Maybe this explains it.
Article 38 – Maintenance of measures provided for protection of
fire-fighters
164. The purpose of this article is to ensure that the responsible person establishes a suitable
system of maintenance for any measures (such as those under article 37) provided
for the safety of fire-fighters, whether under the provisions of the Order or any other
enactment. It covers, for example, fire fighting water supplies, access and hard standing
for fire appliances, fixed fire fighting systems operated by the Fire and Rescue Authority,
some fi e suppression systems and fire-fighting stairs and lifts if they have been
provided under the requirements of Building Regulations or any other enactment.
165. However, it should be noted that many features are provided to aid fire-fighters in
protecting persons through fire-fighting or rescue. When considering non-compliance,
enforcing authorities should note that it must be shown that the failure to maintain
would affect the ability of fire-fighters to safely fight the fire or carry out rescues which
in turn places one or more relevant persons at risk of death or serious injury in the case
of a fire. Where a responsible person has failed to maintain measures provided for the
protection of fire-fighters enforcing authorities have a duty to undertake appropriate
enforcement action.
166. For an offence to be committed the enforcing authority must show that there was a
failure on the part of the responsible person, or other person mentioned in article 5(3),
to maintain the measures provided for the protection of fire-fighters and that as a result
the failure places one or more relevant persons at risk. It may not be suffi cient that the
failure to maintain such provisions only places fire-fighters at risk, unless by doing so it
also affects the safety of the relevant persons to which this article applies. However it is
very unlikely that in practice such a failure would only affect the safety of fire-fighters.
