Two Lancashire businessmen have been fined more than £18,000 following a fire in Preston which left three people trapped.
Winston Barrett and Paul Milner appeared in Preston Magistrates Court and pleaded guilty to six counts of breaching fire safety regulations.
The fire which broke out at flats 22-28 New Cock Yard in January 2009 were the result of a malfunction with a sauna on the first floor. The three residents asleep in the attic rooms had no safe escape route to get clear of the building. One tenant managed to climb onto the roof and two escaped through a window but became trapped in an enclosed yard.
Lancashire Fire and Rescue managed to rescue the tenants following a dramatic operation.
Warren Spencer, prosecuting on behalf of Lancashire Fire and Rescue said: “Residents of the flats should have had a defined escape route, protected from the effects of smoke and fire by 30 minute fire doors. The landlords had made no such consideration, with no clear escape route. Tenants on the upper floor were trapped by the fire and if it wasn’t for the brave actions of Lancashire Fire and Rescue Service, we could have been dealing with three fatalities.”
Barrett and Milner pleaded guilty to failing to make a suitable fire risk assessment, not using adequate fire doors, having no adequate fire escape route, having no fire drill or evacuation procedure, lack of fire escape signage and not installing any emergency lighting.
Warren Spencer, Managing Partner of Blackpool solicitors Blackhurst Budd LLP and one of the North West’s top specialists in fire safety law said: “This case should be taken as warning for any property landlords or business where there is multiple occupancy. The fire services are cracking down on any breaches of fire regulations and since new legislation came in, in October 2006, they have new powers to ensure these breaches are punished.”
He added: “Before 2006 I was involved with just four cases. In the last 3 years, under the new regulations, I have been involved in over 40 successful prosecutions.”
According to Mr Spencer, the new legislation put the onus firmly on the business or organisation to take a proactive approach to fire prevention and protection. Those potentially causing fire risks are now responsible for controlling them.
Warren said: “The RRO 2005 has made fire legislation more like health and safety legislation by placing much greater emphasis on risk assessment and control. The fact that the premises may have had a ‘fire certificate’ is now irrelevant. The fact that the cost of installing the necessary safeguards may be high will not excuse breaches of the legislation.”
Over the coming year Warren believes the rate of prosecutions will rise as the courts become more experienced with using the new legislation and his advice is to get on top of these regulations or face serious consequences.
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