Residential care homes ‘routinely’ breaching fire regulations 07 July 2011

Care homes are routinely breaching fire safety legislation and putting thousands of elderly and disabled residents at risk, says a report in the Guardian.

135 care homes were the subject of enforcement action by fire and rescue services between January 2010 and March 2011, according to responses to freedom of information requests from 37 out of 46 fire services in England.

Hazards included inadequate alarms, blocked escape routes, damaged and dangerous equipment and untrained staff.

About 90% of the homes concerned are privately owned, the vast majority by small, one-home operators, says the article.

Residential care homes are increasingly under financial pressure as a result of the squeeze by local authorities on the fees they pay them.

Responding to the news, a spokesperson for the Alzheimer’s Society said older people, especially those with dementia, need more time to understand what is happening around them and to negotiate fire exits.

One manager, who took charge of a care home after it had been issued with an enforcement notice, told the newspaper that staff often do not understand the risks involved:

“When I first took over the home, there were no risk assessments or training in fire safety. Staff and residents often have no idea what to do in the event of the alarm sounding and stand there looking at one another. Many aren’t able to detect from the fire alarm panel whereabouts in the building the fire is located.”

In March this year, additional guidance for operators of residential care premises was published to enhance existing government guidance. In April, a fatal accident enquiry in Scotland concluded that some or all of the deaths of 14 residents at the Rosepark care home fire in 2004 were avoidable.

Residents evacuated from West Lothian care home

Around 20 elderly residents have been evacuated from their sheltered care home in Scotland, after a fire hit the establishment on Sunday (July 2nd).

Lothian and Borders Fire and Rescue Service sent five fire engines to Ochilview Court at 8.40pm, shortly after the blaze started, according to IC Lanarkshire.

A spokeswoman for the fire and rescue service told the news provider that no one was hospitalised due to the fire, although paramedics were called.

“On arrival an ambulance was requested to check some of the residents who it was thought may have inhaled smoke from the fire,” she said.

A suitable and sufficient fire risk assessment must be conducted on all sleeping accommodation in Scotland, under the Fire (Scotland) Act 2005.

If the fire risk assessment is not carried out to a suitable extent, the Duty Holder can face a fine or a spell in prison.

Warning on fridge-freezer fire risk after tower block blaze 05 July 2011

London Fire Brigade has issued an urgent warning about the fire risk of certain fridge-freezers, following confirmation that a blaze last week in a London tower block was caused by a faulty appliance.

Beko fridge-freezers manufactured between January 2000 and October 2006 are at the centre of the safety warning, and it is thought as many as 500,000 could be in use. London Fire Brigade say there have been 20 fires in the capital alone involving the fridge freezers since 2008, which have seen one person die and 15 people injured.

Owners of the appliances are asked to contact Beko on 0800 009 4837. A list of faulty model numbers can be found here. The same recall applies to a model badged LEC fridge freezer.

Last week’s fire, which was originally thought to have been caused by a lightning strike, damaged part of a flat on the 17th floor of a tower block in south London.

Over the last three years, fire investigators have been working to establish the link between a faulty defroster timer switch on the appliances and a number of house fires. The problem occurs when water gets into the defrost timer switch in the fridge freezer, which can lead to an electrical malfunction resulting in plastic components and other highly flammable insulation inside the appliance catching fire.

The fire service formally alerted Beko to the problem in June 2010, and the manufacturer has been trying to locate the products to remedy the fault.

“Any fire can be lethal, but the London Fire Brigade is particularly concerned about this because fires involving any sort of fridge-freezer develop rapidly and produce an enormous amount of toxic smoke,” said assistant commissioner for fire safety regulation, Steve Turek.

“Expert fire investigators have had to work for a long time to confidently establish these faulty fridge-freezers as the cause of a number of serious fires. Having established this link, we have worked closely with Beko to ensure the public is kept safe.”

Mr Turek urged everyone who has a Beko fridge-freezer to check it is not one of those highlighted by the company as potentially faulty, and reminded everyone to make sure they have a working smoke alarm in their house.

In a statement, Beko plc said that since becoming aware of the issue, the company has been working to identify the fault and the best method of reaching all affected consumers to arrange a modification.

“We are working with a major electronics retailer to contact owners of these products and carry out a free of charge modification to replace the defrost timer. We have adopted a phased approach which allows us to make maximum use of their resource. This allows us to quickly identify which products are affected and have the modification carried out.

“As a result of this ongoing activity we have mailed over 200,000 owners and have successfully located and modified 11,000 units.”

Beko recall notice

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Building managers fined £100,000 after failing to act on fire risk assessment

The managing agent of a block of flats in London has been fined £100,000 and ordered to pay almost £13,000 in costs after pleading guilty to breaches of fire safety law.

Douglas and Gordon Ltd pleaded guilty to three breaches of the Regulatory Reform (Fire Safety) Order 2005 at Southwark crown court on 29 June. The leasehold owner of the premises in Gloucester Terrace, Paddington, Atomlynn Ltd, was fined £33,000 after pleading guilty to one offence under the Order and ordered to pay costs of £6,440.

Following a fire in one of the flats, London Fire Brigade carried out an audit of the communal areas. Officers found a number of fire safety breaches which included a failure to install a fire alarm system and a failure to ensure that the electrical intake cupboard was locked.

A fire risk assessment had been carried out but the managing agent and leaseholder had failed to act on its significant findings, said London Fire Brigade. These included the failure to make an emergency plan, ensuring that fire doors were self-closing and installing emergency lighting.

Assistant commissioner for fire safety regulation, Steve Turek, said: “London Fire Brigade will continue to take action against managing agents, lease owners or landlords who do not take their fire safety responsibilities seriously. Failure to comply with the law can, as this case has shown, result in a prosecution.”

In a statement issued following the sentence, Douglas and Gordon Ltd (D&G) said:

“D&G and its legal and technical advisors were surprised at the level of the fine as they believed the breaches represented a low level of risk, the avoidance of which is the central criteria for implementing fire precautions under the Order.

“The introduction of the Order has caused difficulties for landlords, managing agents, consultants and enforcing authorities alike when it comes to applying the legislation to blocks of flats like Gloucester Terrace. This was demonstrated by the five separate fire risk assessments D&G commissioned for the building, all of which provided different advice. We welcome the Government’s commitment to the provision of new national guidance on fire precautions in blocks of flats, which will be developed by CS Todd & Associates Limited.”

The company added that since 2008, it has worked to ensure that all of the 150 properties it manages are compliant and that its clients are properly advised of their responsibilities.
At Premier Fire and Safety we can ensure you do not end up in a court of law by providing our clients all the documentation and advise needed to be compliant with the law

Landlord pays out nearly £8,000 for fire safety failings at HMO flats

A landlord of a block of flats has pleaded guilty to five contraventions of the Fire Safety Order (2005).

Appearing at York Crown Court for sentencing on 17 May following a hearing last month at Scarborough magistrates court, Ewan McFerren was ordered to pay £5,500 in fines and £2,400 in costs. He was using the property as an unlicensed HMO.

The breaches came to light following a serious fire at 14 New Queen Street, in Scarborough.

Fire investigators found he had failed to take general fire precautions and that there was an inadequate fire risk assessment, as well as a lack of fully functioning fire alarm and fire detection system. There was also a failure to maintain general fire provisions and a serious and imminent danger to tenants due to a lack of information about fire safety procedures, the court heard.

Karen Galloway, prosecuting, said: “The fire and rescue service’s decision to prosecute was not taken lightly and this measure is only taken in the most serious cases. The responsible person is always in a position of authority; their lack of actions should have been foreseeable to prevent, in the event of fire, persons being put at risk of death or injury.

“The contraventions in this case were serious and would have continued had the fire authority and Scarborough Borough Council not acted immediately by serving a prohibition notice on the responsible person.”

The fire, on 25 May 2010, started on the ground floor flat at the property. Occupants of the remaining four flats were only made aware of the fire by passersby shouting up at the windows, according to Richard Hanley, North Yorkshire Fire and Rescue Service station manager.

“The majority of business premises that we visit under our audit schedule are well-managed; however, we continue to find buildings where the legislation does apply, which do not have adequate fire risk assessments or fire safety provisions, said Mr Hanley. “The conviction of Mr McFerren on this matter shows how seriously the fire authority and the courts view those who put the safety of others at risk in the event of a fire.”