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


OVERVIEW OF PRESENTATION

Regulatory Framework• What is the NDIS?• Rationale• Duty of Care• Capital Development Guidelines• Key IssueTechnical ConsiderationsConclusions


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


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


RATIONALE


theoretical frameworks• Strategic Triangle

• Authorising Environment


RATIONALE



• Authorising Environment• Operational Capacity


RATIONALE



• Authorising Environment• Operational Capacity• Value Created


RATIONALE



• Authorising Environment• Operational Capacity• Value Created

• Public Value• the value created by Government through services, laws, regulations and

other actions


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


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?


OVERVIEW OF PRESENTATION

Regulatory FrameworkTechnical Considerations• Fire tests• Statistics• Coronial findings• Key Hazards and Risk Factors• Possible solutionConclusions


UK RESIDENTIAL FIRE TESTS – TWO STOREY

• Sprinklered and non-sprinklered tests• Residential sprinkler heads• Doors open and closed


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


RESIDENTIAL FIRE TESTS – SINGLE STOREY

• 29 tests – kitchen, bedroom, lounge tests• Interior doors open and closed• Sprinklered and non-sprinklered tests



• 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



• 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


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.


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


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


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).


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


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

fire safety and the national disability insurance … · • possible that up to two residents plus...

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