Paul,

Can you add to the prosecutions file please.

 

Thanks,

Ken

 

 

Message sent on behalf of Tim Moss, Leicestershire FRS

If you have any queries please contact Tim using the contact details below

Tim Moss M.I.Fire E.
Group Manager Fire Protection
Leicestershire Fire & Rescue Service
Business 0116 2872241
Mobile 07800709827

A factory owner has been ordered to pay more than £52,000 in fines and costs after secretly converting part of his textiles mill into flats and breaking numerous fire regulations. The certificated building owned by Surjit Singh Johal (54) in St Saviour's Road, Leicester, had no working fire alarm and had blocked and damaged emergency escape routes. The work, to create a dozen flats, also had no fire certificate or planning permission, a court heard.

Proceedings were brought following a fire at the property on St Saviours Road Leicester on the 6 May 2005. Although the fire was outside the building, firefighters believed that the fire may have spread and entered the building to check. This led to the attendance of specialists from the Fire Safety Group being called in to examine significant contraventions in the Fire Safety measures within the premises. These included:

• Failure to provide an adequate fire alarm

• The fire alarm was inoperative with call points broken or missing

• Failure to provide and protect the escape routes

• The external Fire escape was broken and not securely fixed in place

• Walls had been constructed and rubble from building works was obstructing escape routes

• Work was ongoing to construct residential units within the building without permission

The situation was so dangerous a Prohibition notice was served with immediate effect to ensure the safety of those who had been working and sleeping within the building. However, this notice was subsequently breached by the owner. When Leicester City Council Building Control Officers carried out a visit in April 2006, they not only found construction of the flats had moved forward, but that two men were living in the flats. Prosecutor Michael Auty said:

"What greeted them on that occasion was a number of flats on the first floor; one of those unlocked had two men in it who were in separate beds watching a flat-screen television."

Johal was called to the factory to explain and he "pleaded" with the council officers not to tell the fire authority. When the fire authority questioned him he said people sometimes broke in and slept in the building.

At an earlier hearing, Johal admitted seven charges of contravening fire certificate requirements, between 1995 and 2005. He admitted failing to maintain a means of escape and making a structural alteration without notifying the fire and rescue authorities of building works. He also admitted obstructing a fire exit door with combustible material, failing to fit a fire resistant door, failing to ensure a means of escape was free from obstruction and failing to ensure a fire alarm was in efficient working order. Johal also admitted contravening a prohibition or restriction notice by using the factory premises for sleeping accommodation.

Judge Ian Collis said he believed Johal was fully aware of his responsibilities and had a duty to protect people in the factory, neighbours and firefighters having to tackle any future blazes at the factory. He said: "You were out to make money without going through the proper channels. "There are similar cases I have had to deal with where people have been badly injured because of breaches of health and safety rules."

Johal, who was first warned about his factory after a fire there in 2001 was fined £16,000 for disobeying the prohibition order and £4,000 for the fire regulation breaches. He was ordered to pay £32,705 costs. He has been given 12 months to pay.

Speaking after the case, Tim Moss, Fire Protection Group Manager said:-

‘Leicestershire Fire and Rescue Service seek to engage with businesses in assisting the owners or identified responsible persons to meet their obligations under fire safety legislation. While we are the enforcers of the legislation, we will endeavour to help people to comply and manage their risk.

The visit by the Fire Safety Group on the 6 May revealed significant deficiencies in fire safety. Had it not been for the excellent work of firefighters preventing the fire from spreading to the building we could have had a significant loss of life, as there were in excess of 50 people working in the building at the time. The owner then breached the prohibition notice by allowing people to sleep on the premises leading to yet more lives being placed in jeopardy.

Leicestershire Fire and Rescue Service are pleased that the Judge, when summing up, made it clear that fire regulations are serious and must be complied with. The Judge also noted that as a business man and the owner of the premises, the defendant was clearly responsible for ensuring compliance with fire safety legislation.’

Rick Taylor Head of Community Risk Management said: -

‘Current fire safety legislation is designed to assist employers, owners and occupiers of buildings to manage risk according to their own risk assessments, our role is to ensure those risk assessments are suitable and sufficient. The safety of the public is our primary concern. Leicestershire Fire and Rescue Service will continue to utilise all the powers available to us in enforcing fire safety legislation.’