Paul,

If not already done so, can you add this to the prosecution file please.

 

Thanks,

Ken

 

 

Message From Northamptonshire Fire and Rescue Service (NFRS)

The landlord of an HMO (House in Multiple Occupation) was fined £20,000, plus costs of over £1,900, after pleading guilty on the 6th June 2008 to four charges relating to inadequate fire safety standards and management.

Proceedings were brought against Mark Henderson Badenoch following two separate fires in the premises in August and September 2007.

The four offences were under the Regulatory Reform (Fire Safety) Order 2005 and are listed below:

1st Offence

That between 13th February 2007 and 26th September MARK HENDERSON BADENOCH being a responsible person or a person who had control of premises at 1-1b East Street Northampton did fail to make a suitable and sufficient assessment of the risks to which relevant persons were exposed for the purpose of identifying the general fire precautions he needed to take to comply with the requirements and prohibitions imposed on him by or under the Regulatory Reform (Fire Safety) Order 2005, the failure having placed one or more relevant persons at risk of death or serious injury in case of fire.

Contrary to articles 9(1), 32(1)(a) and 32(3) of the Regulatory Reform (Fire Safety) Order 2005 and Section 1 of the Regulatory Reform Act 2001

2nd Offence

That between 13th February 2007 and 26th September 2007 MARK HENDERSON BADENOCH being a responsible person or a person who had control of premises at 1-1b East Street Northampton did fail to give effect to arrangements appropriate to the size of his undertaking and the nature of its activities for the effective planning organisation, control, monitoring and review of preventative and protective measures in that the fire safety arrangements for the summoning of an engineer to repair the fire alarm system within those premises which were inadequate and unrecorded and the failure having placed one or more relevant persons at risk of death or serious injury in case of fire.

Contrary to articles 11(1), 11(2), 32(1)(a) and 32(3) of the Regulatory Reform (Fire Safety) Order 2005 and Section 1 of the Regulatory Reform Act 2001

3rd Offence

That on 29th August 2007 MARK HENDERSON BADENOCH being a responsible person or a person who had control of premises at 1-1b East Street Northampton did fail to comply with a requirement that there was inadequate smoke sealing on the door of Room 9 in the premises resulting in the 2nd floor escape route becoming smoke logged and it was therefore not possible for persons to evacuate the premises as quickly and as safely as possible, the failure having placed one or more relevant persons at risk of death or serious injury in case of fire.
Contrary to articles 14(1), 14(2)(b), 32(1)(a) and 32(3) of the Regulatory Reform (Fire Safety) Order 2005 and Section 1 of the Regulatory Reform Act 2001

4th Offence

That on 13th 16th 17th and 18th February 21st May 31st June 14th 21st 29th August 4th and 26th September MARK HENDERSON BADENOCH being a responsible person or a person who had control of premises at 1-1b East Street Northampton did fail to ensure that the fire alarm system at the premises was maintained in an efficient state, in efficient working order and in good repair, the failure having placed one or more relevant persons at risk of death or serious injury in case of fire.
Contrary to articles 17(1), 32(1)(a) and 32(3) of the Regulatory Reform (Fire Safety) Order 2005 and Section 1 of the Regulatory Reform Act 2001

Mr. Badenoch pleaded guilty to all four offences at Northampton Magistrates Court and was fined £5000 the (statutory maximum) for each offence, with additional costs of £1955.85.

The Magistrate commented that Mr. Badenoch’s early guilty plea, willingness to comply with the Fire Service investigation and subsequent compliance with the Enforcement notice had prevented this case being referred to the Crown Court.

The Magistrate in summary said” There could have been dreadful consequences; the residents were vulnerable victims with mental health issues.” “In my view there is no difference in the severity of the seriousness of the charges, because they are all important and all inter linked.”

Group Manager Baz Fox Head said “Northamptonshire Fire and Rescue Service operate a proactive Risk Based Inspection Programme in HMO’s in Partnership with the County Environmental Health Officers. We are totally committed to driving down risk in high risk premises and applying the law to help ensure the safety of our community.” 

"Prosecution is only considered in the most serious cases but this should be a reminder for all landlords within Northamptonshire, where relevant persons are put at serious risk because of non compliance, legal action will be taken against the responsible person(s).”.

The Regulatory Reform (Fire Safety) Order 2005 applies to nearly all premises, with the exception of single private dwellings. In HMOs, it applies to the common parts of the building, where the "responsible person" must ensure adequate fire safety standards and arrangements through a process of fire risk assessment.

NFRS attended 183 fires in HMO’s and flats during the year June 2007- June 2008. Of these 183 fires, 139 were accidental and 44 were deliberate resulting in 14 injuries and 1 fatality.

The Fire Protection department of NFRS completed 875 inspections of HMOs totaling 1417 hours during the year April 2007 to March 2008.

Appeal

On 30th July 2008 the appeal was heard at Crown Court.

The appeal was in respect of the size of the fines, Mr. Badenoch stating the fines were “grossly excessive”

Judge Charles Wide QC stated “had he been doing his job properly he would have seen there was a problem with the fire alarm”

The appeal was rejected and a further £1500.00 costs awarded.