european union
NIST WTC Recommendations 8-11 > New Design of Structures
Previous Posts in This Series …
2011-10-25: NIST’s Recommendations on the 9-11 WTC Building Collapses … GROUP 1. Increased Structural Integrity – Recommendations 1, 2 & 3 (out of 30)
2011-11-18: NIST WTC Recommendations 4-7 > Structural Fire Endurance … GROUP 2. Enhanced Fire Endurance of Structures – Recommendations 4, 5, 6 & 7
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2011-11-24: SOME PRELIMINARY COMMENTS …
1. The first of two NIST Publications being referenced in this Series of Posts is as follows …
NIST (National Institute of Standards and Technology). September 2005. Federal Building and Fire Safety Investigation of the World Trade Center Disaster: Final Report on the Collapse of the World Trade Center Towers. NIST NCSTAR 1. Gaithersburg, MD, USA.
The 2005 NIST Report concludes, in Chapter 9, with a list of 30 Recommendations for Action, grouped together under the following 8 Subject Headings …
i) Increased structural integrity ;
ii) Enhanced fire endurance of structures ;
iii) New methods for fire resisting design of structures ;
iv) Enhanced active fire protection ;
v) Improved building evacuation ;
vi) Improved emergency response ;
vii) Improved procedures and practices ; and
viii) Education and training.
NIST has clearly stated that “the numerical ordering (of the Recommendations) does not reflect any priority”.
From my point of view, the 2005 NIST Report is especially noteworthy for the emphasis placed on:
(a) The 3 R’s … Reality – Reliability – Redundancy ;
(b) Evacuation Way Finding … should be ‘intuitive and obvious’ … a major challenge for building designers, since buildings are still typically designed for ‘access’ only. In order to find the evacuation routes in a building, it is usually necessary to have a compass, a map, a magnifying glass, a torch … and a prayer book !!! More about this in later posts …
2. However, following on from NIST’s emphasis on Reality … and just between you, me and the World Wide Web … there is a lot of misunderstanding in the International Fire Science and Engineering Community about what exactly is the Realistic End Condition. But, here it goes …
Realistic End Condition: A ‘real’ fire in a ‘real’ building, which is used by ‘real’ people with varying abilities in relation to self-protection, independent evacuation to a ‘place of safety’, and participation in the Fire Defence Plan for the building.
It is strange, therefore … and quite unacceptable … to have to point out that the Realistic End Condition IS NOT … a test fire or an experimental fire in a laboratory … or a design fire in a computer model, even IF it is properly validated !
3. With regard to Recommendation 8 below … NIST’s contention that “Current methods for determining the fire resistance of structural assemblies do not explicitly specify a performance objective” is not strictly the case.
If we examine Technical Guidance Document B (Ireland) and Approved Document B (England & Wales) once again, as examples close to home … Part B: ‘Fire Safety’ in both jurisdictions should be read in conjunction with its associated Part A: ‘Structure’, which contains a requirement on Disproportionate Damage.
In everyday practice, however, this never happens. Instead, people dealing with Part B in both jurisdictions enter a sort of bubble … a twilight zone … and, if there is anything to do with structural performance in fire, they immediately refer to the Appendices at the back of both Guidance Documents (ignoring Part A altogether) … where we find a ‘single element’ approach to design, no consideration of connections, etc., etc., etc.
And … this fundamental error is further reinforced in Ireland because, under the national system of Fire Safety Certification for buildings, it is only Part B which is relevant.
At European Level, I would make the same point … under EU Regulation 305/2011 on Construction Products … Basic Requirement for Construction Works 2: ‘Safety in Case of Fire’ must be read in conjunction with Basic Requirement 1: ‘Mechanical Resistance & Stability’ … where we will again find a direct reference to Disproportionate Damage … and an indirect, but explicit, reference to Serviceability Limit States under normal conditions of use … including fire !
A major gap … the missing link at international level … is the failure, still, to elaborate and flesh out the structural concept of Fire-Induced Progressive Collapse. More about this in later posts …
4. With regard to Recommendation 10 below … and amplifying my earlier comments concerning Recommendation 6 … the manufacturers of all Lightweight Structural Fire Protection Systems … not just the Sprayed Systems … have a lot to answer for.
Major question marks concerning Life Cycle Durability, and Resistance to Mechanical Damage at any stage in a building’s life cycle, hang over all of these systems.
Fire testing, alone, does not show that a Lightweight Structural Fire Protection System is ‘fit for its intended use’ ! And manufacturers well know this !!!
And as for the Installation of Lightweight Structural Fire Protection Systems on site … it’s a hornets’ nest that nobody wants to touch !
Vested interests … vested interests … vested interests !!!
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2005 NIST WTC RECOMMENDATIONS
GROUP 3. New Methods for Fire Resisting Design of Structures
The procedures and practices used in the fire resisting design of structures should be enhanced by requiring an objective that uncontrolled fires result in burnout without partial or global (total) collapse. Performance-based methods are an alternative to prescriptive design methods. This effort should include the development and evaluation of new fire resisting coating materials and technologies, and evaluation of the fire performance of conventional and high-performance structural materials.
NIST WTC Recommendation 8.
NIST recommends that the fire resistance of structures be enhanced by requiring a performance objective that uncontrolled building fires result in burnout without partial or global (total) collapse. Such a provision should recognize that sprinklers could be compromised, non-operational, or non-existent. Current methods for determining the fire resistance of structural assemblies do not explicitly specify a performance objective. The rating resulting from current test methods indicates that the assembly (component or sub-system) continued to support its superimposed load (simulating a maximum load condition) during the test exposure without collapse. Model Building Codes: This Recommendation should be included in the national model building codes as an objective, and adopted as an integral pert of the fire resistance design for structures. The issue of non-operational sprinklers could be addressed using the existing concept of Design Scenario 8 of NFPA 5000, where such compromise is assumed and the result is required to be acceptable to the Authority Having Jurisdiction (AHJ). Affected Standards: ASCE-7, AISC Specifications, ACI 318, and ASCE/SFPE 29.
NIST WTC Recommendation 9.
NIST recommends the development of: (1) performance-based standards and code provisions, as an alternative to current prescriptive design methods, to enable the design and retrofit of structures to resist real building fire conditions, including their ability to achieve the performance objective of burnout without structural or local fire collapse; and (2) the tools, guidelines, and test methods necessary to evaluate the fire performance of the structure as a whole system. Standards development organizations, including the American Institute of Steel Construction, have already begun developing performance-based provisions to consider the effects of fire in structural design.
This performance-based capability should include the development of, but not be limited to:
a. Standard methodology, supported by performance criteria, analytical design tools, and practical design guidance; related building standards and codes for fire resistance design and retrofit of structures, working through the consensus process for nationwide adoption; comprehensive design rules and guidelines; methodology for evaluating thermo-structural performance of structures; and computational models and analysis procedures for use in routine design practice.
b. Standard methodology for specifying multi-compartment, multi-floor fire scenarios for use in the design and analysis of structures to resist fires, accounting for building-specific conditions such as geometry, compartmentation, fuel load (e.g. building contents and any flammable fuels such as oil and gas), fire spread, and ventilation; and methodology for rating the fire resistance of structural systems and barriers under realistic design-basis fire scenarios.
c. Publicly available computational software to predict the effects of fires in buildings – developed, validated, and maintained through a national effort – for use in the design of fire protection systems and the analysis of building response to fires. Improvements should include the fire behaviour and contribution of real combustibles; the performance of openings, including door openings and window breakage, that controls the amount of oxygen available to support the growth and spread of fires and whether the fire is fuel-controlled or ventilation-controlled; the floor-to-floor flame spread; the temperature rise in both insulated and un-insulated structural members and fire barriers; and the structural response of components, sub-systems, and the total building system due to the fire.
d. Temperature-dependent thermal and mechanical property data for conventional and innovative construction materials.
e. New test methods, together with associated conformance assessment criteria, to support the performance-based methods for fire resistance design and retrofit of structures. The performance objective of burnout without collapse will require the development of standard fire exposures that differ from those currently used.
Affected National and International Standards: ASCE-7, AISC Specifications, ACI 318, and ASCE/SFPE 29 for fire resistance design and retrofit of structures; NFPA, SFPE, ASCE, and ISO TC92 SC4 for building-specific multi-compartment, multi-floor design basis fire scenarios; and ASTM, NFPA, UL, and ISO for new test methods. Model Building Codes: The performance standards should be adopted as an alternative method in model building codes by mandatory reference to, or incorporation of, the latest edition of the standard.
NIST WTC Recommendation 10.
NIST recommends the development and evaluation of new fire resisting coating materials, systems, and technologies with significantly enhanced performance and durability to provide protection following major events. This could include, for example, technologies with improved adhesion, double-layered materials, intumescent coatings, and more energy absorbing SFRM’s.* Consideration should be given to pre-treatment of structural steel members with some type of mill-applied fire protection to minimize the uncertainties associated with field application and in-use damage. If such an approach were feasible, only connections and any fire protection damaged during construction and fit-out would need to be field-treated. Affected Standards: Technical barriers, if any, to the introduction of new structural fire resisting materials, systems and technologies should be identified and eliminated in the AIA MasterSpec, AWCI Standard 12 and ASTM standards for field inspection, conformance criteria, and test methods. Model Building Codes: Technical barriers, if any, to the introduction of new structural fire resisting materials, systems, and technologies should be eliminated from the model building codes.
[ * F-34 Other possibilities include encapsulation of SFRM by highly elastic energy absorbing membranes or commodity grade carbon fibre or other wraps. The membrane would remain intact under shock, vibration, and impact but may be compromised in a fire, yet allowing the SFRM to perform its thermal insulation function. The carbon wrap would remain intact under shock, vibration, and impact, and possibly under fire conditions as well.]
NIST WTC Recommendation 11.
NIST recommends that the performance and suitability of advanced structural steels, reinforced and pre-stressed concrete, and other high-performance material systems be evaluated for use under conditions expected in building fires. This evaluation should consider both presently available and new types of steels, concrete, and high-performance materials to establish the properties (e.g. yield and ultimate strength, modulus, creep behaviour, and failure) that are important for fire resistance, establish needed test protocols and acceptance criteria for such materials and systems, compare the performance of newer systems to conventional systems, and the cost-effectiveness of alternative approaches. Technical and standards barriers to the introduction and use of such advanced steels, concrete, and other high-performance material systems should be identified and eliminated, or at least minimized, if they are found to exist. Affected Standards: AISC Specifications and ACI 318. Technical barriers, if any, to the introduction of these advanced systems should be eliminated in ASTM E 119, NFPA 251, UL 263, ISO 834. Model Building Codes: Technical barriers, if any, to the introduction of these advanced systems should be eliminated from the model building codes.
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‘Greening’ Ireland’s Economy – Will Somebody Please Get Real ?
2011-11-21: The International Labour Office (ILO), in Geneva, and the European Union’s Centre for the Development of Vocational Training (CEDEFOP) … have recently published a Joint Report: ‘Skills for Green Jobs – A Global View’ …
ILO – EU CEDEFOP
‘Skills for Green Jobs – A Global View’ (a synthesis report based on 21 country reports)
Click the Link Above to read and/or download PDF File (5.3 Mb)
The vision is positive … its advice is practical … and the writers actually sound as if they know what they are talking about. And it is evident that the word ‘green’ is used, in this Report, as a simple means of communicating the far more complex concept of ‘sustainable human and social development’, with all of its many different aspects. Judge for yourself by reading the extract from the Executive Summary below.
This Report’s contents also complement, very neatly, what has been said here in many posts … concerning the institutional infrastructure necessary, in societies, to properly implement an effective response to policies of energy conservation and security, climate change and sustainable development.
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WAYS FORWARD [ Pages xxiv to xxvi, Executive Summary, ILO - EU CEDEFOP Report: 'Skills for Green Jobs - A Global View' ]
It is important to remember that skills are not a poor servant of the economy, expected merely to react and adjust to any change. The availability of a suitably trained workforce capable of further learning inspires confidence that in turn encourages investment, technical innovation, economic diversification and job creation.
Policies Need to be Informed, Coherent and Co-Ordinated
When policies to green the economy and policies to develop skills are not well connected, skill bottlenecks will slow the green transformation, and potential new jobs will be lost. Strategic, leadership and management skills that enable policy-makers in governments, employers’ associations and trade unions to set the right incentives and create enabling conditions for cleaner production and services are an absolute priority.
Environmental awareness as an integral part of education and training at all levels, introduced as a core skill from early childhood education onwards, will eventually push consumer behaviour and preferences and the market itself.
Labour market information for anticipating and monitoring skill needs for green jobs is the critical starting point for effective policy cycles. This enables governments and businesses to anticipate changes in the labour market, identify the impact on skill requirements, incorporate changes into the system by revising training programmes and introducing new ones, and monitor the impact of training on the labour market.
The country studies that told the most successful stories prove the value of effective co-ordination among line ministries and social partners, achieved by creating task forces for human resource development for a greening economy, or by incorporating training and skills issues into a council for environmental development. It is important that the platform for this dialogue has decision-making authority, can establish clear commitments among all those partners involved and allocate human and financial resources to them, and has agreed responsibilities not only for planning but for implementation. A win–win situation can only be achieved if environment, jobs and skills are discussed, planned and implemented in conjunction with each other.
Decentralized approaches can actually promote policy co-ordination and coherence at sectoral and local levels. Direct dialogue between national and regional governments and social partners can be translated into action when commitments and resource allocation occur at a smaller scale and where immediate dividends are obvious for all partners involved. A good combination of top-down co-ordinated policy-making with bottom-up sectoral or local initiatives can support effective training-intensive green transitions.
Policies Need to be Targeted
The transformation to greener economies provides an opportunity to reduce social inequalities. Social justice dictates that training initiatives target those who lose jobs during the transition, especially those who are typically at a disadvantage in the labour market and may require special assistance. The growth dividend from greening the economy will be attained only if access to new training provided as part of green measures is made accessible to disadvantaged youth, persons with disabilities, rural communities and other vulnerable groups. Incentives to increase women’s participation in technical training programmes will not only increase their participation in technology-driven occupations but also help solve the skill shortage problem in this segment of the labour market.
Green Transitions Affect the Entire Training System
Taking into account all three types of skills change – that resulting from employment shifts within and across sectors as the consequence of green restructuring, that associated with new and emerging occupations, and the massive change in the content of established occupations – it becomes clear that the whole training system must be mobilized. Adjusting training programmes to green changes in the labour market is a transversal task across levels and types of education and training.
So far, compulsory level and tertiary education have been catching up rather well, whereas technical and vocational education and training has been lagging behind in adapting to the needs of the green economy. Improving adjustment here can give new impetus to employment-centred and fair green transitions and requires the following key challenges to be met:
- Putting basic skills high on the policy agenda, as a foundation of flexibility and employability throughout the life cycle ;
- Matching classroom and practical training through apprenticeships, internships, job placements, projects on the job etc ;
- Adjusting the length and breadth of training provision according to different types of skills change ;
- Equipping teachers and trainers with up-to-date knowledge on environmental issues and on green technologies – education and training which deals with preparation of teachers and trainers should be one of the first priorities in skills response strategies ;
- Enabling active labour market policy measures (ALMP’s) to take into account green structural change and to provide access to relevant training and other employment activation measures ; and
- Deploying public employment services (PES), as important players in job matching and training, to raise awareness about green business opportunities and related skill needs.
The linchpin of effective skills development for greening the economy is co-ordination. The degree of co ordination between public and private stakeholders and the degree of involvement of social partners are decisive. Concerted measures need to be undertaken by governments at different levels, including the community level, employers and workers, through institutional mechanisms of social dialogue, such as national or regional tripartite councils, sector or industry skills councils, public–private partnerships and the like.
Developing Countries Need Special Measures
Developing countries, and the workers and employers in them, have the least responsibility for climate change and environmental degradation but suffer their economic and social consequences disproportionately. Special measures that can speed their employment-centred green transformations include:
- capacity building for employers in the informal economy and micro- and small enterprises to enter green markets in localities where they are most needed ;
- entrepreneurship training and business coaching for young people and adults to start up green businesses in conjunction with micro-finance projects ;
- environmental awareness among decision-makers, business leaders and administrators as well as institutions of formal and non-formal training systems ;
- capacity building of tripartite constituents to strengthen social dialogue mechanisms and to apply these to dialogue about accessibility of training for green jobs ; and
- increased capacity of formal education and training systems and institutions to provide basic skills for all and to raise the skills base of the national workforce ; this includes improving apprenticeship systems and building synergies with NGO’s that provide education and training.
These measures can only be taken if resources are available. It is therefore recommended that not only national governments but also international partnerships in developing countries take these recommendations into account both in environment programmes and in skills development programmes.
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‘GREENING’ IRELAND’s ECONOMY ?
Ireland was not one of the countries examined in the ILO / EU CEDEFOP Project. That should tell us a lot !
BUT … just pause for a moment … and meditate on the many skill-related issues arising from the debacle at the Priory Hall Apartment Development, in Dublin.
AND NOW … read the following extracts from recent Irish National Reports … ‘high notions’ from goats in the Kerry Mountains …
The Overarching Vision – Forfás Report: ‘Future Skills Needs of Enterprise within the Green Economy in Ireland’ (November 2010) …
” For Ireland to be the benchmark ‘smart green’ economy for population centres under 20 million by 2015 – and to have the skills base and talent to drive innovative and high value products and services and maximise future business and employment growth potential.”
Final Paragraphs, #7 Conclusions – Review of National Climate Policy (November 2011) …
” In the wider-international context, there are also encouraging signs of a new ‘green growth’ paradigm which emphasises resource efficiency, the protection of natural resources and competitiveness along with the creation of new jobs. A long-term view of how Ireland aligns its economic development with the demands of the growth engines of global commerce should be at the core of a low-carbon development vision. In order to create enabling conditions for selling into these markets, many of which are already gearing up for the green economy, it will be necessary to ensure that the domestic conditions are right to encourage innovation. This can be done by showing environmental ambition and using tools that allow the market to identify solutions. That will require a combination of taking the best of what is working in other countries as well as devising domestically appropriate policies that will place Ireland in the vanguard of countries making the most of the opportunities presented by the green economy.
In terms of a long-term national vision of a carbon-constrained world, Ireland is faced with both the challenge of addressing a unique greenhouse gas emissions profile and the opportunity to position itself as an enlightened society with an environmentally sustainable and competitive, low-carbon economy. Developing the policies to put Ireland on a clear and definite path to achieve that vision is the immediate priority.”
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Who Are These Moráns ?!? Will Somebody Please Get Real !?!
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Corporate Social Responsibility – Updated EU Strategy 2011-14
2011-11-15: The European Commission, in Brussels, recently published a New European Union Policy Document on Corporate Social Responsibility (CSR) … COM(2011) 681 final – Brussels, 2011-10-25.
To access this document … just go down to the EUR-Lex Link on the right hand side of this Page.
The Updated EU CSR Strategy for 2011-2014 signals an important change of direction … more a re-balancing of emphasis … which enterprises, of all sizes, should immediately be aware of … and whether or not these enterprises are located within Europe … or outside, as far away as China, India, Japan, South Africa, the USA or Brazil, etc.
The Updated CSR Strategy also confirms how the merging of the different and interrelated aspects of Sustainable Human & Social Development, i.e. social, economic, environmental, institutional, political and legal … is progressing nicely, and gathering some momentum. We have discussed this issue here many times … and promoted it elsewhere in our work, particularly during the last decade. How time flies !
[ In this last regard, reference should also be made to the United Nations Development Programme (UNDP) 2011 Human Development Report: 'Sustainability and Equity - A Better Future for All', which was launched in Copenhagen on 2 November 2011.]
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A New Definition for Corporate Social Responsibility (CSR) …
The European Commission puts forward a new definition of CSR as ‘the responsibility of enterprises for their impacts on society’.
Respect for applicable legislation and for collective agreements between social partners are prerequisites for meeting that responsibility. To fully meet their corporate social responsibility, enterprises should have in place a process to integrate social - environmental - ethical - human rights and consumer concerns into their business operations and core strategy in close collaboration with their stakeholders, with the aim of:
- maximising the creation of shared value for their owners/shareholders, and for their other stakeholders and society at large ;
- identifying, preventing and mitigating their possible adverse impacts.
The complexity of that process will depend on factors such as the size of the enterprise and the nature of its operations. For most small and medium-sized enterprises, especially micro-enterprises, the CSR Process is likely to remain informal and intuitive.
To maximise the creation of shared value, enterprises are encouraged to adopt a long-term, strategic approach to CSR, and to explore the opportunities for developing innovative products, services and business models that contribute to Social Wellbeing and lead to higher quality and more productive jobs.
To identify, prevent and mitigate their possible adverse impacts, large enterprises, and enterprises at particular risk of having such impacts, are encouraged to carry out risk-based due diligence, including through their supply chains.
Certain types of enterprise, such as co-operatives, mutuals, and family-owned businesses, have ownership and governance structures that can be especially conducive to responsible business conduct.
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The Updated EU CSR Strategy elaborates an Action Agenda for 2011-2014 …
1. Improving Company Disclosure of Social and Environmental Information: the new strategy confirms the European Commission’s intention to bring forward a new legislative proposal on this issue.
2. Enhancing Market Reward for CSR: this means leveraging EU Policies in the fields of consumption, investment and public procurement in order to promote market reward for responsible business conduct.
3. Enhancing the Visibility of CSR and Disseminating Good Practices: this includes the creation of a European award, and the establishment of sector-based platforms for enterprises and stakeholders to make commitments and jointly monitor progress.
4. Improving and Tracking Levels of Trust in Business: the European Commission will launch a public debate on the role and potential of enterprises, and organise surveys on citizen trust in business.
5. Better Aligning European and International Approaches to CSR: the European Commission highlights the following …
- OECD Guidelines for Multinational Enterprises ;
- 10 Principles of the UN Global Compact ;
- UN Guiding Principles on Business and Human Rights ;
- ILO Tri-Partite Declaration of Principles on Multinational Enterprises and Social Policy ;
- ISO 26000 Guidance Standard on Social Responsibility.
6. Further Integrating CSR into Education, Training and Research: the European Commission will provide further support for education and training in the field of CSR, and explore opportunities for funding more research.
7. Improving Self- and Co-Regulation Processes: the European Commission proposes to develop a short protocol to guide the development of future self- and co-regulation initiatives.
8. Emphasising the Importance of National and Sub-National CSR Policies: the European Commission invites EU Member States to present or update their own plans for the promotion of CSR by mid 2012.
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European Commission COM(2011) 681 final – Brussels, 2011-10-25 (PDF File, 136 kb)
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Sustainable Fire Engineering – IABSE Lecture 1 December 2011
2011-11-14 …
On Thursday evening, 1st December 2011, at 19.00 hrs … in the Dublin Institute of Technology … I will present an IABSE-Ireland Sponsored Lecture on the subject: ‘Sustainable Fire Engineering IS THE FUTURE !’.
This Presentation has been in continuous development across a snaking international path … Dubayy (UAE) in 2008 … Lund (Sweden) and Bengaluru (India) in 2009 … Dilli (India), Zurich (Switzerland) and Dublin (Ireland) in 2010 … Paris (France), the IFE’s International Fire Conference in Cardiff (Wales) and the ASFP-Ireland Fire Seminar in 2011 … and on 1 December next, in Dublin, I will be introducing some tough new realities for fire engineering generally … not just in Ireland …
Colour photograph showing the impact of witnessing the 9-11 WTC Incident in New York. Sustainable Fire Engineering must be 'reliability-based' & 'person-centred'. But ... do building designers, including fire engineers, actually understand that the people who use their buildings are 'individuals' ... each having a different range of abilities ? Photograph by Marty Lederhandler/AP. Click to enlarge.
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IABSE Irish National Group Sponsored Lecture
Dublin Institute of Technology, Bolton Street – Michael O’Donnell Room (259)
Thursday, 1 December 2011 @ 19.00 hrs / 7.00 p.m.
CJ Walsh: Sustainable Fire Engineering IS THE FUTURE ! (Lecture Flyer, PDF File, 259 kb)
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The aim of Sustainable Fire Engineering is to realize a safe and sustainable built environment.
Responding ethically, in built and/or wrought form, to the still evolving concept of sustainable human and social development … a principal objective of Sustainable Fire Engineering is to design for maximum credible fire and user scenarios … in order to maintain a proper and satisfactory level of fire safety and protection over the full life cycle of, for example, a building … and for a Sustainable Building, that life cycle is 100 years minimum.
Sustainable Fire Engineering must, therefore, be ‘reliability-based’ & ‘person-centred’.
This presentation will examine the authentic language and meaning of sustainability … and will then track how this impacts on the professional practice of fire engineering. Special mention will be made of Fire-Induced Progressive Collapse.
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See you all there ! And I will be looking forward to a lot of challenging feedback on the night !!
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The Future of Disability Policy in Ireland – Recent SDI Submission
2011-11-06 …
Some time ago … Irish Minister of State at the Department of Health & Children, Ms. Kathleen Lynch T.D., released to the public a report on the future policy of disability in Ireland. The report was drawn up by an Expert Reference Group at the request of the Department. Submissions were sought from the public and interested groups on this document, entitled ‘Report of Disability Policy Review’.
The Report, and other ‘supporting’ information, can be downloaded from the Department’s WebSite at … http://www.dohc.ie/consultations/
Submissions had to be received by the Department, at the latest, on Friday 4 November 2011.
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As you read through the SDI Submission below, please also note well that on the 2 Web Pages of the Department’s Site …
- Background to Report of Disability Policy Review ; and
- Summary of Key Proposals from The Review of Disability Policy ;
… there is not one single mention of the word ‘rights’ !
In a post back on 17 February 2009 … concerning another disability matter, i.e. the complete lack of ‘accessible’ emergency services for people with a hearing impairment in our country, I wrote:
‘ Irish Politicians and Senior Civil Servants would all rather commit ritual suicide on Merrion Street (outside the Dáil and Government Buildings) than give people with disabilities their rights.’
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The following is the recent Submission made by Sustainable Design International … and submitted to the Department of Health & Children on 4 November 2011 …
Re: The Future of Disability Policy in Ireland – SDI Submission
Ms. Kathleen Lynch T.D., Minister of State, c/o Office for Disability & Mental Health, Department of Health & Children, Hawkins House, Dublin 2.
Dear Minister,
It is reassuring to see that the following two documents, available for download from the Department’s WebSite, contain extensive references to Human Rights and, particularly, the UN Convention on the Rights of Persons with Disabilities …
- Report of Disability Policy Review – Prepared by Ms. Fiona Keogh PhD, on behalf of the Expert Reference Group on Disability Policy (October 2011) ;
- Report on Public Consultation: Efficiency & Effectiveness of Disability Services in Ireland – Review of Disability Services under the Value for Money & Policy Review Initiative 2009-2011 (December 2010).
And yet … the following document, also available for download from the Department’s WebSite, does not make one single reference to Human Rights …
- Summary of Key Proposals from The Review of Disability Policy (October 2011).
It is a matter of deep concern how such a fundamental issue can suddenly, and with malign intent, be erased from view … and understanding !
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Whether or not Ireland has ratified the United Nations 2006 Convention on the Rights of Persons with Disabilities is no longer relevant.
The European Union (EU), having its own legal personality after the Lisbon Treaty, did ratify the UN Convention … back on 23 December 2010.
Therefore, Ireland is now bound by a Duty of Loyal Co-Operation, deriving from Article 4.3 of the Treaty on European Union (TEU).
This Duty embraces two sets of obligations: 1) All EU Member States shall take appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EU Treaties or resulting from action taken by the EU Institutions; and 2) All EU Member States shall facilitate the achievement of the European Union’s tasks, and shall abstain from any measure which could jeopardise the attainment of the Union’s objectives.
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In complete contrast to Ireland’s Current Disability Policy … Future Disability Policy must now be re-drafted, and implemented, in a manner where:
a) Explicit reference is made, throughout, to the United Nations Convention on the Rights of Persons with Disabilities … and to the fact that there is now a robust rights-based foundation to Ireland’s National Disability Policy ;
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b) There is a full, comprehensive and correct response to all of the contents of the United Nations Convention on the Rights of Persons with Disabilities.
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I would specifically draw your attention to Articles 31 & 33 of the United Nations Convention on the Rights of Persons with Disabilities … which together mandate that implementation is taken seriously … that it is competent and effective … and, most importantly, that independent monitoring and verification is a fundamental part of the whole policy development and implementation process.
In closing, may I add that the treatment of ‘Accessibility’ in all of the documents is careless, and disgracefully inadequate !!
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Sustainable Design International is a professional and multi-disciplinary design, engineering, research and consultancy practice – specializing in the theory and implementation of a Sustainable Human Environment (social - built - virtual - economic).
Our Organization possesses a unique level of expertise on all aspects of Human Environment Accessibility for People with Activity Limitations.
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Yours,
C. J. Walsh, Consultant Architect, Fire Engineer & Technical Controller.
Managing Director, Sustainable Design International Ltd. – Ireland & Italy. Sürdürülebilir Tasarım Tic.Ltd.Şti. – Turkey.
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‘Priory Hall’, Fire Engineering & Protecting Society’s Interests ??
2011-10-23: Further to my post, dated 18 October 2011 …
Has anybody’s interests been protected by what has happened at the ‘Priory Hall’ Apartment Development, in Donaghmede, Dublin 13 ? NO.
Now that the buildings there have been completed … will it be possible to effectively repair the most serious fire protection, sound transmission and energy conservation problems with the buildings ?? NO.
At the heart of these problems lie Fundamental Design and Construction Flaws … because, back in the 1990′s and early 2000′s, indigenous builders of simple two storey semi-detached houses suddenly became ‘developers’ of apartment complexes … and these were very different building animals altogether, requiring a degree of technical competence well beyond their reach. And, of course, during the actual construction process everything had to be finished ‘yesterday’, and as cheaply as possible (a policy of cheap product substitution was the un-stated national norm !). In fact, so many corners were cut on Irish Building Sites, at the time, that we should refer to almost the entire construction output from this era as: The Celtic Tiger Round Towers !
And guess who is going to carry out the Corrective/Repair/Refurbishment Works at ‘Priory Hall’ ? The very same Construction Organization which created the mess in the first place !! Can you believe it ??
Furthermore … once these Corrective/Repair/Refurbishment Works are eventually finished … the performance of the Fire Protection Measures in ‘Priory Hall’ will still be compromised, because you can only do so much, physically, when a building is completed. BUT … it would be possible to achieve a Proper Level of Fire Safety in ‘Priory Hall’ … by installing a Fire Suppression System (sprinklers or mist) throughout the development. That’s what it will take !!
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Tremendous fire damage was caused to the local environment in Buncefield ... but SOCIETY can no longer suffer this scale of damage ... and these Criminal Human Acts! Click to enlarge.
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WHO IS PROTECTING SOCIETY ?
So extensive is the damage caused by fire … throughout Europe … that not all of the Direct and Indirect Fire Losses have yet been identified.
Pause, to consider this definition …
Environmental Impact: Any effect caused by a given activity on the environment, including human health, safety and welfare, flora, fauna, soil, air, water, and especially representative samples of natural ecosystems, climate, landscape and historical monuments or other physical structures, or the interactions among these factors; it also includes effects on accessibility, cultural heritage or socio-economic conditions resulting from alterations to those factors.
And this means, of course, that our current Fire Loss Data and Statistics are unreliable.
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It is not well known, or widely publicised, that the Fire Safety Objectives of Building Regulations are limited to protecting building occupants. The Objectives are only concerned with protecting property, insofar as it is relevant to the protection of those building occupants.
Can you image the look of astonishment on the face of a Managing Director, after his/her factory has been entirely destroyed by a fire, when told by a fire consultant …
” We complied with Part B of the Building Regulations, and here is your Fire Safety Certificate to prove it” ??
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What should be happening instead ?
1. Fire Engineering Design & Practice cannot … and must not … be concerned merely with the ‘cost-effective’ compliance with minimal (which they most certainly are !) Fire Safety Objectives mandated by Building Legislation.
2. To properly protect the interests of Society and Clients/Client Organizations … Fire Engineering Design & Practice must also take into account: Safety at Work Legislation; Rights, Equality & Anti-Discrimination Legislation; Environmental Impact Legislation; Public Procurement Legislation; Product Liability Legislation; etc., etc.
3. There is an evolving realization in Ethical Fire Engineering Design & Practice, however, that there is still a significant gap to be bridged. There is no legislation (effective, or otherwise) yet in place, anywhere, which deals with such issues as …
- Resistance to Fire-Induced Progressive Collapse – as very strongly recommended in the 2005 & 2008 U.S. NIST Final Reports on the 9-11 World Trade Center Building 1, 2 & 7 Collapses ;
- Protection of Vulnerable Building Users in ‘Situations of Risk’ – as required, for example, by Article 11 of the UN Convention on the Rights of Persons with Disabilities (CRPD) ;
- Safety of Firefighters/Rescue Teams – as specified in Basic Requirement for Construction Works No.2, in Annex I of European Union Construction Product Regulation 305/2011 ;
- Adaptation to Climate Change and Severe Weather Events – the Developed World Economies appear to have no interest, whatsoever, in these issues ;
- Sustainable Human & Social Development !
4. We must clearly distinguish, therefore, between the Fire Safety Objectives of Building Regulations/Codes … and Project-Specific Fire Engineering Design Objectives. This difference must be fully understood by the Fire Engineer himself/herself … and then, in all circumstances, properly explained to the Client/Client Organization.
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In designing a Building for conditions of fire, and its aftermath … which may take place at any time during the Life Cycle of that Building … Project-Specific Fire Engineering Design Objectives should cover the following spectrum of concerns … in order to properly protect the interests of Society and our Clients/Client Organizations …
- Protection of the Health & Safety of All Building Users … including People with Activity Limitations (2001 WHO ICF), visitors to the building who may be unfamiliar with its layout, and contractors or product/service suppliers temporarily engaged in work or business transactions on the premises ;
- Protection of Property … including the building, its contents, and adjoining or adjacent properties … from loss or damage ;
- Protection of the Health & Safety of Firefighters, Rescue Teams & Other Emergency First Response Personnel ;
- Facility, Ease & Efficient Cost of Carrying Out Effective Reconstruction, Refurbishment or Repair Works after a Fire ;
- Sustainability of the Human Environment (social, built, virtual, economic, …) – including Fitness for Intended Use and Life Cycle Costing of fire engineering related products, components, systems, etc., fixed, installed or incorporated in the building ;
- Protection of the Natural Environment from Harm, i.e. Adverse Impacts.
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CRIMINAL RESPONSE TO 1981 DUBLIN STARDUST TRAGEDY !
As I write … a stampede has just commenced by the various Construction-Related Professional Institutes and Organizations … to demand closer independent monitoring of what is happening on Irish Building Sites. Far too little … and definitely, far too late ! Back in the early 1990′s, everybody stood by … and co-operated with the installation of an entirely ineffective and dysfunctional system of National Building Control in Ireland … which, let us not forget, survives intact to this day … while, at the same time, the strong long-established and well-resourced Building Control Sections in Dublin and Cork were being quietly dismantled.
The Minister for the Environment, Community & Local Government, Mr. Phil Hogan T.D. … is also chirping in from his ivory tower !
Crocodile Tears !!
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Take a Fire Safety Certificate for a Building, for example …
With or Without Conditions … this document confirms that the Local Building Control/Fire Authority is satisfied that the Design Documentation for that building shows proper compliance with the Legal Requirements of Part B of the Irish Building Regulations.
Focus in on the relevant wording of a Fire Safety Certificate, which is as follows …
‘ … hereby certify that the works or building to which the application relates, will, if constructed in accordance with the plans, calculations, specifications and particulars submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations 1997 to 2008.’
Fire Safety Related Inspections of Construction Projects are not carried out by Competent Local Authority Personnel, or by Competent Independent Technical Controllers. Therefore … a Fire Safety Certificate cannot give, and is not intended to give, any indication with regard to Fire Safety in the Completed Building. The ‘Fire’ Establishment in Ireland knows full well that this is the situation !
Is this any sort of a reasonable, caring or competent response to the 1981 Stardust Discotheque Fire Tragedy in Dublin ??
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END
Public Procurement & ‘Design for All’ – It’s Crunch Time, Folks !
2011-10-12 & 2011-10-17: Close your eyes … and imagine, for a split second, the value and material extent of all the Public Procurement Contracts being tendered for and awarded each week, throughout Europe. ‘Enormous’ is the only appropriate word which must spring to your mind ! If you don’t believe me, check out the statistics for yourself !! And that value is going to keep increasing !!!
The European Commission has recently proposed that suitable instruments be developed which will permit the operation of the Accessibility / Design for All Requirements in EU Public Procurement Directives to commence, with full effect. This process is proving to be problematic … and it is certainly not as open and transparent as it should be.
Leaving aside the utilities sectors (water, energy, transport and postal services) … recall that EU Directive 2004/18/EC of the European Parliament and of the Council, of 31 March 2004, on the Co-Ordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts had to be implemented, at national level in all of the EU Member States, no later than 31 January 2006. This Directive was amended, in a minor way, by Directives 2005/51/EC and 2005/75/EC. In spite of these amendments, 31 January 2006 remained the target date for national implementation.
[ Ireland's national implementing legislation ... European Communities (Award of Public Authorities' Contracts) Regulations 2006 ... came into operation on 22 June 2006.]
In addition, each Member State had to ensure that Directive 2004/18/EC was properly implemented by using effective, available and transparent Monitoring Mechanisms.
With regard to specific rules governing specifications and contract documents … Article 23.1 of Directive 2004/18/EC stated, and still does state …
‘ The technical specifications as defined in point 1 of Annex VI shall be set out in the contract documentation, such as contract notices, contract documents or additional documents. Whenever possible these technical specifications should be defined so as to take into account accessibility criteria for people with disabilities or design for all users.’
Not the strongest possible language to encourage ‘accessibility’ … there’s nothing quite like a shall to concentrate minds !
[ However, in Ireland ... with regard to the same specific rules governing specifications and contract documents ... Section 23 (2) of the European Communities (Award of Public Authorities' Contracts) Regulations 2006 states ...
' In awarding a public contract, a contracting authority shall, as far as practicable, ensure that the technical specifications for the contract take account of the need to prescribe accessibility criteria for all persons who are likely to use the relevant works, products or service, particularly those who have disabilities.' ]
As already discussed in my post, dated 2 November 2010 … many people in the European Union Institutions would prefer to steer completely away from the Social Aspects of Sustainable Human and Social Development … fuzzy areas, not capable of easy quantification … leaving small, peripheral groups in the Institutions (neither well connected to the mainstream, nor fully aware of the ‘ins’ and ‘outs’ of that mainstream) to look after the Social Aspects.
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Public Procurement in the European Union (EU)
The Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts concluded in the EU Member States on behalf of State, Regional or Local Authorities and other bodies governed by public law entities, is subject to the respect of Principles enshrined in the EU Treaties and, in particular, to …
- the principle of freedom of movement of goods ;
- the principle of freedom of establishment ;
- the principle of freedom to provide services ; and
- the principles deriving therefrom, such as the principle of equal treatment, the principle of non-discrimination, the principle of mutual recognition, the principle of proportionality and the principle of transparency.
For Public Contracts Above A Certain Value … it has been deemed necessary to draw up provisions of Community Co-Ordination of National Procedures for the award of such contracts, which are based on these principles so as to ensure the effects of them and to guarantee the opening-up of public procurement to competition.
- Adapted from Preamble Paragraph #2, EU Directive 2004/18/EC
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Is Europe Serious about Implementing the Public Procurement Accessibility / Design for All Requirements ?
Before looking at how Accessibility / Design for All is being handled within the fast evolving European Public Procurement Framework … it is sobering to compare and contrast how DG Environment (ENV), in the European Commission, is promoting and actively supporting Green Public Procurement, i.e. Public Procurement which is environment-friendly … http://ec.europa.eu/environment/gpp/index_en.htm … no messing about there !
If we (speaking as a European) are serious, therefore, about the ‘real’ implementation of Accessibility for All / Design for All / Inclusive Design / Universal Design / Barrier-Free Design in the Built Environment … it is of fundamental importance that an easily assimilated Standard (as defined in Paragraph #2, ANNEX VI of Directive 2004/18/EC) be produced ‘on the table’ for reference by Public Contracting Authorities … NOW !!!
Built Environment: Anywhere there is, or has been, a man-made or wrought (worked) intervention in the natural environment, e.g. cities, towns, villages, rural settlements, service utilities, transport systems, roads, bridges, tunnels, and cultivated lands, lakes, rivers, coasts, and seas, etc … including the Virtual Environment.
Virtual Environment: A designed environment, electronically generated from within the built environment, which may have the appearance, form, functionality and impact – to the person perceiving and actually experiencing it – of a real, imagined and/or utopian world.
The Built and Virtual Environments continue to merge into a new Augmented Reality.
A comprehensive document capable of answering a major portion of Europe’s current needs in this area is on the verge of being published as a full International Standard … ISO 21542: ‘Building Construction – Accessibility & Usability of the Built Environment’. And … as is the case with hundreds of ISO Standards in other sectors, this standard could easily be approved by CEN, one of Europe’s Standards Organisations, as an EN (European Standard) … under the Vienna Agreement on Technical Co-Operation between ISO and CEN, which was confirmed by both organizations in 2001 … and the period to practical application of ISO 21542 on the ground would be relatively swift.
Every delay represents not only a precious opportunity missed to improve the Accessibility of the Built Environment … but another blatant Denial of Human and Social Rights to vulnerable groups of people in all our communities !
Yes, this document was badly managed at the beginning of its very long gestation period, and its contents were a bit of a mess for the first few years … AND European countries were indignant, then, at the prospect of it becoming a European Standard. However, walking around any major city in any country in Europe today, and witnessing the universally appalling and miserable efforts at Accessibility Implementation … you would have to be outraged at the level of hypocrisy and blatant self-delusion practiced by Europeans !
BUT NOW … ISO FDIS 21542 … the Final Draft of the International Standard which was issued for voting, beginning on 22 September 2011 … is a very respectable looking document altogether. It makes important statements about ‘creating a sustainable built environment which is accessible’. Its purpose is ‘to define how the built environment should be designed, constructed and managed to enable people to approach, enter, use, egress from and evacuate a building independently, in an equitable and dignified manner and to the greatest extent possible’ … ‘principles which are supported by Preamble (g) and Articles 9, 10 and 11 of the United Nations Convention on the Rights of Persons with Disabilities’. I could go on, and on … but I will resist the temptation, since I was heavily involved in the development of this ISO Standard !
The point is … there is no longer any reason for European countries to complain about the inadequacy of this International Standard … and it should be the preferred instrument of choice to facilitate the immediate operation of the Accessibility / Design for All Requirements in EU Public Procurement Directive 2004/18/EC.
Unfortunately, this may not happen !
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Years too late, near the end of 2007 … DG Employment, Social Affairs & Inclusion (EMPL), in the European Commission, issued the following Mandate …
M/420 EN – Brussels, 21 December 2007
Click the Link Above to read and/or download PDF File (67.4 kb)
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This Mandate covers 2 Phases of Work. Phase I deals with compiling an inventory of existing accessibility-related standards and an analysis of any gaps … as well as with issues of accessibility implementation monitoring and conformity assessment. Phase II is the actual accessibility standard(s) development phase.
However … Mandate M/420 EN is a flawed document, and it should have received much closer scrutiny from the European Standards Organizations named in the document title … before any work in Phase I commenced. Failing that … the first work item on the Phase I Agenda should certainly have been a critical examination of the mandate.
In a post, dated 15 January 2011 … I wrote …
” The European Union’s Accessibility Strategy, related Policies and Programmes … and the monitoring, targeting and independent verification of Accessibility Implementation … all require a radical overhaul !
All those Officials in the European Commission who are involved, in any way, shape or form, with Accessibility of the ‘Human Environment’ would do well to RE-READ AND MEDITATE DEEPLY on the contents of the 2003 Final Report from the Group of Accessibility Experts, which was established by the European Commission itself … “
The Final Report from the 2003 EU Group of Accessibility Experts, of which I was a Member, can be downloaded towards the end of that post.
The Officials who drafted Commission Mandate M/420 EN paid little, if any, attention to that 2003 Expert Group Report.
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At the end of Phase I … in response to the European Commission’s Mandate M/420 EN … a long, rambling CEN Joint Report (document ref. CEN/BT/WG 207 N 29) of 425 Pages was issued, dated 8 August 2011, for general discussion and comment.
Some Comments on the CEN Joint Report …
1. Terminology
CEN Joint Report – CEN/BT/WG 207 N 29
3.4 Conclusions View, Findings and Recommendations
3.4.1 Overview
Terms such as ‘procurement’, ‘inclusion’, ‘accessibility’ and ‘compliance’ are difficult to define precisely, and they are often not fully understood by those responsible for managing or providing the products or environments people use. They are also not readily understood by those administrating and triggering the procurement process.
It is strange, therefore … and unacceptable … that this Report does not attempt to reduce and/or remove the ambiguity surrounding these terms … by providing a clear definition, with a supporting explanatory text, for each of the terms listed above.
I’m not even sure that the large numbers of people who helped to draft the CEN Joint Report fully understand those terms !
Most importantly, the Report is not at all precise about … and in fact appears to be completely confused by … the clear distinction which must be made between ‘accessibility’ and ‘access’.
2. ‘Accessibility’ & UN CRPD
Accessibility does not begin and end with Article 9 of the United Nations 2006 Convention on the Rights of Persons with Disabilities (CRPD) !!! See my post, dated 15 January 2011 … and #6 below.
3. EU Ratification of UN CRPD
The full implications arising from European Union (EU) Ratification, on 23 December 2010, of the United Nations 2006 Convention on the Rights of Persons with Disabilities (CRPD) … for both EU Institutions, and the EU Member States (whether or not they have individually ratified the UN Convention) … have not been properly examined in the CEN Joint Report.
See my post, dated 5 February 2011 .
4. Mainstreaming ‘Accessibility’
For the majority of people involved in the spatial planning, design and development of the European Built Environment, Accessibility is all about transport issues … for example, how far a proposed new building is from a transportation node.
We are communicating such a confused message (is it Accessibility for All, Design for All, Inclusive Design, Universal Design, or Barrier-Free Design ?) … that many policy and decision makers just could not be bothered. And who, in Europe, is really concerned with the quality of Accessibility Implementation ???
In addition … the CEN Joint Report neglected to deal adequately … or at all … with a major body of EU Legislation which has been implemented at national level, in the Member States, many years ago … Safety at Work Legislation ! All of the EU Directives require that workplaces be accessible. Yet, I know for a fact that, in Ireland, the Health & Safety Authority (HSA) is doing absolutely nothing to check whether this requirement is being complied with or not.
A Sustainable Built Environment is Accessible for All ! So many different types of International/European/National Legislation mandate that the Built Environment shall be Accessible for All !! Good Design demands that the Built Environment is Accessible for All !!!
So why is Accessibility not being properly integrated into the operation of Environmental Impact Assessment (EIA) Legislation ?
Environmental Impact: Any effect caused by a given activity on the environment, including human health, safety and welfare, flora, fauna, soil, air, water, and especially representative samples of natural ecosystems, climate, landscape and historical monuments or other physical structures, or the interactions among these factors; it also includes effects on accessibility, cultural heritage or socio-economic conditions resulting from alterations to those factors.
No case need be made for the integration of Accessibility into Sustainability Impact Assessment (SIA) … it self-evidently must be !
Sustainability Impact Assessment: A continual evaluation and optimization process – informing initial decision-making, or design, and shaping activity/product/service realization, useful life and termination, or final disposal – of the interrelated positive and negative social, environmental, economic, institutional, political and legal impacts on balanced and equitable implementation of Sustainable Human and Social Development.
5. What Is The Overriding European Social Priority ?
The overriding European Social Priority is to commence operation, with full effect, of the Accessibility / Design for All Requirements within the fast evolving European Public Procurement Framework … as quickly as possible.
Do we have to wait another 2 or 3 years, at least, for the production of an ‘acceptable’ European Accessibility Standard ?? Instead, why not approve ISO 21542 as the European Standard when it is published as a full standard … which will be very soon ? ISO 21542 is already being used as the benchmark in the CEN Joint Report !
AND … do we have to wait, for who knows how long … before Effective Monitoring Procedures … and Independent Verification Procedures … are put in place at European and National/Regional/Local Levels ???
Quality of European Accessibility Implementation … is critical !
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2011-10-17 …
6. Post UN CRPD – A More Demanding Scope & Quality of Implementation
Not unexpected … but it has still been a most enlightening experience to read the recent UN CRPD Committee Report on Spain … selected extracts from which are reproduced below. The language used by the Committee is strong and direct … finally !
This is not a good report and, in places, it makes for unpleasant reading … a concrete example of the ‘hypocrisy and blatant self-delusion practiced by Europeans’, which I talked about earlier.
In accordance with Article 36.3 of the UN Convention on the Rights of Persons with Disabilities (CRPD) … the UN Secretary-General will be making this Report available to all States Parties.
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United Nations Committee on the Rights of Persons with Disabilities
Sixth Session – 19 to 23 September 2011
Concluding Observations on Initial Report of Spain
(Article 35 of UN CRPD)
The Committee considered the initial report of Spain (CRPD/C/ESP/1) at its 56th and 57th meetings, held on 20 September 2011, and adopted the following concluding observations at its 62nd meeting, held on 23 September 2011.
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III. Principal Areas of Concern & Recommendations
A. General Principles & Obligations (Articles 1 & 4)
11. The Committee takes note of the adoption of Act 26/2011 which introduces the concept of ‘person with disabilities’ as defined in the Convention and expands the protection of persons with disabilities. However, it is concerned that not all persons with disabilities are covered by the law.
12. The Committee urges the State Party to ensure that all persons with disabilities enjoy protection against discrimination and have access to equal opportunities irrespective of their level of disability.
13. The Committee welcomes Act 49/2007, dated 26 December 2007, establishing the Permanent Specialized Office to deal with offences and sanctions in equal opportunities, non-discrimination and universal accessibility by persons with disabilities. However, it is concerned by the slow development and lack of promotion of this arbitration system at the regional government level; by the lack of information on the number of sanctions submitted and resolved; and by the failure of the State Party to report on actions undertaken to implement this law. The Committee is concerned about the overall effectiveness of the system.
14. The Committee recommends that the State Party raise awareness among persons with disabilities about the system of arbitration; increase the level of free legal aid; and ensure the regulation of offences and sanctions at the regional government level.
15. The Committee regrets the lack of information on the meaningful participation of persons with disabilities and their representative organisations at the regional level in designing, and evaluating the implementation of legislation, policy and decision-making processes; and the participation of children with disabilities at all levels.
16. The Committee recommends that the State Party take specific measures to: ensure the active participation of persons with disabilities in public decision-making processes at the regional level; and to include children with disabilities at all levels.
17. The Committee takes note of Act 2/2010 of 3 March 2010 on sexual and reproductive health decriminalizing voluntary termination of pregnancy, allowing pregnancy to be terminated up to 14 weeks and including two specific cases in which abortion is allowed for longer time limits due to the fact that the foetus has a disability: until 22 weeks of gestation, provided there is ‘a risk of serious anomalies in the foetus’, and beyond week 22 when, inter alia, ‘an extremely serious and incurable illness is detected in the foetus’. It also notes the explanations provided by the State Party for maintaining this distinction.
18. The Committee recommends that the State Party abolish the distinction made in Act 2/2010 in the period allowed under law within which a pregnancy can be terminated, based solely on disability.
B. Specific Rights (Articles 5-30)
Equality and non-discrimination (Article 5)
19. The Committee welcomes the adoption of Act 26/2011 amending regulations which will abolish the need to have a disability certificate to bring a discrimination claim before a judicial body. However, it regrets the lack of information on cases of discrimination, and it is concerned that persons with disabilities will still be marginalized. The Committee is further concerned by the lack of information on reasonable accommodation. It is also concerned that in practice disability affects parents’ guardianship or custody of their children and that legal protection against discrimination on the grounds of disability is not enforceable in cases of discrimination due to perceived disability or association with a person with a disability.
20. The Committee urges the State Party to expand the protection of discrimination on the grounds of disability to explicitly cover multiple disability, perceived disability and association with a person with a disability, and to ensure the protection from denial of reasonable accommodation, as a form of discrimination, regardless of the level of disability. Moreover guidance, awareness raising and training should be given to ensure a better comprehension by all stakeholders, including persons with disabilities, of the concept of reasonable accommodation and prevention of discrimination.
Article 8 – Awareness-Raising
25. The Committee commends the many initiatives taken by the State Party to implement the Convention. However, it notes that more needs to be done to increase awareness in society, in the media and amongst persons with disabilities themselves of the right of persons with disabilities.
26. The Committee calls upon the State Party to take proactive measures to enhance awareness of the Convention and its Optional Protocol at all levels, in particular among the judiciary and the legal profession, political parties, Parliament and Government officials, civil society, media, persons with disabilities, as well as the general public.
Article 9 – Accessibility
27. The Committee takes note that Act 26/2011 amends regulations which will shorten the timelines for meeting accessibility requirements in public facilities; and goods and services available to the public. However, it remains concerned at the low level of compliance with these requirements, in particular, at regional and local levels, in the private sector, and in relation to existing facilities. The Committee is aware of situations of discrimination faced by air passengers with disabilities, including situations of denial of boarding. The Committee reminds the State Party that Article 9 of the Convention also demands access to information and communication.
28. The Committee recommends that sufficient financial and human resources be allocated as soon as possible to implement, promote and monitor compliance with accessibility legislation through national measures as well as through international cooperation.
Article 11 – Situations of Risk & Humanitarian Emergencies
31. The Committee is concerned at the insufficiency of specific protocols for persons with disabilities in emergency situations.
32. The Committee calls upon the State Party to review its laws and policies related to emergency situations with a view to including provisions guaranteeing the security and protection of persons with disabilities.
[ My Comment: This is a gross understatement of a serious problem which continues to fester not only in Spain but, more generally, in Europe ! ]
Article 19 – Living Independently & Being Included in the Community
39. The Committee is concerned at the lack of resources and services to guarantee the right to live independently and to be included in the community, in particular in rural areas. It is further concerned that the choice of residence of persons with disabilities is limited by the availability of the necessary services, and that those living in residential institutions are reported to have no alternative to institutionalization. Finally, the Committee is concerned about linking eligibility of social services to a specific grade of disability.
40. The Committee encourages the State Party to ensure that an adequate level of funding is made available to effectively enable persons with disabilities to: enjoy the freedom to choose their residence on an equal basis with others; access a full range of in-home, residential and other community services for daily life, including personal assistance; and to enjoy reasonable accommodation so as to better integrate into their communities.
41. The Committee is concerned that the law for the promotion of autonomy limits the resources to hire personal assistants only to those persons who have level 3 disabilities and only for education and work.
42. The Committee encourages the State Party to expand resources for personal assistants for all persons with disabilities in accordance with their requirements.
Article 24 – Education
43. The Committee welcomes the fact that the principle of inclusion governs the schooling of pupils with special educational needs; that discrimination in education is prohibited; and that most children with disabilities are included in the regular education system. It commends the enactment of Organic Act 2/2006 on Education, which obliges the education authorities to provide specialist teachers, qualified professionals and the necessary materials and resources, as well as the laws that oblige schools to make necessary curricular adjustments and diversifications for pupils with disabilities. However, the Committee is concerned by the implementation of these laws in practice, in view of reported cases of failure to provide reasonable accommodation, of continued segregation and exclusion, of financial arguments used as justification for discrimination, and of the cases of children enrolled in special education against their parents’ will. The Committee notes with concern that parents challenging the placement of their children with disabilities in special education have no possibility of appeal and that their only alternative is to educate them at their own expense or pay for the reasonable accommodation of their child in the regular education system.
44. The Committee reiterates that denial of reasonable accommodation constitutes discrimination and the duty to provide reasonable accommodation is immediately applicable and not subject to progressive realisation. It recommends the State Party to:
(a) Increase its efforts to provide reasonable accommodation in education, allocating sufficient financial and human resources to implement the right to inclusive education; paying particular attention to assessing the availability of teachers with specialist qualifications; and ensuring that educational departments of local governments understand their obligations under the Convention and act in conformity with its provisions ;
(b) Ensure that the decisions to place children with a disability in a special school or in special classes, or to offer them solely a reduced standard curriculum, are taken in consultation with the parents ;
(c) Ensure that the parents of children with disabilities are not obliged to pay for the education or for the measures of reasonable accommodation in mainstream schools ;
(d) Ensure that decisions on placing children in segregated settings can be appealed swiftly and effectively.
C. Specific Obligations (Articles 31-33)
Statistics and data collection (Article 31)
49. The Committee regrets the low level of disaggregated data on persons with disabilities. The Committee recalls that such information is indispensable to: understanding the situations of specific groups of persons with disabilities in the State Party who may be subject to varying degrees of vulnerability; developing laws, policies and programmes adapted to their situations; and assessing the implementation of the Convention.
50. The Committee recommends that the State party systematize the collection, analysis and dissemination of data, disaggregated by sex, age and disability; enhance capacity building in this regard; and develop gender-sensitive indicators to support legislative developments, policymaking and institutional strengthening for monitoring and reporting on progress made with regard to the implementation of the various provisions of the Convention.
51. The Committee regrets that the situation of children with disabilities is not reflected in the data on the protection of children.
52. The Committee recommends that the State Party systematically collect, analyse and disseminate data, disaggregated by sex, age and disability, on abuse and violence against children.
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END
Check Now for Child Safe Window Blinds & Other Coverings !
2011-09-27: A recent child fatality in Ireland has alerted our population to the common danger of Window Blinds, Shades and Other Window Coverings which are not Child Safe.
Colour photograph showing a small child reaching for the control wand of a Vertical Window Blind in familiar surroundings, for example, at home. This is just one of a range of Child Safe Window Covering Solutions.
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In Ireland … our Consumer Protection Laws are weak … our National Consumer Protection Organizations are even weaker … and the National Standards Authority of Ireland (NSAI) is under-resourced, and not fit for purpose.
In the European Union (EU) … a work programme, having the aim of eliminating the risk of strangulation and internal asphyxiation due to child accessible window covering cords and small parts, only commenced in the early part of 2011. Refer to this Page on the WebSite of the European Commission’s Directorate General for Health & Consumers (DG SANCO) … http://ec.europa.eu/dgs/health_consumer/dyna/enews/enews.cfm?al_id=1109
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HOWEVER, back on 15 December 2009 … the United States Consumer Product Safety Commission (CPSC) issued the following Press Release …
CPSC Announces Voluntary Recalls to Repair Millions of Roman Shades and Roll-Up Blinds by Multiple Firms
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is announcing that multiple firms are recalling millions of units of Window coverings, including Roman shades and roll-up blinds. These window coverings present a serious risk of strangulation to young children.
Colour photograph showing a common type of Window Blind, in Europe, which has caused Child Fatalities.
CPSC has received reports of five deaths and 16 near-strangulations in Roman shades since 2006, and three deaths in roll-up blinds since 2001. Strangulations in Roman shades occur when a child places his/her neck between the exposed inner cord and the fabric on the back side of the blind or when a child pulls the cord out and wraps it around his/her neck. Strangulations in roll-up blinds occur when the lifting loop slides off the side of the blind and a child’s neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material.
The recalled Roman shades and roll-up blinds were sold by a variety of manufacturers and retailers, including major discount department stores, home improvement stores and window covering manufacturers and retailers. Remedies vary among firms from repair kits to refunds.
“Parents need to make sure there are no accessible cords on the front, side, or back of their window coverings”, said CPSC Chairperson Inez Tenenbaum. ”Avoid these deadly dangers by getting the repair kit or installing cordless window coverings in all homes where small children live or visit.”
To help prevent child strangulation in window coverings, CPSC and the Window Covering Safety Council urge parents and caregivers to follow these guidelines:
- Examine all shades and blinds in the home. Make sure there are no accessible cords on the front, side or back of the product. CPSC recommends the use of cordless window coverings in all homes where children live or visit.
- Do not place cribs, beds and furniture close to windows with corded window coverings because children can climb on them and gain access to the cords.
- Make loose cords inaccessible.
- If the window shade has looped bead chains or nylon cords, install tension devices to keep the cord taut.
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A Table at the end of the CPSC Press Release (15 December 2009) indicated that IKEA was ‘voluntarily’ recalling 3,360,000 Roman Shades, Roller Blinds and Roll-Up Blinds from its stores, nationwide in the USA. Don’t worry … I blinked, and then re-checked that number !
What has IKEA done in its stores, continent wide in Europe ??
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END
Buildings & Firefighters Not Yet Safer ! – 10 Years After 9-11 (II)
2011-09-20: Continuing on from where I left off on 11 September 2011 …
Applying the Recommendations contained in the 2005 & 2008 National Institute of Standards & Technology (NIST – USA) Reports on the 9-11 WTC Buildings 1, 2 & 7 Collapses to the everyday practice of Architecture and Fire Engineering has been a central part of our work for many years. Long discussions on this subject have taken place within CIB (International Council for Building Research) Working Commission 14: ‘Fire Safety’ … and I also chair Commission 14′s Research Working Group IV on ‘Fire-Induced Progressive Collapse’.
My particular interest in Disproportionate Damage and Progressive Collapse reaches back as far as the late 1980′s !
So I was intrigued, amused … and at the same time, highly concerned … to read the following Letter to the Editor of the Irish Times Newspaper, on Saturday 10 September 2011 …
Recalling 9/11
Sir, – One of the most important factors in the tragedy of 9/11, and one that has received scant attention, was the mode of failure of the towers.
They were struck high up on their structures and failed via progressive collapse. Had they been designed this side of the Atlantic, they would not have collapsed. These were flimsy structures. -
Yours, etc,
Jim Ryan, Chartered Structural Engineer,
Waterfall, Cork.
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JIM … If the WTC Towers (which were not flimsy structures !) had been designed on this side of the Atlantic … they would have collapsed.
Furthermore … If the Towers had only been completed last week in the USA, Ireland, England & Wales, India or China … they would still collapse, if a similar event were to occur next year.
To be crystal clear … What we witnessed, on Tuesday 11 September 2001, was a Collapse Level Event (CLE) which exposed, very harshly and cruelly, a catastrophic failure in all of our common Design and Construction Practices and Procedures used in/by/as …
- Architectural Design | (Ambient) Structural Engineering | Fire Engineering ;
- Building Management Systems ;
- Emergency Responders | Firefighters | Rescue Teams ;
- Technical Control Organizations Having Authority (AHJ’s) or Jurisdiction ;
- Fire Safety Objectives in Building Legislation, Codes and Standards.
To the average ‘person in the street’ … Whether he/she lives in Manhattan or Chicago in the USA, Dublin or Cork in Ireland, Cardiff or London in Britain, Dilli or Mumbai in India, Beijing or Shanghai or Hong Kong in China … it is unacceptable that buildings collapse … entirely unacceptable !!
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COLLAPSE OF WTC BUILDINGS 1, 2 & 7
JIM … Unless you believe in conspiracy theories, please study the 2005 & 2008 NIST(USA) Reports on the 9-11 WTC Buildings 1, 2 & 7 Collapses. The 2 Final Reports can be downloaded from this Page on Sustainable Design International’s Corporate WebSite … http://www.sustainable-design.ie/fire/structdesfire.htm … along with other key documents and links.
Some indication of the enormous quantity of 9-11 WTC Incident Documentation issued by NIST(USA) can be seen below …
Colour photograph showing the enormous quantity of 9-11 WTC Incident Documentation, issued by the U.S. National Institute of Standards & Technology, which is still readily available for the public to access and download.
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PUBLIC SAFETY 10 YEARS AFTER 9-11 ?
If it is entirely unacceptable to the Public that buildings collapse … in how many National Building Codes does the following Critical Public Safety Equation appear today ? The answer is NONE !
Colour image showing Page 21 from my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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Is there some fundamental reason why Levels of Safety for the Public should vary so much from one country to another ? NO, there is not !
Within Europe, and in relation to the New EU Construction Product Regulation 305/2011, which I discussed here a few days ago … the European Commission, in a discussion document dating back to the mid-1980′s, suggested that the only way to effectively realize a Single Market for Construction Products would be to introduce Harmonized EU Building Regulations in all of the EU Member States. Of course the Member States, at the time, went ballistic at the very mention of this idea … and it was quickly withdrawn. I take great pleasure in repeating that important idea today.
Jim … The Critical Public Safety Statement above is fully consistent with … and meets … the ‘Basic Requirements for Construction Works’ in Annex I of EU Regulation 305/2011.
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However, in relation to any one EU Member State … let’s take Ireland as an example … compare a situation where, in a remote rural location, it might take almost an hour for a sufficient fire service presence to arrive at the scene of a building fire emergency … with a similar situation in the middle of a city, or large town, where the time required will not be greater than 15 minutes … then, although the Level of Safety for the Public can be / should be / must be the same in both situations … I would expect, in the remote rural location having a poor fire service support infrastructure, that the range of Fire Protection Measures to be employed in a typical building would be more extensive, and the performance expected of those Measures would be higher … in order to achieve an Equivalent Level of Safety in both rural and urban locations. Is that not a rational idea ??
Unfortunately, that’s not how the present systems work … National or European ! Levels of Public Safety differ from one country to the next … and from one region, within any one country, to the next … without any good reason … and without meaningful consultation and the full understanding of the Public.
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BUILDINGS & FIREFIGHTERS ARE NOT YET SAFER
JIM … In spite of all of the spin coming from the other side of the Atlantic … and discounting criminality and fraud in construction practices … Buildings and Firefighters are not yet safer … because the large, difficult, complex flaws and failures in Conventional Fire Engineering have not yet been aggressively confronted … and properly solved.
In a post last year, on 18 October 2010 … I referred to the Cul-de-Sac of Current Fire Engineering … and illustrated a typical architectural detail in a Dublin Building – a common detail also to be found in India, China, USA, England & Wales, etc., etc – which demonstrates a Fundamental Flaw at the very core of conventional thinking and practice.
On Thursday next … 22 September 2011 … at the ASFP Ireland Fire Seminar and Workshop in the RDS, Dublin … I will present this flawed detail … and a solution which is fully compatible with … and answers … the NIST Recommendations !
BUT … would anybody like to show me where any National Building Codes have been revised and updated to solve this Fundamental Flaw ?
Colour image showing Page 33 from my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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Colour image showing Page 35 from my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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Colour image showing Page 36 from my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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Colour image showing Page 37 from my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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Colour image showing Page 38 from my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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A CASE STUDY OF ENGLAND & WALES
10 years after 9-11 … there are two reasons for taking a closer look at England & Wales (Britain) …
- The Building Regulations for England & Wales were used as the model for the Irish Building Regulations, which were first introduced here in the early 1990′s. And, in the absence of Harmonized European Standards … British National Standards tend, with only a few exceptions, to become the default Irish National Standard ;
- British National Standards are being applied in many different parts of the world outside England & Wales … in most cases, without any proper consideration of content … or adaptation to local conditions.
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Colour image showing the Cover Page of Approved Document B: 'Fire Safety' ... Volume 2 - Buildings Other Than Dwellinghouses ... from the Building Regulations for England & Wales. Click to enlarge.
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The Institution of Fire Engineers (Ireland) Annual Fire Conference, which was held last year, on Wednesday 20th October 2010 … in the Dublin Fire Brigade Training Centre, Marino, Dublin … threw up some interesting ‘notions’ for consideration by a diverse range of participants.
One curious proposition … repeated quite often during the day … was that Approved Document B, in the British System of Building Regulations, was basically still a sound document … and that it should pass an upcoming major review with little difficulty.
I don’t agree … Approved Document B is inadequate and dysfunctional !
With regard to Structural Performance in Fire … instead of referring to Approved Document A – Structure … the reader is referred to Appendices at the back of Approved Document B, which only reinforce the erroneous concept of Single Structural Element Fire Protection …
And along with its many other major problems … see my post, dated 2009-06-14 … British Standard BS 9999 takes no account of any of the 2005 & 2008 NIST Recommendations, Fire-Induced Progressive Collapse or Disproportionate Damage … and, in fact, directly conflicts with aspects of the Building Regulations for England & Wales …
Colour image showing Page 51 in the Appendix of my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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In order to take a close look at Approved Document B … I used the vehicle of a Notional Hotel Project in Cardiff, Wales … similar to the Early 1990′s Dublin Hotel Project shown above …
Colour image showing Page 52 in the Appendix of my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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With regard to properly showing Fitness for Intended Use of Fire Protection related Products and Building Systems … instead of referring to Regulation 7 … the reader is again referred to Appendices at the back of Approved Document B … which explains why we have such serious problems, i.e. lack of Durability and very low Resistance to Mechanical Damage, with the Thermal Insulation Products used for the Fire Protection of Structural Steelwork …
I also had to quote from Part D of the Irish Building Regulations to fill a gap in the British Regulation 7 …
Colour image showing Page 53 in the Appendix of my Overhead Presentation on 'Sustainable Fire Engineering' ... scheduled for this Thursday, 22 September 2011, at the ASFP Ireland Fire Seminar & Workshop ... to be held at the RDS, in Ballsbridge, Dublin. Click to enlarge.
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END
New EU Construction Product Regulation 305/2011 – Halleluiah !
2011-09-13: Closely related to our current discussions about the 10th Anniversary of the 9-11 WTC Incident in New York …
For more years than I care to remember … I have been involved, directly and/or indirectly, with piecing together the edifice that is European Union (EU) Council Directive 89/106/EEC Interpretation … a lumbering giant which has failed, miserably, to bring about the necessary conditions for the efficient operation of an effective European Economic Area (EEA) Single Market for Construction Products.
Proper Implementation has always been the fatal weakness of this ‘system’ … because on the ground, in Europe, no such Single Market exists in reality. Politicians, at both European and national levels and typically lacking a competence on technical issues, believe otherwise. Bureaucrats, at both European and national levels and always lacking a working familiarity with the full scope of EU Treaties, do not want to recognise this fundamental truth.
To refresh your memories … the full title of the now Repealed EU Directive 89/106/EEC was …
Council Directive, of 21 December 1988, on the Approximation of Laws, Regulations and Administrative Provisions of the Member States relating to Construction Products
ANNEX I of that Directive described 6 ‘Essential Requirements’ …
- Mechanical Resistance & Stability
- Safety in Case of Fire
- Hygiene, Health & the Environment
- Safety in Use
- Protection against Noise
- Energy Economy & Heat Retention
The unusual feature of this particular New Approach Directive was that the ‘suitable’ construction products, i.e. products which could be shown to be fit for their intended use, had to facilitate the construction works in satisfying all of the 6 Essential Requirements, taken together as a whole … not just some of the Requirements.
Down through the years, however, it has been deeply frustrating … to have to pressure the TÜV Organization in Germany, for example, to issue proper Test Reports to their German Clients … or, as recently as last July, to have to explain basic information about CE Marking to Manufacturers. And there appears to be no proper infrastructure in any EU Member State to check and control CE Marks on industrial products generally, never mind construction products.
Further up the chain, there were also problems. In developing a family of 6 Separate Interpretative Documents for each of the Essential Requirements … important cross linking concepts between Requirements, e.g. Fire-Induced Progressive Building Collapse, fell into a deep void, almost never to be heard from again. And concepts explicitly referenced in ANNEX I, such as the Safety of Rescue Teams (i.e. firefighters), received little or no attention in those Interpretative Documents … which then had a serious knock-on effect when Harmonized European Standards, European Technical Approvals (ETA’s) and EuroCodes were being drafted, based on the guidelines in Interpretative Documents.
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Lucca, Italy - Early Morning on 21 August 2011. Photograph by CJ Walsh. Click to enlarge.
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Halleluiah ! At Long Last … published on 4th April 2011, in the Official Journal of the European Union … the new EU Construction Product Regulation 305/2011 … the full title of which is …
Regulation (EU) No. 305/2011 of the European Parliament and of the Council, of 9 March 2011, laying down Harmonized Conditions for the Marketing of Construction Products and Repealing Council Directive 89/106/EEC
ANNEX I of these New Regulations now describe 7 ‘Basic Requirements for Construction Works’ … requirements which are appropriate to the needs of our time. Please note the newly revised/additional texts, highlighted in red …
Construction works as a whole and in their separate parts must be fit for their intended use, taking into account in particular the health and safety of persons involved throughout the life cycle of the works. Subject to normal maintenance, construction works must satisfy these basic requirements for construction works for an economically reasonable working life.
1. Mechanical Resistance and Stability
The construction works must be designed and built in such a way that the loadings that are liable to act on them during their construction and use will not lead to any of the following:
(a) collapse of the whole or part of the works ;
(b) major deformations to an inadmissible degree ;
(c) damage to other parts of the construction works or to fittings or installed equipment as a result of major deformation of the load-bearing construction ;
(d) damage by an event to an extent disproportionate to the original cause.
2. Safety in Case of Fire
The construction works must be designed and built in such a way that in the event of an outbreak of fire:
(a) the load-bearing capacity of the construction works can be assumed for a specific period of time ;
(b) the generation and spread of fire and smoke within the construction works are limited ;
(c) the spread of fire to neighbouring construction works is limited ;
(d) occupants can leave the construction works or be rescued by other means ;
(e) the safety of rescue teams is taken into consideration.
3. Hygiene, Health and the Environment
The construction works must be designed and built in such a way that they will, throughout their life cycle, not be a threat to the hygiene or health and safety of workers, occupants or neighbours, nor have an exceedingly high impact, over their entire life cycle, on the environmental quality or on the climate during their construction, use and demolition, in particular as a result of any of the following:
(a) the giving-off of toxic gas ;
(b) the emission of dangerous substances, volatile organic compounds (VOC’s), greenhouse gases or dangerous particles into indoor or outdoor air ;
(c) the emission of dangerous radiation ;
(d) the release of dangerous substances into ground water, marine waters, surface waters or soil ;
(e) the release of dangerous substances into drinking water, or substances which have an otherwise negative impact on drinking water ;
(f) faulty discharge of waste water, emission of flue gases or faulty disposal of solid or liquid waste ;
(g) dampness in parts of the construction works or on surfaces within the construction works.
4. Safety and Accessibility in Use
The construction works must be designed and built in such a way that they do not present unacceptable risks of accidents or damage in service or in operation such as slipping, falling, collision, burns, electrocution, injury from explosion and burglaries. In particular, construction works must be designed and built taking into consideration accessibility and use for disabled persons.
5. Protection against Noise
The construction works must be designed and built in such a way that noise perceived by the occupants or people nearby is kept to a level that will not threaten their health and will allow them to sleep, rest and work in satisfactory conditions.
6. Energy Economy and Heat Retention
The construction works and their heating, cooling, lighting and ventilation installations must be designed and built in such a way that the amount of energy they require in use shall be low, when account is taken of the occupants and of the climatic conditions of the location. Construction works must also be energy-efficient, using as little energy as possible during their construction and dismantling.
7. Sustainable Use of Natural Resources
The construction works must be designed, built and demolished in such a way that the use of natural resources is sustainable and in particular ensure the following:
(a) re-use or recyclability of the construction works, their materials and parts after demolition ;
(b) durability of the construction works ;
(c) use of environmentally compatible raw and secondary materials in the construction works.
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I will be anxious to see if the full intent of these ‘Basic Requirements for Construction Works’ is properly transposed into the new interpretative framework (comprising Delegated Acts, Harmonized Standards, etc., etc.) of EU Regulation 305/2011 …
and …
I will be even more anxious to see how and when specific output (Harmonized Standards, European Technical Approvals (ETA’s) and EuroCodes) from the obsolete interpretative framework of the Repealed Directive 89/106/EEC is revised and updated !
and, finally …
When will we ever see the vital Infrastructure of Implementation operating successfully in the EU Member States … so that Manufacturers can reap the enormous benefits of an effective EEA Single Market for Construction Products ??
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END
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