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who responds penally if the fire plan is ineffective?

  • Thread starter Thread starter gfrank
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gfrank

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the manager of the company must ensure the presence of qualified personnel, able to implement the fire plan to cope with the emergency due to the spread of flames.



is what established by the fourth criminal section of the court of Cassation with the judgment n. 22334 of 6 June 2011.
the story examined by the court of Cassation concerns the death of three tourists guests of a Roman hotel because of a fire caused by two guests of the American city hotel. In particular, women had inadvertently emptied ashtray into the waste bin and, at the sight of the first flames, had escaped without alarming.



the hotel managers were convicted of not preparing an adequate fire plan and that always provided the presence in hotel staff trained to deal with the emergency.

In fact, the Director was responsible for coordinating the fire squad and had the duty to prepare shifts for the rotation of qualified personnel. the emergency plan had been drafted and provided for the establishment of a fire emergency team composed of 24 people with a special license. The captain was the manager of the hotel and in his absence a deputy.



on the night that the facts happened was not in service any of the members of the team, but only the goalkeeper and a porter. Therefore, the plan had been disregarded, preventing it from facing timely and adequately the fire.
Therefore, the owner of a receptive structure is obliged to always guarantee the physical safety of the users by means of a suitable organization of the supervisory activity, thus respecting the legal rules also those imposed by the common prudence.

source and judgment: http://www.acca.it/default.aspx?tabid=80&itemid=1755&view=details
 

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