FIRE SAFETY AND THE NATIONAL DISABILITY INSURANCE … · • Possible that up to two residents plus...
Transcript of FIRE SAFETY AND THE NATIONAL DISABILITY INSURANCE … · • Possible that up to two residents plus...
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FIRE SAFETY AND THE NATIONAL DISABILITY INSURANCE SCHEME
Hank Van Ravenstein and Dr Ian Bennetts
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OVERVIEW OF PRESENTATION
Regulatory Framework• What is the NDIS?• Rationale• Duty of Care• Capital Development Guidelines• Key IssueTechnical ConsiderationsConclusions
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WHAT IS THE NDIS?
• National program for delivering services and support for people with permanent and significant disability in Australia
• Administered by the National Disability Insurance Agency• Approved clients provided with funding for both care and
accommodation• Registered provider that delivers a support or a product• State and Territory governments develop a national approach to
quality and safeguards• Costs around 22 billion dollars per year
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RATIONALE
• National Disability Insurance Scheme is outlined in the NDIS Act 2013• NDIA is a public sector body, the strategy has been influenced by two
theoretical frameworks
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RATIONALE
• National Disability Insurance Scheme is outlined in the NDIS Act 2013• NDIA is a public sector body, the strategy has been influenced by two
theoretical frameworks• Strategic Triangle
• Authorising Environment
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RATIONALE
• National Disability Insurance Scheme is outlined in the NDIS Act 2013• NDIA is a public sector body, the strategy has been influenced by two
theoretical frameworks• Strategic Triangle
• Authorising Environment• Operational Capacity
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RATIONALE
• National Disability Insurance Scheme is outlined in the NDIS Act 2013• NDIA is a public sector body, the strategy has been influenced by two
theoretical frameworks• Strategic Triangle
• Authorising Environment• Operational Capacity• Value Created
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RATIONALE
• National Disability Insurance Scheme is outlined in the NDIS Act 2013• NDIA is a public sector body, the strategy has been influenced by two
theoretical frameworks• Strategic Triangle
• Authorising Environment• Operational Capacity• Value Created
• Public Value• the value created by Government through services, laws, regulations and
other actions
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DUTY OF CARE
• Control of vulnerable persons with a disability in accommodation• duty of care arises by reason of the relationship of dependency• standard is one of reasonable care• calculated objectively according to what a reasonable person would do in
the particular circumstances.• Service Provider owes a duty of care, if it should reasonably have been
foreseen that its conduct could cause the injury [Donoghue]• non-delegable duty of care is likely to be applicable
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KEY ISSUE
Under NDIS Class 1a (and Class 1b and Class 3) buildings will be used for disabled accommodation• Capital Development Guidelines require sprinkler protection• Under what circumstances, might sprinkler protection not be
required?
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OVERVIEW OF PRESENTATION
Regulatory FrameworkTechnical Considerations• Fire tests• Statistics• Coronial findings• Key Hazards and Risk Factors• Possible solutionConclusions
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UK RESIDENTIAL FIRE TESTS – TWO STOREY
• Sprinklered and non-sprinklered tests• Residential sprinkler heads• Doors open and closed
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UK RESIDENTIAL FIRE TESTS – TWO STOREY
• Fire ignition – candle next to TV• Door to upstairs bedroom 50% open• Findings – Room of Fire Origin (RFO)
• Detector activation: 155 – 270 seconds• Untenable conditions (unsprinklered) • Untenable conditions (sprinklered) – only
when lounge door closed (tenable for longer) • Findings – Upstairs bedroom
• Untenable conditions not achieved• More tenable with sprinklers
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RESIDENTIAL FIRE TESTS – SINGLE STOREY
• 29 tests – kitchen, bedroom, lounge tests• Interior doors open and closed• Sprinklered and non-sprinklered tests
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RESIDENTIAL FIRE TESTS – SINGLE STOREY
• Findings – Room of Fire Origin (RFO)• Unsprinklered fires – untenable conditions achieved• Sprinklered fires – more tenable conditions than unsprinklered but
untenable conditions can still be achieved, particularly if door closed• Findings - Adjacent Rooms
• If door to RFO closed – untenable conditions not achieved• If door to RFO open – untenable conditions achieved if no sprinklers but
not if sprinklers• See paper for detailed findings
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RESIDENTIAL FIRE TESTS – SINGLE STOREY
• Findings - RFO• Unsprinklered fires – untenable conditions achieved• Sprinklered fires – more tenable conditions than unsprinklered but
untenable conditions can still be achieved, particularly if door closed• Findings - Adjacent Rooms
• If door to RFO closed – untenable conditions not achieved• If door to RFO open – untenable conditions achieved if no sprinklers but
not if sprinklers• See paper for detailed findings
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STATISTICAL FINDINGS (FEMA)
• Residential fatality rate (USA) – approx. 8 deaths per 1000 fires (RFR)• Note: intentional + smoking + arson + playing hs + careless = approx. 4.5
deaths/1000 fires• Effect of Physical and Mental Disabilities?
• limited data• no information regarding effect of Carer • If physical disability contributed to fire start, fatality rate is approx. 40
times RFR• If mental disability contributed to fire state, fatality rate is approx. 5 times
RFR.
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INVESTIGATION OF CORONIAL RECORDS
• “risk factors” • Living alone• Aged (> 70 years)• Psychotropic and sedative drugs (PSD) and/or alcohol• Mental or physical disability or history of mental illness
• Causes of fires • Smoking (most fatalities in lounge or bedroom)• Use of portable heaters
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KEY HAZARDS AND RISK FACTORS –DISABLED RESIDENTS
• Key hazards with respect to fire ignition• Smoking• Portable heaters• Deliberate fire lighting (some forms of mental illness)• Cooking (generally not significant)
• Risk Factors for fire survival• Mental disability – may impair cognitive ability and ability to evacuate• Physical disability – may impair ability to evacuate• PSD – may reduce ability to hear and respond to alarm• Smoking and falling asleep
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POSSIBLE SOLUTION – CLASS 1 BUILDINGS – TYPE 1 RESIDENTS?
• If, high-functioning residents can be demonstrated as being Type 1 (i.e. able to respond to an alarm and evacuate in a timely manner) and:
• Absence of fire lighting behaviour• Absence of indoor smoking
• then CDG 7.8 is applicable• No sprinkler protection but a range of other measures (interconnected
smoke alarms, two exits, absence of portable heaters, etc).
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POSSIBLE SOLUTION – CLASS 1 BUILDINGS – TYPE 2 – 5 RESIDENTS?
• CDG 7.7 is applicable which also requires sprinkler protection• Possible that up to two residents plus a 24-hour Carer could be in
unsprinklered building if:• Carer can demonstrate ability to evacuate both residents within a limiting
time (e.g. 120 seconds)• All other measures required by CDG 7.7 are met• Absence of fire lighting behaviour• Absence of indoor smoking
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CONCLUSIONS
• Rollout of NDIS presents challenges with respect to fire safety• Sprinkler protection “buys” time and minimises potential exposure
of disabled persons to untenable conditions. • Cost of retrofitting sprinklers to existing buildings is significant and
reduces funding available for other NDIS services• Two situations have been identified where sprinkler protection may
not be required, subject to other fire-safety measures:• Class 1 with high-functioning Type 1 residents• Class 1 with up to 2 other residents with Carer
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CONCLUSIONS
• Rollout of NDIS presents challenges with respect to fire safety• Sprinkler protection “buys” time and minimises potential exposure
of disabled persons to untenable conditions. • Cost of retrofitting sprinklers to existing buildings is significant and
reduces funding available for other NDIS services• Two situations have been identified where sprinkler protection may
not be required, subject to other fire-safety measures:• Class 1 with high-functioning Type 1 residents• Class 1 with up to 2 other residents with Carer