Cornwall Fire & Rescue Service Newsdesk

at 21/10/2008 17:11

On 16th October 2008, Mr Beverley Andrew, manager of Membly Hall Hotel, Cliff Road, Falmouth entered a guilty plea at Camborne Magistrates Court for failing to comply with a Prohibition Notice issued on 20th September 2007 under Article 31 of the Regulatory Reform (Fire Safety) Order 2005.

When Fire Officers from Cornwall County Fire Brigade visited Membly Hall Hotel to carry out an audit on 20th September 2007, they found numerous problems. These included the discovery that outside four of the rooms there were keys in Perspex boxes fixed to the wall. Mr Andrew informed the Fire Officers present that in the event of a fire, access to the external fire escapes was through these four guest bedrooms. Escapees would have had to smash the boxes and use the keys to open the bedroom doors, and then escape through the bedrooms.

Having to find a key in order to open a bedroom door to escape had the potential for serious confusion and delay. Aggravating the risk was the absence of any procedure for ensuring that when the rooms were occupied, guests’ items in the rooms would not obstruct the vital escape routes through these rooms. Should a fire occur, any delay in entering the rooms, and passing through them, would increase the risk of death or serious injury to escapees.

On entering one of the rooms, Fire Officers found the window escape was less than a full height door, requiring thereby someone of average height to stoop in order to escape. A step was provided onto the window sill. Should a fire occur the delay due to having to negotiate the step aggravated the danger from the delay caused by the restricted window escape, and resulted in a risk of death or serious injury.

This was coupled with the fact that there was an inadequate automatic Fire Alarm system, and that Mr Andrew confirmed that the Premises was not staffed at night. This would have resulted in no proper supervision of escapees in the event of fire creating the potential for panic. The effective application of an emergency plan in a fire situation is essential to ensure the timely escape. Without adequate supervision, guests have to evacuate unaided in an emergency.

The Fire Officers therefore issued a Prohibition Notice, restricting the use of the four rooms in the hotel.

In addressing the specific circumstances present on the Premises, the Notice prevented the use of the four bedrooms. This would allow these bedroom doors to remain unlocked and the absence of guests in the rooms would ensure the escape routes through them were kept clear of obstructions. These measures would crucially enable more rapid access to the external fire escapes. The measures were necessary as the Fire Brigade was of the opinion that the risk of serious personal injury was imminent and the restriction was to take effect immediately.

On returning at 2350hrs on the same day to check compliance of The Notice, the officers discovered that the Notice previously fixed to the main entrance door to the hotel had been removed. The inspection disclosed that the Notice was not being complied with. The keys to the four rooms were still in place in the boxes. An Officer tried to open the doors to the rooms but they were locked shut and could not be opened without the use of a key. As there was no management on the Premises at night, the officers decided not to knock on the doors as they considered that this might cause panic to the guests, who would be without any assistance from the hotel management.

The failure of Mr. Andrew to comply with the Notice on 20th and 21st September 2007, therefore, placed guests in The Premises at risk of death or serious injury had a fire occurred.

Mr Andrew was fined £1500 and ordered to pay £500 towards the Fire Brigade’s costs.

Deputy Senior Staff Officer Kevin Thomas commented, “The Fire Brigade only issues Prohibition Notices in the most serious of cases, of which we considered this was one. However, we must credit Membly Hall Hotel with the fact that since this incident they have spent considerable time and money working towards compliance under the Regulatory Reform Fire Safety Order.”

Related item: http://www.cornwall.gov.uk/index.cfm?articleid=1391