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Businessman Guilty Of Offences Against Regulatory Reform (Fire Safety) Order 2005

A Derby businessman, Bashdar Osman Kadier, has today been sentenced to 180 hours community service, ordered to pay £7275 costs and sentenced to 6 months imprisonment suspended for two years, following guilty pleas to 4 breaches of the Regulatory Reform (Fire Safety) Order 2005. 


On the 28 March 2019, a joint police and fire inspection was carried out at the former Kennings Garage, known as Bio House, Derwent Street, Derby following concerns that people were sleeping on the site which was being used as a car wash. 


Filmed on body worn cameras, fire inspectors discovered 3 bedrooms on the first floor in unoccupied office accommodation, above the showroom/garage.  As a result of this discovery, a Prohibition Notice was served on the employer at the car wash, Bashdar Osman Kadier.


A subsequent fire safety audit identified that the fire alarm was not functioning, the emergency lighting was not working in some areas and that both had received no maintenance. The audit also found that the means of escape was obstructed in all directions by combustible materials and was also being used as storage for construction workings and materials. The final exits were locked in most instances, with the only available exit and entry through a roller shutter on a door through a former shop.


As a result of the audit findings an Enforcement Notice was served on Mr Kadier, however he failed to comply with that notice, therefore the Fire Authority took the decision to formally prosecute Mr Kadier for the breaches.

Derbyshire Fire & Rescue Service, Group Manager Steve Wells said: “Had a fire broken out in this building, due to the fire alarm not working, people sleeping upstairs would not have had sufficient warning allowing them time to get out safely.  In addition to the lack of a fire alarm, even if occupants had become aware of a fire, they would have faced numerous obstacles and challenges in trying to escape safely.


“Combustible waste, which was obstructing escape routes, would have assisted a fire to spread and as the normal exit doors were locked, people sleeping in the building would have been at serious risk of being trapped.”


“Providers of any form of sleeping accommodation, including flats, bedsits and houses in multiple accommodation, must accept that they have a responsibility to ensure the accommodation they provide has a suitable and sufficient fire risk assessment in place and that it is reviewed regularly.  They also have a responsibility to ensure measures provided for safety including fire doors, fire alarms and smoke detectors are maintained to a suitable standard, in addition escape routes must not be allowed to be used as storage, or places for waste disposal.”


Premises known to provide sleeping accommodation are regularly inspected by Derbyshire Fire & Rescue Service to ensure they comply with fire safety regulations. The majority of these premises are well managed, maintained and compliant with current fire safety regulations.


Group Manager Wells went on to say: “The fire and rescue service will consider formal action against anyone found to be in breach of fire safety regulations and particularly where they fail to comply with any statutory notices issued.


“The Service will advise and give support to both local and national businesses and are always willing to help make sure they comply with Fire Safety Legislation. However, the public should continue to be reassured that legal action will be used when necessary, where any serious breaches of Fire Safety Regulations are identified`”.


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