Sustainable Design International

Disability Access Certificates (DAC’s) in Ireland – Confused ??

Posted by CJ Walsh

2011-09-01:  To say, bluntly, that there is confusion out there … at every level … would be a mild understatement !   Yes, the Disability Access Certificate (DAC) & Revised DAC Process is new … but that cannot explain what is happening … or, more precisely, what is not happening.

BUT … before jumping in at the deep end and examining the existing and operative Part M of the Irish Building Regulations … let me just mention, very briefly, two wider legal ‘niceties’ concerning Accessibility of Buildings for People with Disabilities …

     1.  The Black Hole between Building Regulations and Equality Law

The definition of People with Disabilities in the existing Part M is limited.  It is inadequate.  Compare, now, that definition with the definition of Disability in Irish Equality Legislation … which is the complete opposite, being very wide in scope.  A deep chasm exists between the two.  Check each of them out for yourself !   And because few people are aware of this chasm … a better description of that large space might be a Black Hole.

However, the clear consequence of the Black Hole for building owners … and building designers alike … is that the ‘act’ of merely going through the motions with regard to compliance with Part M … and being satisfied with getting ‘the’ piece of paper, i.e. a Disability Access Certificate … will, without any shadow of a doubt, open the building owner to a complaint under Equality Law.  And when a building owner encounters this sort of problem … who will he, or she, hunt down for an explanation ??

Client Organizations beware … prevention is a far better strategy !!   Check out the Level of Accessibility Performance required to avoid complaints under Equality Legislation.

[ You should also consider the following … the Health & Safety Authority in Ireland is doing absolutely nothing to ensure that Workplaces are Accessible … a requirement contained in all of the European Union (EU) Safety at Work Directives and the Irish National Legislation implementing those Directives.  So, also cross check the Level of Accessibility Performance required to comply with Safety at Work Legislation.  Compliance with Part M is not sufficient ! ]

     2.  European Union Ratification of the 2006 United Nations Convention on the Rights of Persons with Disabilities (CRPD)

For a sizeable group of vulnerable people in every EU Member State, the sole route of access to many, if not most, of the Human and Social Rights set down in the 1948 Universal Declaration of Human Rights (UDHR) is the UN Convention on the Rights of Persons with Disabilities (CRPD) … which became an International Legal Instrument on 3 May 2008, and was ratified by the European Union on 23 December 2010.  That is precisely why Accessibility is such a critical component of the 2006 UN Convention !

Articles 31 & 33 of the 2006 UN Convention on the Rights of Persons with Disabilities – together – mandate that Accessibility Implementation is taken seriously … that it is competent and effective … and, most importantly, that independent monitoring and verification is a fundamental part of the process.

Ireland has not yet ratified the UN CRPD.  And, as far as our National Authorities Having Jurisdiction (AHJ’s) are concerned … everything in the garden is beautiful … Ireland is doing just great and nothing much needs to be altered in our laws, administrative provisions or resourcing … to allow Ireland to ratify the Convention, and then properly implement it.  Nothing could be further from the truth !

In Order to Protect your Organization and its many interests … Your Policy and Decision Makers, in Ireland, should study the implications flowing directly from EU Ratification of the UN CRPD … and then, the various Articles of the UN Convention should be examined and properly implemented … insofar as those Articles are relevant to you and your organization’s activities.  See my earlier post, dated 5 February 2011.

To date … the quality of Accessibility Implementation in Irish Buildings has been dreadful !!   For important reasons … which all parties involved should fully understand … this situation is longer acceptable.

.

Colour photograph showing the front entrances to dwelling units in a New Inner City Housing Scheme in Dublin ... User Unfriendly ... Inaccessible for Many Vulnerable People in Our Society ... Dreadful Accessibility Implementation ! Photograph taken by CJ Walsh. 2003-09-13. Click to enlarge.
Colour photograph showing the front entrances to dwelling units in a New Inner City Housing Scheme in Dublin ... User Unfriendly ... Inaccessible for Many Vulnerable People in Our Society ... Dreadful Accessibility Implementation ! Photograph taken by CJ Walsh. 2003-09-13. Click to enlarge.

.

Disability Access Certificates (DAC’s) & Part M

The submission of sufficient, quality information, i.e. detailed design documentation, at Disability Access Certificate (DAC) Application Stage typically signals the following to an experienced technical controller …

  • The intent of the Applicant, and the Agent(s) acting on his/her/their behalf, with regard to properly and satisfactorily complying with the relevant building legislation, i.e. Part M: ‘Access for People with Disabilities’ of the Second Schedule to the Irish Building Regulations ;  and
  • In the absence of an inspection by the Building Control Authority (BCA) during actual construction … whether or not it is likely that the completed works will match the DAC certified design documentation with regard to Accessibility Performance.

From the beginning, it is necessary to distinguish between Access and Accessibility.

To be written in stone when International Standard ISO 21542 is soon published … the components of Building Accessibility comprise …

  • Approach to the building ;
  • Entry ;
  • Use of the building, its services and facilities ;
  • Egress from the building (during normal conditions) ;
  • Removal from the vicinity of the building (during normal conditions) ;

and

  • Evacuation from the building (during, for example, a fire emergency) ;
  • Safe Movement to a ‘place of safety’ (during, for example, a fire emergency), which is remote from the building.

This is also a useful guideline with regard to segregating those aspects of Accessibility Design which relate to Part M: ‘Access for People with Disabilities’ of the Second Schedule to the Irish Building Regulations, and which should be considered in any application for a Disability Access Certificate (DAC) … and those, after ‘and‘ … which relate to Part B: ‘Fire Safety’, and which should be considered in every application for a Fire Safety Certificate (FSC).

.

The 2000 Building Regulations (Amendment) Regulations … Statutory Instrument No. 179 of 2000 … elaborate the relevant Irish Building Legislation concerning building access, i.e. Part M: ‘Access for People with Disabilities’ of the Second Schedule to the Building Regulations …

“Access and Use

M1     Adequate provision shall be made to enable people with disabilities to safely and independently access and use a building.

Sanitary Conveniences

M2     If sanitary conveniences are provided in a building, adequate provision shall be made for people with disabilities.

Audience or Spectator Facilities

M3     If a building contains fixed seating for audience or spectators, adequate provision shall be made for people with disabilities.

Definition for This Part

M4     In this Part, ‘people with disabilities’ means people who have an impairment of hearing or sight or an impairment which limits their ability to walk, or which restricts them to a wheelchair.

Application of This Part

M5     Part M does not apply to works in connection with extensions to and the material alterations of existing dwellings, provided that such works do not create a new dwelling.”

My Note 1:  In order to safely and independently use a building … it is also necessary, under normal conditions, to use the egress routes of a building.

My Note 2:  The limited definition of ‘people with disabilities’ in Requirement M4 does not include, for example, a person without arms … or those people with a mental, cognitive or psychological impairment.

.

Technical Guidance Document M (2000, re-printed in 2005) provides guidance in relation to Part M: ‘Access for People with Disabilities’ of the Second Schedule to the Irish Building Regulations.  TGD M was issued by the Department of the Environment, under Article 7 of the 1997 Building Regulations … Statutory Instrument No. 497 of 1997 … which states …

” 7.     (1)  The Minister may publish, or arrange to have published on his behalf, documents to be known as ‘technical guidance documents’ for the purpose of providing guidance with respect to compliance with the requirements of any of the provisions of the Second Schedule.

          (2)  Subject to the provisions of sub-article (3), where works or a building to which these Regulations apply is or are designed and constructed in accordance with any guidance contained in a technical guidance document, this shall, prima facie, indicate compliance with the relevant requirements of these Regulations.

          (3)  The provisions of any guidance contained in a technical guidance document published under sub-article (1) concerning the use of a particular material, method of construction or specification, shall not be construed as prohibiting compliance with a requirement of these Regulations by the use of any other suitable material, method of construction or specification.”

My Note 3:  Since the introduction of national legal building legislation in the early 1990’s, the Irish Building Regulations have a Functional Format, as required by European Union (EU) Law.  In other words, satisfactory compliance with short functional statements is mandated by law … and provided the requirements of those short statements are properly shown to be complied with, it is entirely optional as to which materials, methods of construction, standards and other specifications (including technical specifications) are used.  In this way, the free movement of products and services within the EU is facilitated and encouraged while, at the same time, technical barriers to trade are avoided.

My Note 4:  For the convenience of readers, the short functional statements mandated by law are reproduced, in a shaded box, at the beginning of each of the Technical Guidance Documents.  The Guidance Texts in each Technical Guidance Document, however, are not Prescriptive Regulations.  These texts are merely an indicator of what is likely to be suitable for the purposes of compliance with the Regulations … they are, prima facie (i.e. on ‘first appearance’ only), an indication of compliance ;  they are not ‘deemed-to-satisfy’ the Requirements of Part M.

My Note 5:  Where gaps are identified in the guidance texts of Technical Guidance Document M … and in the absence of an Irish National Standard on Building Access or Accessibility … a suggested hierarchy of approach should be to source an appropriate European Standard (EN) or, if such a standard does not yet exist, then an appropriate International Standard (ISO), or then a National Standard of any country which is a contracting party to the Agreement on the European Economic Area (EEA) which provides in use an appropriate level of Access/Accessibility Performance (refer to Part D of the Second Schedule to the Building Regulations).  In the unlikely absence of any of the above, an appropriate Design Guidance Document – national or otherwise – should be referenced which provides in use an appropriate level of Access/Accessibility Performance.

.

Our Organization – Sustainable Design International – provides an independent (and confidential) Accessibility Monitoring and Verification Service.

.

.

END

Sustainable Development – International Law & Personal Ethics

Posted by CJ Walsh

At the level of the Individual … ‘sustainability’ urgently requires a revolution in professional and personal ethics.

However, at levels above or beyond the Individual … reference must be made to a common understanding of Sustainable Human & Social Development which has a foundation in a robust Framework of International Law.  It is this approach which continues to facilitate, at Sustainable Design International, our development of the theory of ‘sustainability’ … and its more effective application to frontline design practice.

Sustainable Human and Social Development:  Development which meets the responsible needs, i.e. the Human and Social Rights1, of this generation – without stealing the life and living resources from future generations, especially our children … their children … and the next five generations of children.

[1]  As defined, in International Law, by the 1948 Universal Declaration of Human Rights (UN OHCHR).

Inspired by the Culture of the North American Indigenous Peoples … this definition also incorporates the concept of ‘7 Generation Thinking’.

.

Sustainable Design2:  The ethical design response, in built or wrought form, to the concept of Sustainable Human and Social Development.

[2]  Includes Spatial Planning, Architectural/Engineering/Interior/Industrial Design and e-Design, etc.

.

Sustainable Design Solutions must be appropriate to local geography, climate and future climate change, economy, culture, social need and language(s)/dialect(s), etc.

Our Ultimate Goal, however, must be to achieve a dynamic and harmonious balance between a Sustainable Human Environment (including the social, built, virtual and economic environments …) and a flourishing, not just a surviving, Natural Environment … with the Overall Aim of achieving Social Wellbeing for All.

Please see previous Posts on this Technical Blog … www.cjwalsh.ie … for supporting definitions to the above text.

.

.

END

Sustainable Buildings – Design Agenda for the 21st Century ?

Posted by CJ Walsh

2009-05-06:  From the late 1980’s and the beginning of the 1990’s in European Union (EU) Research Programmes, it was noticeable that the more pressing early concerns about Energy-efficiency – logical after the oil crises of the 1970’s – were beginning to merge with those of Environment-friendliness, i.e. protection of the environment.  Even at that time, however, faint background references to Sustainability were becoming more common.

 

In 1995, therefore, Sustainable Design International developed and introduced the acronym ‘SEED’ … which stands for Sustainable, Environment-friendly, Energy-efficient Development … as a practical control, or check, on our own work output.

 

 

The next break-through came a few years later.  I briefly discussed the wide conceptual basis for our Corporate Design Philosophy in the post: ‘Sustainable Human & Social Development ?’, dated 2009-03-31.  This basis, while still continually evolving, is critical in terms of services provided, performance targets to be achieved, methods of working and relationships with client organizations, builders, craftsmen/women, manufacturers, etc.

 

This should explain the futility, in our humble view, of the ‘Green’ Agenda (as distinct from the ‘Sustainability’ Agenda) … and approaches based solely on Environmental Aspects of Sustainable Development.  They are a complete waste of time and resources.

 

 

Now in 2009, we remain fully convinced that Sustainable Design Solutions are appropriate to local geography, social need, climate, economy and culture … and are ‘person-centred’ and ‘reliability-based’.

 

Forget the images of mud housing and reading by candle light … the Future of our Built Environment is High-Tech, Smart … and Sustainable !   Let there be no doubt !!

 

 

 

Why not begin, so, by looking at a Simple Building Type … Sustainable Housing ?

 

With all of the current hype and fuss about German ‘Passiv’ Houses and Austrian High-Tech Timber Framed Construction … we have been in contact with a number of manufacturers in this region of Central Europe.  After many meetings and detailed discussions, we are disappointed … broken hearted !

 

Below follows our shopping list for the practical, commercial and affordable application, i.e. non-research, of Advanced Systems of Construction (small/medium/large scale projects – new-build and existing projects).

 

N.B.  Current Irish legal requirements and local authority technical control procedures are entirely inadequate.

 

Is anybody out there listening ???

 

 

 

To meet the urgency of Climate Change Adaptation and the challenge of Reliable Sustainability Implementation … a ‘SEED’ Building in Ireland must reach these performance targets:

 

–         be set in Sustainable Landscaping (where appropriate) with Life Cycle Sustainable Drainage … and exhibit a considered, harmonious relationship between the building’s ‘interior’ environment and the ‘exterior’ built and social environments ;

 

–         have a Minimum Building Life Cycle of 100 Years ;

 

–         be Smart/Intelligent, Electronically Mature and facilitate Remote Building Management ;

 

–         be properly shown to be Fit for Intended Use (in the Location of Use) … by CE Marking, using European Standards/Norms & European Technical Approvals (refer to Part D of the Irish Building Regulations and similar requirements in other European national building codes, European Union Safety at Work and Product Liability Legislation) ;

 

–         be Super Energy-Efficient, with negligible thermal bridging and accidental air seepage … and promote and encourage, by design, Energy Conservation ;

 

–         have a substantial component of Renewable Energy & Heat Technologies … sufficient to return a multiple of the building’s energy consumption to an Intelligent Regional or District Grid … and also incorporate Recycling, Rainwater Re-Use and Waste Management Technologies ;

 

–         offer a high level of Indoor Air Quality, including proper protection from Natural Radon ;

 

–         be Flexible and Adaptable with regard to internal layout, and Accessible for People with Activity Limitations (2001 WHO ICF) – in order to prolong Building Life Cycle and maximize Building Usability ;

 

–         contain, as standard and for reasons of safety, a Domestic Sprinkler System and a remotely monitored Fire Detection System … plus a Carbon Monoxide (CO) Detection System, with a detection unit in the vicinity of each fuel burning appliance ;

 

and

 

–         be Competently Built and Reliably Completed to project programme and cost estimate … with the building’s ‘Real’ Performance-in-Use capable of being tested, and continually monitored, over the complete building life cycle ;

 

and

 

–         be simple and straightforward for Building Users/Occupiers to operate.

 

 

 

Principal Areas of Inadequate Performance …

 

1.  Showing Fitness for Intended Use.  Although a Single European Market for the Construction Sector exists on paper (not yet in reality) … this requirement is not well understood by manufacturers … particularly in Germany and Austria, where outdated national approaches to building product/system approval still take precedence over anything at European level.

 

2.  Domestic Sprinkler Systems.  There is a high level of resistance, among most manufacturers, to the installation of these systems.  Not acceptable !!

 

3.  Accessibility of Buildings for People with Activity Limitations.  Not well understood by manufacturers and building organizations (at all levels).  Although there is a lot of legislation in Europe covering this particular issue … it is routinely disregarded and/or very poorly implemented.  In Germany and Austria, for example, the long outdated term ‘barrier-free design’ is still in common use.  Can you believe that ?

 

4.  Radon Protection of Buildings.  Not considered important in Germany and Austria … so manufacturers just don’t bother.

 

5.  Fabric Thermal Performance.  Where building systems are ‘adapted’ for use in Ireland, I have seen thermal performance, as originally designed in Germany/Austria, seriously compromised by the installation of meter boxes and permanent ventilation openings in external walls.  Just the tip of the iceberg !

 

.

 

.

 

END

Enhanced by Zemanta

An Open Letter to President Barack Obama – Questions !?!

Posted by CJ Walsh

2009-02-14 …

 

Dear Barack,

 

Please allow me to extend a warm welcome to you onto the International Stage … and an even warmer welcome for the United States of America back into the International Fold of Nations.

 

The last 8 Years have been a nightmare for concerned observers outside your country.  I should immediately add that a large branch of my extended family has been living in New York City and State since the mid-1950s.  And that you are now affectionately known in Ireland, because some of your roots are based here, as President O’Bama !

 

Being a pragmatic person, however, you will want me to come quickly to the point … and be direct.

 

You will shortly be signing into law a 787.2 Billion Dollar Economic Stimulus Package of spending increases and tax relief, which is intended to encourage an economic recovery in your country and to create jobs.  It is surprising that you have permitted significant funds earmarked for school construction, and for colleges and universities, to be removed from the Package during the ‘Compromise’ Negotiations.  Funding to provide health insurance for the unemployed has been sharply reduced, while funds for the ‘Greening’ (?) of Federal Buildings have also been scaled back.

 

The political imperative of successfully steering this Stimulus Package through Congress, at this time, is understood … but the final shape of the Package does not augur well for the future of your Presidency.

 

 

Taken together with the outcome from another recent event in my country, Ireland … and my surprise is turning to worry …

 

In Dublin, towards the end of January 2009, I attended a Round Table Discussion with a key individual who works in the US Department of Energy’s Office of Energy Efficiency & Renewable Energy (EERE) – Federal Energy Management Program (FEMP).

 

Having posed 2 Questions after his presentation with regard to US Federal Policy on the ‘Green’ (i.e. environmental & energy) Performance of Federal Buildings, I discovered the following …

 

–         The individual concerned was completely unaware that there is a considerable difference between the ‘Green’ Agenda, i.e. a limitation of considerations to environmental aspects of Sustainable Human & Social Development alone (an outdated concept belonging more properly to the 1990s) … and the ‘Sustainability’ Agenda, which is far broader in scope and absolutely essential if we are to meet the great challenges being posed since the beginning of this 21st Century … for example, the World Trade Center Incident (9-11) in New York ;

 

–         There would appear to be no independent technical controls monitoring the ‘real’ environmental and energy performance in US Federal Buildings, no penalties for failure to meet performance targets, no horizontal integration between Federal Institutions dealing with procurement and building/system/product operation, and a systemic lack of proper accountability.

 

 

If it is your wish that the USA takes up a position of global leadership on some or all of the above issues, we – at Sustainable Design International – would like some information and assurances concerning the following matters …

 

–         When will you, and your Administration, begin to properly appreciate the considerable difference between a ‘Green’ Agenda and a ‘Sustainability’ Agenda … and the significant Institutional Re-Engineering required to implement US Federal, State and City Policies geared towards Sustainable Human & Social Development ?   How would you then intend to dramatically raise awareness … and mobilize all of the people in your country for action … at Federal, State and City Levels ?

 

–         If your Administration enters into negotiations on an International Kyoto II (post 2012) Agreement under the United Nations Framework Convention on Climate Change (UNFCCC) … will US National Performance be open and transparent … and be seen to be ‘reliable’ by other countries, particularly Brazil, Russia, India, China and South Africa ?

 

–         When, precisely, will the US Senate ratify the United Nations Convention on the Rights of Persons with Disabilities, with its Optional Protocol ?   When will you arrange to fund the implementation of this Convention, with its Optional Protocol … and then arrange that a coherent and comprehensive programme of implementation, which must have a short timescale, be initiated ?   How long will that implementation timescale be ?

 

 

Effective International Law and Lasting Peace are 2 Prerequisite Essential Requirements for Sustainable Human & Social Development.  In order to free up current ‘process’ log-jams and bring lasting peace to the regions of the Caribbean and the Middle East … it is you who must make the first substantive moves …

 

–         When will you arrange for the immediate cessation of all aggressive and hostile activities against one of your close neighbours – the small island of Cuba – and a complete end to the economic, social & political choke-hold on its small population ?   When will your Administration finally arrange for the termination of the illegal occupation of Guantánamo Bay – an international act of piracy facilitated by the 1901 Platt Amendment ?   When will you finally ‘curtail’ the rabid behaviour of some of the more fanatical Cuban Exile Elements in Florida … and release the Miami 5 ?

 

–         When will you, and your Administration, bring your considerable authority and power to bear on the Criminal State of Israel … and force it to comply with International Law and Universal Human & Social Rights ?

 

 

We patiently await your considered response.

 

Many thanks for your attention.

 

 

Signed:  C. J. Walsh, Managing Director, Sustainable Design International Ltd. – Ireland, Italy & Turkey.

 

.

 

.

 

Postscript 2012-01-16:

Dear Barack … Apologies are Meaningless … and who these Individual Soldiers are is not important.  This recent image from Afghanistan betrays an in-grained national mindset !

The Guantánamo Bay Detention Centre, in illegally occupied Cuba, is still operating … the Criminal Blockade of this small Caribbean Island continues with full bullying force … and The Miami 5 are still rotting in U.S. Jails, with access for family members made particularly difficult, if not impossible.

Your Administration is still aggressively frustrating the widespread International Consensus on Climate Change … Your Offspring, the Apartheid State of Israel has now replaced South Africa as the No.1 Maverick Rogue in the International Community … etc., etc., etc.

The United States of America continues to urinate on International Law !!

.

.

 

.

 

END

Enhanced by Zemanta