive and so we strongly advise seeing expert support to ensure full compliance and guidance throughout any HSE visits or investigations. Additionally, your building or indemnity insurance may be invalidated by failure to produce a risk assessment in the event of a fire.
It is important to remember that as well as failure to comply with regulations, if a fire does occur which leads to injury of any kind to employees, you and your business could face serious criminal charges.
At Slater Heelis, we have an excellent track record in dealing with these legal matters, such as the below case study.
Hannah Costley, with Counsel, defended a letting agent company and individual in a multi-count indictment alleging Fire Safety offences at a 7-floor tower block over 18 metres in height. Offending spanned four years and related to breaches of enforcement notice and breaches of fire safety measures, including compartmentation, dry riser and fireman’s lift.
The legal argument led to negotiation on the indictment such that satisfactory guilty pleas to breaches of Article 32 (1)(d) of the Regulatory Reform (Fire Safety) Order 2005 were entered by both the company and the individual. In R v Butt EWCA Crim 1617, the Court of Appeal set out the correct approach to sentencing in fire safety offences, highlighting the specific danger that fire poses such that severe penalties should be imposed adopting the highest level of harm due to risk of death or serious injury. Hannah and Counsel successfully mitigated such that a Conditional Discharge was imposed on the individual defendant and a financial penalty for the company.
“I cannot thank Hannah enough for helping me through what has so far been the most difficult time of my life. Hannah was always available, kept to the appointments and was extremely punctual and professional for the two years in which we worked together. Hannah worked tirelessly to go through the in-depth evidence submitted by the prosecution, leaving no stone unturned and preparing a strong defence for me so that this could be resolved with a result which worked for me. I am thankful for everything and am glad I chose Slater Heelis and was given Hannah in my corner!”