2011-10-25:  NIST’s Recommendations on the 9-11 WTC Building Collapses … GROUP 1. Increased Structural Integrity – Recommendations 1, 2 & 3 (out of 30)

2011-11-18:  NIST WTC Recommendations 4-7 > Structural Fire Endurance … GROUP 2.  Enhanced Fire Endurance of Structures – Recommendations 4, 5, 6 & 7

2011-11-24:  NIST WTC Recommendations 8-11 > New Design of Structures … GROUP 3.  New Methods for Fire Resisting Design of Structures – Recommendations 8, 9, 10 & 11

2011-11-25:  NIST WTC Recommendations 12-15 > Improved Active Protection … GROUP 4.  Improved Active Fire Protection – Recommendations 12, 13, 14 & 15

2011-11-30:  NIST Recommendations 16-20 > Improved People Evacuation … GROUP 5.  Improved Building Evacuation – Recommendations 16, 17, 18, 19 & 20

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2011-12-04:  SOME PRELIMINARY COMMENTS …

  1.     Such is the pervasively high level of both direct and indirect fire losses, not all of which have yet been identified … that a force of committed firefighters, having sufficient numbers and properly trained and equipped, is a valuable social asset in any community … and one not to be weakened or diluted easily.

  2.     Lack of discipline among firefighters was an issue during the day of 9-11 (11th September 2011) in New York …

In real life or death situations, however, discipline is essential … but competent and efficient command, control and co-ordination … facilitated by reliable systems of communication (human and electronic) … are critical.

And accurate, real time information about what is happening at a building fire incident of whatever scale … i.e. situation awareness … is a tool which propels forward and encourages the effective functioning of both the firefighter and the user/occupant evacuating the building.

  3.     A serious gap, internationally … a deep cavern … in the awareness, training and education of firefighters at all levels … is the issue of ‘disability’ and the varying range of abilities in a typical building user/occupant profile.

It is not fully appreciated by firefighters that certain people may die if placed in a standard fireman’s lift position … or, if shouted and screamed at, many people may have no understanding whatever of the firefighter’s intended meaning … or that, in order for everyone to reach a place of safety, it is necessary for firefighters to ensure that safe, accessible routes from the building (i.e. clear of all obstacles, e.g. fire hose lines) are prepared for, thoroughly, in advance of any fire incident … and actually provided should one occur.

Panic attacks during an emergency do exist !   Standard movement times for people evacuating do not exist !!   And … firefighters may themselves become impaired during a building fire incident !!!

  4.     As for building designers … where do I even start ??   Much could, and should, be done in the design and initial construction of a building to assure firefighter safety.  But … where does any requirement to consider this issue appear in national building codes/regulations ??

I have already discussed this matter in relation to European Union (EU) Regulation 305/2011 on Construction Products, where such a requirement is contained in Basic Requirement for Construction Works 2: ‘Safety in Case of Fire’ (Annex I).

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2005 NIST WTC RECOMMENDATIONS

GROUP 6.  Improved Emergency Response

Technologies and procedures for emergency response should be improved to enable better access to buildings, response operations, emergency communications, and command and control in large-scale emergencies.

NIST WTC Recommendation 21.

NIST recommends the installation of fire-protected and structurally hardened elevators to improve emergency response activities in tall buildings by providing timely emergency access to responders and allowing evacuation of mobility-impaired building occupants.  Such elevators should be installed for exclusive use by emergency responders during emergencies.*  In tall buildings, consideration also should be given to installing such elevators for use by all occupants.  NIST has found that the physiological impacts on emergency responders of climbing numerous (e.g. 20 or more) storeys makes it difficult to conduct effective and timely firefighting and rescue operations in building emergencies without functioning elevators.  The use of elevators for these purposes will require additional operating procedures and protocols, as well as a requirement for release of elevator door restrictors by emergency response personnel.

[ * F-44  The access time for emergency responders, in tall building emergencies where elevators are not functioning and only stairways can be used, averages between 1 minute and 2 minutes per floor, which, for example, corresponds to between 1½ and 2 hours (depending on the amount of gear and equipment carried) to reach the 60th floor of a tall building.  Further, the physiological impact on the emergency responders of climbing more than 10 to 12 floors in a tall building makes it difficult for them to immediately begin aggressive firefighting and rescue operations.]

Affected Standards:  ASME A 17, ANSI 117.1, NFPA 70, NFPA 101, NFPA 1221, NFPA 1500, NFPA 1561, NFPA 1620, and NFPA 1710.  Model Building and Fire Codes:  The standards should be adopted in model building and fire codes by mandatory reference to, or incorporation of, the latest edition of the standard.

NIST WTC Recommendation 22.

NIST recommends the installation, inspection, and testing of emergency communications systems, radio communications, and associated operating protocols to ensure that the systems and protocols:  (1) are effective for large-scale emergencies in buildings with challenging radio frequency propagation environments;  and (2) can be used to identify, locate, and track emergency responders within indoor building environments and in the field.  The federal government should co-ordinate its efforts that address this need within the framework provided by the SAFECOM programme of the Department of Homeland Security.

a.     Rigorous procedures, including pre-emergency inspection and testing, should be developed and implemented for ensuring the operation of emergency communications systems and radio communications in tall buildings and other large structures (including tunnels and subways), or at locations where communications are difficult.

b.     Performance requirements should be developed for emergency communications systems and radio communications that are used within buildings or in built-up urban environments, including standards for design, testing, certification, maintenance, and inspection of such systems.

c.     An interoperable architecture for emergency communication networks – and associated operating protocols – should be developed for unit operations within and across agencies in large-scale emergencies.  The overall network architecture should cover local networking at incident sites, dispatching, and area-wide networks, considering: (a) the scale of needed communications in terms of the number of emergency responders using the system in a large-scale emergency and the organizational hierarchy; and (b) challenges associated with radio frequency propagation, especially in buildings; (c) interoperability with existing legacy emergency communications systems (i.e. between conventional two-way systems and newer wireless network systems); and (d) the need to identify, locate, and track emergency responders at an incident site.

Affected Standards:  FCC, SAFECOM, NFPA Standards on Electronic Safety Equipment, NFPA 70, NFPA 297, and NFPA 1221.  Model Building Codes:  The standards should be adopted in model building codes by mandatory reference to, or incorporation of, the latest edition of the standard.

NIST WTC Recommendation 23.

NIST recommends the establishment and implementation of detailed procedures and methods for gathering, processing, and delivering critical information through integration of relevant voice, video, graphical, and written data to enhance the situational awareness of all emergency responders.  An information intelligence sector* should be established to co-ordinate the effort for each incident.

[ * F-45  A group of individuals that is knowledgeable, experienced, and specifically trained in gathering, processing, and delivering information critical for emergency response operations, and is ready for activation in large and/or dangerous events.]

Affected Standards:  National Incident Management System (NIMS), NRP, SAFECOM, FCC, NFPA Standards on Electronic Safety Equipment, NFPA 1221, NFPA 1500, NFPA 1561, NFPA 1620, and NFPA 1710.  Model Building Codes:  The standards should be adopted in model building codes by mandatory reference to, or incorporation of, the latest edition of the standard.

NIST WTC Recommendation 24.

NIST recommends the establishment and implementation of codes and protocols for ensuring effective and uninterrupted operation of the command and control system for large-scale building emergencies.

a.     State, local, and federal jurisdictions should implement the National Incident Management System (NIMS).  The jurisdictions should work with the Department of Homeland Security to review, test, evaluate, and implement an effective unified command and control system.  NIMS addresses interagency co-ordination and establishes a response matrix – assigning lead agency responsibilities for different types of emergencies, and functions.  At a minimum, each supporting agency should assign an individual to provide co-ordination with the lead agency at each incident command post.

b.     State, local, and federal emergency operations centres (EOC’s) should be located, designed, built, and operated with security and operational integrity as a key consideration.

c.     Command posts should be established outside the potential collapse footprint of any building which shows evidence of large multi-floor fires or has serious structural damage.  A continuous assessment of building stability and safety should be made in such emergencies to guide ongoing operations and enhance emergency responder safety.  The information necessary to make these assessments should be made available to those assigned responsibility (see related Recommendations 15 and 23).

d.     An effective command system should be established and operating before a large number of emergency responders and apparatus are dispatched and deployed.  Through training and drills, emergency responders and ambulances should be required to await dispatch requests from the incident command system and not to self-dispatch in large-scale emergencies.

e.     Actions should be taken via training and drills to ensure a co-ordinated and effective emergency response at all levels of the incident command chain by requiring all emergency responders that are given an assignment to immediately adopt and execute the assignment objectives.

f.     Command post information and incident operations data should be managed and broadcast to command and control centres at remote locations so that information is secure and accessible by all personnel needing the information.  Methods should be developed and implemented so that any information that is available at an interior information centre is transmitted to an emergency responder vehicle or command post outside the building.

Affected Standards:  National Incident Management System (NIMS), NRP, SAFECOM, FCC, NFPA Standards on Electronic Safety Equipment, NFPA 1221, NFPA 1500, NFPA 1561, NFPA 1620, and NFPA 1710.  Model Building Codes:  The standards should be adopted in model building codes by mandatory reference to, or incorporation of, the latest edition of the standard.

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END

2011-10-25:  NIST’s Recommendations on the 9-11 WTC Building Collapses … GROUP 1. Increased Structural Integrity – Recommendations 1, 2 & 3 (out of 30)

2011-11-18:  NIST WTC Recommendations 4-7 > Structural Fire Endurance … GROUP 2.  Enhanced Fire Endurance of Structures – Recommendations 4, 5, 6 & 7

2011-11-24:  NIST WTC Recommendations 8-11 > New Design of Structures … GROUP 3.  New Methods for Fire Resisting Design of Structures – Recommendations 8, 9, 10 & 11

2011-11-25:  NIST WTC Recommendations 12-15 > Improved Active Protection … GROUP 4.  Improved Active Fire Protection – Recommendations 12, 13, 14 & 15

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2011-11-30:  SOME PRELIMINARY COMMENTS …

  1.     In the First Post of this Series, I wrote …

” 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 … “

Sustainable Fire Engineering must also be ‘person-centred’ … i.e. a design process (in whatever architectural or engineering discipline) which places ‘real’ people at the centre of creative endeavours and gives due consideration to their responsible needs, and their health, safety, welfare and security in the Human Environment.

In order to prolong, and if at all possible, significantly extend the Life Cycle of a Sustainable Building beyond 100 years … Fire Engineers must begin to feel at ease … and be comfortable … with the following mainstream Sustainable Design Concepts …

Flexibility:  The extent to which a building interior is designed, when new, to be capable of being easily modified at any later stage during the life cycle of that building – with minimal cost and user inconvenience – because of a person’s changing living or working needs.

Adaptability:  The extent to which a building, or a building component, is designed when new, or capable of being easily modified at any later stage, to meet the changing life and living needs of the broad range of potential users, who may or may not have activity limitations, or may develop a health condition during the life cycle of that building or component.

Accessibility of a Building:  Ease of independent approach, entry, egress (during normal ambient conditions), evacuation (in the event of an emergency) and/or use of a building and its services and facilities, by all of the building’s potential users - with an assurance of individual health, safety and welfare during the course of those activities.

  2.     Group 5 of the 2005 NIST WTC Recommendations is, by far, the most important … introducing some innovative concepts of ‘real’ evacuation … with nothing too startling.  Contrary to the impression given by NIST … these Recommendations are equally valid for complex building types and, in reality, for all but the most simple of low-rise buildings.  It is interesting to note, however, that when discussing fire behaviour or structural performance in fire, for example … the NIST texts are confident and direct.  Here, when dealing with ‘people’ issues … not so confident, prone to some rambling … and lacking clarity.

Shortly after the 2005 NIST Report (NCSTAR 1) was published, I stated the following on the SDI Corporate WebSite … at this FireOx International Page … http://www.sustainable-design.ie/fire/structdesfire.htm …

” In its treatment of ‘disability’ and ‘people with activity limitations’, the Report does not go far enough, and is seriously flawed.”

Let me explain why …

As you go scan down through NIST’s Recommendations 16-20, you will encounter 1 reference to ‘mobility impaired occupants’ and  2 references to the impersonal ‘mobility impaired’.  IF (and that is still a very big ‘if’, because there is still so much rabid resistance to this topic !) … a New Post-9/11 Evacuation Model, or Construct, Dealing with ‘Disability’ is being developed … all of the major impairment groupings (i.e. visual impairment, hearing impairment, physical function impairment, mental/cognitive impairment, and psychological impairment) must be added to the mix from the beginning.  In other words, our proper focus of attention must be ‘people with activity limitations’ … not just people with disabilities, but also frail older people (not all older people !), children under the age of 5 years, women in the later stages of pregnancy, people with a health condition, etc.

And … because of the social stigma still firmly attaching to ‘disability’ … many building occupants/users will not self-identify … not even if their lives depend on it !

Concentrating on one group only, i.e. people with mobility impairments, is simplistic and entirely inadequate … and we will all end up, in a few years time, having to graft on a consideration of the other impairment groups.

This is exactly what has already gone wrong with the development of Accessibility Design Guidance during the last 30 years … where ‘people with visual or hearing impairments’ received merely token attention … and ‘people with cognitive or psychological impairments’ received no attention at all !   And … we are now grappling with the challenge of having to graft on additional texts to try to re-balance International Design Guidance on Accessibility of the Built Environment.  Been there – done that – I have all of the t-shirts !!

People with Activity Limitations (English) / Personnes à Performances Réduites (French):  Those people, of all ages, who are unable to perform, independently and without aid, basic human activities or tasks – because of a health condition or physical/mental/cognitive/psychological impairment of a permanent or temporary nature.

The above Terms (in English and French) include …

• wheelchair users ;
• people who experience difficulty in walking, with or without a facilitation aid, e.g. stick, crutch, calliper or walking frame ;
• frail, older people ;
• the very young (people under the age of 5 years) ;
• people who suffer from arthritis, asthma, or a heart condition ;
• the visually and/or hearing impaired ;
• people who have a cognitive impairment disorder, including dementia, amnesia, brain injury, or delirium ;
• women in the later stages of pregnancy ;
• people impaired following the use of alcohol, other ‘social’ drugs e.g. cocaine and heroin, and some medicines ;
• people who suffer any partial or complete loss of language related abilities, i.e. aphasia ;
• people impaired following exposure to environmental pollution and/or other irresponsible human activities, e.g. war and terrorism ;

and …

• people who experience a panic attack in a fire situation or other emergency ;
• people, including firefighters, who suffer incapacitation as a result of exposure, during a fire, to poisonous or toxic substances, and/or elevated  temperatures.

  3.     So … what provision should be made for ‘people with activity limitations’ in typical Fire Engineering Design Projects ?

Equivalent to the concept of Maximum Credible Fire Scenario, which has already been discussed in this Series … at FireOx International, some years ago, we developed the concept of …

Maximum Credible User Scenario

Representing building user conditions which are also severe but reasonable to anticipate …

a)   10% of People Using the Building (occupants, visitors and other users) have an Impairment (visual or hearing, physical function, mental or cognitive, psychological, with some impairments not being identifiable) ;

[ This performance indicator appears in ISO FDIS 21542: 'Building Construction - Accessibility & Usability of the Built Environment', which will soon be published.]

b)   The Number of People Using a Building increases, on occasions which cannot be specified, to 120% of designed/calculated maximum building capacity.

[ Generally ... the fire safety related texts contained in ISO 21542 are based on the 2005 & 2008 NIST WTC Recommendations.]

  4.     With regard to Recommendation 17 below, and NIST’s reference to the widths of evacuation staircases and door openings, etc … fire codes and regulations, fire authorities having jurisdiction (AHJ’s), and even the fire services themselves … still have a crazy mixed-up approach to defining the width of these building features … an approach which I am not even going to attempt to repeat !   Forget it !!

Without Exception … all understandings of Evacuation Route Width, Evacuation Staircase Width and Evacuation Door Opening Width … must be harmonized with the following definitions of Unobstructed Width …

Unobstructed Width – General

Free, unobstructed space – clear of all obstacles below a height of 2.1 metres above finished floor level – necessary for passage along a circulation route, or other route component, e.g. a staircase.

[ For example ... the Unobstructed Width of a Staircase is the clear dimension from the edge of one handrail to the edge of the opposite handrail ... and there is always a continuous handrail on each side of an evacuation staircase ! ]

Unobstructed Width – Door Opening

Free, unobstructed space – clear of all obstacles below a height of 2.0 metres above finished floor level – necessary for passage through a door opening, measured when the door leaf is opened to an angle of 90°, or when a sliding or folding door leaf is opened to its fullest extent.

[ For example ... the Unobstructed Width of a Door Opening is the dimension from the edge of the door leaf (when open at an angle of 90°) to the nearest edge of the door frame.]

This FireOx International Page on the SDI Corporate WebSite provides more guidance … http://www.sustainable-design.ie/fire/appendixd.htm

  5.     With regard to Recommendation 20 below, and NIST’s reference to allowing “all occupants an equal opportunity for evacuation” … this is not just a ‘nice idea’, or an ‘idealistic notion’ … this is now a Human and Social Right which is backed up and supported by International Law !   And … it is no longer acceptable for the Fire Science and Engineering Community to continue its stubborn resistance in the face of this fact !!

For the benefit of my fire engineering colleagues … I will, once again here, reproduce the most relevant extracts from the United Nations Convention on the Rights of Persons with Disabilities …

UN CRPD  Preamble Paragraph (g)

Emphasizing the importance of mainstreaming disability issues as an integral part of relevant strategies of sustainable development, …

UN CRPD  Article 9 – Accessibility

1.  To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.  These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, inter alia:

(a)  Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces ;

(b)  Information, communications and other services, including electronic services and emergency services.

2.  States Parties shall also take appropriate measures:

(a)  To develop, promulgate and monitor the implementation of minimum standards and guidelines for the accessibility of facilities and services open or provided to the public ;

(b)  To ensure that private entities that offer facilities and services which are open or provided to the public take into account all aspects of accessibility for persons with disabilities ;

(c)  To provide training for stakeholders on accessibility issues facing persons with disabilities ;

(d)  To provide in buildings and other facilities open to the public signage in Braille and in easy to read and understand forms ;

(e)  To provide forms of live assistance and intermediaries, including guides, readers and professional sign language interpreters, to facilitate accessibility to buildings and other facilities open to the public ;

(f)  To promote other appropriate forms of assistance and support to persons with disabilities to ensure their access to information ;

(g)  To promote access for persons with disabilities to new information and communications technologies and systems, including the Internet ;

(h)  To promote the design, development, production and distribution of accessible information and communications technologies and systems at an early stage, so that these technologies and systems become accessible at minimum cost.

UN CRPD  Article 11 – Situations of Risk & Humanitarian Emergencies

States Parties shall take, in accordance with their obligations under international law, including international humanitarian law and international human rights law, all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk, including situations of armed conflict, humanitarian emergencies and the occurrence of natural disasters.

[ Note:  An outbreak of fire in a building is a situation of serious risk for all vulnerable building occupants/users.]

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At the time of writing, 153 Countries had signed the UN CRPD … while 106 Countries have ratified the Convention and are, therefore, the ‘State Parties’ referred to above.

These are just a few of the State Parties to the UN CRPD …

• Argentina  (ratified the UN CRPD, 2008-09-02)
• Australia  (ratified the UN CRPD, 2008-07-17)
• Brazil  (ratified the UN CRPD, 2008-08-01)
• Canada  (ratified the UN CRPD, 2010-03-11)
• China  (ratified the UN CRPD, 2008-08-01)
• Cuba  (ratified the UN CRPD, 2007-09-06)
• European Union  (ratified the UN CRPD, 2010-12-23)
• India  (ratified the UN CRPD, 2007-10-01)
• Malaysia  (ratified the UN CRPD, 2010-07-19)
• Mexico  (ratified the UN CRPD, 2007-12-17)
• Philippines  (ratified the UN CRPD, 2008-04-15)
• South Africa  (ratified the UN CRPD, 2007-11-30)
• Turkey  (ratified the UN CRPD, 2009-09-28)
• United Arab Emirates  (ratified the UN CRPD, 2010-03-19)

I wonder how implementation is proceeding in these countries !?!

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2005 NIST WTC RECOMMENDATIONS

GROUP 5.  Improved Building Evacuation

Building evacuation should be improved to include system designs that facilitate safe and rapid egress, methods for ensuring clear and timely emergency communications to occupants, better occupant preparedness regarding their roles and duties for evacuation during emergencies, and incorporation of appropriate egress technologies.*

[ * F-36  This effort should include standards and guidelines for the development and evaluation of emergency evacuation plans, including best practices for both partial and full evacuation, and the development of contingency plans that account for expected conditions that may require adaptation, including the compromise of all or part of an egress path before or during evacuation, or conditions such as widespread power failure, earthquake, or security threat that restrict egress from the building.  Evacuation planning should include the process from initial notification of the need to evacuate up to the point when occupants arrive at a place where their safety is ensured.  These standards and guidelines should be suitable for assessing the adequacy of evacuation plans submitted for approval, and should require occupant training through the conduct of regular drills.]

NIST WTC Recommendation 16.

NIST recommends that public agencies, non-profit organizations concerned with building and fire safety, and building owners and managers develop and carry out public education and training campaigns, jointly and on a nationwide scale, to improve building occupants’ preparedness for evacuation in case of building emergencies.  This effort should include better training and self-preparation of occupants, an effectively implemented system of floor wardens and building safety personnel, and needed improvements to standards.  Occupant preparedness should include:

a.     Improved training and drills for building occupants to ensure that they know evacuation procedures for a variety of emergency scenarios (e.g. including evacuation and shelter in place), are familiar with the egress route, and are sufficiently aware of what is necessary if evacuation is required with minimal notice (e.g. footwear consistent with the distance to be travelled, a flashlight/glow stick for pathway illumination, and dust masks).

b.     Building owners and managers should educate tenants on the life safety systems present in their building(s), provide training materials explaining egress routes and stairwell and elevator information, and develop educational programmes explaining the most appropriate responses in emergency situations.  It is further recommended that the owners and managers of office buildings implement the necessary systems for collecting and storing the training history of each building occupant.

c.     Improved training and drills that routinely inform building occupants that roof rescue is not (or is) presently feasible as a standard evacuation option, that they should evacuate down the stairs in any full-building evacuation unless explicitly instructed otherwise by on-site incident commanders, and that elevators can be used if they are still in service and haven’t been recalled or stopped.

d.     Improved codes, laws, and regulations that do not restrict or impede building occupants during evacuation drills from familiarizing themselves with the detailed layout of alternative egress routes for a full building evacuation.*

[ * F-37  New York City Local Law 5 prohibits requiring occupants to practice stairwell evacuation during drills.]

Affected Standard:  ICC/ANSI A117-1.  Model Building and Fire Codes:  The standard should be adopted in model building and fire codes by mandatory reference to, or incorporation of, the latest edition of the standard.  Affected Organizations:  NFPA, NIBS, NCSBCS, BOMA, and CTBUH.

NIST WTC Recommendation 17.

NIST recommends that tall buildings be designed to accommodate timely full building evacuation of occupants when required in building-specific or large-scale emergencies such as widespread power outages, major earthquakes, tornadoes, hurricanes without sufficient advance warning, fires, explosions, and terrorist attack.  Building size, population, function, and iconic status should be taken into account in designing the egress system.  Stairwell capacity and stair discharge door opening width* should be adequate to accommodate contraflow due to emergency access by responders.

[ * F-38  Egress capacity should be based on an all-hazards approach that considers the number and width of stairs (and door openings) as well as the possible use of scissor stairs credited as a single stair.]

a.     Improved egress analysis models, design methodology, and supporting data should be developed to achieve a target evacuation performance (e.g. time for full building evacuation*) for the design building population by considering the building and egress system designs, and human factors such as occupant size, mobility status, stairwell tenability conditions, visibility, and congestion.

[ * F-39  Use of egress models is required to estimate the egress capacity for a range of different evacuation strategies, including full building evacuation.  NIST found that the average surviving occupant in the WTC towers descended stairwells at about half the slowest speed previously measured for non-emergency evacuations.]

b.     To the degree possible, mobility impaired occupants should be provided a means for self-evacuation in the event of a building emergency.  Current strategies (and law) generally require the mobility impaired to shelter in place.  New procedures, which provide redundancy in the event that the floor warden system or co-worker assistance (i.e. a buddy system) fails, should consider full building evacuation, and may include use of fire-protected and structurally hardened elevators,* motorized evacuation technology (e.g. a battery-operated evacuation chair), and/or dedicated communication technologies for the mobility impaired.

[ * F-40  Elevators should be explicitly designed to provide protection against large, but conventional, building fires.  Fire-protected elevators also should be structurally hardened to withstand the range of foreseeable building-specific or large-scale emergencies.  While progress has been made in developing the requirements and technologies for fire-protected elevators, similar criteria and designs for structurally hardened elevators remain to be developed.]

c.     If protected/hardened elevators are provided for emergency responders but become unusable during an emergency, due to a malfunction or a conventional threat whose magnitude exceeds the magnitude considered in design, sufficient stairwell capacity should be provided to ensure timely emergency responder access to buildings that are undergoing full evacuation.  Such capacity could be provided either via dedicated stairways for fire service use or by building sufficient stairway capacity (i.e. number and width of stairways and/or use of scissor stairs credited as a single stair) to accommodate the evacuation of building occupants while allowing access to emergency responders with minimal hindrance from occupant contraflow.

d.     The egress allowance in assembly use spaces should be limited in state and local laws and regulations to no more than a doubling of the stairway capacity for the provision of a horizontal exit on a floor, as is the case now in the national model codes.*  The use of a horizontal exit creates an area of refuge with a 2 hour fire rated separation, at least one stair on each side, and sufficient space for the expected occupant load.

[ * F-41  The New York City Building Code permits a doubling of allowed stair capacity when one area of refuge is provided on a floor, and a tripling of stair capacity for two or more areas of refuge on a floor.  In the world after 11 September 2001, it is difficult to predict: (1) if, and for how long, occupants will be willing to wait in a refuge area before entering an egress stairway; and (2) what the impact would be of such a large group of people moving down the stairs on the orderly evacuation of lower floors.]

Affected Standards:  NFPA 101, ASME A 17.  Model Building and Fire Codes:  The standards should be adopted in model building and fire codes by mandatory reference to, or incorporation of, the latest edition of the standard.

NIST WTC Recommendation 18.

NIST recommends that egress systems be designed:  (1) to maximize remoteness of egress components (i.e. stairs, elevators, exits) without negatively impacting on average travel distances;  (2) to maintain their functional integrity and survivability under foreseeable building-specific or large-scale emergencies;  and (3) with consistent layouts, standard signage, and guidance so that systems become intuitive and obvious to building occupants during evacuations.

a.     Within a safety-based design hierarchy that should be developed, highest priority should be assigned to maintain the functional integrity, survivability, and remoteness of egress components and active fire protection systems (sprinklers, standpipes, associated water supply, fire alarms, and smoke management systems).  The design hierarchy should consider the many systems (e.g. stairs, elevators, active fire protection, mechanical, electrical, plumbing, and structural) and system components, as well as functional integrity, tenant access, emergency responder access, building configuration, security, and structural design.

b.     The design, functional integrity, and survivability of the egress and other life safety systems (e.g. stairwell and elevator shafts, and active fire protection systems) should be enhanced by considering accidental structural loads such as those induced by overpressures (e.g. gas explosions), impacts, or major hurricanes and earthquakes, in addition to fire separation requirements.  In selected buildings, structural loads due to other risks such as those due to terrorism may need to be considered.  While NIST does not believe that buildings should be designed for aircraft impact, as the last line of defence for life safety, the stairwells and elevator shafts individually, or the core if these egress components are contained within the core, should have adequate structural integrity to withstand accidental structural loads and anticipated risks.

c.     Stairwell remoteness requirements should be met by a physical separation of the stairwells that provide a barrier to both fire and accidental structural loads.  Maximizing stairwell remoteness, without negatively impacting on average travel distances, would allow a stairwell to maintain its structural integrity independent of any other stairwell that is subject to accidental loads, even if the stairwells are located within the same structural barrier such as the core.  The current ‘walking path’ measurement allows stairwells to be physically next to each other, separated only by a fire barrier.  Reducing the clustering of stairways that also contain standpipe water systems provides the fire service with increased options for formulating firefighting strategies.  This should not preclude the use of scissor stairs* as a means of increasing stair capacity – provided the scissor stair is only credited as a single stair.

[ * F-42  Two separate stairways within the same enclosure and separated by a fire rated partition.]

d.     Egress systems should have consistent layouts with standard signage and guidance so that the systems become intuitive and obvious to all building occupants, including visitors, during evacuations.  Particular consideration should be given to unexpected deviations in the stairwells (e.g. floors with transfer hallways).

Affected Standard:  NFPA 101.  Model Building and Fire Codes:  The standard should be adopted in model building and fire codes by mandatory reference to, or incorporation of, the latest edition of the standard.

NIST WTC Recommendation 19.

NIST recommends that building owners, managers, and emergency responders develop a joint plan and take steps to ensure that accurate emergency information is communicated in a timely manner to enhance the situational awareness of building occupants and emergency responders affected by an event.  This should be accomplished through better co-ordination of information among different emergency responder groups, efficient sharing of that information among building occupants and emergency responders, more robust design of emergency public address systems, improved emergency responder communication systems, and use of the Emergency Broadcast System (now known as the Integrated Public Alert and Warning System) and Community Emergency Alert Networks.

a.     Situational awareness of building occupants and emergency responders in the form of information and event knowledge should be improved through better co-ordination of such information among emergency responder groups (9-1-1 dispatch, fire department or police department dispatch, emergency management dispatch, site security, and appropriate federal agencies), efficient sharing and communication of information between building occupants and emergency responders, and improved emergency responder communication systems (i.e. including effective communication within steel and reinforced concrete buildings, capacity commensurate with the scale of operations, and interoperability among different communication systems.

b.     The emergency communications systems in buildings should be designed with sufficient robustness and redundancy to continue providing public address announcements or instructions in foreseeable building-specific or large-scale emergencies, including widespread power outage, major earthquakes, tornadoes, hurricanes, fires, and accidental explosions.  Consideration should be given to placement of building announcement speakers in stairways in addition to other standard locations.

c.     The Integrated Public Alert and Warning System (IPAWS) should be activated and used, especially during large-scale emergencies, as a means to rapidly and widely communicate information to building occupants and emergency responders to enhance their situational awareness and assist with evacuation.

d.     Local jurisdictions (cities and counties or boroughs) should seriously consider establishing a Community Emergency Alert Network (CEAN), within the framework of IPAWS, and make it available to the citizens and emergency responders of their jurisdictions to enhance situational awareness in emergencies.*  The network should deliver important emergency alerts, information and real time updates to all electronic communication systems or devices registered with the CEAN.  These devices may include e-mail accounts, cell/mobile phones, text pagers, satellite phones, and wireless PDA’s.

[ * F-43  Types of emergency communications could include life safety information, severe weather warnings, disaster notifications (including information on terrorist attacks), directions for self-protection, locations of nearest available shelters, precautionary evacuation information, identification of available evacuation routes, and accidents or obstructions associated with roadways and utilities.]

Affected Standard:  NFPA 101, and/or a new standard.  Model Building and Fire Codes:  The standard should be adopted in model building and fire codes by mandatory reference to, or incorporation of, the latest edition of the standard to the extent it is within the scope of building and fire codes.

NIST WTC Recommendation 20.

NIST recommends that the full range of current and next generation evacuation technologies should be evaluated for future use, including protected/hardened elevators, exterior escape devices, and stairwell descent devices, which may allow all occupants an equal opportunity for evacuation and facilitate emergency response access.  Affected Standards:  NFPA 101, ASME A 17, ASTM E 06, ANSI A117.1.  Model Building and Fire Codes:  The standards should be adopted in model building and fire codes by mandatory reference to, or incorporation of, the latest edition of the standard.

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A valuable and essential facility in the grounds of  Kanazawa Castle, Japan … entered directly from the exterior … is this Accessible Toilet Room / WC / Bathroom / Hygiene Room / Rest Room / Sanitary Room (whichever term you are familiar with) provided for public use.  There is no attendant permanently present, and no camera surveillance of the external entrance area.  However, it is regularly cleaned and properly maintained during the Castle’s opening hours.

Colour photograph showing Kanazawa Castle and its grounds, in Japan. Photograph by CJ Walsh. 2010-04-27. Click to enlarge.

The following photographs show a far more ‘developed’, ‘civilized’ and ‘person-centred’ approach to the design and fit-out of these public facilities (quite common in Japan) … than here in Europe.

Real Accessibility-for-All in action … with no messing around …

Colour photograph showing a Public Toilet Room in the grounds of Kanazawa Castle, Japan ... which is Accessible-for-All. Photograph by CJ Walsh. 2010-04-27. Click to enlarge.

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Colour photograph showing a Public Toilet Room in the grounds of Kanazawa Castle, Japan ... which is Accessible-for-All. Photograph by CJ Walsh. 2010-04-27. Click to enlarge.

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Colour photograph showing a Public Toilet Room in the grounds of Kanazawa Castle, Japan ... which is Accessible-for-All. Photograph by CJ Walsh. 2010-04-27. Click to enlarge.

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Colour photograph showing a Public Toilet Room in the grounds of Kanazawa Castle, Japan ... which is Accessible-for-All. Photograph by CJ Walsh. 2010-04-27. Click to enlarge.

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Colour photograph showing a Public Toilet Room in the grounds of Kanazawa Castle, Japan ... which is Accessible-for-All. Photograph by CJ Walsh. 2010-04-27. Click to enlarge.

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Colour photograph showing a Public Toilet Room in the grounds of Kanazawa Castle, Japan ... which is Accessible-for-All. Detailed view of toilet controls and accessories. Photograph by CJ Walsh. 2010-04-27. Click to enlarge.

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2011-10-25:  NIST’s Recommendations on the 9-11 WTC Building Collapses … GROUP 1. Increased Structural Integrity – Recommendations 1, 2 & 3 (out of 30)

2011-11-18:  NIST WTC Recommendations 4-7 > Structural Fire Endurance … GROUP 2.  Enhanced Fire Endurance of Structures – Recommendations 4, 5, 6 & 7

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2011-11-24:  SOME PRELIMINARY COMMENTS …

  1.     The first of two NIST Publications being referenced in this Series of Posts is as follows …

NIST (National Institute of Standards and Technology).  September 2005.  Federal Building and Fire Safety Investigation of the World Trade Center Disaster: Final Report on the Collapse of the World Trade Center Towers.  NIST NCSTAR 1.  Gaithersburg, MD, USA.

The 2005 NIST Report concludes, in Chapter 9, with a list of 30 Recommendations for Action, grouped together under the following 8 Subject Headings …

i)        Increased structural integrity ;

ii)       Enhanced fire endurance of structures ;

iii)      New methods for fire resisting design of structures ;

iv)      Enhanced active fire protection ;

v)       Improved building evacuation ;

vi)      Improved emergency response ;

vii)     Improved procedures and practices ;   and

viii)    Education and training.

NIST has clearly stated that “the numerical ordering (of the Recommendations) does not reflect any priority”.

From my point of view, the 2005 NIST Report is especially noteworthy for the emphasis placed on:

(a)     The 3 R’s … Reality – Reliability – Redundancy ;

(b)     Evacuation Way Finding … should be ‘intuitive and obvious’ … a major challenge for building designers, since buildings are still typically designed for ‘access’ only.  In order to find the evacuation routes in a building, it is usually necessary to have a compass, a map, a magnifying glass, a torch … and a prayer book !!!   More about this in later posts …

  2.     However, following on from NIST’s emphasis on Reality … and just between you, me and the World Wide Web … there is a lot of misunderstanding in the International Fire Science and Engineering Community about what exactly is the Realistic End Condition.  But, here it goes …

Realistic End Condition:  A ‘real’ fire in a ‘real’ building, which is used by ‘real’ people with varying abilities in relation to self-protection, independent evacuation to a ‘place of safety’, and participation in the Fire Defence Plan for the building.

It is strange, therefore … and quite unacceptable … to have to point out that the Realistic End Condition IS NOT … a test fire or an experimental fire in a laboratory … or a design fire in a computer model, even IF it is properly validated !

  3.     With regard to Recommendation 8 below … NIST’s contention that “Current methods for determining the fire resistance of structural assemblies do not explicitly specify a performance objective” is not strictly the case.

If we examine Technical Guidance Document B (Ireland) and Approved Document B (England & Wales) once again, as examples close to home … Part B: ‘Fire Safety’ in both jurisdictions should be read in conjunction with its associated Part A: ‘Structure’, which contains a requirement on Disproportionate Damage.

In everyday practice, however, this never happens.  Instead, people dealing with Part B in both jurisdictions enter a sort of bubble … a twilight zone … and, if there is anything to do with structural performance in fire, they immediately refer to the Appendices at the back of both Guidance Documents (ignoring Part A altogether) … where we find a ‘single element’ approach to design, no consideration of connections, etc., etc., etc.

And … this fundamental error is further reinforced in Ireland because, under the national system of Fire Safety Certification for buildings, it is only Part B which is relevant.

At European Level, I would make the same point … under EU Regulation 305/2011 on Construction Products … Basic Requirement for Construction Works 2: ‘Safety in Case of Fire’ must be read in conjunction with Basic Requirement 1: ‘Mechanical Resistance & Stability’ … where we will again find a direct reference to Disproportionate Damage … and an indirect, but explicit, reference to Serviceability Limit States under normal conditions of use … including fire !

A major gap … the missing link at international level … is the failure, still, to elaborate and flesh out the structural concept of Fire-Induced Progressive Collapse.  More about this in later posts …

  4.     With regard to Recommendation 10 below … and amplifying my earlier comments concerning Recommendation 6 … the manufacturers of all Lightweight Structural Fire Protection Systems … not just the Sprayed Systems … have a lot to answer for.

Major question marks concerning Life Cycle Durability, and Resistance to Mechanical Damage at any stage in a building’s life cycle, hang over all of these systems.

Fire testing, alone, does not show that a Lightweight Structural Fire Protection System is ‘fit for its intended use’ !   And manufacturers well know this !!!

And as for the Installation of Lightweight Structural Fire Protection Systems on site … it’s a hornets’ nest that nobody wants to touch !

Vested interests … vested interests … vested interests !!!

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2005 NIST WTC RECOMMENDATIONS

GROUP 3.  New Methods for Fire Resisting Design of Structures

The procedures and practices used in the fire resisting design of structures should be enhanced by requiring an objective that uncontrolled fires result in burnout without partial or global (total) collapse.  Performance-based methods are an alternative to prescriptive design methods.  This effort should include the development and evaluation of new fire resisting coating materials and technologies, and evaluation of the fire performance of conventional and high-performance structural materials.

NIST WTC Recommendation 8.

NIST recommends that the fire resistance of structures be enhanced by requiring a performance objective that uncontrolled building fires result in burnout without partial or global (total) collapse.  Such a provision should recognize that sprinklers could be compromised, non-operational, or non-existent.  Current methods for determining the fire resistance of structural assemblies do not explicitly specify a performance objective.  The rating resulting from current test methods indicates that the assembly (component or sub-system) continued to support its superimposed load (simulating a maximum load condition) during the test exposure without collapse.  Model Building Codes:  This Recommendation should be included in the national model building codes as an objective, and adopted as an integral pert of the fire resistance design for structures.  The issue of non-operational sprinklers could be addressed using the existing concept of Design Scenario 8 of NFPA 5000, where such compromise is assumed and the result is required to be acceptable to the Authority Having Jurisdiction (AHJ).  Affected Standards:  ASCE-7, AISC Specifications, ACI 318, and ASCE/SFPE 29.

NIST WTC Recommendation 9.

NIST recommends the development of:  (1) performance-based standards and code provisions, as an alternative to current prescriptive design methods, to enable the design and retrofit of structures to resist real building fire conditions, including their ability to achieve the performance objective of burnout without structural or local fire collapse;  and (2) the tools, guidelines, and test methods necessary to evaluate the fire performance of the structure as a whole system.  Standards development organizations, including the American Institute of Steel Construction, have already begun developing performance-based provisions to consider the effects of fire in structural design.

This performance-based capability should include the development of, but not be limited to:

a.     Standard methodology, supported by performance criteria, analytical design tools, and practical design guidance;  related building standards and codes for fire resistance design and retrofit of structures, working through the consensus process for nationwide adoption;  comprehensive design rules and guidelines;  methodology for evaluating thermo-structural performance of structures;  and computational models and analysis procedures for use in routine design practice.

b.     Standard methodology for specifying multi-compartment, multi-floor fire scenarios for use in the design and analysis of structures to resist fires, accounting for building-specific conditions such as geometry, compartmentation, fuel load (e.g. building contents and any flammable fuels such as oil and gas), fire spread, and ventilation;  and methodology for rating the fire resistance of structural systems and barriers under realistic design-basis fire scenarios.

c.     Publicly available computational software to predict the effects of fires in buildings – developed, validated, and maintained through a national effort – for use in the design of fire protection systems and the analysis of building response to fires.  Improvements should include the fire behaviour and contribution of real combustibles;  the performance of openings, including door openings and window breakage, that controls the amount of oxygen available to support the growth and spread of fires and whether the fire is fuel-controlled or ventilation-controlled;  the floor-to-floor flame spread;  the temperature rise in both insulated and un-insulated structural members and fire barriers;  and the structural response of components, sub-systems, and the total building system due to the fire.

d.     Temperature-dependent thermal and mechanical property data for conventional and innovative construction materials.

e.     New test methods, together with associated conformance assessment criteria, to support the performance-based methods for fire resistance design and retrofit of structures.  The performance objective of burnout without collapse will require the development of standard fire exposures that differ from those currently used.

Affected National and International Standards:  ASCE-7, AISC Specifications, ACI 318, and ASCE/SFPE 29 for fire resistance design and retrofit of structures;  NFPA, SFPE, ASCE, and ISO TC92 SC4 for building-specific multi-compartment, multi-floor design basis fire scenarios;  and ASTM, NFPA, UL, and ISO for new test methods.  Model Building Codes:  The performance standards should be adopted as an alternative method in model building codes by mandatory reference to, or incorporation of, the latest edition of the standard.

NIST WTC Recommendation 10.

NIST recommends the development and evaluation of new fire resisting coating materials, systems, and technologies with significantly enhanced performance and durability to provide protection following major events.  This could include, for example, technologies with improved adhesion, double-layered materials, intumescent coatings, and more energy absorbing SFRM’s.*  Consideration should be given to pre-treatment of structural steel members with some type of mill-applied fire protection to minimize the uncertainties associated with field application and in-use damage.  If such an approach were feasible, only connections and any fire protection damaged during construction and fit-out would need to be field-treated.  Affected Standards:  Technical barriers, if any, to the introduction of new structural fire resisting materials, systems and technologies should be identified and eliminated in the AIA MasterSpec, AWCI Standard 12 and ASTM standards for field inspection, conformance criteria, and test methods.  Model Building Codes:  Technical barriers, if any, to the introduction of new structural fire resisting materials, systems, and technologies should be eliminated from the model building codes.

[ * F-34  Other possibilities include encapsulation of SFRM by highly elastic energy absorbing membranes or commodity grade carbon fibre or other wraps.  The membrane would remain intact under shock, vibration, and impact but may be compromised in a fire, yet allowing the SFRM to perform its thermal insulation function.  The carbon wrap would remain intact under shock, vibration, and impact, and possibly under fire conditions as well.]

NIST WTC Recommendation 11.

NIST recommends that the performance and suitability of advanced structural steels, reinforced and pre-stressed concrete, and other high-performance material systems be evaluated for use under conditions expected in building fires.  This evaluation should consider both presently available and new types of steels, concrete, and high-performance materials to establish the properties (e.g. yield and ultimate strength, modulus, creep behaviour, and failure) that are important for fire resistance, establish needed test protocols and acceptance criteria for such materials and systems, compare the performance of newer systems to conventional systems, and the cost-effectiveness of alternative approaches.  Technical and standards barriers to the introduction and use of such advanced steels, concrete, and other high-performance material systems should be identified and eliminated, or at least minimized, if they are found to exist.  Affected Standards:  AISC Specifications and ACI 318.  Technical barriers, if any, to the introduction of these advanced systems should be eliminated in ASTM E 119, NFPA 251, UL 263, ISO 834.  Model Building Codes:  Technical barriers, if any, to the introduction of these advanced systems should be eliminated from the model building codes.

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END

ILO – EU CEDEFOP

‘Skills for Green Jobs – A Global View’  (a synthesis report based on 21 country reports)

Click the Link Above to read and/or download PDF File (5.3 Mb)

The vision is positive … its advice is practical … and the writers actually sound as if they know what they are talking about.  And it is evident that the word ‘green’ is used, in this Report, as a simple means of communicating the far more complex concept of ‘sustainable human and social development’, with all of its many different aspects.  Judge for yourself by reading the extract from the Executive Summary below.

This Report’s contents also complement, very neatly, what has been said here in many posts … concerning the institutional infrastructure necessary, in societies, to properly implement an effective response to policies of energy conservation and security, climate change and sustainable development.

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WAYS FORWARD  [ Pages xxiv to xxvi, Executive Summary, ILO - EU CEDEFOP Report: 'Skills for Green Jobs - A Global View' ]

It is important to remember that skills are not a poor servant of the economy, expected merely to react and adjust to any change.  The availability of a suitably trained workforce capable of further learning inspires confidence that in turn encourages investment, technical innovation, economic diversification and job creation.

Policies Need to be Informed, Coherent and Co-Ordinated

When policies to green the economy and policies to develop skills are not well connected, skill bottlenecks will slow the green transformation, and potential new jobs will be lost.  Strategic, leadership and management skills that enable policy-makers in governments, employers’ associations and trade unions to set the right incentives and create enabling conditions for cleaner production and services are an absolute priority.

Environmental awareness as an integral part of education and training at all levels, introduced as a core skill from early childhood education onwards, will eventually push consumer behaviour and preferences and the market itself.

Labour market information for anticipating and monitoring skill needs for green jobs is the critical starting point for effective policy cycles.  This enables governments and businesses to anticipate changes in the labour market, identify the impact on skill requirements, incorporate changes into the system by revising training programmes and introducing new ones, and monitor the impact of training on the labour market.

The country studies that told the most successful stories prove the value of effective co-ordination among line ministries and social partners, achieved by creating task forces for human resource development for a greening economy, or by incorporating training and skills issues into a council for environmental development.  It is important that the platform for this dialogue has decision-making authority, can establish clear commitments among all those partners involved and allocate human and financial resources to them, and has agreed responsibilities not only for planning but for implementation.  A win–win situation can only be achieved if environment, jobs and skills are discussed, planned and implemented in conjunction with each other.

Decentralized approaches can actually promote policy co-ordination and coherence at sectoral and local levels.  Direct dialogue between national and regional governments and social partners can be translated into action when commitments and resource allocation occur at a smaller scale and where immediate dividends are obvious for all partners involved.  A good combination of top-down co-ordinated policy-making with bottom-up sectoral or local initiatives can support effective training-intensive green transitions.

Policies Need to be Targeted

The transformation to greener economies provides an opportunity to reduce social inequalities.  Social justice dictates that training initiatives target those who lose jobs during the transition, especially those who are typically at a disadvantage in the labour market and may require special assistance.  The growth dividend from greening the economy will be attained only if access to new training provided as part of green measures is made accessible to disadvantaged youth, persons with disabilities, rural communities and other vulnerable groups.  Incentives to increase women’s participation in technical training programmes will not only increase their participation in technology-driven occupations but also help solve the skill shortage problem in this segment of the labour market.

Green Transitions Affect the Entire Training System

Taking into account all three types of skills change – that resulting from employment shifts within and across sectors as the consequence of green restructuring, that associated with new and emerging occupations, and the massive change in the content of established occupations – it becomes clear that the whole training system must be mobilized.  Adjusting training programmes to green changes in the labour market is a transversal task across levels and types of education and training.

So far, compulsory level and tertiary education have been catching up rather well, whereas technical and vocational education and training has been lagging behind in adapting to the needs of the green economy.  Improving adjustment here can give new impetus to employment-centred and fair green transitions and requires the following key challenges to be met:

• Putting basic skills high on the policy agenda, as a foundation of flexibility and employability throughout the life cycle ;
• Matching classroom and practical training through apprenticeships, internships, job placements, projects on the job etc ;
• Adjusting the length and breadth of training provision according to different types of skills change ;
• Equipping teachers and trainers with up-to-date knowledge on environmental issues and on green technologies – education and training which deals with preparation of teachers and trainers should be one of the first priorities in skills response strategies ;
• Enabling active labour market policy measures (ALMP’s) to take into account green structural change and to provide access to relevant training and other employment activation measures ;    and
• Deploying public employment services (PES), as important players in job matching and training, to raise awareness about green business opportunities and related skill needs.

The linchpin of effective skills development for greening the economy is co-ordination.  The degree of co ordination between public and private stakeholders and the degree of involvement of social partners are decisive.  Concerted measures need to be undertaken by governments at different levels, including the community level, employers and workers, through institutional mechanisms of social dialogue, such as national or regional tripartite councils, sector or industry skills councils, public–private partnerships and the like.

Developing Countries Need Special Measures

Developing countries, and the workers and employers in them, have the least responsibility for climate change and environmental degradation but suffer their economic and social consequences disproportionately.  Special measures that can speed their employment-centred green transformations include:

-   capacity building for employers in the informal economy and micro- and small enterprises to enter green markets in localities where they are most needed ;

-   entrepreneurship training and business coaching for young people and adults to start up green businesses in conjunction with micro-finance projects ;

-   environmental awareness among decision-makers, business leaders and administrators as well as institutions of formal and non-formal training systems ;

-   capacity building of tripartite constituents to strengthen social dialogue mechanisms and to apply these to dialogue about accessibility of training for green jobs ;   and

-   increased capacity of formal education and training systems and institutions to provide basic skills for all and to raise the skills base of the national workforce ;  this includes improving apprenticeship systems and building synergies with NGO’s that provide education and training.

These measures can only be taken if resources are available.  It is therefore recommended that not only national governments but also international partnerships in developing countries take these recommendations into account both in environment programmes and in skills development programmes.

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‘GREENING’ IRELAND’s ECONOMY ?

Ireland was not one of the countries examined in the ILO / EU CEDEFOP Project.  That should tell us a lot !

BUT … just pause for a moment … and meditate on the many skill-related issues arising from the debacle at the Priory Hall Apartment Development, in Dublin.

AND NOW … read the following extracts from recent Irish National Reports … ‘high notions’ from goats in the Kerry Mountains …

The Overarching Vision – Forfás Report: ‘Future Skills Needs of Enterprise within the Green Economy in Ireland’ (November 2010) …

” For Ireland to be the benchmark ‘smart green’ economy for population centres under 20 million by 2015 – and to have the skills base and talent to drive innovative and high value products and services and maximise future business and employment growth potential.”

Final Paragraphs, #7 Conclusions – Review of National Climate Policy (November 2011) …

” In the wider-international context, there are also encouraging signs of a new ‘green growth’ paradigm which emphasises resource efficiency, the protection of natural resources and competitiveness along with the creation of new jobs.  A long-term view of how Ireland aligns its economic development with the demands of the growth engines of global commerce should be at the core of a low-carbon development vision.  In order to create enabling conditions for selling into these markets, many of which are already gearing up for the green economy, it will be necessary to ensure that the domestic conditions are right to encourage innovation.  This can be done by showing environmental ambition and using tools that allow the market to identify solutions.  That will require a combination of taking the best of what is working in other countries as well as devising domestically appropriate policies that will place Ireland in the vanguard of countries making the most of the opportunities presented by the green economy.

In terms of a long-term national vision of a carbon-constrained world, Ireland is faced with both the challenge of addressing a unique greenhouse gas emissions profile and the opportunity to position itself as an enlightened society with an environmentally sustainable and competitive, low-carbon economy.  Developing the policies to put Ireland on a clear and definite path to achieve that vision is the immediate priority.”

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Who Are These Moráns ?!?   Will Somebody Please Get Real !?!

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END

Convention … 153 Signatories … 106 Ratifications

Optional Protocol … 90 Signatories … 63 Ratifications

For reasons which can sometimes be complex … individuals and disability-related organizations are reluctant to make valid complaints … at local, regional or national levels in their countries.

This must stop !   If nobody complains … nothing will change !!

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The following documents should now be used as a Proper Model for Making a Complaint … at any level.  And should all domestic remedies be exhausted at national level in a State Party … you will have saved yourself a lot of time and energy, should you decide to take matters further … because the complaint will already be in the correct CRPD format …

Committee on the Rights of Persons with Disabilities – 15 June 2011

UN CRPD/C/5/2 – Fact Sheet on the Procedure for Submitting Communications to the Committee on the Rights of Persons with Disabilities under the Optional Protocol to the Convention  (PDF File, 41 kb)

UN CRPD/C/5/3 – Guidelines for Submission of Communications to the Committee on the Rights of Persons with Disabilities under the Optional Protocol to the Convention  (PDF File, 47.5 kb)

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END

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 ;

and

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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END

Has anybody’s interests been protected by what has happened at the ‘Priory Hall’ Apartment Development, in Donaghmede, Dublin 13 ?   NO.

Now that the buildings there have been completed … will it be possible to effectively repair the most serious fire protection, sound transmission and energy conservation problems with the buildings ??   NO.

At the heart of these problems lie Fundamental Design and Construction Flaws … because, back in the 1990′s and early 2000′s, indigenous builders of simple two storey semi-detached houses suddenly became ‘developers’ of apartment complexes … and these were very different building animals altogether, requiring a degree of technical competence well beyond their reach.  And, of course, during the actual construction process everything had to be finished ‘yesterday’, and as cheaply as possible (a policy of cheap product substitution was the un-stated national norm !).  In fact, so many corners were cut on Irish Building Sites, at the time, that we should refer to almost the entire construction output from this era as: The Celtic Tiger Round Towers !

And guess who is going to carry out the Corrective/Repair/Refurbishment Works at ‘Priory Hall’ ?   The very same Construction Organization which created the mess in the first place !!   Can you believe it ??

Furthermore … once these Corrective/Repair/Refurbishment Works are eventually finished … the performance of the Fire Protection Measures in ‘Priory Hall’ will still be compromised, because you can only do so much, physically, when a building is completed.  BUT … it would be possible to achieve a Proper Level of Fire Safety in ‘Priory Hall’ … by installing a Fire Suppression System (sprinklers or mist) throughout the development.  That’s what it will take !!

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Tremendous fire damage was caused to the local environment in Buncefield ... but SOCIETY can no longer suffer this scale of damage ... and these Criminal Human Acts! Click to enlarge.

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WHO IS PROTECTING SOCIETY ?

So extensive is the damage caused by fire … throughout Europe … that not all of the Direct and Indirect Fire Losses have yet been identified.

Pause, to consider this definition …

Environmental Impact:  Any effect caused by a given activity on the environment, including human health, safety and welfare, flora, fauna, soil, air, water, and especially representative samples of natural ecosystems, climate, landscape and historical monuments or other physical structures, or the interactions among these factors; it also includes effects on accessibility, cultural heritage or socio-economic conditions resulting from alterations to those factors.

And this means, of course, that our current Fire Loss Data and Statistics are unreliable.

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It is not well known, or widely publicised, that the Fire Safety Objectives of Building Regulations are limited to protecting building occupants.  The Objectives are only concerned with protecting property, insofar as it is relevant to the protection of those building occupants.

Can you image the look of astonishment on the face of a Managing Director, after his/her factory has been entirely destroyed by a fire, when told by a fire consultant …

” We complied with Part B of the Building Regulations, and here is your Fire Safety Certificate to prove it”  ??

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What should be happening instead ?

     1.  Fire Engineering Design & Practice cannot … and must not … be concerned merely with the ‘cost-effective’ compliance with minimal (which they most certainly are !) Fire Safety Objectives mandated by Building Legislation.

     2.  To properly protect the interests of Society and Clients/Client Organizations … Fire Engineering Design & Practice must also take into account: Safety at Work Legislation; Rights, Equality & Anti-Discrimination Legislation; Environmental Impact Legislation; Public Procurement Legislation; Product Liability Legislation; etc., etc.

     3.  There is an evolving realization in Ethical Fire Engineering Design & Practice, however, that there is still a significant gap to be bridged.  There is no legislation (effective, or otherwise) yet in place, anywhere, which deals with such issues as …

• Resistance to Fire-Induced Progressive Collapse – as very strongly recommended in the 2005 & 2008 U.S. NIST Final Reports on the 9-11 World Trade Center Building 1, 2 & 7 Collapses ;
• Protection of Vulnerable Building Users in ‘Situations of Risk’ – as required, for example, by Article 11 of the UN Convention on the Rights of Persons with Disabilities (CRPD) ;
• Safety of Firefighters/Rescue Teams – as specified in Basic Requirement for Construction Works No.2, in Annex I of European Union Construction Product Regulation 305/2011 ;
• Adaptation to Climate Change and Severe Weather Events – the Developed World Economies appear to have no interest, whatsoever, in these issues ;
• Sustainable Human & Social Development !

     4.  We must clearly distinguish, therefore, between the Fire Safety Objectives of Building Regulations/Codes … and Project-Specific Fire Engineering Design Objectives.  This difference must be fully understood by the Fire Engineer himself/herself … and then, in all circumstances, properly explained to the Client/Client Organization.

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In designing a Building for conditions of fire, and its aftermath … which may take place at any time during the Life Cycle of that Building … Project-Specific Fire Engineering Design Objectives should cover the following spectrum of concerns … in order to properly protect the interests of Society and our Clients/Client Organizations …

  -   Protection of the Health & Safety of All Building Users … including People with Activity Limitations (2001 WHO ICF), visitors to the building who may be unfamiliar with its layout, and contractors or product/service suppliers temporarily engaged in work or business transactions on the premises ;

  -   Protection of Property … including the building, its contents, and adjoining or adjacent properties … from loss or damage ;

  -   Protection of the Health & Safety of Firefighters, Rescue Teams & Other Emergency First Response Personnel ;

  -   Facility, Ease & Efficient Cost of Carrying Out Effective Reconstruction, Refurbishment or Repair Works after a Fire ;

  -   Sustainability of the Human Environment (social, built, virtual, economic, …) – including Fitness for Intended Use and Life Cycle Costing of fire engineering related products, components, systems, etc., fixed, installed or incorporated in the building ;

  -   Protection of the Natural Environment from Harm, i.e. Adverse Impacts.

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CRIMINAL RESPONSE TO 1981 DUBLIN STARDUST TRAGEDY !

As I write … a stampede has just commenced by the various Construction-Related Professional Institutes and Organizations … to demand closer independent monitoring of what is happening on Irish Building Sites.  Far too little … and definitely, far too late !   Back in the early 1990′s, everybody stood by … and co-operated with the installation of an entirely ineffective and dysfunctional system of National Building Control in Ireland … which, let us not forget, survives intact to this day … while, at the same time, the strong long-established and well-resourced Building Control Sections in Dublin and Cork were being quietly dismantled.

The Minister for the Environment, Community & Local Government, Mr. Phil Hogan T.D. … is also chirping in from his ivory tower !

Crocodile Tears !!

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Take a Fire Safety Certificate for a Building, for example …

With or Without Conditions … this document confirms that the Local Building Control/Fire Authority is satisfied that the Design Documentation for that building shows proper compliance with the Legal Requirements of Part B of the Irish Building Regulations.

Focus in on the relevant wording of a Fire Safety Certificate, which is as follows …

‘ … hereby certify that the works or building to which the application relates, will, if constructed in accordance with the plans, calculations, specifications and particulars submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations 1997 to 2008.’

Fire Safety Related Inspections of Construction Projects are not carried out by Competent Local Authority Personnel, or by Competent Independent Technical Controllers.  Therefore … a Fire Safety Certificate cannot give, and is not intended to give, any indication with regard to Fire Safety in the Completed Building.  The ‘Fire’ Establishment in Ireland knows full well that this is the situation !

Is this any sort of a reasonable, caring or competent response to the 1981 Stardust Discotheque Fire Tragedy in Dublin ??

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END

For the last few days, including today, I have been listening intently to Joe Duffy on the RTE Radio ‘Liveline’ Programme at lunchtime.  Joe is being very cautious because he cannot quite believe his ears … either about the unfolding harrowing events for occupants in ‘Priory Hall’, Donaghmede, Dublin 13 – a Private, Multi-Storey Apartment Development – or the tales and anecdotes about Irish Building Sites during the Celtic Tiger Years.

This will be of no consolation to anybody … but the big surprise, for me, is that there is so much public shock.  ‘Priory Hall’ is the Tip of the Iceberg !   Ireland’s current dysfunctional approach to the development of Our(!) Built Environment … has been designed (for want of a better word) in a chaotic, haphazard and malevolent way … to end up in exactly the sort of mess which we are all now witnessing in North County Dublin.

Just to be clear … what has been happening in the Irish Construction Industry, during the boom years, has been happening for twenty years all over the country … more precisely, since the introduction of Legal National Building Regulations, with NO Effective Building Control, in 1991 … and, before that again, in those parts of this jurisdiction, outside of the major urban areas having Legal Building Bye-Laws, and Effective Building Control, i.e. mandatory inspections by competent local authority personnel at the foundation level and drainage level of all building sites … and, depending on the type of project, occasional or frequent inspections above ground level.

[ 1991:  Statutory Instrument No.304 of 1991 - Building Control Act, 1990 (Commencement Order), 1991;  Statutory Instrument No.305 of 1991 - Building Control Regulations, 1991;  Statutory Instrument No.306 of 1991 - Building Regulations, 1991 ]

And the biggest joke of all … is that the sum of the many resources, both human and material, required to repair sub-standard construction throughout Ireland … will count as a positive contribution towards the economic indicator of GDP (Gross Domestic Product) !   FUBAR

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Colour photograph showing 'Priory Hall' ... a private, multi-storey apartment development located in North County Dublin, Ireland. Click to enlarge.

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PRACTICAL SOLUTIONS NEEDED NOW

What I have not been hearing from the radio, or reading in the newspapers, is practical solutions.

Lest there be any doubt … this is one of the professional services we provide at Sustainable Design International !

So … how do we fix Priory Hall as the situation now presents itself … in such a way that, as soon as it is practicable, a satisfactory level of long-term safety, protection, convenience and comfort will be provided for the occupants of Priory Hall … and the social wellbeing of the local community, there, can be restored.

Afterwards … we can worry about who’s responsible, and about the reasons for the many ‘system’ failures in Ireland.

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FIXING ‘PRIORY HALL’ IN DUBLIN

The following list of practical suggestions … a simple roadmap … is addressed to the Owners and Occupants of Apartments in Priory Hall.

As they have a large vested interest in the problems of Priory Hall … either directly or indirectly … no assurances or undertakings should be accepted, on face value, from either Dublin City Council (DCC) or the Department of the Environment, Community & Local Government (DECLG) … or their representatives.

     1.  Informed Consent of Apartment Owners and Occupants

Demand that the Informed Consent of the Owner/Occupant of an Apartment is required, in writing, before any necessary Corrective/Repair/Refurbishment Works are carried out …

Informed Consent:  Consent freely obtained – without threats or improper inducements – after appropriate disclosure to a person of relevant, adequate and easily assimilated information in a form and language understood by that person.

     2.  ‘As Constructed’ Drawings & Specification of Entire Development

If they exist … we’re on the way !   But, if they don’t exist … and they may not … demand that an ‘As Constructed’ Survey of the Entire Development be carried out immediately.

Demand to see a copy of the Detailed ‘As Constructed’ Drawings, and Specification, for the Entire Development.

CHECK the adequacy of the Detailed Drawings and Specification !

At this stage, remember … all of the emphasis must now be placed on actual construction … not on paperwork !   The ‘As Constructed’ Survey Drawings and Specification are only a means towards a satisfactory end … that’s all !!

     3.  Failures to Properly Comply with Current Building Regulation Requirements A to M (Second Schedule to Irish Building Regulations)

Demand to see a Detailed Schedule of the many failures to properly comply with current Building Regulation Requirements, i.e. Parts A to M in the Second Schedule to the Building Regulations, as amended.

Do not entertain, even for a moment, any discussion about past legal building regulation requirements, which were in force at the time of initial design or construction !

An important point to note !   The Guidance Texts in, for example, Technical Guidance Document B: ‘Fire Safety’ are merely that … GUIDANCE !   This guidance is not infallible … and in a few respects, is entirely inadequate … for example, when dealing with the structural performance of buildings during conditions of fire, and the ‘cooling phase’ immediately afterwards … and the fire evacuation of people with activity limitations, in which case the guidance actually ensures that fire evacuation is made extremely difficult, if not prevented altogether !

Do not be sucked in to any conversations about what is stated, or not stated, in the Technical Guidance Documents.  This is irrelevant.  The Law mandates proper compliance with the Requirements !

Some people may even attempt to quote from the Building Regulation Approved Documents for England & Wales.  Just tell them to take a long jump off a short pier … suggest Howth Harbour !

Become very, very suspicious whenever there is a use of, or reference to, the term ‘Substantial Compliance’ !!

CHECK the adequacy of this Detailed Schedule !   And … ensure that it is Comprehensive !!

     4.  The Necessary Corrective/Repair/Refurbishment Works

Demand to see Full Detailed Information, in the form of annotated drawings and descriptive texts, etc., etc … on the exact nature, timetable and phasing of all of the Corrective/Repair/Refurbishment Works which are necessary to effectively solve the serious problems in the Development.

Beware of decorative solutions, which look good to a superficial visual inspection in ambient conditions … but don’t actually solve anything !

CHECK the adequacy of this Full Detailed Information !

     5.  Independent Technical Control of Construction Works

Demand only Category A Construction Execution of the necessary Corrective/Repair/Refurbishment Works …

Category A Construction Execution:

(a)  Supervision of the works is exercised by appropriately qualified and experienced personnel from the principal construction organization ;

(b)  Regular inspections, by appropriately qualified and experienced personnel familiar with the design and independent of the construction organization(s) … and other vested interests … are carried out to verify that the works are being executed in accordance with the design.

Demand receipt of a clear undertaking, in writing, that this will be the case … before any Corrective/Repair/Refurbishment Works commence.

And remember these words from the 2005 Final Report of the U.S. National Institute of Standards & Technology (NIST) on the 9-11 World Trade Center Tower Collapses …

” NIST urges state and local agencies to rigorously enforce building codes and standards since such enforcement is critical to ensure the expected level of safety.  Unless they are complied with, the best codes and standards cannot protect occupants, emergency responders, or buildings.”

CHECK the adequacy of the Proposed Method of Independent Technical Control during execution of the Corrective/Repair/Refurbishment Works !

     6.  Meeting & Discussion with Other Owners/Occupants

Do not act alone … meet the other Owners/Occupants, and discuss issues with them.  Share and collate all available information together.  Try to identify information gaps.  If you do not understand something … ask !

When, and only when, you are happy … signal your Informed Consent that works should commence.

     7.  Commencement of Corrective/Repair/Refurbishment Works

Visit the Construction Site Office regularly … to show that you are taking a keen interest in what is happening.  Keep your eyes and ears wide open.

Expect that you will not be permitted to just wander around the Site.  Construction Sites are one of the most hazardous ‘workplaces’ in this country !

CHECK the adequacy of the Independent Technical Control actually being undertaken.

Demand to be updated, regularly, and at the very least on the progress of Corrective/Repair/Refurbishment Works at your Apartment … in the Common Areas of your Block … and throughout the full extent of the Approach Routes to your Block Entrances and Exits.

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Advisory Note:  Should you, or the Residents’ Committee of your Building or Development, be concerned about any matter discussed in this Post … please contact C.J. Walsh  by e-mail: cjwalsh@sustainable-design.ie  or by phone: (01) 8386078 / +353 1 8386078.

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END  (for now, but to be continued soon !)

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

Standardization Mandate 420 to CEN, CENELEC and ETSI in Support of European Accessibility Requirements for Public Procurement in the Built Environment

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