Rank: New forum user
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Has anybody heard of a member of the public or a company being criminally prosecuted for deliberately interfering, removing or destroying fire equipment or an appliance?
For example, a sprinkler is activated locally over a cooker, staff check the area, everything is ok and all students have been evacuated safely so they turn the water off prior to the fire brigade attending.
Or another example, A student covers a smoke detector in their bedroom with a sock so they can smoke, fire occurs so the detector fails to operate until the fire has taken hold, again no injuries and everyone evacuated safely.
I work for a global company and in Australia they have legislation for this and company face fines but I have searched legislation/fire safety information in the UK but cannot find anything similar, just information on HSWA 1974 and RRFSO 2005.
Thanks. Sarah
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Rank: Super forum user
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This quote is taken from regulation 5 of RRFSO 2005
(3) Any duty imposed by articles 8 to 22 or by regulations made under article 24 on the responsible person in respect of premises shall also be imposed on every person, other than the responsible person referred to in paragraphs (1) and (2), who has, to any extent, control of those premises so far as the requirements relate to matters within his control.
(4) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—
(a)the maintenance or repair of any premises, including anything in or on premises; or .
(b)the safety of any premises, .
that person is to be treated, for the purposes of paragraph (3), as being a person who has control of the premises to the extent that his obligation so extends.
I would highlight the words tenancy or contract to which is should be covered by contract of employment or dutys of employees with regard the 74 act?
In ireland it is clearly written in legislation.
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Rank: Super forum user
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When I worked in University Student Accommodation we used tenancy alot- students were automatically fined and were referred to the proctor who would decide if they were evicted from the accommoadtion, and also if they could continue their studies, we found many socks covering detectors, a student went out to town for a party and left a chip pan on (Knowingly), numerous bin fires and theye didn't quite understand why we got uptight about it.
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Rank: Super forum user
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Hi Sarah, in the first example you have quoted, I suggest that the staff who stopped the flow of water over the cooker should be commended for their initiative, rather than prosecuted or disciplined. The volume of water from even a single open sprinkler head is considerable and it all has to go somewhere, finding its way down to the lowest level via all sorts of ways: electrical switchgear and conduits, under carpets, behind the plaster walling, through ceilings etc.
Your second example is a very different scenario as jodieclark's response illustrates.
From memory I have heard of prosecutions being brought by Fire Services but have no current access to specifics.
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Rank: Super forum user
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There are National Enforcement Registers--unique national registers where Fire and Rescue Services (FRS) can publicly display the details of enforcement action taken in line with their statutory responsibilities. There are 3 registers
http://www.cfoa.org.uk/11822
It is doubtful you will be able to drill down to the level of detail you need as prosecuting individuals is not a smple matter and it is easier and more staightforward to prosecute the employer/person in chagre of the premises. What one need is a robust system for dealing with violations by students. That is the landlords responsibility.
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