For as long as people have constructed and inhabited homes and buildings, fire has been an ever-present risk to life and property. Over time, building safety and fire codes have been developed to help ensure structures are built and maintained safely with adequate warning systems in place to reduce the threat of destructive flames.
Fire Code Violations Can Lead to Serious Injury Liability
Standardized fire safety protocols are critically important. From the building design and construction process to final dwelling function, these protocols and codes outline requirements for building materials and construction methods to mitigate fires from starting and/or spreading. The installation and maintenance of electrical and heating systems and emergency lighting are regulated by these codes, as well as where fire alarms, sprinklers, and fire extinguishers should be located. Fire codes also include procedures to safely evacuate buildings, ensuring individuals have a way to safely and quickly exit from every building level.
Non-profit organizations such as the National Fire Protection Association®[1] (NFPA®) and the International Code Council[2] (ICC) have helped coalesce and standardize essential fire safety protocols over time. Today, each state develops its own fire safety laws based on their guidance. For example, New Hampshire and Massachusetts rely on NFPA Life Safety Code 2021[3] for their ordinances, while Pennsylvania incorporates IFC 2021 Fire Safety Codes.[4] It is important to note that specific codes will differ by state and type of structure. For example, while MA, NH, and PA each have laws or building codes that require carbon monoxide detectors under certain conditions, the specific requirements such as where detectors should be installed, how many are needed, and which types of dwellings are covered, vary by state.
At the heart of all state codes, however, is public safety and ensuring structures have the systems and procedures in place to adequately protect property and human life. Consequently, fire code standards are particularly important in dwellings such as hotels, apartment complexes, restaurants, schools, offices, and nursing homes.[5]
Owners, landlords, and other responsible parties must ensure buildings stay in compliance with fire safety codes, including undergoing regular inspections and maintenance. When they fail to adhere to these safety standards, property owners or managers can be held liable for the injuries or deaths that may result from their negligence.
Sadly, preventable tragedies occur far too often as a result of the failure to follow basic and clear fire code requirements.[6] Some examples include:
Blocked or locked emergency exits that create chaos and confusion in smoke-filled rooms, preventing quick and organized emergency evacuation.
Missing or expired fire extinguishers depriving occupants of the ability to quickly suppress fire when it breaks out.
Faulty or disabled smoke alarms that fail to warn of fire danger.
Poorly maintained or missing sprinkler systems that are not available to prevent fires from quickly spreading.
Older or overloaded electrical systems which frequently cause structural fires.
Lack of adequate exit signage or lighting that creates confusion and impedes orderly and swift evacuation.
Obstructed halls and stairwells creating impediments to quick escape.
Fire safety codes exist to protect not only residents and occupants but nearby properties and surrounding neighborhoods. Every structural fire brings risk to a wide pool of potential victims. When fires do occur, they are often worsened by a failure of responsible parties to adhere to the safety codes. Those responsible entities can include landlords, property managers, and business owners.
Whether you are a tenant, customer, student, patient, or guest, you have a right to expect that fire safety protocols are properly followed. Whatever the cause of a fire, those responsible can be held liable for their failure to institute and maintain required safety measures. If you or a loved one has suffered injury or loss as a result of a fire, consulting with a knowledgeable personal injury attorney who knows how to navigate premises liability and negligence claims can help you understand your rights. We can help.
[3] https://link.nfpa.org/free-access/publications/101/2021
[4] https://www.pa.gov/content/dam/copapwp-pagov/en/dli/documents/ucc/documents/2021%20icc%20code%20adoption%20final%20report.pdf
[5] https://thomaswicklaw.com/blog/nursing-home-safety/
[6] https://thomaswicklaw.com/blog/nursing-home-failures-disaster-planning/
