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Download Notice 786-C4300032 91Kb - Welcome making Hampshire

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Download Notice 786-C4300032 91Kb - Welcome making Hampshire

    Hampshire Fire and Rescue Service

    ;;;;;;;;;;;;;;;;

    Hampshire Fire and Rescue Service Recorded Delivery

    Service Delivery (Community Safety Delivery) The Company Secretary

    South West Protection Area Westover Hall Hotel Ltd Walnut Grove Park Lane Millbrook Milford On Sea Southampton LYMINGTON SO16 4GZ Hampshire SO41 0PT Tel: 023 8077 6411

     Fax: 023 8077 6565

Date: 24 April 2008

    Enquiries To: Mr George My Reference: F6/CG/CW/C4300032

    Extension: Your Reference:

Dear Sirs

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

    WESTOVER HALL HOTEL, PARK LANE, MILFORD ON SEA, LYMINGTON

    The Hampshire Fire and Rescue Authority ( “The Authority” ) is the enforcing authority, under Article 25 of the Regulatory Reform (Fire Safety) Order 2005 ( “The Order” ). Following a fire safety audit of the above

    premises by one of my inspectors on 5 March 2008, I confirm that the matters and steps specified on the attached schedule need to be carried out to remedy your failure to comply with the above legislation.

    The attached Enforcement Notice is a legal requirement to which you have a right of appeal to a Magistrates’ Court. Your attention is drawn to the notes that accompany this notice.

    For the purposes of identifying the measures to be taken to comply with the relevant legislation, information on how to carry out a fire risk assessment has been published by HM Government in the form of a series of Fire Safety Risk Assessment Guides for different uses of premises. These are available as a free download at http://www.firesafetyguides.communities.gov.uk or can be purchased at bookshops.

    The Fire and Rescue Authority considers that the steps detailed in the attached schedule will achieve a satisfactory standard of fire safety in the premises. Alternative ways of achieving an equivalent standard may be available and any request for the Fire Authority to consider alternative proposals should be submitted in writing as a matter of urgency. Additional time is unlikely to be allowed for completion of any alternative proposals unless such requests are received promptly.

This notice is issued without prejudice to any legal action which may be taken regarding these failures.

    Cont/....

    - 2 -

If you are in any doubt as to the obligations placed upon you, or there is any relevant matter upon which you

    require clarification, you may write to me direct, or alternatively telephone your enquiry to the inspector

    named above.

Yours faithfully

for Chief Officer

cc Community Safety Support (Enforcement Support Team) SHQ

Enc:

    Enforcement Notice

    Schedule to Enforcement Notice

    Notes and Standard Terms and Definitions

    Enforcement Notice Number786/C4300032

    HAMPSHIRE FIRE AND RESCUE AUTHORITY

    ENFORCEMENT NOTICE

    NOTICE REQUIRING STEPS TO BE TAKEN UNDER ARTICLE 30 OF THE REGULATORY

    REFORM (FIRE SAFETY) ORDER 2005

Name: Westover Hall Hotel Ltd

    Address: Westover Hall Hotel, Park Lane, Milford on Sea, Lymington, Hampshire, SO41 0PT

    I Antony Deacon, Group Manager on behalf of Hampshire Fire and Rescue Service, Leigh Road, Eastleigh, Hampshire SO50 9SJ (Telephone No. 023 8064 4000), hereby give you notice that the Fire and Rescue Authority are of the opinion that, as a person being under an obligation to do so, you have failed to comply with the requirements placed upon you by The Regulatory Reform (Fire Safety) Order 2005 in respect of the above named premises, and any persons who is or may be lawfully on the premises, and any person in the immediate vicinity of the premises who is at risk from a fire on the premises.

    The matters which, in the opinion of the Fire and Rescue Authority, constitute the failures to comply with The Regulatory Reform (Fire Safety) Order 2005 are specified in the Schedule to this Notice.

    The Fire and Rescue Authority are further of the opinion that the steps identified in the Schedule to this Notice, which form part of the notice, must be taken to remedy the specified failures to comply with The Regulatory Reform (Fire Safety) Order 2005.

    Unless the steps identified in the Schedule to this Notice have been taken by 22nd October 2008, you will be deemed not to have complied with this Notice and the Fire and Rescue Authority may consider a prosecution against you for any outstanding requirement, or requirements, imposed by this notice. You may, however, apply for an extension to this time limit. (See the attached notes).

    You have the right to appeal against this notice (see notes), by way of complaint for an order, to the Clerk to the Court of the Magistrates’ Court acting for the petty sessions area in which your workplace is located. If

    you wish to bring an appeal, you must do so within 21 days of the date this Notice is served on you. The Magistrates’ Courts Act 1980 will apply to the proceedings. The bringing of an appeal shall have the effect

    of suspending the operation of this Enforcement Notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

     th Date ..24 April 2008.................... Signed ................................................................

     (On behalf of and duly authorised by

     the Hampshire Fire and Rescue Authority)

    Sheet 1 of 5

    SCHEDULE REFERRED TO IN ENFORCEMENT NOTICE NO 786/C4300032

    REQUIRING STEPS TO BE TAKEN UNDER ARTICLE 30 OF THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005 ISSUED BY THE HAMPSHIRE FIRE AND RESCUE AUTHORITY th APRIL 2008 ON 24

    Name and Address of Premises: Westover Hall Hotel, Park Lane, Milford on Sea, Lymington, Hampshire, SO41 0PT

Where appropriate, a plan may form part of this schedule to illustrate the steps which, in the opinion of the

    Fire and Rescue Authority, need to be taken in order to comply with The Regulatory Reform (Fire Safety)

    Order 2005.

Note: Notwithstanding any consultation undertaken by the Fire and Rescue Authority, before you make any

    alterations to the premises, you may need to apply for approval from either the Local Authority Building Control or an Approved Inspector and/or the approval of any other bodies having a statutory interest in the

    premises.

    SCHEDULE

    The location and details of matters which are considered to be failures to comply with the Regulatory Reform (Fire Safety) Order 2005 are detailed as follows:

    (1) Risk Assessment

    Failure

    Where five or more persons are employed or a licence under an enactment is in force in relation to the

    premises, the significant findings of the fire safety risk assessment, including any measures which have been

    or will be taken have not been recorded.

Legislation Applicable

    Article 9 (6) (a) & (b) and (7) (a) & (b) of the Regulatory Reform (Fire Safety) Order 2005

Steps to Remedy the failure

    The following significant findings of the risk assessment and/or persons being identified as being especially

    at risk must be recorded.

1 Lack of fire detection within the alternate escape route from the second floor loft apartment.

    Continued/....

    Sheet 2 of 5

    (1) Risk Assessment (continued)

    Remedy (Continued)

    2 The protected staircase enclosure is compromised due to breaches in fire resisting structure from cables and

    pipes for the air conditioning system.

    The raking ladder is not suitable for public use from the loft apartment.

    The electrical consumer units within the staircase enclosure and escape routes were not enclosed.

    There was no fire door on the wash up room on the ground floor.

    Ice making machines were placed and working within the escape route in the basement.

    Fire safety measures are not being maintained, staff not locking linen cupboard doors, staff holding open

    kitchen door with bin, doors within the staircase enclosure that are not fire doors, storage of combustible

    materials outside room 2 and in the basement.

    Storage within the escape routes through the basement affecting the means of escape from the staff

    sleeping

    areas.

    The final exit door from the basement was bolted shut and a wooden beam fixed across the door.

     (2) Principles of Prevention to be applied

    Failure

    Preventative and protective measures have not been implemented as mentioned within the fire risk assessment reviews.

Legislation Applicable

    Article 10 and as specified in Part 3 of Schedule 1 of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    The following preventive and protective measures need to be employed.

    All action point from previous fire risk assessment and reviews should be addressed.

    (3) Fire Safety Arrangements

    Failure

    Effective arrangements have not been made for the planning, organisation, control monitoring and review of the preventive and protective measures.

Legislation Applicable

    Article 11 (1) & (2) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    The following arrangements for the planning, organisation, control monitoring and review of the preventive and protective measures must be made by the responsible person in consequence of a fire risk assessment.

    The control of existing protective measures by all staff and managers to ensure the safety of relevant persons in case of fire. Monitoring the existing protective measures by managers and the responsible person to ensure the safety of relevant persons in case of fire. Review existing preventive and protective measures to ensure they are sufficient.

    Sheet 3 of 5

    (4) Fire Fighting and Fire Detection

    Failure

    The fire warning system is inadequate for the type and use of the premises.

Legislation Applicable

    Article 13 (1) (a) & 13 (2) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    Automatic smoke sensitive detectors should be incorporated into the fire alarm system to cover the

    alternative escape route from the loft apartment.

    (5) Emergency Routes and Exits

    Failure

    The following escape routes were found to be obstructed.

    Outside room 2, the stairs outside the kitchen and within the basement were found to be obstructed.

Legislation Applicable

    Article 14 (1) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    The routes to emergency fire exits are to be cleared of all obstructions.

     (6) Emergency Routes and Exits

    Failure

    The emergency fire exits from the basement store area and the escape windows from the staff sleeping

    accommodation within the basement were found to be obstructed.

Legislation Applicable

    Article 14 (1) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    The emergency fire exits from the basement store area and the escape windows from the staff sleeping

    accommodation within the basement are to be cleared of all obstructions so they can be used at all times.

    Sheet 4 of 5

    (7) Emergency Routes and Exits

    Failure

    Persons throughout the premises are unable to evacuate the premises as quickly and as safely as possible.

Legislation Applicable

    Article 14 (2) (b) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    All construction and doors within the protected staircase enclosure should be fire resisting. All such walls or screens should extend through any ceiling void and be sealed to the true soffit over, to an imperforate standard.

The doors to all storage cupboards/rooms on the protected escape routes should be fire resisting.

    A fire door to a cupboard need not be self closing but should have means to enable it to be kept locked shut when not in use and be provided with a notice ''FIRE DOOR - KEEP LOCKED'' on the exposed face.

    All doors opening into the protected escape routes apart from bathrooms and toilets containing no risk, should be fire resisting.

A new fire resisting door should be provided to the wash up room adjacent to the kitchen.

The new fire resisting door to the wash up room adjacent to the kitchen should be provided with intumescent

    sealing strips incorporating smoke seals.

    The doors providing protection of the escape routes should be provided with intumescent sealing strips incorporating smoke seals.

    The doors providing protection of the escape routes which are currently fitted with 'Perko' type self closers should be fitted with a positive action self closing device suitable for the weight of the door. Overhead arm hydraulic self closers capable of closing the doors completely against the resistance of any latch are

    recommended. Rising butt hinges are not considered suitable.

    No self-closing door should be held open by any means other than an automatic door release of an approved type.

All storage in the staircase enclosure and the protected routes of all floors should be removed.

    N.B. References to fire resisting means to a thirty minute standard in accordance with the relevant sections of British Standard 476 unless otherwise stated

    All references to fire doors, unless otherwise stated, means a thirty minute integrity when tested in

    accordance with British Standard 476 Part 22. The doors should be able to resist the passage of smoke at ambient temperatures when tested in accordance with British Standard 476 Part 22 and be fitted with

    intumescent and smoke seals. The doors should be positively self closing. Further guidance can be obtained from British Standard 8214: 1990.

    Sheet 5 of 5

    (8) Emergency Routes and Exits

    Failure

    Fire exits and doors on the escape routes from bedrooms which have shared means of escape from the

    adjoining bedrooms could not be easily and immediately opened from the inside in an emergency.

Legislation Applicable

    Article 14 (2) (f) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    The exit doors from the bedrooms used as a shared means of escape from the adjoining bedrooms should be fitted with a fastening of a type that will enable them to be easily and immediately opened from the inside without the use of a key.

     (9) Maintenance

    Failure

    The facilities, equipment and devices provided in respect to the premises are not being maintained in an adequate state of repair.

Legislation Applicable

    Article 17 (1) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    In order to ensure the safety of relevant persons the responsible person must ensure that the structural fire precautions provided in the premises (compartment walls, ceilings, protected staircases and fire resisting doors) are subject to a suitable system of maintenance.

    (10) Provision of Information to Employees

    Failure

    Understandable and relevant information on risks identified by the risk assessment is not provided to employees.

Legislation Applicable

    Article 19 (1) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    Employees must be provided with understandable and relevant information on the preventive and protective measures, responsibilities and procedures to ensure the safety of all relevant persons in

    case of fire.

    (11) Training

    Failure

    Inadequate safety training is provided to the employees.

Legislation Applicable

    Article 21 (2) of the Regulatory Reform (Fire Safety) Order 2005.

Steps to Remedy the failure

    It must be ensured that employees are provided with adequate safety training in the following areas escape routes from staff sleeping accommodation within the basement, responsibilities of employees in relation to fire safety measures, evacuation procedures and responsibilities of employees for the safety of guests.

    NOTES TO ACCOMPANY ENFORCEMENT NOTICE SERVED UNDER

    ARTICLE 30 OF THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005

    1 Application to premises. The Regulatory Reform (Fire Safety) Order 2005, subject to paragraphs 2

    (a) to (g) below, applies to any premises.

2 The Order does not apply in relation to -

     (a) domestic premises;

     Note: Where the premises are, or consist of, a house in multiple occupation this Order

    applies in relation to those parts of the premises which are not domestic premises;

     (b) an offshore installation within the meaning of regulation 3 of the

    Offshore Installation and Pipeline Works (Management and

    Administration) Regulations 1995;

     (c) a ship, in respect of the normal ship-board activities of a ship’s crew which are carried out

    solely by the crew under the direction of the master;

    (d) fields, woods or other land forming part of an agricultural or forestry undertaking but which

    is not inside a building and is situated away from the undertaking’s main buildings;

     (e) an aircraft, locomotive or rolling stock, trailer or semi-trailer used as a means of transport or

    a vehicle for which a licence is in force under the Vehicle Excise and Registration Act 1994

    or a vehicle exempted from duty under that Act;

    (f) a mine within the meaning of section 180 of the Mines and Quarries Act 1954, other than

    any building on the surface at a mine, and

     (g) a borehole site to which the Borehole Sites and Regulations 1995 apply.

    3 You may appeal (under Article 35 of the Order) against an enforcement notice served (under

    Article 30 of the Order). The appeal is made, within 21 days from the day on which the notice is

    served, to the magistrates’ court for the area in which your premises is situated and may be brought

    on the grounds that you think that:

    (a) the service of an enforcement notice was based on an error of fact;

    (b) the service of the enforcement notice was wrong in law, and

    (c) the Fire and Rescue Authority erred in the exercise of their discretion in serving the

    enforcement notice.

     Without prejudice to the breadth of the grounds of appeal set out in paragraphs (a) to (c)

     above, examples of situations in which an appeal may lie are where,

    (a) You dispute any of the facts in the notice which detail the steps which have to be taken in

    order to comply any provision of the Order.

    (b) You think that an unreasonable time period has been set for the taking of the steps set out in

    the notice.

    4 The Fire and Rescue Authority may grant, at their discretion, an extension (or further extension) of

    time specified for the steps to be taken if an appeal against the notice is not pending. Application

    for an extension of time should be addressed to:- The Chief Officer at the address detailed on the

    covering letter.

    5 Failure to comply with any requirement imposed by an enforcement notice served under Article 30

    of the Order within the time specified in the notice (or such further time as the Fire and Rescue

    Authority may, at their discretion, grant) is a criminal offence under Article 32(1)(d) of the

    Order. A person guilty of such an offence shall be liable,

    (a) on summary conviction to a fine not exceeding the statutory maximum; or

     (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or both.

    6 In any proceedings for an offence referred to above, where the commission by any person of an

    offence under the Order, is due to the act or default of some other person, that person is guilty of

    the offence, and a person may be charged with and convicted of the offence whether or not

    proceedings are taken against the first mentioned person.

    7 Nothing in the Order operates so as to afford an employer a defence in any criminal proceedings for

    a contravention of those provisions by reason of any act or default of an employee or person

    nominated to implement measures for fire-fighting and procedures for serious and imminent danger

    and for danger areas, and appointed to assist him/her in undertaking such preventive and protective

    measures as necessary.

    8 Subject to Note 9, in any proceedings for an offence under the Order, except for a failure to comply

    with articles 8 (1) (Duty to take general fire precautions) or 12 (Elimination or reduction of risks

    from dangerous substances), it is a defence for the person charged to prove that he/she took all

    reasonable precautions and exercised due diligence to avoid the commission of such an offence.

    9 If you are the responsible person you are under an obligation to comply with the provisions of the

    Order or of any regulations made under it. If you have failed to comply and you and the Fire and

    Rescue Authority cannot agree on the measures which are necessary to remedy the failures(s).

    Under article 36 of the Order you and the Fire and Rescue Authority may agree to refer the

    question, as to what measures are necessary to remedy the failure(s), to the Secretary of State for a

    determination.

    10 It should be noted that in order to satisfy the “Environment and Safety Information Act 1988” the

    Fire and Rescue Authority is obliged to enter details of any enforcement notice into a register to

    which the public have access. If you feel that any such entry would disclose secret or confidential

    trade or manufacturing information then you should appeal in writing to the Authority within a

    period of fourteen days following the service of the notice.

    11 To assist with administration procedures, it would be helpful if you could quote the reference

    number (at the top of this notice) when dealing with the Fire and Rescue Authority.

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