‘13 Bedford Square Limited’ fined £4,000 due to fire safety-related offences

The Regulatory Reform (Fire Safety) Order 2005 requires the ‘Responsible Person’ to ensure the safety of building occupants by having effective fire safety arrangements in place including carrying out a suitable written fire risk assessment, implementing (and maintaining) fire precautions and providing staff training.

The Fire Safety Order mandates identifying risks, maintaining equipment, ensuring clear escape routes and reviewing risk assessments on a regular basis.

Fire safety Enforcement Notices are legal documents issued by Fire Authorities when a premises fails to comply with safety regulations, in turn posing risks to occupants. They’re used to mandate, within specific timeframes, necessary improvements that must be made.

On 2 November 2022, a complaint was received by the East Sussex Fire and Rescue Service regarding fire safety deficiencies at the Grade II-listed property in Brighton, which had been converted into flats. An urgent inspection was carried out and interim safety measures put in place to enable residents to continue to sleep at the property.

The premises was subsequently audited by fire safety inspecting officers whereupon several non-compliances with benchmark fire safety standards were identified. This included the absence of a fire risk assessment, insufficient protection to the means of escape (presenting a risk to residents evacuating in case of fire) and a failure to adequately maintain the fire detection and warning system. Due to the serious nature of the deficiencies, a formal Enforcement Notice was served with deadlines set for compliance.

At subsequent inspections to establish whether the Enforcement Notice had been addressed, it was found that a fire risk assessment was not completed on time and work required to the internal fire resisting doors had not been done.

Failure to comply with any requirement imposed by an Enforcement Notice is an offence under Article 32(1)(d) of the Fire Safety Order 2005. It’s also an offence under Article 32(1)(a) for any ‘Responsible Person’ to fail to comply with any requirement or prohibition imposed by Articles 8 to 22 and 38 (fire safety duties) where that failure places one or more relevant persons at risk of death or serious injury in the event of a fire.

Legal responsibility

‘13 Bedford Square Limited’ pleaded guilty to fire safety offences at Brighton Magistrates’ Court on 8 December last year. The company accepted that it had failed to comply with an Enforcement Notice served by the East Sussex Fire Authority requiring improvements to fire safety measures. Brighton Magistrates’ Court issued the £4,000 fine on 9 April.

East Sussex Fire and Rescue Service station manager and legal and enforcement lead Jake Kaye said: “Those in charge of fire safety have a legal responsibility to carry out and record a fire risk assessment. Good management of fire safety is essential to make sure fires are unlikely to occur and, if they do, that they’re likely to be controlled or contained quickly, effectively and safely. It’s vital that everyone can escape to a place of safety easily and quickly when necessary.”

Kaye continued: “Maintaining fire detection and warning systems is key, as is providing a protected route for occupants to leave the building when an alarm sounds. Premises that have been converted into flats and have shared common parts such as corridors and stairways are often lacking a fire risk assessment. This is regarded as a widespread problem by the Fire Authority. It’s fundamental to how the ‘Responsible Person’ will identify what they need to do to prevent fire and keep people safe.”

In conclusion, Kaye noted: “Those responsible for fire safety in premises are reminded of the consequences of not complying with their legal obligations or not complying with the requirements detailed within any Enforcement Notices issued by our fire safety inspecting officers.”

George O’Reilly (assistant director for risk reduction at the East Sussex Fire and Rescue Service) explained: “I would like to thank Brighton Magistrates’ Court for its time and deliberations on this matter as well as my legal team and staff for their efforts in bringing this case to a successful conclusion.”

Further, O’Reilly said: “East Sussex Fire and Rescue Service is legally required to enforce the requirements of the Regulatory Reform (Fire Safety) Order 2005. We take this responsibility seriously and will not hesitate to take legal action against anyone responsible for placing people at risk of death or injury from fire due to their failure to meet the requirements of this legislation.”