Smoke alarm laws must be strengthened says MP
THE deaths of Stephanie Wojak and Ben McAuliffe in the Ellacombe fire are to be raised in Parliament today.
The house in Ellacombe Church Road where the children lived with Gill and Mike Wojak and their son Ricky did not have a fire alarm.
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Torbay MP Adrian Sanders will today urge the House of Commons to call on Government to strengthen legislation to ensure all local authority and registered social landlord properties, as well as privately-rented properties, have working smoke detectors.
He is also hoping to be selected in the ballot for a Private Members Bill which he will again use to call for laws requiring landlords to fit fire alarms in rented properties.
Following the tragedy it was revealed that 25 per cent of Riviera Housing Trust homes, some 690 properties, did not have fire alarms at the time.
The trust said, despite smoke detectors not being 'a legal requirement', it 'encourages' residents to have them. It had already planned to install smoke detectors in the remaining 25 per cent of properties as part of a major home improvement programme which it brought forward immediately.
Mr Sanders said: "We were on the case in 2004 when I was on a Parliamentary select committee which made explicit recommendations to the Government on the need for hard-wired fire alarms in all existing tenanted properties, housing in multiple occupation and housing for vulnerable members of society. We recommended at least alarms fitted with 10-year batteries.
"The Government went 90 per cent towards implementing the recommendations but has never taken the last step which is to legislate on fire alarms.
"It could have saved lives. Since alarms were made obligatory by building regulations for new buildings in 2000, the number of fatalities has dropped significantly.
"It is often said there is too much legislation. But there are some things which require legislation because sadly you cannot trust everybody to accept they have a duty of care.
"Riviera Housing does not have 100 per cent fire alarms whereas other housing associations have. They are now grasping the nettle, but there are other associations elsewhere in the country and some private landlords who may not be."
Mr Sanders will also be having talks with the Association of British Insurers to see if having a working fire alarm could be a requirement of insurance.
Teignbridge MP Richard Younger-Ross said: "I will give it my full support."
Totnes MP Anthony Steen said he did not sign Early Day Motions as a matter of principle because he believed there were too many of them to achieve anything but said he was 'very supportive' of the campaign.
Mr Sanders is also meeting Devon and Somerset deputy chief fire officer Ian Gibbons at Torquay and Graham Chilvers from Torquay who has developed Tripactivator which trips a property's fuses if the alarms are activated, cutting the power supply to electrical appliances, but not lights.
Mr Sanders' Early Day Motion states: "That this House is deeply saddened by the deaths of Stephanie Wojak, aged 15, and Ben McAuliffe, aged eight...; is very concerned by reports that the housing association property in which the fire occurred did not have a smoke alarm; further notes with concern that approximately one quarter of social homes do not have smoke alarms and calls on the Government to strengthen legislation to ensure all local authority and registered social landlord properties have mains-powered smoke detectors on each floor and that privately-rented properties have working smoke detectors at the commencement of any tenancy agreement and further calls on the Government to increase its efforts to raise awareness of the benefits of smoke detectors."











7 Comments
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by Jon, Paignton
Friday, November 20 2009, 10:38AM
“i agree that it its not the landlords duty of care to fit fire alarms, unless there are linked properties where they are on top of each other or share a communal entrance and hallway.
the fact that they didnt have there own fire alarms is down to them selves. i honestly do feel sorry for them and they have had a great loss. but next we will hear a story about someone falling over in there house and broke somthing as a light bulb went out and the landlord hasnet changed it for them. people should have there own duty of care for them selves and there own family.
i live in rented housing and i contacted my landlord about the firealarms when i went in and they pointed me in the direction of the paignton fire station who gladly give them out for free.”
by Rod, Torbay
Wednesday, November 18 2009, 7:56PM
“Although I realy feel for the unnecessary loss of these children, I have to say that I agree with Sharon. I consider it my duty as a householder to make sure that smoke detectors are fitted in my accommodation not that of the landlord.I have a duty of care for my family. Smoke detectors cost only a few pounds each in B&Q (a four bedroom house can be alarmed for as little as £45) I fully agree that the landlord has a duty of care to ensure Gas safety and electrics etc are checked regularly and are safe, but where does it end ? Yes it was a tragic accident and we all feel for this familys loss.”
by SamSam, Paignton Zoo
Wednesday, November 18 2009, 7:06PM
“It is the Landlord who has the responsibility, maybe not law for all properties, that the place he rents is suitable for his paying guests, it his/her property and I am sure they do not want to see die in their property, also they do not want their property damaged.
Lives of two kiddies have been lost here and still people are whinging on here, what are they like, these two kids will never see another Christmas and as for the parents my heart goes out to them.
Sharon you are very spiteful in your remarks, are you a mother?
David Nichol what an attitude you have?
The point is , as Nick W says, any landlord worth his salt, and that is the vast majority, would make sure their tenants are in a safe environment and all preventative measures are in place, I am assuming that the landlords have only one or two properties and they are making a small profit and making sure their property is kept in the best of order, we are not talking about Leeds, Manchester, Birmingham or London, where landlords are on the make, this is Torquay. But when you come to a landlord, as the Riviera Housing is, then you are talking a different game and they appear to be lacking in any thought for their tenants.
One last thought do you not think that some people, namely a newspaper and a politician are not out to make a good name for themselves, that is a bit shallow.”
by Nick W, Torquay
Wednesday, November 18 2009, 5:19PM
“Landlords are responsible for a number of things-making sure the property doesnt suffer from damp, making sure the walls dont fall down, making sure the appliances-if they come with the property-are in working order. It's not that big a leap to making sure you have taken some steps to protecting your property and the tenants from fire. Most landlords do this already, it's just common sense.”
by Brian, Paignton
Wednesday, November 18 2009, 4:27PM
“The more the landlords do the less effort the tenants make for themselves. What next? make landlords responsible for cleaning the fridge so that tenants aren't at risk of getting food poisoning?”