FIRE SAFETY AND THE NATIONAL DISABILITY INSURANCE SCHEME

Transcription

1 FIRE SAFETY AND THE NATIONAL DISABILITY INSURANCE SCHEME Hank Van Ravenstein and Dr Ian Bennetts

2 OVERVIEW OF PRESENTATION Regulatory Framework What is the NDIS? Rationale Duty of Care Capital Development Guidelines Key Issue Technical Considerations Conclusions

3 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

4 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

5 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

6 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

7 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

8 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

9 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

10 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?

11 OVERVIEW OF PRESENTATION Regulatory Framework Technical Considerations Fire tests Statistics Coronial findings Key Hazards and Risk Factors Possible solution Conclusions

12 UK RESIDENTIAL FIRE TESTS TWO STOREY Sprinklered and non-sprinklered tests Residential sprinkler heads Doors open and closed

13 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: 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

14 RESIDENTIAL FIRE TESTS SINGLE STOREY 29 tests kitchen, bedroom, lounge tests Interior doors open and closed Sprinklered and non-sprinklered tests

15 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

16 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

17 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.

18 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

19 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

20 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).

21 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

22 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

23 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