Fighting fires
A fire in tower block in south-east London this summer has highlighted the responsibilities of some local authorities in relation to safety and the need to implement effective measures, according to Nick Wilson.
On 3 July 2009, a fire swept through Lanakal House, a 12-storey tower block in Southwark, south-east London, claiming the lives of six people and hospitalising many more. Such was the intensity of the fire over 100 fire-fighters and 18 fire engines attended the scene. Initial reports suggested the cause of the fire was an electrical fault in a room on the ninth floor although the investigation into the cause and spread of the fire continues.
As a consequence Southwark Council now finds itself at the centre of what has become a highly complex investigation led by the Metropolitan Police with assistance from other agencies including the London Fire Brigade, London and Fire Emergency Planning Authority (LFEPA) and the Health and Safety Executive. But what are the wider ramifications of this incident to councils that manage their housing stocks and what can they learn from this tragic incident?
Legal duty
The Regulatory Reform (Fire Safety) Order 2005 (the RRO) places a clear statutory responsibility for the safety of people from fire in premises – including those in multiple occupation – with the “responsible person”. Those with the responsibility are required to carry out a fire safety risk assessment and to implement and maintain appropriate fire safety arrangements to minimize the risk to life in the event of a fire.
This responsibility extends to councils which act as landlords in the public sectors. Whilst some councils have appointed housing associations to manage their properties and take on the role of the responsible person, others have retained responsibility. Local Fire and Rescue Authorities (FRA) are the primary enforcing authorities for the majority of premises covered by the RRO. (Other legislation that makes significant requirements for fire precautions in tower blocks includes the Building regulations 2000 and the Housing Act 2004.)
The fundamental requirement of the RRO is to take measures to reduce the risk of fire and the risk of the spread and measures in relation to the means of escape from the premises. A fire risk assessment of communal areas describing the precautions to be taken must be carried out and made available for inspection. Communal areas in tower blocks include main stairways, escape stairways, access corridors, lift lobbies, storage cupboards, car parks and garages (not exhaustive).
The failure of Southwark Council to produce fire risk assessments for properties similar to Lanakal House was one of the breaches cited in enforcement notices served upon them by LFEPA in August 2009. These notices have since been complied with.
Take action
Of course a fire risk assessment without proper monitoring and review of the preventive and protective measures serves little purpose. Regular visits and inspections of common areas must be undertaken by competent persons to ensure, where appropriate:
- sources of ignition (electrical, smoking, arson) are properly controlled
- housekeeping is adequate
- combustible materials are not allowed to accumulate
- escape routes are clear with adequate signage and lighting
- fire detection systems and alarms (where fitted) are maintained
- rising mains, fire fighting apparatus and sprinklers (where fitted) are tested
- self-closing devices on doors function properly
Councils should also review the information and guidance provided to residents on the prevention of fire and the action to take in the event of a fire. Periodic home visits with the local FRA should be made to engage the interest and co-operation of tenants and the role they can play in fire prevention.
Councils should also like to consider the benefits of drawing up a concordat with their local FRA to provide a framework for investigative and enforcement procedures and practical working arrangements. They do, after all share the same goals.
Conclusion
Whether the investigation reveals any underlying failings by Southwark Council as causative of the fire remains to be seen. It is not the purpose of this article to speculate on the outcome of the investigation or inquest.
What is clear, however, is that this tragic incident has brought a timely reminder of the devastating effects fire can have in a multi storey building and the responsibilities owed by persons defined in the RRO. A criminal investigation is now underway.
All councils, irrespective of whether they are the responsible person or not, should now review arrangements made under the RRO to ensure that effective planning, organization, control, monitoring and review of the preventive and protective measures is in place.
Nick Wilson is a health and safety consultant at Weightmans.
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