technical control

Grenfell Tower Fire Inquiry’s Phase 1 Report – Information

2019-10-31:  Wednesday, 30 October 2019 … the Full Phase 1 Report from the Grenfell Tower Fire Inquiry was published on-line … https://www.grenfelltowerinquiry.org.uk/phase-1-report … in 4 Volumes.

Colour photograph showing the Grenfell Tower Fire, in London, which broke out on 14 June 2017.  Click to enlarge.

Please have the patience to view the Chairperson’s Statement (12 minutes) from Sir Martin Moore-Bick on the same webpage.

Colour photograph showing the Grenfell Tower Fire Inquiry’s Chairperson, Sir Martin Moore-Bick.  Click to enlarge.

The following is the 2019 Phase 1 Executive Summary & Recommendations, available here to download in 9 different languages (my selection):

My technical views on the 2019 Grenfell Tower Recommendations will appear shortly.

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#GrenfellTowerFire #FireSafety4ALL #NobodyLeftBehind #VulnerableBuildingUsers #PwAL #PwD #NeverStayPut #Firefighters #FFsafety #2019GrenfellRecommendations #SFE #GrenfellTowerFireInquiry #LondonFireBrigade #DanyCotton #FireResistingDoorsets #FireCompartmentation #FireEvacuation

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Fire Safety in Buildings – Reliable Design, Supply & Construction

2019-07-31:  A very serious problem in modern buildings (post 1950’s), and in many countries around the world … which can lie dormant and hidden from any and all Surface Inspections … until there is an outbreak of #Fire !

Passive/Active Fire Protection Measures, and Building Management Systems (i.e. any combination of human and smart systems), are never 100% Reliable.  However, Poor Workmanship on Building Sites and Unauthorized Product / System Substitution are reducing this #Reliability to far below the threshold of legal (or any other) ‘acceptability’.

Colour photograph showing a person at work on a construction site.  Is he/she Competent to do this particular work ?  For the task, is he/she using the Correct Tools and Proper Materials (i.e. products/systems which are ‘fit for purpose’) ??  Who is monitoring his/her performance ???  The important objective is a Fire Safe Building for ALL Occupants/Users.  Click photograph to enlarge.

As a result, Fire Evacuation Routes can quickly become full of dense toxic smoke, impairing/incapacitating people trying to evacuate … the integrity of Fire Compartments can very rapidly be compromised, leading to uncontrolled internal fire spread … and Partial Structural Collapse will be a definite probability.

Most in danger and at high risk in ‘real’ building fires are Vulnerable Building Users and #Firefighters !

[ Vulnerable People: Those people – in a community, society or culture – who are most at risk of being physically, psychologically or sociologically wounded, hurt, damaged, injured, or killed … and include, for example, People with Disabilities, Young Children, People with Health Conditions, Frail Older People, Women in Late Pregnancy, Refugees, Migrants, and the Poor. ]

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‘Building Materials and Workmanship’ Must Be Relentlessly Monitored PRIOR TO AND DURING Construction – Afterwards Is TOO LATE !

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In these days of #Architects staring at computer screens all day, not being very ‘smart’ in and around actual construction sites … and with Fire Engineering Design Information still merely a #BIM add-on … there are 5 Fundamental Principles of Reliable Building Design, Product Supply and Construction for Fire Safety :

  1. Design of the works must be exercised by an independent, appropriately qualified and experienced architect/engineer/fire engineer, with design competence relating to the fire protection of buildings ;
  1. The Supply of ‘fit for purpose’ fire safety related construction products/systems to the works must be undertaken by reputable organizations with construction competence, particularly in relation to the fire protection of buildings … and all product/system substitution must be pre-authorized ;
  1. Installation/Fitting of fire safety related construction products/systems must be exercised by appropriately qualified and experienced personnel, with construction competence relating to the fire protection of buildings ;
  1. Supervision of the works must be exercised by appropriately qualified and experienced personnel from the principal construction organization ;
  1. Regular Inspections, by appropriately qualified and experienced personnel familiar with the design, and independent of both the design and construction organizations, must be carried out to verify that the works are being executed in accordance with the design.

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Self-Regulation / Self-Monitoring Is NO Regulation / NO Monitoring !!

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Colour photograph showing a larger, more complex construction project … with more complicated working relationships between the Building Design Team, the Principal Construction Organization, Sub-Contractors, and Trades Men/Women.  In this context, the monitoring of Building Materials and Workmanship must be both unrelenting and stringent !  The important objective remains the same: a Fire Safe Building for ALL Occupants/Users.  Click photograph to enlarge.

Incomplete / inaccurate information about the number of People, particularly Vulnerable Building Users, still remaining in a Fire Building, and/or the number of Occupants waiting in Areas of Rescue Assistance and Lift/Elevator Lobbies … all resulting from poor Building Management … will greatly increase the Hazards and Risks involved in Firefighter Search and Rescue Operations, and will result in Building Occupant Injuries and Deaths !

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Mainstream Fire Codes & Standards DO NOT Protect Vulnerable Building Users and Firefighters !!!

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#SFE #Design #ProductSupply #Construction #FireSafety4ALL #FireEngineering #FireProtection #FireCompartment #FireEvacuation #Buildings #FacilityManagement #Resilience #Sustainability #PoorWorkmanship #ProductSubstitution #ProperMaterials #VulnerablePeople #Firefighters

Successful Elaboration of ‘Fire Safety for All’ in China’s Bay Area ~ Hong Kong & Macau !

2019-07-26:  This time last month, in June … I was visiting a hot and humid Hong Kong and Macau, only 1 hour apart on a sea ferry, in China’s Bay Area … to make a Keynote CPD Presentation on Fire Safety for All – Nobody Left Behind ! in the Hong Kong Institute of Architects … and following that up with a full morning Workshop and an afternoon Plenary Presentation at the large 2019 Rehabilitation International Asia-Pacific Region Conference, in Macau, later in the week.

2019 Rehabilitation International Asia-Pacific Conference (Macau) – 26 to 28 June

The Theme of this 3-Day Conference, in #Macau, was Together, Leaving No One Behind, In Disability-Inclusive & Rights-Based Progress.  Attended by 1,500 delegates from 30 different countries, the event also gathered together more than 250 international experts, practitioners, academics and researchers from all over the world.

Two Exhibitions, visited by 6,000 people, were organized alongside the Conference: 1) ‘Facilitation and Mobility Aids + Assistive Technologies’ … and 2) ‘Art’.

It is worthwhile noting  that #China ratified the U.N. Convention on the Rights of Persons with Disabilities (#CRPD) on 1 August 2008 … but has not yet signed, never mind ratified, the Convention’s Optional Protocol … a clear signal of current political intent which, hopefully, will change in the not-too-distant future.  Every year, Hong Kong and Macau submit reports to Beijing regarding CRPD compliance status and implementation.

Colour photograph showing CJ Walsh, as he addresses a Plenary Session on Fire Safety for All – Nobody Left Behind ! at the 2019 Rehabilitation International Asia-Pacific Region Conference, in Macau.  Click to enlarge.

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Colour image showing the Matrix of ‘Fire Safety for All’ … a Priority Theme of Sustainable Fire Engineering … which is particularly concerned with the fire safety of #PwAL’s (People with Activity Limitations), but also with #PwD’s (People with Disabilities).  After the 2017 Grenfell Tower Fire, in London, it is important that these concerns stretch to include the #Poor, #Refugees and #Migrants.  Click to enlarge.

Without being able to use a #Lift/#Elevator for Fire Evacuation in a building … there is No Fire Safety for All !

In a developing fire incident, People with Activity Limitations must be provided with a safe, alternative evacuation route – just like all other building users – which is a Fundamental Principle of all Fire Engineering.  However … just one #User/#Occupant Fire Evacuation Lift/Elevator in a building is an empty, meaningless, Token Gesture !

Colour photograph showing the participants from 30 different countries who attended the 2019 Rehabilitation International Asia-Pacific Region Conference.  The venue was The Venetian Macau Hotel.  Click to enlarge.

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Fire Safety for All must be considered at the start of the Design Process.  Colour image explaining how #Buildings must remain #Serviceable, not merely Structurally Stable, for a minimum Required Period of Time.  Click to enlarge.

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‘Fire Safety for All’ on Macau TV News … Friday night, 28 June 2019 … my friend and colleague, Ar Joseph Kwan (Architect & Accessibility Consultant based in Hong Kong), is the person being interviewed …

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Hong Kong Institute of Architects CPD Seminar – 24 June 2019

Continuing Professional Development (#CPD) is an important aspect of Ethical Architectural Practice.  Arriving drenched in a heavy rain downpour on the Monday evening … I was not surprised, therefore, to find that this Seminar was well attended by local architects.  Representatives of HK Authorities Having Jurisdiction (#AHJ’s), and Local Fire Services, as well as senior personnel involved in the development of the HK Code of Practice for Fire Safety in Buildings and the HK Barrier Free Design Manual were active participants in the panel discussion afterwards.

Colour image showing the Title Page of CJ Walsh’s Keynote CPD Presentation on ‘Fire Safety for All – Nobody Left Behind !’.  This Page also signals how ‘Fire Safety for All’ is integrated into the wider context of Sustainable Design.  Click to enlarge.

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Colour photograph showing CJ Walsh, as he makes a Keynote CPD Presentation on ‘Fire Safety for All – Nobody Left Behind !’ in the offices of the Hong Kong Institute of Architects.  Click to enlarge.

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The Global Wildfire Challenge & Learning To Live With Fire

2019-04-05 (2021-07-22):  Let us imagine, for a moment, that we are in another dimension … The Twilight Zone …

… and that this is a Positive Energy Building, set in a sprawling, diverse, interconnected and flourishing #Woodland with its ecosystems, flora and fauna … an idealized scene … the Sustainability Idyll

Colour photograph proposing, as the Sustainability Idyll, a Positive Energy Building in the midst of a diverse, interconnected and flourishing Woodland.  Climate disruption is increasing the risk of more frequent and intense Wildfires, threatening this idealized scene.  Click to enlarge.

But … is it … ??   What percentage of the world’s population would ever have the opportunity to live this way ???

And … lurking all around this beautiful scene, is an inherent and growing threat to life, property, and those trees, shrubs, and wildlife … #Wildfires / #Bushfires …

The Aim of Sustainable Fire Engineering (#SFE) is to dramatically reduce direct and indirect fire losses in the Human Environment (including the social, built, economic, virtual, and institutional environments) … to protect the Natural Environment … and, within Buildings, to ensure that there is an effective level of Fire Safety for All Users / Occupants, not just for Some, during the full building life cycle.

[ Human Environment:  Anywhere there is, or has been, an intrusion by a human being in the Natural Environment. ]

So … how do we reduce direct and indirect fire losses in the Human Environment … and improve its #Resilience ?

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A recent publication provides a good platform – a benchmark – to begin this serious conversation …

December 2018 … the International Union of Forest Research Organizations (#IUFRO), which is based in Vienna, published Occasional Paper No. 32: ‘GLOBAL FIRE CHALLENGES IN A WARMING WORLD – Summary Note of a Global Expert Workshop on Fire and Climate Change’ …

IUFRO Occasional Paper 32 – Cover Page.  Click to enlarge.

GLOBAL FIRE CHALLENGES IN A WARMING WORLD – Summary Note of a Global Expert Workshop on Fire and Climate Change   (PDF File, 4.72MB)

Executive Summary

Today, catastrophic wildfires are increasingly common across the globe.  Recent disasters have attracted media attention and strengthened the perception of wildfires as ‘bad’ events, a plague worsened by climate disruption that has yet to be eradicated.  Although it is true that fire has a destructive potential, the reality of global fire activity depicts a much more complex picture in which fire can be a useful, if not necessary, tool for food security and the preservation of cultural landscapes, as well as a an integral element of many ecosystems and their biodiversity.

Global fire activity is shaped by diverse social, economic, and natural drivers influencing the fire environment.  The culminating complexity of these factors defines, in turn, the likelihood of a landscape to burn and the potential positive or negative outcomes for communities and ecosystems that can result from a blaze.  Although many regions remain understudied, the effects of ongoing climate disruption associated with other planetary changes are already visible, transforming fire activity in ways that are not well understood but are likely to be dramatic, with potential dire consequences for nature, and society in case of #Adaptation failure.

Based on the limited available statistics, there is a growing trend in the cost of wildfires.  In addition to human lives that are lost to flames or smoke, and the billions of euros imputable to firefighting and insurance coverage, the growing interest in costs linked to healthcare, business stability, or the provision of ecosystem services such as drinking-water indicates negative economic consequences impacting countries’ GDP and social stability.  Attempts to evaluate the future costs of wildfire disasters point at a worsening situation, yet the list of possible social and economic effects is incomplete and the magnitude of envisaged impacts is conservative.

Notwithstanding the difficulties inherent to global climate modelling, there is a scientific consensus on the future increase in the frequency of fire-conducive weather associated with drier ecosystems, a mix that will eventually result in more frequent and intense fire activity.  When combined with an ever-growing world population and unsustainable land uses, the conditions leading to fire disaster will only be intensified.  Although fire governance has historically advocated for fire suppression, a ‘NO FIRE’ motto is not an option anymore in the new fire reality.  Current policies aiming at total fire suppression have been shown to be detrimental and are therefore outdated.  The key to wildfire disaster risk reduction in a changing world now lies in learning to live with fire.

Investments in international co-operation, integrated management, local community involvement, cutting-edge technologies, and long-term data collection are critically needed to ensure the future of fire disaster risk mitigation.  Moreover, future land development policies must prioritize the protection and the restoration of natural and cultural landscapes that have been degraded by the inappropriate use of fire or, conversely, by historical fire exclusion; keeping a place for fire in forest resource management and landscape restoration has been shown to be a cost-effective and efficient solution to reduce fire hazard.

Overall, synthesis of globally available scientific evidence revealed the following key issues for Landscape Management and Governance:

  • Climate Disruption, with longer, hotter, and drier fire seasons, in combination with other environmental changes linked to population growth and unsustainable land-use practices, is contributing to extreme wildfire events that exceed existing fire management capacities.  The world is entering a ‘new reality’ that demands new approaches to fire governance.
  • Fire is an inherent feature of the Earth System and many ecosystems, including their fauna, are dependent on it for their long-term survival; nevertheless, ongoing changes in global fire activity in terms of location, intensity, severity, and frequency will have immense costs for biodiversity, ecosystem services, human well-being and livelihoods, and national economies – to extents that have yet to be evaluated.  Investment in social, economic, and environmental monitoring is therefore urgent, especially in under-studied regions.
  • Integrated fire risk reduction is key to adapting to ongoing changes in global fire risk.  Future #Sustainable Fire Risk Mitigation demands integrated region-specific approaches based on a clear understanding of fires in context, population awareness and preparedness, fire surveillance and early-warning systems, adaptive suppression strategies, fire-regime restoration, landscape-scale fuel management, changes to many land use practices, and active restoration of landscapes.
  • Engagement with local communities, land-owners, businesses and public stakeholders – via multiple tiers of governance – is crucial to restore and maintain landscapes that are biodiverse and functional, respectful of local cultures and identities, economically productive, and above all, fire-resilient.
  • People have historically achieved sustainable co-existence with flammable ecosystems and have often used fire as a land-management tool, thereby shaping many modern and long-standing landscapes around the world.  Traditional fire knowledge is thus key to adapting to local changes in fire activity, using known techniques for the reduction of dangerous fuel loads, prescribed burning and sustainable landscape management practices.
  • Building adaptive capacity to confront fires must be based on knowledge of the natural and cultural roles of fire, how they have shaped our modern landscapes, and their importance in the long-term functioning of socio-ecological systems.  Further developments in land-system science, geospatial technologies, and computer modelling will enhance our understanding of the long-term ecological and socio-economic drivers of fire through the widespread collection and distribution of harmonized fire data at the global level.  However, creating and sharing such knowledge requires national and international investments in scientific and operational fire science programmes.
  • Catastrophic fires are undeniably part of our future.  Current scientific estimates are conservative, meaning that changes in fire activity might be worse than anticipated.  We have to act now to mitigate catastrophic fires and limit the occurrence of disastrous situations.  Given disparities but also similarities in the levels of fire risk around the world, and the capacities to manage it, knowledge and technology transfers through international cooperation will be a paramount factor in learning to live with fire.

This Occasional Paper is the result of a large collaborative effort by fire scientists and practitioners who believe that learning to co-exist with changing fire activity is not only possible but necessary if we, as a global society, are to adapt to climate disruption and keep our natural and cultural landscapes healthy, resilient, and safe for the next generations.  The work presented hereafter was developed during, and as follow-up to, the Global Expert Workshop on ‘Fire and Climate Change’ hosted in Vienna, Austria, on 2-4 July 2018.  It stresses the diversity and the complexity of the global fire situation, a situation that is evolving, positively or negatively, in unknown proportions due to global environmental changes — with climate disruption being the most acknowledged manifestation.

Conclusion – Learning To Live With Fire

We live on a flammable planet; although not everything is meant to burn, fire cannot be eliminated.  Ongoing global climate disruption combined with other planetary changes is leading to more frequent and more extreme fires exposing vulnerable societies, economies, and ecosystems to disaster situations.  The recognition of fire activity as a worsening hazard threatening human security is the necessary first step towards international co-operation for the mitigation of disaster risk situations in fire-prone areas.

However, we are not defenceless.  Fire scientists in many regions of the world have been developing successful strategies and tools based on cutting-edge technologies for several years.  Those are now mature enough to be up-scaled and adapted to other geographic contexts as part of national fire management frameworks.  Additionally, integrating existing and future scientific knowledge on climate disruption and changing fire regimes, and systematically collecting long-term data on current and past fire uses will foster better informed decisions, models and enhanced efforts towards Wildfire Disaster Risk Reduction, as well as contribute to the development of Sustainable Anthropocene Fire Regimes.

We hope this paper will be a catalyst for a paradigm shift, so fires are not seen as an enemy to fight but as natural and necessary phenomena, as well as a useful and necessary tool that can often help protect people and nature.  It is paramount to revise, fund, and fulfil future management, research, and governance needs if we are, as world citizens, to trigger a societal change that will help us better live with fires.

The information and insights contained in this Occasional Paper connect together to promote the use of several existing solutions to the problem: defining national fire risk reduction frameworks, collecting and analyzing relevant traditional knowledge and biophysical fire data, investing in fire detection and prediction technologies, involving and preparing stakeholders, and improving fire use and landscape management in ways that help control the fuel load and the spread of fire, while limiting GreenHouse Gas (#GHG) emissions and protecting the communities and the landscapes they live in and often depend on.

The Status Quo is no longer an option; it is time to make Integrated Fire Management the rule rather than the exception.

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Sustainable Fire Engineering – Recent Dublin Presentations !

2019-03-19:  Two Conference & Exhibition Events were recently held in Dublin’s City West Convention Centre

2019 City West Summits, Dublin – Colour photograph showing the view over the Exhibition Hall.  Click to enlarge.

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I was very pleased to make a Presentation at both events, adapted to suit an Irish context, on … ‘Sustainable Fire Engineering – Necessary Professional Transformation For The 21st Century’ … which continues to evolve.

Sustainable Fire Engineering:  The creative, person-centred and ethical Fire Engineering response, in resilient built form and smart systems, to the concept of Sustainable Human and Social Development … the many aspects of which must receive synchronous and balanced consideration !

Sustainable Fire Engineering
Internet: www.sfe-fire.eu
Twitter: @sfe2016dublin

Presentation Abstract

Annual Fire Losses, both direct and indirect, amount to a very significant percentage of Gross Domestic Product (#GDP) in all economies, whether they are rich or poor … and result in enormous environmental devastation and social disruption.  Some losses have not yet been fully identified, e.g. environmental impact … while others are not yet capable of being fully quantified, e.g. business interruption, brand and reputation damage.  Globally, fire statistics still remain unreliable.  In all cases, however, the waste of valuable human and natural resources caused by preventable fires is unsustainable and no longer acceptable.

From an entirely different perspective … Sustainable Buildings are presenting every society with an innovative and exciting re-interpretation of how a building functions in response to critical energy, environmental, climate change and planetary capacity pressures … an approach which has left the International Fire Engineering and Firefighting Communities far behind in its wake, struggling to develop the necessary ‘creative’ and ‘sustainable’ fire safety strategies.

The Aim of Sustainable Fire Engineering (#SFE) is to dramatically reduce direct and indirect fire losses in the Human Environment (including the social, built, economic, virtual, and institutional environments) … to protect the Natural Environment … and, within buildings, to ensure that there is an effective level of Fire Safety for All Occupants, not just for Some, over the full building life cycle.

The following Priority Themes for SFE lie outside, or beyond, the constrained and limited fire safety objectives of current fire regulations, codes and standards – objectives which do not properly protect society, a fire engineer’s clients, or the facility manager’s organization:

  1. Fire Safety for ALL, not just for Some.  Nobody left behind !
  2. Firefighter Safety.  Everyone goes home !   It is easy to dramatically improve firefighter safety with building design.  So, why haven’t NIST’s 2005 and 2008 WTC 9-11 Critical Recommendations been properly implemented anywhere ?
  3. Property Protection.  Fire damage and post-fire reconstruction/refurbishment are a huge waste of resources.  On the other hand, protection of an organization’s image/brand/reputation is important … and business continuity is essential.  Heritage fire losses can never be replaced.
  4. Environmental Impact. Prevention of a fire is far better than any cure !   But prevention must also begin by specifying ‘clean’ technologies and products.  Low Pressure Water Mist Systems are not only person/environment-friendly and resource efficient … they are absolutely essential in airtight and hyper energy-efficient building types (e.g. LEED, PassivHaus, BREEAM) in order to achieve an effective level of fire safety for all occupants, and firefighters.    [ Note: Environmental Impact Assessment (#EIA) has been superseded by Sustainability Impact Assessment (#SIA).]
  5. Building Innovation, People and Their Interaction.  Fire engineers and firefighters must begin to understand today’s new design strategies.
  6. Sustainable Design and Engineering. Wake up and smell the coffee !   Legislation can only achieve so much.  Spatial planners, building designers and fire engineers must subscribe to a robust Code of Ethics * which is fit for purpose in the Human Environment of the 21st Century.

Sustainable Fire Engineering Solutions are …

  • Adapted to a local context, i.e. climate change/variability/extremes, social need, geography, economy, and culture, etc ;
  • Reliability-based – lessons from real extreme and hybrid events, e.g. 2001 WTC 9-11 Attack, 2008 Mumbai/2015 Paris/2016 Brussels Hive Attacks and the 2011 Fukushima Nuclear Incident, are applied to frontline practice ;
  • Person-centred – real people are placed at the centre of creative endeavours and due consideration is given to their responsible needs, and their health, safety, welfare and security in the Human Environment ;
  • Resilient – functioning must be reliable during normal conditions, and include the ability to withstand, adapt to and absorb unusual disturbance, disruption or damage, and thereafter to quickly return to an enhanced state of function.

* Refer to the 2016 Dublin Code of Ethics: Design, Engineering, Construction & Operation of a Safe, Resilient & Sustainable Built Environment for All (PDF File, 112 kb).

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Noel Manning – Innovative Fire Researcher !

2019-03-18:  Lest we forget him …

Long before the Rest of the World was introduced to the term Fire-Induced Progressive Damage, in the late afternoon of 11 September 2001 (WTC 9-11), with the collapse of World Trade Center Building No.7 in New York City …

(9-11) WTC Building No.7 – Fire-Induced Progressive Damage !

… decades earlier … Noel Manning had intuitively discovered the same Structural Fire Engineering Concept … and had developed and tested a suite of domestic-scale building systems to deal with this very dynamic aspect of fire behaviour …

Noel C Manning – 2017-11-05 RIP

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The International Fire Engineering Community is still shy about discussing this concept, never mind understanding it … and most importantly, solving it !   Which makes me seriously wonder … is there a deep-seated flaw in International Fire Research ?   Are mainstream Fire Researchers more interested in sourcing funding than in actually solving ‘real’ world fire engineering problems ???

And I also wonder … why have the 2005 and 2008 NIST (USA) WTC 9-11 Recommendations on the WTC Building Collapses still not been properly implemented within the USA … and why have they been ignored everywhere else ?????

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Rigorous Implementation Of Environmental Law – A Priority !

2019-03-17:  Saint Patrick’s Day …

The United Nations Environment Programme (UNEP – https://www.unenvironment.org/) has recently published the First Global Report on Environmental Rule of Law … which finds weak enforcement to be a global trend that is exacerbating environmental threats, despite the prolific growth in environmental laws and agencies worldwide over the last four decades.

The answer, of course, is rigorous implementation of environmental law … most particularly in those developed countries which have amassed their riches, over past centuries, from the plunder of natural, human and cultural resources in Central & South America, Africa and Asia.

UNEP: ‘Environmental Rule of Law – First Global Report’ (2019)

Download The Full UNEP Report Here … https://www.unenvironment.org/resources/assessment/environmental-rule-law-first-global-report   (PDF File, 30.76 MB)

Executive Summary

If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected, and enforced … and the benefits of environmental protection are enjoyed by people and the planet.  Environmental rule of law offers a framework for addressing the gap between environmental laws on the books and in practice, and is key to achieving the U.N. Sustainable Development Goals.

Environmental laws have grown dramatically over the last three decades, as countries have come to understand the vital linkages between environment, economic growth, public health, social cohesion, and security.  As of 2017, 176 countries have environmental framework laws; 150 countries have enshrined environmental protection or the right to a healthy environment in their constitutions; and 164 countries have created cabinet-level bodies responsible for environmental protection.  These and other environmental laws, rights, and institutions have helped to slow – and in some cases to reverse – environmental degradation and to achieve the public health, economic, social, and human rights benefits which accompany environmental protection.

The 1972 United Nations Conference on the Human Environment brought the global environment into the public consciousness, leading to the establishment of the United Nations Environment Programme.  Following the 1992 United Nations Conference on Environment and Development (known as the Rio Earth Summit), many countries made a concerted effort to enact environmental laws, establish environment ministries and agencies, and enshrine environmental rights and protections in their national constitutions.  By the 2012 United Nations Conference on Sustainable Development, the focus had shifted to implementation of environmental laws, which is where progress has waned.

Too often, implementation and enforcement of environmental laws and regulations falls far short of what is required to address environmental challenges.  Laws sometimes lack clear standards or necessary mandates.  Others are not tailored to national and local contexts and so fail to address the conditions on the ground.  Implementing ministries are often underfunded and politically weak in comparison to ministries responsible for economic or natural resource development.  And while many countries are endeavouring to strengthen implementation of environmental law, a backlash has also occurred as environmental defenders are killed and funding for civil society restricted.  These shortfalls are by no means limited to developing nations: reviews of developed nations have found their performance on environmental issues lacking in certain respects.  In short, environmental rule of law is a challenge for all countries.  This Report discusses the range of measures that countries are adopting to address this implementation gap – and to ensure that rule of law is effective in the environmental sphere.

As the first assessment of the global environmental rule of law, this Report draws on experiences, challenges, viewpoints, and successes of diverse countries around the world, highlighting global trends as well as opportunities for countries and partners to strengthen the environmental rule of law.

The Report highlights the need to undertake a regular global assessment of the state of environmental rule of law.  To track progress nationally and globally, it is necessary to utilize a set of consistent indicators.  The Report proposes an indicator framework for environmental rule of law and highlights existing datasets that may be utilized in support of the global assessment.

The Report also calls for a concerted effort to support countries in pilot testing approaches to strengthen environmental rule of law.  Such an initiative could support testing of approaches in diverse contexts, and then adapting them before scaling them up.  It should also foster exchange of experiences between jurisdictions to foster learning.

In addition to these two cross-cutting recommendations, the Report highlights numerous actionable steps that States can take to support environmental rule of law.  For example, States can evaluate the current mandates and structure of environmental institutions to identify regulatory overlap or underlap.  States and partners can build the capacity of the public to engage thoughtfully and meaningfully with government and project proponents.  They can prioritize protection of environmental defenders and whistle-blowers.  States may consider the creation of specialized environmental courts and tribunals, and use administrative enforcement processes to handle minor offences.  And there is an ongoing need to research which approaches are effective under what circumstances.

The benefits of environmental rule of law extend far beyond the environmental sector.  While the most direct effects are in protection of the environment, it also strengthens rule of law more broadly, supports sustainable economic and social development, protects public health, contributes to peace and security by avoiding and defusing conflict, and protects human and constitutional rights.  As such, it is a growing priority for all countries.

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