eu law
Evacuation Chair Devices – Fire Engineering for All in Buildings ?
This post has been running around in the back of my mind for quite some time … and I know now, for far too long ! But recently, my patience with certain manufacturers and suppliers of evacuation chair devices has reached its limit.
In relation to Building Users … previous posts have examined the technical term: Place of Safety (see the post dated 2009-10-24) … and why this concept is an essential starting point in the development of any practical … and comprehensive … fire engineering strategy for a building.
Previous posts have also explored the complex issue of Areas of Rescue Assistance in a building (see posts dated 2009-03-10 & 2009-03-17).
For the purposes of this discussion, now, a clear statement of Fire Engineering Design Objectives is required …
- Evacuation for All Building Users … with an assurance of health, safety and welfare protection during the course of that evacuation.
- Sustain Building Serviceability during Evacuation … at the very least, while people are waiting in Areas of Rescue Assistance … and, until all of those people can be rescued by Firefighters and can reach a Place of Safety.
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We are rapidly approaching the day when all lifts/elevators in a building must be capable of being used during the course of a fire incident. AND … these lifts/elevators must be situated so that … alternative, safe and intuitive means of evacuation … are effectively presented to all building users.
Greedy vested interests continue to impede the onset of that inevitable day.
Another surprising barrier to the implementation of this goal, however, is the sloppy and incompetent drafting of fire engineering design standards and codes of practice. Previous posts have discussed … and shown … some of the serious problems with British Standard BS 9999 – Code of Practice for Fire Safety in the Design, Management and Use of Buildings (2008).
A ‘Restricted’ Architectural Vocabulary is yet another barrier to implementation. High-Rise and/or Complex Buildings are still typically being designed for Access … not Evacuation ! This fault very definitely lies with the architectural and engineering schools throughout Europe.
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Until all lifts/elevators in a building are capable of being used during the course of a fire incident … there is an obvious and pressing need for a fire engineering design solution which involves the installation, maintenance and proper use of Approved Fire Evacuation Chair Devices … which need to be powered or manual depending upon the particular circumstances in a building !
AND, even when all lifts/elevators are capable of being used during the course of a fire incident … because lifts/elevators must always undergo routine servicing and maintenance and they will not, therefore, be in operation for short periods of time … there will still be an obvious need for Approved Fire Evacuation Chair Devices. So, these fire-evacuation related products should never be regarded as a wasted investment !
I have repeated the word ‘Approved’ because, unfortunately, since these are also disability related products … insufficient attention, and emphasis, is given to Product Approval in this Market Sector, i.e. showing that the product is ‘fit for its intended use, in the location of use’.
At the most basic level imaginable … National Building Regulations in the European Union Member States, and E.U. Safety at Work and Product Liability Legislation … all demand Product Approval.
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Performance Requirements for Fire Evacuation Chair Devices: Fire Evacuation Chair Devices, powered or manual, must be capable of …
- being safely and easily operated ;
- carrying people of large weight (150 Kg minimum) ;
- going down staircases which, in existing buildings of historical, architectural and cultural importance, may be narrow and of unusual shape ;
- travelling long distances horizontally … in a robust and stable manner … both within a building … and externally, perhaps over rough ground … in order to reach a Place of Safety.
When going up a staircase is necessary in order to reach a Place of Safety, a powered evacuation chair device must be provided !
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Fire Evacuation Staircases: A vivid image, with a few accompanying words, are necessary …
Unlike the incredible scene shown in the colour photograph above ... Fire Evacuation Staircases must be suitable for Safe, Intuitive and Unhampered Building User Evacuation, Firefighter Contraflow and the Assisted Evacuation of People with Activity Limitations. A Minimum Clear Width of 1.5 Metres (from edge of handrail to edge of handrail !) is required. Click to enlarge.
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Fire Evacuation Chair Devices & What To Avoid: Can you spot the Evacuation Chair Device in the first photograph below ?
Colour photograph showing a Fire Evacuation Chair Device Installation at Dublin Airport, Ireland. On so many levels and in so many ways, this 'decorative' installation ... intended to demonstrate that an organization is complying with legislation ... will prove to be, in the event of a real fire emergency, SO wrong and unworkable. Photograph taken by CJ Walsh. 2008-04-04. Click to enlarge.
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Colour photograph showing a Manual/Gravity Fire Evacuation Chair Device in operation. Transfer from a wheelchair to this type of device at the top of a staircase can be difficult and hazardous ... it can only travel down a staircase, using gravity (never up, against gravity !) ... and during horizontal travel, it is shaky and unstable. Click to enlarge.
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Fire Evacuation Chair Devices & Issues To Carefully Consider: Modern wheelchairs come in all shapes, sizes and styles … are highly adapted by their owners … and can be very expensive. Why is it a surprise, therefore, to learn that most wheelchair users will not want to abandon their expensive personal property, i.e. the wheelchair, in the event of a real fire emergency.
The answer, of course, is PROPER CONSULTATION with All Building Users (where these are known !) during the preparation of a Fire Defence Plan for a Building.
The following photographs illustrate different aspects of the capability of Powered Fire Evacuation Chair Devices …
Colour photograph showing a Powered Fire Evacuation Chair Device in operation. This particular device facilitates evacuation, down and up a staircase, using the person's own manual wheelchair. Having completed its task at the bottom (or top !) of a staircase ... the device can be quickly released for use by another person who needs assistance on the staircase. Throughout this process, wheelchair users move independently to a Place of Safety. Click to enlarge.
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Colour photograph showing another Powered Fire Evacuation Chair Device. This particular device facilitates evacuation of an adapted manual wheelchair, which may (or may not !) be the person's own wheelchair. It also facilitates travel on narrow or unusually shaped staircases. Click to enlarge.
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Colour photograph showing a Powered Fire Evacuation Chair Device in operation. This particular device facilitates evacuation, down and up a staircase. It is also robust and stable while travelling horizontally ... both within a building ... and externally, perhaps over rough ground ... in order to reach a Place of Safety. Click to enlarge.
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Product Approval in the European Union Single Market: Fire Evacuation Chair Devices must be permanently CE Marked … including the product itself, any cover (such as that shown in the Dublin Airport photograph above), all product literature, and any product packaging.
It is not acceptable to print the CE Mark on an adhesive label … and then stick the label to the product ! Correct informative text must always accompany a CE Mark !
Please note that the CE Mark is not a Safety Mark. A CE Mark denotes conformity with the Essential Requirements of a single, specific European Union Directive.
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U.S. Consumer Organization Identifies Hazardous Plasterboards
In the United States of America, there has been a long-running saga of Hazardous Hydrogen Sulphide (H2S) Emitting Plasterboard/Drywall being installed in new housing. My U.S. cousin and his beautiful wife were crying their eyes out, here in Ireland last year, having discovered that their new home in Florida had been constructed using this plasterboard … or ‘drywall’, as it is known in the local language over there, i.e. American.
This sorry story graphically illustrates a number of important points …
- The Construction Products & Materials Industry is completely and utterly global in nature. Europe is not immune from this phenomenon !
- Within the European Single Market, proper and unqualified emphasis must be placed on the correct CE Marking of Construction Products. Unfortunately, too many European Manufacturers have not the remotest notion about what CE Marking means or involves. And … CE Marking Technical Control Systems & Procedures in European Countries are totally inadequate.
- Just as many people think nothing about stealing the intellectual property of others … so many people think nothing about Fraudulently Applying the CE Mark to unapproved construction products.
- In order to improve the situation concerning Consumer Ignorance about CE Marking … even when a manufacturer has his/her/their CE Marking in order … it is still necessary to clearly and simply demonstrate the Route of Conformity which has been taken in order to obtain the CE Mark. This is not a requirement of European Union Law … but merely a strong personal opinion based on the experience of being a technical controller for many years.
- The problem of hazardous plasterboard in buildings could also happen in Ireland … or in any other European country. It might already have happened. Beware !
- It is not acceptable that a well-established European Brand Name has engaged in this sort of ‘sharp’ practice outside Europe !! Across a large trans-national organization … it is essential that Product Quality Control is consistently at a uniformly high level.
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In a CPSC (USA) Press Release #10-243, dated 25th May 2010 …
WASHINGTON, D.C. - The United States Consumer Product Safety Commission (CPSC) is releasing today the names of the plasterboard manufacturers whose plasterboard emitted high levels of hydrogen sulphide in testing conducted for the agency by the Lawrence Berkeley National Laboratory (LBNL), in California. There is a strong association between hydrogen sulphide and metal corrosion.
Of the samples tested, the top ten reactive sulphur-emitting plasterboard samples were all produced in China. Some of the Chinese plasterboard had emission rates of hydrogen sulphide 100 times greater than non-Chinese plasterboard samples.
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U.S. CPSC Chart of Hydrogen Sulphide Emitting Plasterboards (PDF File, 602kb)
Click the Link above to read and/or download the CPSC Chart
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“Homeowners who have problem plasterboard in their homes are suffering greatly”, said CPSC Chairman Inez Tenenbaum. ”I appeal to these Chinese plasterboard companies to carefully examine their responsibilities to U.S. families who have been harmed, and do what is fair and just”.
At the US-China Strategic and Economic Dialogue meetings in Beijing on 24th & 25th May 2010, U.S. officials pressed the Chinese government to facilitate a meeting between CPSC and the Chinese plasterboard companies whose products were used in U.S. homes, and which exhibit the emissions identified during the testing procedures. The Strategic and Economic Dialogue represents the highest-level bilateral forum to discuss a broad range of issues between the two nations.
The following list identifies the top 10 plasterboard samples tested which had the highest emissions of hydrogen sulphide, along with the identity of the manufacturer of the plasterboard and the year of manufacture, from highest to lowest.
- Knauf Plasterboard (Tianjin) Co. Ltd.: (year of manufacture 2005) China ;
- Taian Taishan Plasterboard Co. Ltd.: (2006) China ;
- Shandong Taihe Dongxin Co.: (2005) China ;
- Knauf Plasterboard (Tianjin) Co. Ltd.: (2006) China ;
- Taian Taishan Plasterboard Co. Ltd.: (2006) China ;
- Taian Taishan Plasterboard Co. Ltd.: (2006) China ;
- Shandong Chenxiang GBM Co. Ltd. (C&K Gypsum Board): (2006) China ;
- Beijing New Building Materials (BNBM): (2009) China ;
- Taian Taishan Plasterboard Co. Ltd.: (2009) China ;
- Shandong Taihe Dongxin Co.: (2009) China.
Other Chinese plasterboard samples had low or no detectable emissions of hydrogen sulphide, as did the plasterboard samples tested which were manufactured domestically.
They include …
- Knauf Plasterboard Tianjin: (2009) China ;
- Tiger ***ShiGao JianCai***liangpianzhuang: (2006) China ;
- USG Corporation: (2009) U.S. ;
- Guangdong Knauf New Building Material Products Co. Ltd.: (2009) China ;
- 9 mm (3/8″) plasterboard manufacturer uncertain (date uncertain): China ;
- Knauf Plasterboard (Wuhu) Co. Ltd.: (2009) China ;
- CertainTeed Corp.: (2009) U.S. ;
- Georgia Pacific Corp.: (2009) U.S. ;
- Dragon Brand, Beijing New Building Materials Co. Ltd.: (2006) China ;
- CertainTeed Corp.: (2009) U.S. ;
- Pingyi Baier Building Materials Co. Ltd.: (2009) China ;
- Sample purchased in China, manufacturer unknown: (2009) China ;
- Panel Rey S.A.: (2009) Mexico ;
- Lafarge North America: (2009) U.S. ;
- National Gypsum Company: (2009) U.S. ;
- National Gypsum Company: (2009) U.S. ;
- Georgia Pacific Corp.: (2009) U.S. ;
- Pabco Gypsum: (2009) U.S. ;
- Temple-Inland Inc.: (2009) U.S. ; and
- USG Corporation: (2009) U.S.
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Last month, CPSC released the results of plasterboard emissions tests by LBNL. The studies showed a connection between certain Chinese plasterboard and corrosion in homes. In addition, the patterns of reactive sulphur compounds emitted from plasterboard samples show a clear distinction between certain Chinese plasterboard samples manufactured in 2005/2006 and other Chinese and non-Chinese plasterboard samples.
To date, CPSC has spent over $5 million to investigate the chemical nature and the chain of commerce of problem plasterboard. Earlier this year, CPSC and the U.S. Department of Housing & Urban Development (HUD) issued an Identification Protocol to help consumers identify problem plasterboard in their homes. Last month, CPSC and HUD issued Remediation Guidance to assist impacted homeowners.
To see this release on CPSC’s WebSite, including a link to a Chart listing plasterboard chamber test results … please go to … www.cpsc.gov/cpscpub/prerel/prhtml10/10243.html
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Air Travel Crisis in Europe – Know & Claim Your Rights !!
This is very personal … family, friends and I myself … have all been caught, twisted and mangled by the current air travel havoc in Europe. Catching a plane is stressful enough … the long queues … the security screening … the silly, ineffective regulations about liquids … the unbelievably high prices for everything at an airport (every airport !) … the marathon walks to departure gates … without having to endure the additional stress of not knowing whether the flight is on or off … and even IF you then get to your destination … not knowing whether the return flight will be on or off.
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For an update on the Volcanic Eruption at Eyjafjallajökull, in Iceland … go to this Page on the Icelandic Meteorological Office WebSite … http://en.vedur.is/earthquakes-and-volcanism/articles/nr/1884
For an update on the Latest Atmospheric Observations, Forecasts and Satellite Imagery … go to this Page on the British Meteorological Office WebSite … http://www.metoffice.gov.uk/weather/europe/volcano/volcano_blog.html
HOWEVER … to Know and Claim Your Rights, under European Union Law, during the volcanic ash crisis … go to this Page on the European Commission (DG SANCO) WebSite … http://ec.europa.eu/dgs/health_consumer/icelandic-volcanic-cloud/index_en.htm It’s time to kick ass with the airlines ! And … that is exactly what happened with Ryanair in Italy, when it was fined €3 Million on 15th May 2010 !!!
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IMPORTANT UPDATE … IATA Press Release #20, dated 18th May 2010 …
[ IATA (International Air Transport Association) represents approximately 230 airlines, comprising 93% of scheduled international air traffic.]
Geneva – The International Air Transport Association (IATA) called on European governments and air navigation service providers to urgently develop more precise procedures to identify ash contaminated air space and allow more flights. The call came in the wake of 1,000 flight cancellations on Monday (17 May) as a result of the continued volcanic eruptions in Iceland.
“This problem is not going away any time soon. The current European-wide system to decide on airspace closures is not working. We welcome the operational refinements made by the Volcanic Ash Advisory Centres (VAAC) in their theoretical model, but we are still basically relying on one-dimensional information to make decisions on a four-dimensional problem. The result is the unnecessary closure of airspace. Safety is always our number one priority. But we must make decisions based on facts, not on uncorroborated theoretical models”, said Giovanni Bisignani, IATA’s Director General and CEO.
Bisignani noted some successful exceptions which provide examples to follow. ”France has been able to safely keep its airspace open by enhancing the VAAC Data with operational expertise to more precisely determine safe fly zones. Today, the UK Civil Aviation, working with the UK NATS (the air navigation service provider), announced another step forward by working with airlines and manufacturers to more accurately define tolerance levels while taking into account special operational procedures. Both are examples for other European governments to follow”, said Bisignani.
Bisignani called for (1) more robust data collection and analysis; (2) a change in the European decision-making process; and (3) urgency in addressing the issues.
Data Collection & Analysis: ”Numbers show that the current system is flawed. Over 200,000 flights have operated in European airspace identified by the VAAC as having the potential presence of ash. Not one aircraft has reported significant ash presence and this is verified by post-flight aircraft and engine inspections. We must back the theory with facts gathered by aircraft to test ash concentration. France and the UK are showing that this is possible. If European civil aviation does not have the resources, it should look to borrow the test aircraft from other countries or military sources”, said Bisignani.
Changing the European Decision-Making Process: “We have lost confidence in the ability of Europe’s governments to make effective and consistent decisions. Using the same data, different countries have come to different conclusions on opening or closing airspace”, said Bisignani.
“Ultimately the industry needs a decision-making process for ash clouds similar to the one used for all other operational disruptions. Every day, airlines make decisions whether to fly or not to fly in various weather conditions. Airlines collate the information available and make informed decisions placing safety first and with full access to all the latest weather reporting. Why should volcanic ash be any different ?”, said Bisignani.
In the US, which has a lot of experience with volcanic activity, the government identifies a no-fly zone where ash concentration is the highest. For all other areas, it is the responsibility of the airline to decide to fly or not based on the various data sources available. ”The US has well-established, safe and effective procedures for tracking the hazards of volcanic ash. In recent years, the industry had no recorded safety incidents from volcanic activity in US airspace. Europe has a lot to learn”, said Bisignani.
Urgency: “Volcanic ash is a new challenge for European aviation. We can understand that systems need to be developed to cope. But, what is absolutely inexcusable is the failure of Europe’s governments to act urgently and collectively to provide real leadership in a crisis. We have vast amounts of data from over 200,000 safe flights ready for analysis to support an urgent review of the current processes. The UK is finally moving in the right direction. But what about the other affected European governments ? The next transport ministers meeting is scheduled for 24th June 2010. What kind of leadership waits more than a month to make crisis decisions ? European businesses are dependant on air travel and passengers certainly cannot wait that long for initiatives like the UK’s to be implemented continent-wide”, said Bisignani.
To enhance the industry’s long-term ability to address volcanic ash issues, Bisignani is travelling to Montreal for urgent meetings with the International Civil Aviation Organization (ICAO). ”IATA and ICAO have been working intensely on this issue since the crisis first struck in April, 2010. IATA is strongly supporting the ICAO Task Force which is reviewing ash tolerance thresholds with states, operators, manufacturers and the scientific community. The responsibility of manufacturers is critical in providing performance information to back decisions”, said Bisignani.
Tomorrow, Bisignani will meet Roberto Kobeh-Gonzales, President of the ICAO Council and Raymond Benjamin, ICAO Secretary-General. ”It is important that we act urgently and globally to better deal with this crisis and to lay a solid foundation for better decision making in future eruptions. Even as Europe stumbles with its fragmented approach, IATA is working with the global community through ICAO and by tapping into the experience of leading regulators like the U.S. Federal Aviation Administration (FAA) to facilitate harmonized solutions”, said Bisignani.
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Earlier Information Which Is Now Very Interesting ! … EEA Press Release, dated 23rd April 2010 …
Volcanic Ash is Having Little Impact on Europe’s Air Quality
Copenhagen – The European Environment Agency (EEA) is closely following the impacts of recent volcanic eruptions in Iceland, in particular assessing changes in ground-level air pollution. According to preliminary monitoring data, ground-level air quality across Europe has not deteriorated significantly as a result of the volcanic activity.
Volcanic eruptions have the potential to inject substantial amounts of sulphur dioxide (SO2) and ash into the atmosphere. Volcanic aerosol, a suspension of fine solid particles or liquid droplets in the air, is created during eruptions and can be transported thousands of kilometres. Particles in the volcanic aerosol may carry pollutants with the potential to harm human health and ecosystems.
So far, monitoring stations in Europe have only detected a few episodes of ambient air concentrations of particulate matter and sulphur dioxide of volcanic origin, in particular at elevated mountainous locations, for example at Zugspitze in Germany (2,659 m). The threat to public health in the European Union is therefore considered minimal at present.
On Iceland, however, the situation is different: concentrations of particulate matter are markedly higher than usual in some areas. That potentially represents a significant threat to humans and farm animals, according to the Icelandic Directorate of Health, which closely monitors pollution levels.
In Europe, rain and snowfall are expected to remove volcanic debris from the atmosphere. Detecting this process requires the chemical content of precipitation to be analysed, which takes time. Should these data indicate high pollutant levels, the current assessment of risk for human health and ecosystems may need to be reassessed.
The EEA maintains a public air quality information system, Air Watch, within its Eye on Earth Portal. It displays near real-time measurements of concentrations of three air pollutants (ground-level ozone O3, particulate matter and nitrogen dioxide NO2) from approximately 1,000 monitoring stations in 32 countries, as well as updates from citizens.
Because ambient air concentrations and fallout can vary across short ranges within Europe, the EEA also advises the public to refer to national or local air quality authorities, which may have additional or new information on local conditions. Detailed information on national and local data providers is also available via Eye on Earth.
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Social Rights in Ireland – Why the Constant Struggle ?
Attention anybody who is screaming, struggling, protesting … being forced to revolt against an unjust and uncaring ‘system’ … so that Vulnerable Individuals and Groups … older people, children, people with disabilities, the homeless, etc., etc., etc … will be treated with dignity, equality and respect in our society … Ireland and the European Union. Pinch yourselves … we are Irish and Europeans !
It is helpful, as an introduction, if a distinction is made between human rights and social rights …
Social Rights: Rights to which an individual person is legally entitled, e.g. the right to free elementary education [Art.26(1), 1948 Universal Declaration of Human Rights], but which are only exercised in a social context with other people, and with the active support of a competent legal authority, e.g. a Nation State.
Commentary: In contrast to Human Rights, it is not protection from the State which is desired or achieved, but freedom with the State’s help.
Social Rights, as distinguished here, include and extend beyond current understandings of civil, political, economic, social and cultural rights.
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Early in the year 2000 … the European Parliament issued a Working Paper (reference PE 168.629) with the title: ‘Fundamental Social Rights in Europe’. The authors were Mark Eric Butt, Julia Kübert and Christiane Anne Schultz. The manuscript was completed in November 1999.
Without getting into the fine detail of the Working Paper … the following Table, on Page 31, is very enlightening …
Click to enlarge this Table.
In the Working Paper, the Table is explained …
‘ The following Table is an overview of the contents of the Member States’ constitutions. It shows what fundamental social rights are enshrined in the constitutions. It is impossible, however, to forge a link between the existence of fundamental social rights and the existence and level of social benefits and institutions in the Member States concerned. This is clear, primarily, from Austria and Great Britain, their columns being empty – whereas they do, of course, have social rights.
The symbol … simple black box … in the table means that the right concerned is referred to in the constitution. The other symbol … shadowed white box … means that, though not explicitly enshrined in the constitution, it is recognised.’
The Countries are listed in the order … Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F), Ireland (IRL), Italy (I), Luxembourg (L), The Netherlands (NL), Austria (A), Portugal (P), Finland (FIN), Sweden (S) and Great Britain (UK).
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Now … compare and contrast … paying particular attention to Ireland …
Interesting … isn’t it ?
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European Parliament’s URBAN InterGroup – Inaugural Meeting
On Wednesday afternoon, 24th February 2010, the URBAN InterGroup of the European Parliament met for the first time in the new Parliamentary Term … at 16.30 hrs … in Meeting Room 6Q2 of the Parliamentary Complex in Brussels, Belgium. Dr. Jan Olbrycht, Member of the European Parliament (MEP), chaired the proceedings. The attendance was large, and included a large proportion of the 50, or so, MEP’s who are directly involved with the InterGroup. Please forgive the jargon, but … many other URBAN InterGroup Partners, Sectoral Stakeholders and Interested Practitioners also attended. However … not one Irish MEP appears to show any interest in this important InterGroup. Why is that ?
Colour photograph showing the Inaugural Meeting of the European Parliament's URBAN InterGroup, in Brussels, on 24th February 2010. The Meeting, chaired by Mr. Jan Olbrycht MEP, had a large attendance. Click to enlarge. Photograph taken by CJ Walsh. 2010-02-24.
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I was very pleased to attend this Meeting, representing Sustainable Design International Ltd. (a Multi-Disciplinary Design & Research Practice in Europe, and a Micro-SME). Further to a series of interventions on my part, the following are some Comments on last Wednesday’s Meeting … and a few Suggestions …
1. Accountable & Representative Governance is an important component in the implementation of Sustainable Human and Social Development. It is not being too ambitious, therefore, to say that the URBAN InterGroup has an important task to fulfil within the ‘system’ of the European Parliament.
2. Within such a ‘system’ … it is a big advantage that the InterGroup’s Structure is informal and fluid. This allows the InterGroup to be cross-party and cross-committee at the Parliament … and to adopt a ‘flexible’ horizontal approach to Urban-Related Issues.
3. This same Horizontal Approach must, however, be applied to a proper consideration of the Urban Environment (City) itself … which is far more than the sum of its buildings, public spaces, transport systems, engineering infrastructure (roads, bridges, etc.), and service utilities, etc., etc.
4. In order to deal effectively with Urban-Related Issues and the many different Sectoral Stakeholders … it is essential that the Intergroup discusses and develops a comprehensive and coherent vision of what exactly is a Sustainable Urban Environment (City). Please see the previous post on this Blog, dated 2010-03-02.
And … even though the regular InterGroup Meetings will be of short duration … it will be of great benefit to link small, individual issues to that larger, coherent vision. Then, and only then, will the InterGroup always know where it is … and, more importantly, in which direction it is travelling … in order to monitor progress.
5. It was not clear to me, at the Meeting, that the significant differences between the words ‘Sustainable’ and ‘Green’ are fully understood. This will cause problems for the InterGroup in the future, and should be examined in more detail.
The European Union (E.U.) Treaties refer to ‘Sustainable Development’ … not to ‘Greenness’ !!
6. It was also evident, at the Meeting, that there is a Lack of Communication between the European Parliament and the European Commission on Urban-Related Issues. Let me immediately say, however, that there is a worrying lack of communication (on any issue !) between the different Directorates-General within the Commission.
It must be a Priority for the InterGroup … a difficult one, I know … to have direct access to available Urban-Related Information … across all of the European Union’s Institutions. It is too wasteful of the InterGroup’s limited resources to be required to ‘re-invent wheels’ !
7. With regard to the URBAN InterGroup’s Work Programme … it is necessary to add a specific mention of the following Two Subjects:
(i) Proactive Climate Change Adaptation
Climate Change Adaptation, generally, encompasses actions to reduce the vulnerability and strengthen the resilience of the Human Environment, including ecological and social systems, institutions and economic sectors … to present and future adverse effects of climate change and the impacts of response measure implementation … in order to minimize the threats to life, human health, livelihoods, food security, assets, amenities, ecosystems and sustainable development.
Urban Environment Climate Change Adaptation, more precisely, means … reliably implementing policies, practices, projects and institutional reforms in the Urban Environment (City) … with the aim of reducing the adverse impacts and/or realizing the benefits directly/indirectly associated with climate change, including variability and extremes … in a manner which is compatible with Sustainable Human and Social Development.
Following detailed briefing meetings, in Dublin, from high-level participants in Copenhagen … the suggestion of this subject arises from what happened … or, more correctly, did not happen … to the European Union and its inadequate Climate Change Policies at the 2009 Climate Summit in December.
(ii) Accessibility for People with Activity Limitations (Personnes à Performances Réduites)
The 2006 United Nations Convention on the Rights of Persons with Disabilities entered into force on 3rd May 2008, i.e. it became an International Legal Instrument. European Union (E.U.) Member States are currently undertaking the process of ratifying this Convention at national level. At a certain stage in the near future, the Union (as a polity, post Lisbon Treaty) will certainly also ratify the Convention.
People with Activity Limitations now have a clearly defined right, under International Law, to be able to access and use the Urban Environment (City). They also have the right to receive an equal and meaningful consideration in situations of risk, e.g. when there is a fire in a building.
The InterGroup must fully take account of these rights ! This is no longer an option. In this regard and until now, the attitudes and performance of the E.U. Institutions has been nothing less than a complete and utter disgrace.
8. With regard to the Main Objectives of the URBAN InterGroup … it is necessary to add the following Preamble to those Objectives …
Adopting a long-term perspective, i.e. beyond the lifetime of any single parliamentary term … the Main Objectives of the InterGroup are to:
- monitor the legislative and non-legislative work of the European Parliament’s Committees on Urban-Related Issues ;
- work on common European Union Strategies – to put Urban Needs on the agenda of E.U. Policies ;
- be actively involved in the preparation of E.U. legislation ;
- constantly stay in contact with partners and practitioners ;
- be informed about the realization of E.U. Policies on the ground.
Please note well … that the short-term perspective of elected politicians, whether at European, National or Local Levels, is a Serious Impediment to the proper implementation of a Sustainable Urban Environment (City) !
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Update on MACLAREN Baby Strollers in the European Union
Further to the previous post concerning MACLAREN Baby Strollers …
Maclaren will provide hinge cover safety kits for all new European Union (E.U.) consumers. From some unspecified date at the beginning of 2010 … which could be January, February, March, or even later … all new pushchairs in shops around Europe will have the hinge covers as a standard accessory. I wonder … will there be a cost for this accessory item ? And, on the ground … who will monitor what is happening … to ensure that there is a high level of consumer protection ?
After a meeting held in Brussels, on 3rd December 2009, with the Chief Executive Officer (CEO) of Maclaren USA, Mr. Farzad Rastegar … European Union Consumer Commissioner Meglena Kuneva welcomed the decision by Maclaren to provide all existing European consumers … on request only … with hinge cover safety kits for their pushchair buggies.
Earlier … in a letter, dated 30 November 2009, to Commissioner Kuneva … Mr. Samuel McQuigg, Managing Director of Maclaren Hong Kong had written …
” The safety of children and peace of mind for parents have always been the top priorities at Maclaren. We hereby confirm that Maclaren are providing the hinge cover safety kits upon consumer request for strollers already in the global market.
All new strollers shipping as of January 2010 will have the hinge covers as a standard accessory included as part of the package. The effective date of this production change is pending confirmation of lead times with our manufacturing group. We can assure you these actions are well underway and we continue to act in a proactive manner.
Yours sincerely, “
Too many chiefs ! All very vague !! Still unacceptable under European Union Primary Legislation, i.e. the E.U. Treaties !!!
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Happy Christmas & Let’s All Stay Safe In Our Homes !
T’is the Season to be jolly ! It is also the time when we remember family and friends … far and near … and those souls, no longer with us, who remain in our hearts. Happy Christmas everyone ! And it will be better in 2010 !!
As a special treat … let’s keep Uncle Gaybo happy … and give each other the gift of ‘Safety’ !
In a previous post concerning the MACLAREN Baby Strollers, I referred to the U.S. Consumer Product Safety Commission (CPSC). A few days ago, on 14th December 2009, the Commission issued the following Seasonal Press Release #10-065 …
Ten Tips to Keep Your Holiday Home Fire and Injury Free: Fires Lead the List of Hazards Related to Holiday Decorations
WASHINGTON, D.C. – As the holiday season approaches, the U.S. Consumer Product Safety Commission (CPSC) is urging consumers to make safety a factor in holiday decorating. Whether it is careful candle placement or checking the warning label on the holiday lights, simple safety steps can go a long way in preventing fires and injuries this year.
Annually, during the two months surrounding the holiday season, more than 14,000 people are treated in hospital emergency rooms due to injuries related to holiday decorating. In addition, Christmas trees are involved in hundreds of fires resulting in an average of 15 deaths and $13 million dollars in property damage annually. Candle-related fires lead the list of hazards averaging more than 12,000 a year, resulting in 150 deaths and $393 million in property damage.
“Holiday decorating related fires and injuries most often involve defective holiday lights, unattended candles and dried-out Christmas trees”, said CPSC Chairperson Inez Tenenbaum. ”We are providing this list of 10 Simple Safety Steps to help keep your holiday home safe.”
Use the Following 10 Safety Tips when Decorating This Year:
Christmas Trees & Decorations
1. When purchasing an Artificial Tree, DO look for the label “Fire Resistant”. Although this label does not mean the tree won’t catch fire, it does indicate the tree is more resistant to catching fire. [In Ireland, ask anyway !]
2. When purchasing a Live Tree, DO check for freshness. A fresh tree is green, needles are hard to pull from branches and do not break when bent between your fingers. The bottom of a fresh tree is sticky with resin, and when tapped on the ground, the tree should not lose many needles.
3. When Setting Up A Tree at home, DO place it away from heat sources such as fireplaces, vents, and radiators. Because heated rooms dry out live trees rapidly, be sure to monitor water levels and keep the stand filled with water. Place the tree out of the way of traffic, and do not block doorways.
4. In homes with Young Children, DO take special care to avoid sharp, weighted or breakable decorations, keep trimmings with small removable parts out of the reach of children who could swallow or inhale small pieces, and avoid trimmings that resemble sweets or food that may tempt a child to eat them.
Christmas Lights
5. Indoors or Outside, DO use only lights that have been tested for safety by an independent, accredited testing laboratory … such as UL (USA) or TÜV (Germany).
6. Check each Set of Lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Throw out, and carefully dispose of, damaged sets. DON’T use electric lights on a metallic tree.
7. If using an Electric Extension Cable, DO make sure it is rated for the intended use.
8. When using Lights Outdoors, DO check labels to be sure the lights have been approved for outdoor use and only plug them into an external, weather and circuit-breaker protected socket outlet.
Candles
9. Always keep Burning Candles within sight. DO extinguish all candles before you go to bed, leave the room or leave the house.
10. DO keep Lighted Candles away from items that can catch fire and burn easily, such as trees, other evergreens, decorations, curtains and furniture.
Get more Christmas Decorating Safety Tips at CPSC’s WebSite … www.cpsc.gov/
My Questions: In Ireland … is our Consumer Protection Legislation adequate ? More importantly … is compliance adequately monitored ? Relating to the critical area of fire safety in the home … do we have any, or sufficient, independent and accredited testing laboratories ?
END
BER Certificates – A Major Infra-Red Survey in Paris (VIII)
Still recovering from the shock of the 2009 Copenhagen Accord (!!!) … something has to be said before talking about Paris or France again. It’s funny looking back, now, to last November …
Wednesday Evening (2009-11-18) – Soccer World Cup Play-Off – Ireland v France – Stade de France
I admit it … I was not a believer before the match … and was expecting that Ireland would be blown out of the stadium. However … at the kick-off, I found myself glued to the television. It was a blatant, intentional and obvious handball by Thierry Henry. There might be a simple explanation … perhaps, he is a fan of Gaelic Football and somebody gave him a present of a DVD last Christmas !
Après le Match en Irlande
There is nothing so boring as listening to the English go on … and on … and on … and on … about that 1986 Diego Maradona Goal. Pay-back time for Las Malvinas ? Let’s stop the whinging … and move on. We can be a great team – not just a good team – at the next European Championships in 2012 !
Anyway … back to Paris …
Colour photograph of a Multi-Storey Paris Apartment Block (1975-81). Click to enlarge.
Early last spring (2009) … as a Special Project in preparation for Copenhagen … some very intelligent people in the Office of the City Mayor (who understand the value, but also the limitations, of marketing campaigns !) … organized that 500 typical buildings of the city, from each of the different historical periods up to the present day, would be surveyed using Infra-Red Thermography. To complement the building surveys … an aerial survey of the whole city was also carried out. The results will be placed in the public domain … for all in Paris to see … during 2010.
Colour thermograph of the Same Multi-Storey Paris Apartment Block (1975-81). Parts of the building where most heat is being lost are shown in red. An accompanying vertical surface temperature scale is also shown on the right of the image. Click to enlarge.
The following Project Description was contained in the French Design e-Newsletter ‘Maison à Part’ (www.maisonapart.com), dated Friday 23rd October 2009. This description is more interesting and informative than a similar description on the City Mayor’s WebSite (www.paris.fr) !
Une Thermographie Parisienne Instructive …
Colour photograph of a Multi-Storey Paris Block of Flats (1945-67). Click to enlarge.
A l’occasion des Journées Parisiennes de l’Énergie et du Climat du 22 au 25 Octobre 2009, la ville de Paris présente pour la première fois les résultats de la campagne de photographies en infrarouge de la capitale. Cette carte thermographique permet d’analyser les bâtiments énergivores.
Colour thermograph of the Same Multi-Storey Paris Block of Flats (1945-67). Parts of the building where most heat is being lost are shown in red. An accompanying vertical surface temperature scale is also shown on the right of the image. Click to enlarge.
A six semaines de l’ouverture de la Conférence des Nations-Unies sur le Changement Climatique à Copenhague, la ville souhaite montrer son engagement dans la lutte contre le réchauffement climatique. C’est tout l’objet des deuxièmes journées parisiennes énergie et climat, qui se tiendront du 22 au 25 Octobre au Palais Brongniart à Paris. L’occasion également de découvrir pour la première fois, lors d’une exposition, une carte thermographique des immeubles parisiens. Réalisée sur 500 bâtiments de style et d’âge différents, elle permet de se rendre compte de toutes les déperditions d’énergie et de trouver ainsi les solutions adéquates. Chaque Parisien pourra ainsi découvrir sur une carte géante de Paris, son immeuble et sa performance énergétique.
Des Prises de Vue Révélatrices …
Colour photograph of a Large Paris Residence (Before 1850). Click to enlarge.
Mais d’où viennent ces photos ? “La nuit du vendredi 6 mars 2009, l’ensemble du territoire parisien a été thermographié depuis un avion” est-il expliqué. “La thermographie aérienne est une technique qui permet de mesurer la température à la surface des toitures à l’aide d’une caméra infrarouge et d’analyser la déperdition de chaleur des constructions.” Ainsi, “plus le toit apparaît rouge, plus il est chaud, ce qui signifie qu’une partie de l’énergie dépensée pour chauffer le logement est en fait perdue dans l’atmosphère.” Une campagne de prises de vue des façades à l’aide d’une caméra thermique – l’hiver en début de soirée, lorsque le thermomètre est en dessous de 5°C – réalisée par la ville permet de compléter l’ensemble.
“Chaque grande période de construction à Paris est analysée sous l’angle architectural et thermique, avec des préconisations de travaux pour chacune” précise les organisateurs de l’exposition.
Colour thermograph of the Same Large Paris Residence (Before 1850). Parts of the building where most heat is being lost are shown in red. An accompanying vertical surface temperature scale is also shown on the right of the image. Click to enlarge.
Courant 2010, un Site Internet représentant chaque type d’immeuble devrait être mis en place, grâce auquel chacun pourra “tirer des préconisations générales” en matière d’économies d’énergie pour son propre immeuble, même si “cette photographie ne remplace pas un diagnostic thermique”, a précisé à l’AFP l’adjoint à l’environnement de la Mairie de Paris, Denis Baupin. Le Site montrera quatre photos de façade par bâtiment, la couleur rouge symbolisant les pertes d’énergie les plus importantes.
END
MACLAREN Strollers – Bad Consumer Protection in Europe ?
In the case of the recent recall of MACLAREN Baby Strollers in the USA … it is troubling to witness what is NOT happening here, in Europe, either at the level of the European Union (EU) and its Institutions … or, at national level, in the EU Member States.
ALL are failing the European Consumer !
IF the Maclaren Stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to a child when a consumer is unfolding/opening the stroller … AND … Maclaren has received 15 reports of children placing their finger in the stroller’s hinge mechanism, resulting in 12 reports of fingertip amputations in the United States … HOW ARE THESE PRODUCTS SAFE IN EUROPE ????
Maclaren Baby Strollers are sold in the Americas, Oceania … and throughout Europe and Asia …
Colour photograph of one model of the Recalled MACLAREN Baby Strollers in the USA. Photograph from U.S. CPSC WebSite.
On 9th November 2009, the U.S. Consumer Product Safety Commission (CPSC) … www.cpsc.gov … issued the following Press Release #10-033 …
Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in co-operation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Maclaren Strollers
Units: About one million
Distributor: Maclaren USA, Inc., of South Norwalk, Conn.
Hazard: The stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller.
Incidents/Injuries: The firm has received 15 reports of children placing their finger in the stroller’s hinge mechanism, resulting in 12 reports of fingertip amputations in the United States.
Description: This recall involves all Maclaren single and double umbrella strollers. The word “Maclaren” is printed on the stroller. The affected models included Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller.
Sold at: Babies’R'Us, Target and other juvenile product and mass merchandise retailers nationwide from 1999 through November 2009 for between $100 and $360.
Manufactured in: China
Remedy: Consumers should immediately stop using these recalled strollers and contact Maclaren USA to receive a free repair kit.
Consumer Contact: For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at http://recall.maclarenbaby.com/
To see this recall on CPSC’s WebSite, including pictures of the recalled products, please go to: http://www.cpsc.gov/cpscpub/prerel/prhtml10/10033.html
What is Maclaren itself saying on its own U.S. WebSite ? Bear in mind that standards … no matter where their origin … are never perfect, and are always requiring revision and regular updates.
IMPORTANT NOTICE
Consistent with our unwavering commitment to child safety we are providing U.S. consumers notice of a voluntary recall of all Maclaren umbrella strollers sold in the U.S. In cooperation with the U.S. Consumer Product Safety Commission, we are providing free of charge to all affected consumers and retailers a kit to cover the stroller’s hinge mechanism, which poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller. The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller.
Maclaren USA’s Umbrella Strollers meet all U.S. ASTM & JPMA compliance standards. These certifications guarantee our umbrella strollers meet the maximum safety standards available. The voluntary recall is to alert the operator when opening or closing the stroller of the possible risk of injury.
Safety is our first priority and through this voluntary effort we urge consumers to contact us immediately to obtain the kit which consists of hinge covers designed specifically to fit all Maclaren strollers.
Maclaren stresses all operators read the instruction manual prior to use which contains valuable safety tips and service recommendations.
Even though it is slightly premature, by just a few weeks, to be quoting what the Consolidated European Union Treaties, as amended by the 2007 Lisbon Treaty, have to say about Consumer Protection … it still makes interesting reading … and, anyway, the legal intent of Article 169 was not actually amended by the Lisbon Treaty …
Treaty on the Functioning of the European Union, Title XV
Article 169
1. In order to promote the interests of consumers and to ensure a high level of consumer protection, the Union shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests.
2. The Union shall contribute to the attainment of the objectives referred to in paragraph 1 through:
(a) measures adopted pursuant to Article 114 in the context of the completion of the internal market ;
(b) measures which support, supplement and monitor the policy pursued by the Member States.
3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall adopt the measures referred to in paragraph 2(b).
4. Measures adopted pursuant to paragraph 3 shall not prevent any Member State from maintaining or introducing more stringent protective measures. Such measures must be compatible with the Treaties. The Commission shall be notified of them.
END
Disability Access Certificates – A Time to Worry ? (I)
Some of you are already hitting the Internet Search Engines … with fierce intent altogether … about Disability Access Certificates (DAC’s) ! Is it time to panic ? No.
For a simple and direct hit, the 2 most relevant Irish Legal Instruments are:
1. Statutory Instrument No. 352 of 2009 – Building Control Act 2007 (Commencement) Order 2009.
This states …
” The 30 September 2009 is appointed as the day on which the provisions of Sections 5 and 6 of the Building Control Act 2007 shall come into operation.”
Section 5 covers the Amendment of Section 6 (Building Control Regulations) of the Building Control Act 1990.
Section 6 covers the Amendment of Section 7 (Appeals) of the Building Control Act 1990.
2. Statutory Instrument No. 351 of 2009 – Building Control (Amendment) Regulations 2009.
This states …
” These Regulations shall come into effect on 1 October 2009, except for the provisions of Article 8 which shall come into effect on 1 January 2009.”
Article 8 covers Disability Access Certificates and Revised Disability Access Certificates.
For you, yourself, to properly examine all of the ‘ins and outs’ of this New Certification Scheme … download the PDF File below … and then search the document (making sure that it is not case-sensitive !) using the phrase ‘Disability Access Certificate’. You will find 99 instances where the phrase is used.
Enjoy !
Click above to view and/or download PDF File
In order to make full sense of all that is happening, and is intended to happen in the not too distant future … there are a few other Legal Instruments, related to the two listed, which also need to be consulted … but that is an exercise meant for masochists !
In comparison, the European Union Lisbon Treaty was a sweet bedtime story ! Seriously !!
Is it time to worry ? Yes.
Here are just a few random ideas for your cogitation …
- If the Department of the Environment, Heritage & Local Government (DEHLG) pays little heed to Submissions made during and after this summer’s ‘consultation’ process … the proposed New Technical Guidance Document M: ‘Access & Use’ will end up looking like a real dog’s dinner of an absolute mess ! FUBAR.
Years were spent in the preparation of the New TGD M. When it does eventually appear, it will be an accurate reflection of technical capacities within both the Department and the National Disability Authority (NDA).
Deeply regretted is the absence of Mr. Kevin Spencer … a gentle soul … from the DEHLG. Things have not been the same since his departure. He knew what he was talking about.
- Who will deal, at a technical level, with Applications for Disability Access Certificates in the Local Authorities ? Will they be competent to do so ? Will their interpretation of the Part M Legal Requirements be harmonized … not just with other/different Authorities … but even with other technical personnel in the same Authority ???
- In order to make this new certification scheme work, will the Guidance Text in Technical Guidance Document M (whatever version appears !) be operated as if it were Prescriptive Regulation … which will be totally illegal ?
This has been exactly the story … for many years … with the Guidance Text in Technical Guidance Document B … in the course of operation of the Fire Safety Certification Scheme. FUBAR.
- If, as I hinted above, the proposed New Technical Guidance Document M: ‘Access & Use’ will be a real dog’s dinner of a mess … falling far short of what can now be reasonably described as minimal accessibility performance (see the Draft International Accessibility-for-All Standard ISO 21542) … this will certainly open Building Owners/Managers of newly completed buildings to Complaints under Irish Equality Legislation. Why is the Disability Sector so inactive with regard to making complaints ?
and finally …
- Are the relevant Irish Decision Makers, as I suggested might happen in a previous post, in the process of actually sleepwalking into an unquestioned acceptance of the inadequate British Standards BS 9999 : 2008 and BS 8300 : 2009 ??? Do they know how to do anything else ?
For some sublime moments of meditation, however, please chew on the information provided at these Pages on the SDI Support WebSite …
Disability Rights & Removing Physical Restrictions on Participation in Society ;
Towards a Sustainable Social Environment, Accessibility-for-All & Facilitation Design (2001 WHO ICF) ;
Fire Evacuation-for-All & Principles of Fire Engineering.
END
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