FIA

Saturday 18 August 2007 is a day that will long live in the minds of those that survived the Penhallow Hotel fire in Cornwall.  This fire which killed three people is also likely to be remembered by the fire industry as one of the thankfully rare multiple fatality fires that have occurred in hotels or boarding houses in modern times.

Evidence in the press reports from the Coroner's Court appear to to suggest that the hotel:

• was out of date with regard to its fire alarm system, indeed a notice to improve things had been issued;
• lacked effective fire equipment at ground level;
• was deficient with regard to fire resistant glazing on doors and windows;
• had undergone modernisation over the years and this had created voids in the building allowing the fire to travel unchecked and undetected;
• had fire exits that were locked with small padlocks.

It will be interesting to see if the above alleged litany of 'fire defects' leads to a prosecution under the Regulatory Reform (Fire Safety) Order.  If it does not, in the FIA's opinion, it will be difficult to see what would justify such legal action, given the current wave of prosecutions for circumstances of a less serious nature that led to no loss of life?

The Coroner, Dr Carlyon, said at the inquest: "I intend to write to the Minister of Tourism to highlight to her the concerns raised by those at the inquest about the change in fire legislation and to self-regulation and the risk of future deaths, in particular at hotels and guesthouses, if insufficient measures are provided to support the investment in fire safety or to ensure compliance."

Yes fire legislation has changed, but under the preceding 'Fire Precautions (Workplace) Regulations' there was still the reqirement by the employer to carry out a fire risk assessment.  Although many of them did not, and relied upon the fire certificate issued under the (now repealed) Fire Precautions Act.  It is true that in the past small bed and breakfast operations with no employees were not caught by the 'old' regulations, but they are included in the Fire Safety Order and thus have to come into line with its requirements.  While this may be difficult in some cases, particularly for establishments that have not modernised their premises in many years, it is nevertheless necessary to meet the needs of the Order and the general expectation from society at large that when people stay in an hotel or boarding house they will be safe while they sleep.

The FIA believes that a three-pronged approach is necessary in future to avoid incidents of the same nature as that at the Penhallow Hotel:

• Inform - Government has a further role to play here in raising the awareness of SMEs, particularly those involved in sleeping accommodation to their responsibilities under the Fire Safety Order.
• Educate - Government has made a reasonable start here with its sector specific guidance documents, but there is also a role for trade associations, including the FIA and those involved in the sector such as the Bed and Breakfast Association, in dissemination of information and guidance.
• Enforce - Consistent sympathetic enforcement from the Fire and Rescue Services, in line with Cabinet Office Enforcement Concordat, is required for the Fire Safety Order to build upon its promising start.

The Penhallow Hotel fire has given the Tourism Industry a wake-up call with regard to fire but it may be assured that there are many people and organisations out there that can help if it is willing to talk to them so that progress can be made in complying with, what is, the law of the land.