1. Fire Safety In Multi-Storey Buildings, Apartments & Flat Complexes
22nd November 2017

2. Introduction Kevin Hollingsworth BSc (Hons) MSCSI MRICS Cert CII
Chartered Building Surveyor/Chartered Project Management Surveyor
Director of Omega Surveying Services
Currently 4 Surveyors and 1 support staff
Former Chairman of the Building Surveying Professional Group
Current Chairman of the Communications Standing Committee
Of the SCSI – Society of Chartered Surveyors of Ireland

3. Introduction What I am not/not had: Fire Consultant
Building Control Officer
Any involvement in Grenfell Tower
Any involvement in Priory Hall

4. Introduction What I am/have done
Chartered Building Surveyor/Chartered Project Management Surveyor
20 Years experience fixing defective buildings / apartment blocks
10 years in UK regulatory environment
10 year in Irish regulatory environment

5. Grenfell Tower Constructed in 1974
127 Apartments, 24 Storeys, (20 Residential & 4 Mixed Community)
£8.6m refurbishment completed in 2016
Fire Started in early hours of 14th June 2017
71 people confirmed to have died

8. Grenfell Tower What type of cladding was used:
Polyethylene (PE) cored Aluminium Composite Material (ACM), sometimes also referred to as an Aluminium Composite Panel (ACP).
Polyethylene, a combustible thermoplastic, is included to provide strength and rigidity to the ACM, and is not designed for, nor does it offer any insulation properties. This is not an insulated panel

9. Why did it have such catastrophic consequences

10. Grenfell Tower

11. Grenfell Tower
The fire started in a fridge freezer Cladding create cavities which in some cases can cause a chimney effect, drawing flames up the cavity if there are no fire barriers. The Department for Communities and Local Government (DCLG) state that composite aluminium panels with a polyethylene core should not be used as cladding on buildings over 18m high. Grenfell Tower is 67m

12. Grenfell Tower
Product literature on panels believed to have been used on Grenfell describe how PE core panels are suitable up to 10 meters in height.
Panels with a fire resistant core can be used up to 30 meters, while above that height, panels with the non-combustible core should be used.
The literature states:
“As soon as the building is higher than the firefighters’ ladders, it has to be conceived with an incombustible material,”

14. Grenfell Tower

15. Grenfell Tower – Stay Put Policy

16. Grenfell Tower – Fire Fighting
Crews cited low water pressure, radio problems and equipment that was either lacking or did not arrive before the fire on 14 June got out of control.
A high ladder did not arrive for more than 30 minutes
Since Grenfell Tower a London Fire Brigade (LFB) spokesman confirmed the so-called "pre-determined attendance" for a tower fire - the list of appliances which are automatically dispatched - has been changed from four engines to five engines plus an aerial.
"It is important to understand that fires in high rise buildings are nearly always dealt with internally, not usually needing an aerial appliance …………the fundamental issue of high rise safety remains that buildings are maintained to stop fires spreading.“

17. Coolmoyne House, Belfast - 15/11/17

18. Coolmoyne House, Belfast - 15/11/17
Fire from Toaster
Fire on 9th Floor of 14
No communal fire alarm
Original Concrete Cladding

19. Coolmoyne House, Belfast - 15/11/17
NI Fire and Rescue Service Group Commander Geoff Somerville:
“the fire alarm system had operated as designed, with the alarms inside the man's flat sounding, and a soundless alarm system in the communal area to open air vents also activating. ….. Smoke alarms in other flats should only have sounded if they detected smoke”
"We had four members of staff in breathing apparatus enter the building to extinguish the fire, and it was successfully extinguished…… No cladding was affected, and the fire was confined to the flat of origin”
"These types of buildings are not required to have a communal alarm. Smoke detectors in the flat did work and alerted the gentleman. The fire alarm system worked as expected”

20. Coolmoyne House, Belfast - 15/11/17

21. Coolmoyne House, Belfast - 15/11/17

22. Grenfell Tower - Inquiry
1. To examine the circumstances surrounding the fire at Grenfell Tower on 14 June 2017, including:
(a) the immediate cause or causes of the fire and the means by which it spread to the whole of the building;
(b) the design and construction of the building and the decisions relating to its modification, refurbishment and management;
(c) the scope and adequacy of building regulations, fire regulations and other legislation, guidance and industry practice relating to the design, construction, equipping and management of high-rise residential buildings;
(d) whether such regulations, legislation, guidance and industry practice were complied with in the case of Grenfell Tower and the fire safety measures adopted in relation to it;
(e) the arrangements made by the local authority or other responsible bodies for receiving and acting upon information either obtained from local residents or available from other sources (including information derived from fires in other buildings) relating to the risk of fire at Grenfell Tower, and the action taken in response to such information;
(f) the fire prevention and fire safety measures in place at Grenfell Tower on 14 June 2017;
(g) the response of the London Fire Brigade to the fire; and
(h) the response of central and local government in the days immediately following the fire;
and
2. To report its findings to the Prime Minister as soon as possible and to make recommendations

23. Grenfell Tower – Irish Comparison
No similar existing high rise apartment block
New Buildings:
Manual fire alarm is acceptable in apartment blocks (If the fire safety strategy risk assessment allows this option)
All buildings above 10 meters must have more than one staircase (Section of TGD-B)
Sprinkler System is only required in apartment blocks:
If phased evacuation is to be implemented in the building as a strategy for means of escape which can reduce the width of stairs for means of escape and if the top floor is above 30m then sprinklers are to be introduced
In terms of space separation calculations the distance to the boundary/notional boundary can be doubled when sprinklers are introduced into a building

24. Grenfell Tower – Irish Comparison
Minimum Fire Alarm requirement under current building regulations guidance is for a Type M system
IS3218: 2013: Fire detection and alarm systems for buildings – system design, installation, servicing and maintenance states that an automatic Category L3X system reflects current “best fire safety practice” and the conventional interpretation of fire safety legislation.
Type L3X: Automatic Fire system only installed for the protection of escape routes with heat detector in the apartment hallway

25. Grenfell Tower – Irish Comparison
The Fire Services Act sets out obligations on owners of buildings in relation to fire safety once the building becomes occupied, and is an ongoing requirement. Section 18 of the Act sets out a ‘general duty of care’ on those ‘having control over the premises’. In practical terms, this responsibility rests with the owners and the owners’ management company. This requirement is stated as: It shall be the duty of every person having control over premises to which this section applies to take all reasonable measures to guard against the outbreak of fire on such premises, and to ensure as far as is reasonably practicable the safety of persons on the premises in the event of an outbreak of fire”.

26. Grenfell Tower – Irish Comparison
The second requirement of relevance, set out in Section 19 of the Act, defines a building as “potentially dangerous” if it has no provision, or inadequate provision, in respect of fire protective measures in the building. The criteria by which a building can be defined as “potentially dangerous” include “the absence of any or any adequate appliances or fittings …..for the automatic detection of an outbreak of fire,…for giving warning to persons in case of fire”.

27. Priory Hall 189 Apartment Complex Constructed in 2007
Beset by building defects from the outset
Dublin City Council removed its tenants in 2009
All remaining occupants (256 people) evacuated by court order on 17th October 2011

28. Priory Hall

29. Priory Hall – Legal Summary
Dublin City Council removed its tenants in 2009
Scope of Works to repair defects agreed with Developer in 2009
All remaining occupants evacuated by court order on 17th October 2011 (Judge ordered DFB fire appliance on site in case a fire broke out during the evacuation)
Court Monitoring Repair works up to 4th November 2011
7th November 2001 – McFeely Order off site for not doing repair works
McFeely stated he couldn’t afford the €7.3million bill for others to repair
18th November 2001 – McFeely “Jailed for 3 Months and Fined €1m” for contempt of court for not complying with orders to fixed problems (Overturned in Supreme Court as he had until 28th November to fix problems and could not comply as he had been ordered off site)

30. Priory Hall - Original

31. Priory Hall - Now

32. Priory Hall - Now

33. Priory Hall – Cavity Barriers

34. Priory Hall – Cavity Barriers

35. Priory Hall – Cavity Barriers

36. Priory Hall – Cavity Barriers

37. Priory Hall – Cavity Barriers

38. Priory Hall Could this happen in other developments
The defects experienced: YES
The evacuation: UNKNOWN

39. Floor Slab Junction Noted to be open in two apartments

40. Services Entry

41. Penetrations through the walls – Floors/Ceilings

42. Protected Corridor – Time to Escape (30mins)

43. Protected Corridor Wall

44. Breaches in Floors

45. Breaches in Floors

46. Breaches in Floors

47. Separation of Duplex

48. Separate of Duplex

49. Other Issues – Ground Water

50. Other Issues – Balcony Issues

51. Does High Rise Mean High Risk for Occupants and Fire Fighters?
If designed and constructed properly High Rise should not mean High Risk
Compliant and maintained fire alarm and emergency lighting systems
Complaint and maintained dry risers
Compartmentation
Multiple escape routes
Compliant and maintained Suppression systems (if applicable)

52. Building Control

53. Local Authorities – Building Control Inspections
Prior to 1992 there were no national regulations, although building bye-laws had been in force in parts of the country.
This function was previously in place via “Bye Laws” a small number of metropolitan areas such as Dublin & Cork.
Building Bye-Law Approval had to be made for every construction project prior to any construction commencing.  And, ‘every’ project was inspected at the foundation and drainage stages of construction. The more complex projects were inspected as they progressed further.

54. Local Authorities – Building Control Inspections
It was the 1981 Stardust disaster which gave impetus to the development of the building regulations.
In this tragedy, 48 people lost their lives in a fire which swept through a nightclub on the morning of the 14th February. While a definitive cause for the blaze has never been established, one of the principal reasons for the loss of the life was obstructions to many of the fire escape exits.
This led to the introduction of the Fire Services Act 1981, which established fire authorities in each Council area and, under section 22 of the Act, gave them powers of entry and inspection of most buildings, except for private dwellings, in the interest of public safety.

55. Historical System: 1990 - 2013 Below is worst case scenario:
Architect designs the building
Architect submits the planning application, fire safety certificate & Disability Access Certificate if applicable
Architect discharged
Developer constructs the building
Architect re-engaged at completion to give certificate of compliance with building regulations based on visual inspection only.

56. Fire Safety Certificate

57. Historical System:
Local Authority Building Control Authority have a statutory mandate to inspect 12 – 15% of buildings
Dublin, Galway & Cork had larger building control departments
Some local authorities did not have a full time building control officer

58. Historical System:
Local Authority Building Control Authority have a statutory mandate to inspect 12 – 15% of buildings
Dublin, Galway & Cork had larger building control departments
Some local authorities did not have a full time building control officer

59. Building Control
Chester Bowles concluded from his experience with the U.S. Office of Price Administration during World War II that 20% of all firms would comply unconditionally with any government rule, 5% would attempt to evade it and the remaining 75% are also likely to comply, but only if the enforcement threat to the dishonest 5% is credible.

60. BCAR

61. Building Control: Duties
Receive, validate, register and process the various applications (FSC, DAC, Commencement Notices
Undertake a risk analysis of Commencement Notices, and 7 Day Notices submitted in order to inform its own inspection arrangements;
Assist the Assigned Certifier, in relation to issues of compliance relating to disputes by parties to the construction project, where the Building Control Authority deems such assistance necessary
Receive, validate and register Certificates of Compliance on Completion.
Maintain the statutory public register of Building Control decisions and activity

62. Building Control: Risk Analysis
Building Control Authorities should establish procedures so that assessments of all projects are carried out in a transparent and consistent manner. Factors that would be taken into account when carrying out a risk assessment include: (a) Type and use of building; (b) Location of the development (c) Form of construction and expertise of the Builder; (d) How complicated or relatively straightforward the method of construction is; (e) Whether recent experience indicates current problems in interpreting and/or achieving compliance with certain requirements; (f) How serious the consequences of a particular Part A-M contravention might be; and (g) The impracticability or impossibility of subsequent inspection of closed up work. (h) Proximity to Building Control Authority offices (i) Developments which avail of the exemptions as set out in Building Control Amendment (No 2) Regulations of 2015, S.I. 365 of 2015

63. Building Control Responsibility
Framework for Building Control Authorities:
It is important to note that where a certificate of compliance on completion or a commencement notice is submitted to a Building Control Authority, Section 6(4) of the Act clearly asserts that the authority is not under any duty to ensure that the relevant works or building complies with the building regulations, is free from defect or that the certificate of compliance is true and accurate.

64. Building Control: Development
Framework for Building Control Authorities:
We will ensure effective implementation of Building Control (Amendment) Regulations 2013, and introduce a wider package of building control reforms to accompany the new regulations to ensure stronger consumer protection.”-timeline ongoing.
In line with the agreed Performance Indicators for Local Government, Building Control Authorities are required to carry out a level of inspection equivalent to 12% to 15% of new buildings for which valid commencement notices have been received.

65. Building Control – UK Full Plans Submission:
Submit Building Control Application including all design information (Structural calcs, FSC info, DAC info EVERYTHING)
Local Authority/Approved inspector review and provides Building Regulations approval
Works commences on site
Building Control Officer or Approved inspector visits site at critical times to inspect
At completion Local Authority provide Completion Certificate confirming compliance with Building Regulations

66. Building Control – UK
R (Gresty and another) v Knowsley Metropolitan Borough Council" [2012]. Made a claim against the council alleging that their inspector had failed to perform his building control functions properly by not identifying the defects. The council denied liability on the basis that they had no contract with the owners of the property and had no duty of care to the owners when carrying out their building control function. The owners tried to argue that the European Convention on Human Rights imposed a duty on the council to protect their home and ensure that the work was not defective. However, this argument was rejected by the court who said that there was not duty on the council. Regardless of the above there is a general culture of compliance with Building Regulations in the UK

67. BCAR – Pros & Cons Pros Submission of documents (FOI request)
Certificate of design
Assigned certifier to inspect Certificate of Compliance from Assigned Certifier (Must have PI) and Builder
Cons
Assigned Certifier are Architects/Building Surveyors/Engineers and not building control officers
Assigned Certifier is paid by the developer
Assigned Certifier can be a direct employee of the developer
High cost for individuals

68. Local Authorities – Building Control Inspections
What resources are needed?
We do not have the resources to move to a “full plans submission” and it would take too long to train and resource this function.
It is my opinion that the should be a statutory function for building control departments to inspect 100% of buildings
(Major recruitment would be needed for this. DCC have undertaken significant increases in their staff recently)

69. Local Authorities – Building Control Inspections
Joint Committee on Housing, Planning, Community and the Local Government Review of Building Regulations, Building Controls and Consumer Protection in April of this year: Possible solutions discussed: National Building Control Authority Approved and regulated Assigned Certifiers Increased statutory inspections by Building Control Authorities No output as yet from the above

70. Consumer Protection
Construction 2020: ‘to consider and report on potential forms of redress for consumers and homeowners, including the potential for latent defects insurance’

71. Consumer Protection
Construction 2020: ‘to consider and report on potential forms of redress for consumers and homeowners, including the potential for latent defects insurance’

72. Latent Defects

73. Latent Defects Inspections
Establish a mechanism whereby a study of high risk multi-unit residential buildings built during the ‘Celtic Tiger’ era are considered in relation to serious immediate building defects impacting on safety health and well-being of it’s occupants
Emergency Fund
Serious consideration should be given to setting up an emergency fund to deal with the most urgent of issues such as:
Notification of fire to occupants
The risk of fire spread from apartment to apartment
The risk of fire spread from common area to apartment
Mitigation of future defects in this area
Establish the CIRI register of competent contractors on a statutory footing to protect consumers in the future against recurring defects of this kind.
Long Term Loan facility
SCSI proposes that government consider setting up a loan facility over a relatively long term for building owners in relation to building defects that would be outside the scope of any emergency scheme and where there is a current funding shortfall.

74. The Elephant in the Room

75. My inspirations

76. The Elephant in the Room
The state of men’s health is in crisis. Men experience worse longer-term health than women and die on average six years earlier.
Prostate cancer rates will double in the next 15 years.
Testicular cancer rates have already doubled in the last 50.
Three quarters of suicides are men.

77. The Elephant in the Room

78. Thank you
Q&A