Homeowners could face fines over building regulations

Isabella Pritchard, six, suffered head injuries and later died in hospital after a heavy stone fireplace surround installed by a tradesman crashed on top of her in 2012

Homeowners who install a new fireplace or even hang a large mirror could be forced to comply with new red tape after the deaths of several young children.

Isabella Pritchard, six, suffered head injuries and later died in hospital after a heavy stone fireplace surround installed by a tradesman crashed on top of her.

Now Housing Secretary Sajid Javid is considering a crackdown, letters released following a Freedom of Information Act request reveal.

The intervention follows a plea from the senior coroner investigating Isabella’s case, who warned there could be more deaths unless ‘urgent action’ is taken to expand building regulations.

Any new regime could affect DIY enthusiasts as well as tradesmen and fireplace manufacturers.

They could be liable to a fine from their local council or prosecuted if they fail to comply with regulations on the installation or manufacture of heavy fixtures.

In his letter to the coroner, Mr Javid said the government’s Building Regulations Advisory Committee previously rejected tougher regulation to ensure heavy fixtures such as fireplace surrounds and heavy mirrors are safely installed.

This decision was taken on the basis they are ‘decorative in nature’ and would be hard to police as much of the work is carried out by homeowners themselves.

But the Housing Secretary added: ‘A lot has been done to raise awareness. However, given the tragic nature of this incident I will ask the Building Regulations Advisory Committee to-reconsider their previous advice not to regulate stone fire surrounds (and other heavy decorative items that require substantial fixings for their safety, such as large mirrors.’

Stone fireplaces are popular among homeowners wanting to spruce up their living rooms. But poor design or a botched installation can have tragic consequences.

Isabella was found in the lounge with fatal head injuries and three pieces of marble mantelpiece lying around her.

It is believed to have come away from the wall after the little girl – known as Bella – was swinging on it while playing.

The fatal incident occurred in July 2012 at the family home in Beaconsfield, Buckinghamshire.

Two years later Christopher Elmer was jailed for eight months after pleading guilty to a breach of health and safety legislation. The judge branded his work ‘slipshod’ and said he was guilty of ‘carelessness’.

He had taken shortcuts and only sparingly used adhesive to attach the 13st 81b limestone surround to the wall, Reading Crown Court heard.

Housing Secretary Sajid Javid is considering a crackdown, letters released following a Freedom of Information Act request reveal

Housing Secretary Sajid Javid is considering a crackdown, letters released following a Freedom of Information Act request reveal

Bella is just one of several children who have been killed in similar circumstances.

Among them is Jack Miles, three, who died on impact after a heavy 8st 6lb marble fireplace surround crushed him while he was playing with his little sister Alexia.

He had been stood on his tiptoes when the marble crumbled from the wall at his home in Gateshead in February 2016, South Tyneside Coroner’s Court heard. The inquest heard it was ‘an accident waiting to happen’,

In addition Chanel Garner, three, suffered serious injuries when she was crushed by the surround as she played at the family home in Morecambe, Lancashire, in August 2015.

She was rushed to the Royal Lancaster Infirmary before being transferred to Alder Hey Hospital in Liverpool where she was pronounced dead

After investigating Bella’s death, senior coroner for Berkshire Peter Bedford raised concerns about the gap in building regulations for fireplaces.

Currently they relate purely to flues and the combustible properties of the chimney. As with a boiler or a gas stove, these are covered by building regulations and have to be installed by a qualified tradesman.

But the regulations do not cover fixtures, such as the fireplace surrounds and mantelpieces as they are deemed to be decorative.

Mr Bedford adjourned his inquest into Isabella’s death due to the criminal prosecution. But he said he had a ‘statutory duty’ to report back to the government about his concerns.

In a document entitled ‘Report to prevent future deaths’ sent to Mr Javid and Business Secretary Greg Clark in August last year, Mr Bedford said: ‘In my opinion urgent action should be taken to prevent future deaths and I believe your departments have the power to take such action.

‘It appears to me that both the manufacture and installation of stone fireplaces are an unregulated industry.’

He said because of this ‘it seems possible to design and manufacture a product with dangerous design features that are cosmetically attractive but inherently dangerous’.

Homeowners who install a new fireplace or even hang a large mirror could be forced to comply with new red tape

Homeowners who install a new fireplace or even hang a large mirror could be forced to comply with new red tape

The coroner added: ‘The fireplace that struck and killed Isabella Pritchard incorporated a stone mantle weighing 86kg with a design relying on gravity and adhesive to keep it in place.

‘In addition the installation instructions provided by the manufacturer by their own installer were vague in detail, generic and covered their whole range of products.’

In his response Mr Javid stressed that since Isabella’s death several groups, including the Health and Safety Executive and the Royal Society for the Prevention of Accidents, have published guidance to ensure stone fireplaces are fitted safely.

The National House Building Council now also requires the use of mechanical fixings on stone fireplaces, but not in all cases.

One safety expert welcomed the government’s decision to look at beefing up building regulations but warned it would be extremely hard to enforce.

Sheila Merrill, public health adviser for the Royal Society for the Prevention of Accidents, said: ‘We welcome the news that the Government is going to look again at the issue.

‘However, we recognise the difficulties in adding large decorative objects, such as fire surrounds and mirrors, to the regulations, as enforcement would be incredibly hard.

‘As such, we want to raise as much awareness as possible with homeowners, particularly those with children, about the dangers of improperly-secured objects. This also includes televisions, kitchen appliances and large pieces of bedroom furniture.’

A spokesman for the Ministry of Housing Communities and Local Government said: ‘We are considering the coroner’s comments and expect to receive advice from the Building Regulations Advisory Committee on the installation of fire surrounds by the end of February.’ 



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