CJ Walsh
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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NIST’s Recommendations on the 9-11 WTC Building Collapses
2011-10-25: Since shortly after my visit to Lower Manhattan in mid-October 2001 … we have maintained an Archive Page on ‘Structural Fire Engineering, World Trade Center Incident (9-11) & Fire Serviceability Limit States‘ … at SDI’s Corporate WebSite. And I have referenced here … many, many times … the Recommendations contained in the 2005 & 2008 Final Reports of the U.S. National Institute of Standards & Technology (NIST) on the 9-11 World Trade Center Building 1, 2 & 7 Collapses.
In this post (and a series of future posts) … I find it most necessary that the 2005 & 2008 NIST Recommendations now be presented for everyone to read. Yes, some of Recommendations apply specifically to Tall and Very Tall Buildings … and Building Designers in India, China, Brazil, Russia & South Africa (BRICS), the Arab Gulf Region, Europe and North America, etc., should be fully aware of their contents.
BUT … I am also strongly convinced … precisely because I am an Architect, a Fire Engineer and a Technical Controller … that most of the NIST Recommendations apply to ALL Buildings … so catastrophic was the failure exposed on that fateful day (11 September 2001) … in all of our common design and construction practices … and our operation, maintenance and emergency response procedures !
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PRELIMINARY COMMENTS
1. Extract from Paragraph #9.2, Chapter 9, NIST Final Report on the Collapse of the World Trade Center Towers – Report Reference NIST NCSTAR 1 (2005) …
- NIST believes that these Recommendations are both realistic and achievable within a reasonable period of time, and that their implementation would make buildings safer for occupants and emergency responders in future emergencies.
- NIST strongly urges that immediate and serious consideration be given to these Recommendations by the building and fire safety communities – especially designers, owners, developers, codes and standards development organizations, regulators, fire safety professionals, and emergency responders.
- NIST also strongly urges building owners and public officials to: (i) evaluate the safety implications of these Recommendations for their existing inventory of buildings; and (ii) take the steps necessary to mitigate any unwarranted risks without waiting for changes to occur in codes, standards, and practices.
2. At the time of writing … it is important to point out that although they are related Structural Concepts … and there is still, to this day, a lot of confusion about these concepts in the USA … it is important to clearly distinguish between …
Disproportionate Damage
The failure of a building’s structural system (i) remote from the scene of an isolated overloading action; and (ii) to an extent which is not in reasonable proportion to that action.
Fire-Induced Progressive Collapse
The sequential growth and intensification of distortion, displacement and failure of elements of construction in a building – during a fire and the ‘cooling phase’ afterwards – which, if unchecked, will result in disproportionate damage, and may lead to total building collapse.
3. Recommendation 2, below, would certainly need to be understood and implemented within today’s additional design constraints of Sustainable Climate Change Adaptation and Resilience to Severe Weather Events. Therefore … Design Wind Speeds must be increased, accordingly, for ALL Buildings.
4. As such a high level of performance is expected … indeed demanded … of a Sustainable Building … Sustainable Fire Engineering must be ‘reliability-based’. In other words, it must have a rational, empirical and scientifically robust basis … unlike conventional fire engineering, which is yet aimlessly wandering around in pre-historic caves !
5. Finally … there is no use trying to hide the fact that progress on implementing the NIST Recommendations, within the USA, has been lamentably slow. Outside that jurisdiction, the response has ranged from mild interest, to complete apathy, and even to vehement antipathy. The implications arising from implementation are much too hard to digest … for long established fire safety professionals and researchers who are unswervingly committed to the flawed and out-of-date practices and procedures of conventional fire engineering and, especially, for vested interests !
However … is it either in society’s interest, or in the interests of our clients/client organizations … that, to give you a simple example which is relevant close to home, British Standard 9999 (published on 31 October 2008): ‘Code of Practice for Fire Safety in the Design, Management and Use of Buildings’ takes absolutely no account of any of the NIST Recommendations ? As far as the British Standards Institution is concerned … 9-11 never happened … which I think is an inexcusable and unforgivable technical oversight !
For this reason, the General Public in ALL of our societies and Clients/Client Organizations in ALL countries should also be fully aware of the contents of these Recommendations …
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Colour photograph showing the two World Trade Center Towers immediately after the impact of the second plane. At a fundamental level, this was a very serious 'real' fire incident ... which was extensively, and very thoroughly, investigated by the U.S. National Institute of Standards & Technology (NIST) ... and resulted in the important 2005 & 2008 NIST Recommendations. Click to enlarge.
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2005 NIST WTC RECOMMENDATIONS
GROUP 1. Increased Structural Integrity
The standards for estimating the load effects of potential hazards (e.g. progressive collapse, wind) and the design of structural systems to mitigate the effects of those hazards should be improved to enhance structural integrity.
NIST WTC Recommendation 1.
NIST recommends that: (1) progressive collapse be prevented in buildings through the development and nationwide adoption of consensus standards and code provisions, along with the tools and guidelines needed for their use in practice; and (2) a standard methodology be developed – supported by analytical design tools and practical design guidance – to reliably predict the potential for complex failures in structural systems subjected to multiple hazards.
a. Progressive collapse* should be prevented in buildings.
[ * F-19 Progressive collapse (or disproportionate damage) occurs when an initial local failure spreads from structural element to structural element resulting in the collapse of an entire structure or a disproportionately large part of it.]
The primary structural systems should provide alternate paths for carrying loads in case certain components fail (e.g. transfer girders or columns). This is especially important in buildings where structural components (e.g. columns, girders) support unusually large floor areas.*
[ * F-20 While the WTC towers eventually collapsed, they had the capacity to redistribute loads from impact and fire damaged structural components and sub-systems to undamaged components and sub-systems. However, the core columns in the WTC towers lacked sufficient redundant (alternative) paths for carrying gravity loads.]
Progressive collapse is addressed only in a very limited way in practice and by codes and standards. For example, the initiating event in design to prevent progressive collapse may be removal of one or two columns at the bottom of the structure. Initiating events at multiple locations within the structure, or involving other key components and sub-systems, should be analyzed commensurate with the risks considered in the design. The effectiveness of mitigation approaches involving new system and sub-system design concepts should be evaluated with conventional approaches based on indirect design (continuity, strength and ductility of connections), direct design (local hardening), and redundant (alternate) load paths. The capability to prevent progressive collapse due to abnormal loads should include: (i) comprehensive design rules and practice guides; (ii) evaluation criteria, methodology, and tools for assessing the vulnerability of structures to progressive collapse; (iii) performance-based criteria for abnormal loads and load combinations; (iv) analytical tools to predict potential collapse mechanisms; and (v) computer models and analysis procedures for use in routine design practice. The federal government should co-ordinate the existing programmes that address this need: those in the Department of Defence; the General Services Administration; the Defence Threat Reduction Agency; and NIST. Affected Standards: ASCE-7, AISC Specifications, and ACI 318. These standards and other relevant committees should draw on expertise from ASCE/SFPE 29 for issues concerning progressive collapse under fire conditions. Model Building Codes: The consensus standards should be adopted in model building codes (i.e. the International Building Code and NFPA 5000) by mandatory reference to, or incorporation of, the latest edition of the standard. State and local jurisdictions should adopt and enforce the improved model building codes and national standards based on all 30 WTC Recommendations (2005). The codes and standards may vary from the WTC Recommendations, but satisfy their intent.
b. A robust, integrated predictive capability should be developed, validated, and maintained to routinely assess the vulnerability of whole structures to the effects of credible hazards. This capability to evaluate the performance and reserve capacity of structures does not exist and is a significant cause for concern. This capability would also assist in investigations of building failure – as demonstrated by the analyses of the WTC building collapses carried out in this Investigation. The failure analysis capability should include all possible complex failure phenomena that may occur under multiple hazards (e.g. bomb blasts, fires, impacts, gas explosions, earthquakes, and hurricane winds), experimentally validated models, and robust tools for routine analysis to predict such failures and their consequences. This capability should be developed via a co-ordinated effort involving federal, private sector, and academic research organizations in close partnership with practicing engineers.
NIST WTC Recommendation 2.
NIST recommends that nationally accepted performance standards be developed for: (1) conducting wind tunnel testing of prototype structures based on sound technical methods that result in repeatable and reproducible results among testing laboratories; and (2) estimating wind loads and their effects on tall buildings for use in design, based on wind tunnel testing data and directional wind speed data. Wind loads specified in current prescriptive codes may not be appropriate for the design of very tall buildings since they do not account for building-specific aerodynamic effects. Further, a review of wind load estimates for the WTC towers indicated differences by as much as 40 % from wind tunnel studies conducted in 2002 by two independent commercial laboratories. Major sources of differences in estimation methods currently used in practice occur in the selection of design wind speeds and directionality, the nature of hurricane wind profiles, the estimation of ‘component’ wind effects by integrating wind tunnel data with wind speed and direction information, and the estimation of ‘resultant’ wind effects using load combination methods. Wind loads were a major factor in the design of the WTC tower structures and were relevant to evaluating the baseline capacity of the structures to withstand abnormal events such as major fires or impact damage. Yet, there is lack of consensus on how to evaluate and estimate winds and their load effects on buildings.
a. Nationally accepted standards should be developed and implemented for conducting wind tunnel tests, estimating site-specific wind speed and directionality based on available data, and estimating wind loads associated with specific design probabilities from wind tunnel test results and directional wind speed data.
b. Nationally accepted standards should be developed for estimating wind loads in the design of tall buildings. The development of performance standards for estimating wind loads should consider: (1) appropriate load combinations and load factors, including performance criteria for static and dynamic behaviour, based on both ultimate and serviceability limit states; and (2) validation of wind load provisions in prescriptive design standards for tall buildings, given the universally acknowledged use of wind tunnel testing and associated performance criteria. Limitations to the use of prescriptive wind load provisions should be clearly identified in codes and standards.
The standards development work can begin immediately to address many of the above needs. The results of those efforts should be adopted in practice as soon as they become available. The research that will be required to address the remaining needs also should begin immediately and results should be made available for standards development and use in practice. Affected National Standard: ASCE-7. Model Building Codes: The standard should be adopted in model building codes by mandatory reference to, or incorporation of, the latest edition of the standard.
NIST WTC Recommendation 3.
NIST recommends that an appropriate criterion be developed and implemented to enhance the performance of tall buildings by limiting how much they sway under lateral load design conditions (e.g. winds and earthquakes). The stability and safety of tall buildings depend upon, among other factors, the magnitude of building sway or deflection, which tends to increase with building height. Conventional strength-based methods, such as those used in the design of the WTC towers, do not limit deflections. The deflection limit state criterion, which is proposed here is in addition to the stress limit state and serviceability requirement; it should be adopted either to complement the safety provided by conventional strength-based design or independently as an alternate deflection-based approach to the design of tall buildings for life safety. The recommended deflection limit state criterion is independent of the criterion used to ensure occupant comfort, which is met in current practice by limiting accelerations (e.g. in the 15 to 20 milli-g range). Lateral deflections, which already are limited in the design of tall buildings to control damage in earthquake-prone regions, should also be limited in non-seismic areas.*
[ * F-22 Analysis of baseline performance under the original design wind loads indicated that the WTC towers would need to have been between 50 % and 90 % stiffer to achieve a typical drift ratio used in current practice for non-seismic regions, though not required by building codes. Limiting drift would have required increasing exterior column areas in lower stories and/or significant additional damping.]
Affected National standards: ASCE-7, AISC Specifications, and ACI 318. Model Building Codes: The standard should be adopted in model building codes by mandatory reference to, or incorporation of, the latest edition of the standard.
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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
Remembering Dr. Ernesto ‘EL CHE’ Guevara de la Serna Lynch ?
2011-10-10: Yesterday … did anyone remember the myth that is … and the man of Latin America that was … Dr. Ernesto ‘EL CHE’ Guevara de la Serna Lynch … assassinated on 9 October 1967, in Bolivia ??
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Colour photograph showing a framed head and shoulders of the young Dr. Ernesto 'CHE' Guevara de la Serna Lynch in a small museum in the central square of Yara (Plaza Grito de Yara), Cuba. Centuries earlier, nearby, the Indian hero Hatuey was burned at the stake. Photograph by CJ Walsh. 2007-04-10. Click to enlarge.
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Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba ... built to commemorate the 30th anniversary of the Battle for Santa Clara. Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra. The memorial complex also comprises the mausoleum of Che Guevara and a museum. Photograph by CJ Walsh. 2007-04-14. Click to enlarge.
Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba ... built to commemorate the 30th anniversary of the Battle for Santa Clara. Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra. The memorial complex also comprises the mausoleum of Che Guevara and a museum. Photograph by CJ Walsh. 2007-04-14. Click to enlarge.
Colour photograph showing the memorial in Plaza de la Revolución, Santa Clara, Cuba ... built to commemorate the 30th anniversary of the Battle for Santa Clara. Unveiled on 28 December 1988, it was designed by the Architect Jorge Cao Campos and the Sculptor José Delarra. The memorial complex also comprises the mausoleum of Che Guevara and a museum. Photograph by CJ Walsh. 2007-04-14. Click to enlarge.
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Colour photograph showing a hoarding on the roof of a building in Cienfuegos, Cuba ... which comprises an image of CHE, with the accompanying text "Tu Ejemplo Vive - Tus Ideas Perduran". Photograph by CJ Walsh. 2007-04-13. Click to enlarge.
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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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Building Design Must Improve Firefighter Safety in Fire Incidents !
Back to the present … and in any jurisdiction, news of Firefighter Fatalities and/or Injuries is very distressing. It has been remarkable to note, however, how some countries, e.g. Japan, are expending significant time and resources on developing innovative ways to improve firefighter safety in buildings … while most countries are not. Over many years, I have formed the clear impression that, generally, firefighters are regarded in much the same way as soldiers, i.e. they are a disposable asset … ‘Theirs not to reason why / Theirs but to do and die’ … etc., etc. This situation is entirely unacceptable, and in need of urgent resolution !
On 6th & 7th July … in Cardiff, Wales … I have been invited by the International President of the Institution of Fire Engineers (IFE), Mr. HG Tay, to make a presentation on ‘Sustainable Fire Engineering’ at the 2011 IFE International Fire Conference and Annual General Meeting. I am greatly honoured by this invitation.
During the course of that presentation, I will be referring to Firefighter Safety … but much more needs to be said, beforehand, in relation to the untapped contribution of building design to greater levels of firefighter safety …
INTRODUCTION
It may be obvious for some (but, believe me, not for all !) that with regard to fighting fires in buildings … Firefighters have 2 Basic Functions :
- to rescue people who are trapped in a Fire Building (i.e. a building which is on fire) … or people who, for some reason, cannot independently evacuate the building (e.g. people with activity limitations) ; and
- to fight those fires, and ensure that they are properly extinguished.
Note: Extinction of a fire is confirmed only after a thorough visual inspection by a competent person.
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DESIGN & CONSTRUCTION
In a previous post, dated 13 December 2010 … I said that it was no longer ethically acceptable to ignore the issue of Firefighter Safety in the design and construction of buildings … because design can make a major contribution to their safety.
Unfortunately, Firefighter Safety must continue to remain an ethical issue because Building Regulations in most countries rarely, if ever, refer to this important aspect of design and construction. Safety at Work Legislation has a related, but different, intent.
Regrettably, most of the building design professions either have no Code of Ethics … or there is a Code which is ‘lite-lite-lite’, i.e. very weak on ethics … or, worse still, they have a Code … but it is called a Code of Professional Conduct, the principal intent of which is to preserve and protect the profession and its vested interests.
At European Level …
Essential Requirements 1 & 2 (of 6 … for the time being) … in Annex I of European Union (EU) Council Directive 89/106/EEC, of 21 December 1988, on the approximation of laws, regulations and administrative provisions of the Member States relating to Construction Products … state the following …
1. Mechanical Resistance & Stability
The construction works must be designed and built in such a way that the loadings that are liable to act on it during its 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 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:
- the load-bearing capacity of the construction can be assumed for a specific period of time ;
- the generation and spread of fire and smoke within the works are limited ;
- the spread of the fire to neighbouring construction works is limited ;
- occupants can leave the works or be rescued by other means ;
- the safety of rescue teams is taken into consideration.
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Sweden … has incorporated all 6 Essential Requirements of EU Construction Products Directive 89/106/EEC into its National Building Regulations … but has omitted the reference to the ‘safety of rescue teams’, i.e. Firefighter Safety. Why is that ?
Ireland, along with England & Wales, has not incorporated the EU CPD Essential Requirements into its National Building Regulations. There is no requirement, in Part B of the Building Regulations of either of these two separate jurisdictions, to consider Firefighter Safety in the design and construction of buildings.
In these three specific cases, taken as a simple example, this is a serious legal flaw … especially since the European Template, above, has existed since the late 1980′s !
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Let me illustrate how Building Design & Construction can make a major contribution to improved levels of Firefighter Safety …
A. Accessible Internal Staircases Having Sufficient Unobstructed Width
From a building user’s point of view … the success of a building depends, to a large extent, on the ‘quality’ of its circulation spaces. During the design process, however, an architect is typically concerned with the relationship between different functions and spaces … while, at the same time, he/she is shaping and moulding the internal and external forms of the building.
The full range of tasks and activities in these circulation spaces is rarely, if ever, considered by the building designer. The subject is not covered in Architectural Schools … and in later professional life, a reluctance to carry out Building Post-Occupation Evaluations (POE’s) reinforces this low level of awareness.
Some Tasks & Activities in Building Circulation Spaces …
- Access to the building’s spaces and use of its services and facilities ;
- Egress from the building during normal, everyday circumstances ;
- Independent Evacuation, in the event of an emergency ;
- Assisted Evacuation by others, or Rescue by Firefighters, for those building users who cannot independently evacuate the building, e.g. people with activity limitations ;
- Firefighter Access & Reconnaissance, in the event of an emergency ;
- Firefighter Attack, as they approach the proximity of the fire scene ;
- Firefighter Removal from the building, by colleagues, in the event of injury, impairment, or a fire event induced health condition ;
- Firefighter Withdrawal at the successful conclusion of firefighting operations.
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Colour photograph showing an injured, or impaired, firefighter being assisted by two colleagues in an upward staircase removal exercise. For reasons outlined in a previous post (2010-12-13) ... all three firefighters must continue to wear full Personal Protection Equipment (PPE) ... and use Self-Contained Breathing Apparatus (SCBA). Click to enlarge.
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The photograph above was extracted from this 2010 Poster Presentation …
Daniel DiRenzo, Cherry Hill Fire Department, New Jersey, USA
Building Fires – Personal Harness Use – Firefighter Removals
Click the Link Above to read and/or download PDF File (1.73 Mb)
No matter what the jurisdiction … no matter what Building Regulations do or do not require … it is clear that, during a ‘real’ fire emergency, patterns of circulation are not simple … and they cannot easily be segregated into categories with simple titles. They are complex … and, quite often, they overlap.
In the case of the firefighter removal on a staircase (shown above) … there is a necessity to consider another type of ‘Contraflow’ … where the injured, or impaired, firefighter with two of his/her colleagues rendering assistance are together moving away from the scene of the fire … while other firefighters are moving in the opposite direction, towards the fire.
In all but the most simple and smallest building types, this is what a Fire Evacuation Staircase should look like below … having a clear unobstructed staircase width, between handrails, of 1500 mm … with a stair going/tread of 300 mm, and a stair riser of 150 mm. Proper attention by the designer to Accessibility Design Criteria will also make the staircase far, far easier … and safer … for Firefighter Movement …
Colour drawing taken from International Standard ISO FDIS 21542, and associated inset photographs ... showing a Fire Evacuation Staircase suitable for All Building Types, which is designed for Firefighter Safety. The staircase is also designed to accommodate Building User Evacuation/Firefighter Contraflow, illustrated with an inset colour photograph ... the Rescue/Assisted Evacuation of People with Activity Limitations, also illustrated with an inset colour photograph ... and the Use of a Stretcher. The staircase design is based on the work of CJ Walsh. Click to enlarge.
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B. Accessible Façade Walkways in High-Rise Buildings
With today’s powerful drivers of greater energy conservation and efficiency in buildings, adaptation to climate change, and a paradigm shift in thinking on the reduction of adverse environmental impact by buildings … External Façade Design is rapidly evolving … becoming far more complex and, in many cases, comprising multiple ‘skins’.
Just check out this architectural feature, below, in an Osaka (Japan) High-Rise Hotel … which not only serves as an accessible route for evacuation and/or rescue in the event of a fire incident … but also permits much easier access for maintenance and window cleaning.
This architectural feature should be mandatory in the case of high-rise buildings with a single, central core …
Colour photograph showing the High-Rise Swissôtel Nankai in Osaka, Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
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Colour photograph showing the External Walkway on the Building Façade of the High-Rise Swissôtel Nankai in Osaka, Japan. Photograph by CJ Walsh. 2010-04-19. Click to enlarge.
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Colour photograph showing the Hotel Room Evacuation Panel to the External Façade Walkway, which can also facilitate rescue by firefighters during a fire incident. Photograph by CJ Walsh. 2010-04-19. Click to enlarge.
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Building Design can make a substantial contribution to greater Firefighter Safety !!
BUT … who is raising the awareness of building designers about this issue ???
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“April in Paris !” – Recent Meeting of CIB W14: Fire Safety
2011-04-29: A Meeting of CIB Working Commission 14: ‘Fire Safety’ took place at the Headquarters of Groupe AFNOR … Association Française de NORmalisation … which is located just outside the centre of Paris, France … on Monday, 11 April 2011.
These meetings are typically, though not always, co-ordinated with a long series of ISO Technical Committee 92: ‘Fire Safety’ Meetings at the same venue. Both technical bodies have a very good working relationship, and there is a strong interchange of membership between the two. The recent revision to the description and scope of CIB W14 will be of enormous benefit to all.
Colour photograph showing the CIB W14: 'Fire Safety' Meeting in Paris, on 11 April 2011, at the Groupe AFNOR Headquarters. Photograph by CJ Walsh. 2011-04-11. Click to enlarge.
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Some Matters of Interest at the CIB W14: ‘Fire Safety’ Meeting – Presentations & Discussions about Two of the Current Pre-Normative Innovation & Research Projects …
1. CIB W14 Working Group IV: ‘Structural Reliability & Fire-Induced Progressive Collapse’
See the Dedicated Page on this Technical Web Log (Tech-BLOG) Site … http://www.cjwalsh.ie/progressive-collapse-fire/ … for the latest update on the Research Project … which has proposed the following, as a Rational Route Forward …
A. Mainstream the Language, Practices, Procedures and Design Methodologies of Fire Science & Engineering … so that other design disciplines can appreciate that Ethical Fire Science & Engineering also has a sound, modern, rational and empirical basis. [Task for CIB W14]
B. Raise awareness about the primacy, and encourage the wide acceptance, of Fire Serviceability Limit States in Structural Fire Engineering … and the universal requirement that buildings must resist Fire-Induced Progressive Collapse and, in addition, also resist Disproportionate Damage. [Task for CIB W14 Working Group IV]
C. Indicate the need for, and foster the development of, innovative Structural Thermal Insulation Fire Protection Systems which are durable, can resist mechanical damage in ambient and fire conditions, and can be properly shown to be ‘fit for their intended life-cycle use’. [Task for the Fire Industry]
D. In steel construction … depending on its location in a building and having designed sufficiently robust connections for fire conditions … show why, where and how Thermal Insulation must now be used to maintain a Lower Temperature in the Steel … in order to ensure that its deformations (+/- deflection, expansion and distortion, etc.) remain within design parameters … both during the fire and, for a minimum period afterwards, during the ‘cooling phase’. [Task for CIB W14 Working Group IV]
E. Encourage the development of Fire Engineering Design Guidelines for new and existing buildings, along with the Decision Support Tools needed for their use in practice … to support #2 and #4 above. And propose how Existing Code/Regulation Provisions and Standards should be suitably updated and revised. [Task for the International Fire Science & Engineering Community]
During the discussion which followed my presentation, and having reviewed progress … it was generally felt that the time was now ripe to prepare a Discussion Document for Comment. This will be circulated about a month before the next meeting of CIB W14 … to be held in October 2011.
2. CIB W14 Working Group 5: ‘Fire Incident Human Behaviour & Abilities’
The photograph above was actually taken during the presentation of this Research Project … at the time being given by Project Leader, Douglas Hillhouse, Organizer of the Fire Risk Engineering Programme at Glasgow Caledonian University, in Scotland.
Prior to the Paris Meeting, Douglas had circulated a Project Discussion Document for Comment … which was focused mainly on people with disabilities. The Co-Ordinator of CIB W14, Prof. Dr. George Hadjisophocleous, was pleased to see this Research Project develop and gather momentum.
During the discussion which followed the Presentation, I made the following points …
- The United Nations Convention on the Rights of Persons with Disabilities (CRPD) was adopted on 13 December 2006; it came into force, i.e. became an International Legal Instrument, on 3 May 2008; and it was ratified by a European Union (E.U.) having, for the first time after the Lisbon Treaty, its own separate legal personality … on 23 December 2010.
In February 2011 … the 2010 European Foundation Centre (EFC) Report: ‘Study on Challenges and Good Practices in the Implementation of the UN Convention on the Rights of Persons with Disabilities’, was approved for publication by the European Commission. Under a duty of loyal co-operation, which derives from Article 4.3 of the Treaty on European Union (TEU), each E.U. Member State is now obliged to properly implement the critical accessibility-related provisions of the UN CRPD, i.e. Preamble (g) and Articles 4.3, 9, 10, 11, with 31 & 33.
- The Final Draft of International Standard … ISO FDIS 21542: ‘Building Construction – Accessibility & Usability of the Built Environment’ … was registered with ISO Central Secretariat on 17 March 2011. In spite of the technically flawed submission from ISO Technical Committee 92 to ISO Technical Committee 59, which is responsible for the production of ISO 21542 … we had successfully managed to retain a substantive, and meaningful, body of text relating to Fire Safety for People with Activity Limitations.
- Our concern, throughout this CIB W14 Research Project, would be Fire Safety for All … including people with a wide range of behavioural responses and physical/mental/cognitive/psychological abilities during a fire incident … including people with activity limitations, not just people with disabilities … and firefighters. The user profile in a ‘real’ building must be viewed as a continuum.
- In attempting to provide better Fire Engineering Design Solutions for people with cognitive impairments, I had realized … many years ago … that the field of Cognitive Psychology offered huge potential for a paradigm shift in Fire Engineering Research. This potential will be identified in the Project.
- Amongst the International Fire Science and Engineering Community, there is widespread ignorance about Panic and Panic Attacks … this may help to explain the irrational fear about dealing with this important issue … a fear which the WG 5 Project will confront !
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Of Unrelated Interest ?
During visits to Paris, I regularly ‘pop-in’ to Père Lachaise Cemetery … in the east of the city. Access is very convenient … the Père Lachaise Métro Station being directly served by Lines 2 & 3. Here are the last resting places (?) of Some Interesting Personalities …
A. Camille Pissarro (1830-1903) – Impressionist Painter
Colour photograph by CJ Walsh. 2011-04- 12. Click to enlarge.
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B. Jim Morrison (1943-1971) of ‘The DOORS’ – Lead Singer, Songwriter & Poet
Colour photograph by CJ Walsh. 2011-04-12. Click to enlarge.
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C. Maria Callas (1923-1977) – Opera Singer & Diva
Colour photograph by CJ Walsh. 2011-04-12. Click to enlarge.
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Osaka’s 2011 Cherry Blossom Walk in Post-Disaster Japan ?
2011-04-19: This year’s Osaka Cherry Blossom Viewing & Festival Market is taking place right now … from 14 April until 20 April 2011 … at the Osaka Mint Bureau (Zoheikyoku) … the head office of Japan Mint … a governmental agency responsible for the supply of coins and medals, and the analysis, testing and certification of metals.
The 560 metre long Cherry Blossom Walk in Osaka is famous, throughout Japan, for its 352 Cherry (Sakura) Trees … comprising 128 Cherry Varieties. It is open for public viewing during one week each year, usually in April, when the flowers are in full bloom.
In 2010, there were 602,000 visitors … and I was very fortunate to be one of those !
Colour photograph showing the 2010 Cherry Blossom Viewing & Festival Market at the Osaka Mint Bureau (Zoheikyoku) in Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
In 2011, the Themed Flowering Cherry is ‘IMOSE’ … so named, because it often bears two fruits from one flower. The flowers are light and dark red in colour … with around 30 petals, which bloom in two stages.
Colour photograph showing the 2010 Cherry Blossom Viewing & Festival Market at the Osaka Mint Bureau (Zoheikyoku) in Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
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Colour photograph showing the 2010 Cherry Blossom Viewing & Festival Market at the Osaka Mint Bureau (Zoheikyoku) in Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
Before the recent Tōhoku Earthquake and Tsunami Disaster in Japan … I would have automatically selected photographs which focused on the Cherry Blossoms, and had few if any people in view. Now, however, it is important to show ordinary Japanese people … people of all ages … enjoying a simple pleasure in life. These are the very same people who were caught up in the tragedy, and continue to suffer horrendously.
Now is the time, after the world’s short attention span has moved on to the next natural or man-made disaster, to continue to keep these people in our thoughts.
Colour photograph showing the 2010 Cherry Blossom Viewing & Festival Market at the Osaka Mint Bureau (Zoheikyoku) in Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
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Colour photograph showing the 2010 Cherry Blossom Viewing & Festival Market at the Osaka Mint Bureau (Zoheikyoku) in Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
2011 Japanese Earthquake & Tsunami Appeal
I am a Member of the Ireland Japan Association (IJA). If you wish to make a donation, please go directly to the IJA WebSite … http://www.ija.ie/ … and please, please give generously. Thank you.
Colour photograph showing the 2010 Cherry Blossom Viewing & Festival Market at the Osaka Mint Bureau (Zoheikyoku) in Japan. Photograph by CJ Walsh. 2010-04-20. Click to enlarge.
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New Dublin Criminal Courts Building – Denying Human Rights !
2011-04-07: The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is an issue, right here and now, for Architects in Ireland … and the Irish Built Environment, whoever designs, constructs, operates or manages it … not because this country has, or has not, ratified the Convention … but because the European Union has ratified this Convention ! And as we have all witnessed, on countless times since the early 1970′s … it has required a big stick from Europe to drag Ireland’s social legislation into the modern era.
UN CRPD Article 13 – Access to Justice
1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.
Last week … from Monday, 28 March 2011 … until Thursday, 31 March 2011 … I attended as a Juror at the New Criminal Courts of Justice Building, which is located at the Main Gate to the Phoenix Park in Dublin … near the junction between Parkgate Street and Infirmary Road.
I was very curious to experience this new building as an ordinary user. However, I was not at all happy at the outcome … the accessibility performance was so inadequate.
In the case of this new building, it is clear that the Irish State has failed – is failing – to comply with Article 13 of the UN Convention on the Rights of Persons with Disabilities … and is thus denying a basic human right to many people in our society.
Colour photograph showing the Main Entrance to the New Criminal Courts of Justice Building in Dublin, with entrance steps in the foreground. Photograph taken by CJ Walsh. 2011-03-30. Click to enlarge.
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Post Occupation Evaluation (POE) is not a well-known architectural concept among architects … and even when it is known, it is not the most favoured. This subject has, in my direct experience, been treated with light-hearted frivolity in 8 Merrion Square, Dublin ! Afterall, who wants to meet the failures of their cherished designs head-on … up-front and in their faces ?? To some architects, successes never seem to count as being of equal, or more, importance. But, they are both a vital tool in continuous learning.
POE, however, is a crucial part of work as a practicing architect. It is essential to feed previous design failures and successes … and ‘real’ information about building user/occupant behaviour … back into new projects ! This is ‘real’ CPD (Continuing Professional Development) in action … and a serious issue which is completely overlooked in the Royal Institute of the Architects of Ireland’s current approach to CPD !!
The reason so much of the built environment … so many buildings … is/are so inaccessible for many people … is not because designers have something against people with activity limitations … it is because designers just do not want human beings … anybody … to enter and use their buildings. People are so messy … and they always want to do silly things with a building which were never planned … or they want to change things around, spoiling ‘the design’ … etc., etc., etc.
This problem begins back in the architectural schools, and becomes a deeper problem on the professional practice courses organized by professional institutes … here, and in other countries. POE and building user/occupant behaviour is not covered … at all ! Can you believe that ?? I still can’t.
Tyranny of the Plan is another architectural concept. I will try to explain it this way. Take the photograph above. Why, for example, are there no handrails on the right hand side … the major part … of those steps ? Because of that Tyranny of the Plan Drawing ! It looked ‘right’ … beautiful, almost sexy … just to have handrails on that part of the steps leading from the main front doors … design movement was continued and controlled. This is not the same as people movement.
On Sunday morning last, I measured those steps myself … (riser) 150 mm in height x (going) 300 mm in depth … (2 x riser) + (1 x going) = 600 mm … ideal dimensions for steps inside a building … but not the most convenient, comfortable or safe dimensions for steps outside a building.
Handrails are definitely required throughout the full extent of the steps ! But, that would have looked very sloppy on the plan drawing. Now, however, take a closer look at those steps … looking down from above … and just imagine that you are a frail, older person and your sight may not be the greatest … that you are visually impaired in some manner …
Colour photograph showing details of the steps, handrails and tactile ground surface indicators at the Main Entrance to the New Criminal Courts of Justice Building in Dublin, Ireland. Photograph taken by CJ Walsh. 2011-03-30. Click to enlarge.
The wrong type of tactile ground surface information is being given at the top and bottom of the steps … we would like to warn users of the hazard they are approaching, i.e. the steps, by using a ‘blister’ surface indicator … not direct them to turn left or right when they perceive those continuous ‘corduroy’ ridges. The horizontal handrail extensions at the top and bottom of the short flight of steps are insufficiently long. There is inadequate visual contrast at all of the step nosings (i.e. the leading top edges) which would have helped people to accurately locate those edges. And, as already referred to above, the step dimensions could have been greatly improved with a slight adjustment … for example, (riser) 125 mm in height x (going) 350 mm in depth … (2 x riser) + (1 x going) = 600 mm … much better altogether for steps outside a building ! Compare and contrast with the many Japanese photographs shown in earlier posts. There is no comparison ! This is sloppy work in Dublin.
Mies van der Rohe (1886-1969), the Master German Architect, is often quoted as having said: “God is in the details”. Right on, Ludwig … ride ‘em cowboy !!!
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For security reasons, it was not possible to take any photographs inside the building. However, it was abundantly clear that accessibility for people with activity limitations, generally, was inadequate. While some small account had been taken of the needs of people using wheelchairs … people with a visual impairment would have a very difficult time using this building. Furthermore, when it came to the ‘swearing-in’ of Jurors at Court No.7, circulation was incredibly confined and restricted … I was having to squeeze myself forward in order to be ‘processed’. What a mess !
This was an unacceptable and very disappointing example of poor, misguided and minimalist accessibility implementation … making an ironclad case for effective independent verification of Accessibility Performance, as required by the United Nations Convention on the Rights of Persons with Disabilities … at the end of the design stage in a project, and especially during the actual process of construction … to ensure that an ‘informed’ design intention becomes reality.
UN CRPD Article 33 – National Implementation & Monitoring
1. States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a co-ordination mechanism within government to facilitate related action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.
3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.
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And that is not the end of the story ! When construction of a building has been completed and it is then occupied, Competent Building Management is critical in maintaining an initial level of good accessibility performance throughout the life cycle of that building. Once again, however, the management of this building was sloppy … take a bow, the Courts Service of Ireland !
Symptoms of Larger Problems … Two Short Little Anecdotes …
a) Unheeded Building Evacuation Warning
In the middle of Roll Call, on the first morning that I attended as a Juror, a Voiced Stand-By Building Evacuation Warning was announced over the building’s public address system. It was explained that there had been ‘an incident’. That’s all … no other information was given. This announcement was repeated again, and again, and again. It then stopped, momentarily, and then started again. It finally ended.
During the announcements … we all looked around … there were at least 150 people in the room … then looked at each other, shrugged our shoulders and smiled. We at least thought that the person in charge of the Roll Call would be in a position to quickly find out what was going on … but no, she also shrugged her shoulders and carried on calling out names.
Afterwards, I asked one of the many ushers what had happened … was it a serious incident ? He didn’t know, and just stated that ushers are generally told nothing.
This is entirely unacceptable ! Are clowns managing the New Criminal Courts of Justice Building in Dublin ??
b) Disrespectful ‘Swearing-In’ of Jurors
An Information Leaflet, produced by the Courts Service back in January 2010, entitled: ‘Attending for Jury Service’ … contains the following Introduction …
Jury Service is an important civic duty. It is a vital part of our criminal justice system. You must arrive on time to ensure trials are not delayed. To assist you we have prepared this leaflet which includes a map to guide you to (the) jury assembly area of the Criminal Courts of Justice.
Concerning ‘Swearing-In a Jury’ … it is stated in the Leaflet …
The court registrar calls out your name and asks you to take an oath on the Holy Book of your choice, or you may affirm.
From the beginning, nobody was informed about these options. On the final morning, when I was selected to be a Juror, the only Holy Book which was placed in front of Jurors was the Christian Bible. No other Holy Book was visible. Everyone was being processed in one way … without any consideration or respect for their dignity as an individual person.
With all of the stress of these occasions, and the formalities involved … the ‘Swearing-In’ Judge was even wearing a wig (I thought that those days were long gone !) … it would be all too easy for people … ‘automatically’, almost by reflex action, and not wanting to make a fuss … to go through a ‘standard’ processing procedure, which for them had little or no meaning. Is that the intended purpose of ‘Swearing-In’ ??
It may have escaped the attention of the Courts Service that Ireland is now a pluralist and richly varied multi-cultural society. Some people are religious, others are not … some people are Christians, others are Moslems, Jews or Buddhists, etc., etc … whatever !
A range of Holy Books must be visible to all Jurors … and they must all be informed about the option of ‘Affirming’ … before ‘Swearing-In’ commences !
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END
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