Staying Safe: Disability, Fire and the Law

1. C S T A Staying Safe: Disability, Fire and the Law Colin Todd, Managing Director C. S. Todd & Associates Ltd C.S. TODD & ASSOCIATES LTD

2. C S T A Fire Risk in Hotels • Fires in UK hotels 2002 - 2008 C.S. TODD & ASSOCIATES LTD

3. C S T A Fire Risk in Hotels • Fires in UK hotel bedrooms 2002 - 2008 C.S. TODD & ASSOCIATES LTD

4. C S T A Fire Risk in Hotels • UK hotel bedroom fires that spread beyond room 2002 - 2008 C.S. TODD & ASSOCIATES LTD

5. C S T A Interfacing Legislative Regimes Fire Safety Legislation Building Regulations Equality Act C.S. TODD & ASSOCIATES LTD

6. C S T A Building Regulations • England and Wales • Building Regulations 2010 supported by AD B • Scotland • Building (Scotland) Regulations 2004 (as amended) supported by the Tech Handbooks • Northern Ireland • Building Regulations (Northern Ireland) 2000 supported by TB E C.S. TODD & ASSOCIATES LTD

7. C S T A Interfacing Legislative Regimes Fire Safety Legislation Building Regulations Equality Act C.S. TODD & ASSOCIATES LTD

8. C S T A Fire Safety Legislation • England and Wales • Regulatory Reform (Fire Safety) Order 2005 • Scotland • Fire (Scotland) Act 2005 • Fire Safety (Scotland) Regulations 2006 • Northern Ireland • Fire and Rescue Services (Northern Ireland) Order 2006 • Fire Safety Regulations (Northern Ireland) 2010 C.S. TODD & ASSOCIATES LTD

9. C S T A Interfacing Legislative Regimes Fire Safety Legislation Building Regulations Equality Act C.S. TODD & ASSOCIATES LTD

10. C S T A Equality Act 2010 • Applies in Great Britain • Does not override other legislation • Reasonable adjustments for substantial disadvantage due to disability • Direct discrimination cannot be justified • Indirect discrimination justified subject to proportionate means of achieving legitimate aim • Breach affords right of action in civil law C.S. TODD & ASSOCIATES LTD

11. C S T A Disability • Defined by later speaker • In a hotel, need to consider: • Mobility impairment • Deaf and hard of hearing people • Blind and partially sighted people • People with cognitive impairment C.S. TODD & ASSOCIATES LTD

12. C S T A Requirements for Access and Amenity • Part M of Building Regulations 2010 Reasonable provision for people to gain access and to use the building and its facilities • Same requirement for disabled people in Part R of the Building Regulations (Northern Ireland) 2000 • Functional Standard 4.2 in Scotland Safe, unassisted and convenient means of access throughout the building plus accessible bedrooms C.S. TODD & ASSOCIATES LTD

13. C S T A Key Points of Interpretation of Building Regulations • Access for mobility impaired and blind and partially sighted people • Proportion of hotel bedrooms accessible for wheelchair users • Visual fire alarm devices in bedrooms and toilets (less specific in Scotland) C.S. TODD & ASSOCIATES LTD

14. C S T A Fire Safety Legislation • Where necessary, in the event of danger, it must be possible for persons to evacuate the premises as quickly and as safely as possible • Where necessary, the premises must be, to the extent that it is appropriate, equipped with appropriate fire detectors and alarms • An offence is committed only if a breach puts relevant persons at risk of death or serious injury in case of fire C.S. TODD & ASSOCIATES LTD

15. C S T A Potential Conflicts • Access versus egress • Amenity versus safety • Staff evacuation versus staff assistance for disabled people • Affordable accommodation versus adequate assistance for evacuation • Space utilization versus provision of refuges • Provision of refuges versus unobstructed escape routes • Alarm audibility versus refuge communication • Fire doors! C.S. TODD & ASSOCIATES LTD

16. C S T A Misconceptions and Misunderstandings • The fire and rescue service evacuate disabled people • Evacuation lifts should be used by disabled people without staff supervision or control • One staircase or evacuation lift is always sufficient • Disabled evacuation is about hardware and physical measures • Use of stock solutions, not tailor-made to building C.S. TODD & ASSOCIATES LTD

17. C S T A Two Main Issues • Evacuation of disabled people from upper floors • Warning of deaf and hard of hearing people C.S. TODD & ASSOCIATES LTD

18. C S T A Evacuation Problems • Provision of refuges (TWS) • How many refuges • Communication with disabled people in refuges • Availability of staff • Single manning at night • Unstaffed buildings • External paths • Logistics and training in use of equipment • Separation of family groups C.S. TODD & ASSOCIATES LTD

19. C S T A Warning Problems • Visibility of visual alarm devices (VADs) • No code for location and siting of VADs • Are vibrating devices necessary? C.S. TODD & ASSOCIATES LTD

20. C S T A Philosophy EQUIVALENCE: • The basis of all solutions • Leads inexorably to correct answers • Think it! Commit to it! C.S. TODD & ASSOCIATES LTD

21. C S T A Menu of Solutions (Management) • Management commitment • Identification of special needs • Sufficient staff with proper training • Instructions to guests C.S. TODD & ASSOCIATES LTD

22. C S T A Menu of Solutions (Physical Measures) • Siting of disabled rooms • Early warning (smoke detectors in disabled bedrooms) • Protection of corridors • Refuges (? bedrooms) • Communication within refuges (BS 5839-9) • Evacuation lifts C.S. TODD & ASSOCIATES LTD

23. C S T A Final Thought “The only disability in life is a bad attitude” Scott Hamilton C.S. TODD & ASSOCIATES LTD