Grenfell Tower Inquiry: Phase 2 Report · 2024
Part 13: International responses
Part 13: International responses
219Chapter 112: The response of other countries
Introduction
¶112.1 In the years before the Grenfell Tower fire there were a number of similar fires in other countries that in some cases led to the introduction of new measures designed to prevent any recurrence. We have not attempted to carry out a comprehensive investigation into the measures adopted elsewhere but we consider that the information we have been able to obtain provides a strong foundation for the recommendations made in Part 14.
¶112.2 We have had the benefit of a report from Professor José Torero, whose experience in this field is unrivalled. Professor Torero has spent considerable periods of his career working in other countries, including Queensland, Australia (2012–2017)2352 Torero, Phase 2 Report {JTOR00000006/4} paragraph 1.2.1. Between 2012 and 2017 Professor Torero was Professor of Civil Engineering and Head of the School of Civil Engineering at the University of Queensland, Australia. and more recently at the University of Maryland in the United States (2017–2019).2353 Torero, Phase 2 Report {JTOR00000006/4} paragraph 1.2.1. Between 2017 and 2019 Professor Torero held the John L. Bryan Chair at the Department of Fire Protection Engineering and was the Director of the Center for Disaster Resilience at the Department of Civil Engineering at the University of Maryland, USA. He included as an appendix to his report on the current testing regime2354 Torero, Phase 2 Report {JTOR00000006}. a review of international responses to the Grenfell Tower fire, on which he also gave oral evidence.2355 Torero {Day291/106:10}-{Day291/193:18}; {Day292/1:20}-{Day292/3:18}. We draw particular attention to that part of his report, which, in the absence of any challenge to his evidence, we have generally accepted. We recommend that it be read carefully by all those responsible for ensuring safety from fire. His report, together with the other documents and reports to which we have referred, all of which are available on the Inquiry's website, provides the basis of much of what follows.
¶112.3 We are grateful to a number of foreign governments and other overseas bodies that have taken the trouble to tell us about their regulatory regimes relating to fire safety and the measures they have taken in response to cladding fires both in their own countries and elsewhere. We acknowledge in particular the contributions received from the National Fire Protection Association (NFPA) in the United States2356 {USA0000001}., the Dubai Civil Defence Office2357 Johnson {DCD00000001/1} page 1, paragraphs 3-3.1.2., the government of New South Wales,2358 {NSW0000001}. the government of Queensland2359 {QLD00000002}. and the government of Victoria.2360 {VIC00000001}. Although construction work in each state is governed by its own legislative provisions, the approach to regulation adopted throughout Australia is broadly similar to that adopted in England, which renders the response of the authorities there of particular interest.
220Prohibition
¶112.4 In some countries the use of combustible materials in external walls had already been prohibited by the time fires in high-rise buildings began to be encountered. In those cases it was not thought necessary to introduce new measures in response to the threat beyond strengthening the existing provisions.2361 Torero, Phase 2 Report {JTOR00000006/210} paragraph A3.1. That was the case, for example, in France and Germany and in Hong Kong and China.2362 Torero, Phase 2 Report {JTOR00000006/210} paragraph A3.1. A similar approach has been taken in this country since the Grenfell Tower fire by prohibiting the use on the external walls of buildings over 18 metres in height of materials with a European classification lower than A2-s1,d0,2363 The Building etc. (Amendment) (England) Regulations 2022, regulation 2(4)(b). but it is potentially disadvantageous because the development of new materials and methods of construction is liable to require frequent legislative intervention.2364 Torero {Day292/129:1-10}.
Prescriptive regulation
¶112.5 Since 1984, the legislation governing building work in England and Wales has been based on functional requirements. In the United States, by contrast, there is a preference for a much more prescriptive approach. A commercial body, the National Fire Protection Association (NFPA),2365 {USA0000001/4} fifth paragraph; Torero, Phase 2 Report {JTOR00000006/211} paragraph A3.9; Torero {Day291/109:19}-{Day291/110:9}; {Day291/121:23}-{Day291/122:2}. publishes building and safety codes that, although voluntary, are widely adopted by clients and contractors. As a result, although each state is a separate legal jurisdiction with its own laws, most buildings are constructed in accordance with the requirements of the NFPA codes which require the provision of an extensive range of fire safety systems, such as sprinklers,2366 {USA0000001/5} third paragraph. voice alarm communication systems2367 {USA0000001/5} fourth paragraph. and two staircases2368 Torero {Day291/120:7-8}. and allow little scope for independent design choices.2369 Torero {Day291/113:13}-{Day291/114:2}; {Day291/120:2-19}; {Day291/115:20}-{Day291/116:7}. The codes are constantly revised by NFPA committees which meet regularly to ensure that they keep pace with the introduction of new technologies.2370 Torero {Day291/120:25}-{Day291/121:9}. A wide range of interested persons and organisations are included in the process and the effectiveness of the work is judged by reference to fire safety statistics.2371 Torero {Day291/121:10}-{Day291/122:24}. The prescriptive approach embodied in the NFPA codes reflects a conservative approach to fire safety which is embedded in North American culture.2372 Torero {Day291/122:25}-{Day291/123:24}. Professor Torero contrasted this approach with that which has prevailed in Europe where the existing building stock and the need for post-war regeneration meant that less prescriptive, conservative solutions had to be adopted. Torero {Day291/123:25}-{Day291/124:23}. Under the codes, large-scale testing using a test method broadly similar to BS 8414, known as NFPA 285,2373 NFPA test standard 285: Standard Fire Test Method for Evaluation of Fire Propagation Characteristics of Exterior Non-Load-Bearing Wall Assemblies Containing Combustible Components {USA0000001/6} first paragraph. is mandatory.2374 {USA0000001/6} section 3, first paragraph.
¶112.6 The fundamental differences of approach between the United States and the United Kingdom to regulating building work means that it is not possible to transpose individual elements from one system to another. One marked point of difference, however, from which we might learn, is that in the United States those involved in the design, construction and inspection of buildings are typically required by law to hold some form of certification, licence or similar qualification to demonstrate that they have achieved a minimum level of competence in the area in which they practise.2375 {USA0000001/6} section 3, third paragraph. However, the prescriptive nature of the codes means that construction professionals do not have to understand and interpret functional requirements, as is the case in England and Wales and Australia2376 Torero {Day291/128:12-19}. and to that extent the demands imposed on them are less onerous.
221¶112.7 The NFPA codes and standards rely on independent testing laboratories to confirm that materials and products used in construction comply with their requirements.2377 {USA0000001/7-9} section 4. The requirement for accreditation and certification of professionals also extends to those involved in the testing, certification, design and approval process.
New legislation: United Arab Emirates (including Dubai)
¶112.8 The UAE has one of the highest concentrations of high-rise buildings in the world.2378 Johnson {DCD00000001/2} page 2, paragraph 4. It has also experienced a large number of cladding fires. Before 2013, cladding forming part of the external wall of a building in the UAE often incorporated ACM rainscreen panels with unmodified polyethylene cores.2379 Johnson {DCD00000001/2} page 2, paragraph 4.1.1. The UAE Fire and Life Safety Code of Practice 20112380 {INQ00014966}. did not contain any provisions relating to the spread of fire over external walls or any requirements for the reaction to fire of the external walls of buildings more than three metres apart.2381 Torero, Phase 2 Report {JTOR00000006/211} paragraph A3.10. Following a serious fire in a high-rise building in 2012, the legislation was amended to introduce minimum requirements for cladding systems and for fire-stopping.2382 Johnson {DCD00000001/2} page 2, paragraphs 4.1.2 and 6.2. Subsequently, a unified document was prepared in the form of the 2018 edition of the UAE Fire and Life Safety Code.2383 Johnson {DCD00000001/3} page 3, paragraphs 6.5-6.5.1; https://www.dcd.gov.ae/portal/eng/UAEFIRECODE_ENG_ SEPTEMBER_2018.pdf.
¶112.9 The UAE Fire and Life Safety Code 2018 adopts many elements of a prescriptive approach to building regulation. It prohibits the use of cladding assemblies for mid-rise and high-rise buildings that are not fire-rated2384 Torero, Phase 2 Report {JTOR00000006/211-212} paragraph A3.10; see the 2018 UAE Fire and Life Safety Code, Chapter 1 {INQ00014966} section 2.6. and requires the incorporation of a fire resistant spandrel in buildings over 15 metres in height.2385 Torero, Phase 2 Report {JTOR00000006/212} paragraph A3.10; Johnson {DCD00000001/4} page 4, paragraph 6.6.1; see the 2018 UAE Fire and Life Safety Code, Chapter 1 {INQ00014966} section 2.8.10. It also requires materials used in external walls (including the cores of panels) to be tested in accordance with prescribed tests similar to those used in the UK and the USA2386 Torero, Phase 2 Report {JTOR00000006/212} paragraph A3.11; see the 2018 UAE Fire and Life Safety Code, Chapter 1, at e.g. 1.1.35 to 1.1.40 and section 2.6. and the system as a whole to be tested using a large-scale test method similar to NFPA 285 and BS 8414.2387 Torero {Day291/145:8-13}. All facade contractors have to be licensed by the Civil Defence Office.2388 Johnson {DCD00000001/5} page 5, paragraph 6.9.
¶112.10 A novel step taken by the UAE was the creation in 2012 of a "House of Expertise", a group of fire and life-safety consultants chosen for their expertise in designing external walls and supervising facade contractors,2389 Johnson {DCD00000001/5} page 5, paragraph 6.9. whose role is to advise the Civil Defence Authority on proposals for the construction of new buildings.2390 Johnson {DCD00000001/3} page 3, paragraph 6.3. In practice all the most complex buildings are reviewed by the group.2391 Torero {Day291/135:4-17}. The role played by the House of Expertise, therefore, is akin to that played in this country by building control. In practice, the regulation of building work in the UAE now relies heavily on the expertise of that group.2392 Torero {Day291/136:10-14}.
222¶112.11 The Fire and Life Safety Code recognises that a "stay put" strategy in response to a fire needs to be carefully evaluated and provides in terms that partial evacuation would be a suitable strategy for a high-rise building.2393 Table 19.1 of the Code on page 1236 at https://www.dcd.gov.ae/portal/eng/UAEFIRECODE_ENG_ SEPTEMBER_2018.pdf. That reflects a change of approach from that previously adopted,2394 Torero {Day291/138:5}-{Day291/139:24}. but it is not clear to what extent it applies to existing buildings designed to operate a "stay put" strategy.
¶112.12 The inspection and enforcement regime relating to the construction of new buildings in the UAE has also been strengthened in recent years.2395 Torero, Phase 2 Report {JTOR00000006/213} paragraph A3.12; Johnson {DCD00000001/6-7} pages 6-7, paragraphs 8-8.5. The construction of external walls is inspected and approved by a consultant or a member of the House of Expertise.2396 Johnson {DCD00000001/5} page 5, paragraph 6.9. All commercial buildings must contain equipment that actively monitors the fire safety systems (including fire alarm, water and lift systems) and reports any fault or fire in the building to a control centre.2397 Johnson {DCD00000001/2} page 5, paragraph 5.1.
Australia
¶112.13 Like the United States, the Commonwealth of Australia is a federation of states and territories. The National Construction Code, which applies to the country as a whole, prescribes certain standards that must be met by all new buildings. It obtains the force of law by being incorporated into the law of the different states and territories, sometimes with minor amendments. Like the Building Act 1984, those requirements are couched in functional terms. For example, it provides that "a building must have elements which will, to the degree necessary, avoid the spread of fire between buildings."2398 National Construction Code, CIP2(1)(c). The fact that regulations are expressed in terms of functional (or performance) requirements means that the basic approach taken in Australia is the same as that taken in the UK.
¶112.14 The fire that affected the external wall of the Lacrosse building in Melbourne, Victoria on 25 November 2014 was a significant national event. Together with other building failures,2399 Including structural failures and moisture ingress failures. Torero {Day291/150:25}-{Day291/151:3}. it led to a series of investigations into the state of the construction industry in Australia. As a result, three important reports were published, the Lambert report in 2015 commissioned by the government of New South Wales,2400 Lambert M. Independent Review of the Building Professionals Act 2005 – Final Report, October 2015 {INQ00014958}. the Shergold & Weir report in 2018 commissioned by the federal government,2401 Shergold, P. and Weir, B., Building Confidence – Improving the effectiveness of compliance and enforcement systems for the building and construction industry across Australia, February 2018 {INQ00014963}. and the Warren Centre reports produced by the University of Sydney.2402 The Warren Centre Project – professionalising fire safety engineering, The Warren Centre, University of Sydney, https://www.sydney.edu.au/engineering/industry-and-community/the-warren-centre/fire-safety-engineering.html, study launched in July 2018 and final report dated 2020. Taken together, they represented a careful and detailed investigation of professional practices in the construction sector in Australia that is of global significance.2403 Torero, Phase 2 Report {JTOR00000006/213} paragraph A3.15.
223¶112.15 The first report of the Warren Centre (The Warren Centre Education Report, 2019) drew attention to the fact that in 2017 only two state governments, those of Queensland and Tasmania, operated licensing schemes for fire engineers.2404 https://www.sydney.edu.au/content/dam/corporate/documents/faculty-of-engineering-and-information- technologies/industry-and-government/the-warren-centre/the-education-report-fire-safety-engineering-the- warren-centre.pdf Some other states had formulated requirements for practitioners wishing to be registered, but they were not enforceable and there were no penalties for practising as a fire engineer without being registered.2405 Lane, Phase 2, Recommendations Report {BLAR200000001/127} paragraph 5.10.4. The licensing of fire engineering professionals was also emphasised as an important recommendation in the Shergold & Weir report.2406 Lane, Phase 2, Recommendations Report {BLAR200000001/127} paragraphs 5.10.5-5.10.6. We think that similar considerations apply in this country.
¶112.16 The competence of building professionals and its importance in ensuring fire safety in the built environment received particular attention in the Warren Centre reports, in particular, in a report specifically devoted to that subject.2407 This was report 5 of the series {INQ00014933}. It identified the skills that fire engineers need to possess and can be obtained through an accredited degree programme followed by a period of supervised practice, continuing professional development and effective monitoring, all supported by disciplinary procedures when standards are not met. The report identified a need to raise standards among those seeking to become fire engineers and a requirement for consistency of approach to their education, training, supervision and regulation.2408 {INQ00014933/29-30}. Engineers Australia, the body that governs admission to the status of Chartered Engineer in Australia, subsequently adopted the Warren Centre report for the purposes of assessing applicants for membership.2409 Lane, Phase 2, Recommendations Report {BLAR200000001/129} paragraph 5.10.15.
¶112.17 In its final report the Warren Centre made a wide range of recommendations relating to fire engineering, including recommendations for the professional education, training, development and accreditation of fire engineers.2410 {INQ00014933/21-23}. It also made a number of recommendations for changes to the national building code and guidance, and for the introduction of a scheme for registering professional engineers, including the establishment of "assessment bodies" and a monitoring framework with sanctions for sub-standard work.2411 {INQ00014933/24-25}.
¶112.18 The Warren Centre reports provide a good example of collaboration between government, industry and the academic world in the delivery of a programme for the improvement of professional standards. It offers an interesting example of the kind of thing that might be done in the UK.2412 Torero, Phase 2 Report {JTOR00000006/193} paragraph A2.29.
224¶112.19 Following the Lacrosse fire in November 2014, Australia introduced a large-scale system test method known as AS 5113 to complement AS 1530.1, its existing combustibility test for materials,2413 This test is very similar to the BS 476-4 test. Torero {Day292/5:23}-{Day292/6:1}. and AS 1530.3, which tests the reaction of the surface of a material to heat. AS 5113 is virtually identical to BS 8414.2414 Torero {Day292/5:15-25}.
The State of Victoria, Australia
¶112.20 We received a very full and helpful submission from the Government of Victoria describing the steps it has taken in response to the problem posed by combustible cladding following the fire at the Lacrosse building in November 2014. The fire led to an audit of buildings constructed between 2005 and April 2015 which disclosed that the external walls of half of them had been constructed using non-compliant materials and required remedial work. To assist with the audit the government developed a risk assessment tool to assess the danger to life and property posed by combustible cladding. It contained two sections, one relating to the risk of ignition and the spread of fire and one relating to the ability of the occupants to escape.
¶112.21 It is not surprising that in the face of a serious problem of that kind the government resorted to legislation, giving the relevant minister the power to prohibit the use of products considered to pose a high risk. However, although the legislation came into effect in 2018, as far as we know, the power has not yet been exercised.2415 {VIC00000001/8} section 3.3. In that respect the government here has already gone further by prohibiting the use of rainscreen panels that are not classed A2-s1,d0 or better.2416 The Building etc. (Amendment) (England) Regulations 2022, regulation 2(4)(b).
¶112.22 In its submission the government of Victoria helpfully described a number of other measures it has taken to promote remedial work on buildings with dangerous cladding. However, they were tailored to the particular circumstances existing in that state and we do not think that similar measures would be suitable to the UK. One step that we think the UK government could usefully take note of, however, was to take legal action against building professionals involved in the installation of non-compliant cladding. Under Victoria's Building Act it is an indictable offence knowingly to carry out building work that is not in accordance with the Act or the regulations made under it, with a maximum penalty of five years' imprisonment.2417 {VIC00000001/8} section 3.6. That appears to be much stronger than section 35 of the Building Act 1984. Moreover, regulation of construction professionals by the Victorian Building Authority enables it to take disciplinary action against them when appropriate and at the time of the submission (September 2020) two practitioners had been suspended and a further nine faced disciplinary proceedings relating to the installation of non-compliant cladding.2418 {VIC00000001/8} section 3.6. Currently, certain engineers, including fire engineers, must be registered to provide professional engineering services in Victoria.2419 https://www.engineersaustralia.org.au/credentials/registration/state-registration#accordion-1506.
The State of New South Wales, Australia
¶112.23 The government of New South Wales was generous in providing us with a copy of its submission to the Public Accountability Committee describing its response to the emerging problem of combustible cladding. In July 2017 in response to the Grenfell Tower fire it devised a ten-point plan and established the New South Wales Fire Safety and External Wall Cladding Taskforce to develop new policies and operational proposals. The Taskforce meets regularly to plan and co-ordinate the government's response to the risks posed by combustible cladding.
225¶112.24 New South Wales also resorted to legislation. In December 2017 parliament passed legislation in the form of the Building Products (Safety) Act 2017, designed to ensure the safety of building products. The Act gives the Commissioner of Fair Trading power to prohibit the use of products if he has reasonable grounds to consider their use unsafe and to identify buildings on which products have been used in a way that is prohibited (including buildings on which products were used before the prohibition took effect). In August 2018 the Fair Trade Commissioner prohibited the use of ACM panels with cores of more than 30% polyethylene on certain buildings.2420 {NSW0000001/42}.
¶112.25 Other measures of note are the passing of legislation to strengthen the independence of building certifiers (broadly the equivalent of our building control officers) and the introduction of a requirement that certain functions affecting the fire safety of buildings be performed only by accredited fire safety practitioners.2421 {NSW0000001/46}. In New South Wales certain engineers need to be registered, including any professional engineer working on certain buildings, including apartment buildings.2422 https://www.engineersaustralia.org.au/credentials/registration/state-registration#accordion-1506
The State of Queensland, Australia
¶112.26 The government of Queensland also responded generously to an invitation from the chairman to make a submission to the Inquiry describing its response to the problem of combustible cladding. A number of important points emerge from that submission, all of which we found most helpful when considering how the matter could best be taken forward in this country.
¶112.27 Like the government of NSW, the government of Queensland established a task force consisting of a dedicated team of experts representing the government, the construction industry and fire service professionals working across government to guide construction industry, professionals and building owners in responding to the dangers of combustible cladding.2423 {QLD00000002/4}; {QLD00000002/21}.
¶112.28 Long before the Grenfell Tower fire the University of Queensland had developed a strong relationship with the fire service that included the provision of training.2424 Torero {Day291/181:2-11}. That approach was reinforced after the Grenfell Tower fire and a number of important initiatives were then undertaken.2425 Torero {Day291/182:4-19}. They included an audit of all publicly and privately-owned buildings to assess the extent of the risk and the amount of remediation required.2426 {QLD00000002/8}.
¶112.29 In Queensland the government took steps to ensure that building products were safe for their intended use. The Queensland Building and Construction Commission Act 1991 was amended to impose obligations on those involved in specifying or supplying products (including designers, architects, engineers, manufacturers, importers, suppliers and installers) to ensure that they are safe and fit for their intended purpose.2427 {QLD00000002/16}.
226¶The amendments also increased the powers of the Commission to investigate the use of inappropriate building products and to take action in respect of them, including by issuing warnings and recalling products.2428 {QLD00000002/8}.
¶112.30 In Queensland "Fire Engineer" is a protected title awarded by the Board of Professional Engineers of Queensland that certifies the professional competence of all engineers. The functions and duties of engineers are set out in the Professional Engineers Act 2002.2429 {QLD00000002/20} first paragraph.
¶112.31 In collaboration with various international institutions the government of Queensland established a five-day continuing professional development course for fire engineers to provide the specialist knowledge that would enable them to understand the implications of using certain products and produce effective fire safety strategies.2430 {QLD00000002/28}. However, in 2019 Queensland also decided to resort to legislation, prohibiting the use of ACM panels with polyethylene cores of more than 30% by mass.2431 {QLD00000002/24}.
¶112.32 Nonetheless, recognising that there was a need to improve the knowledge of building surveyors and the industry more generally, it introduced a series of courses designed to be taken by building surveyors,2432 Building surveyors in Queensland must be licensed as building certifiers and are decision-makers for building approval compliance {QLD00000002/19}. building inspectors and other industry professionals as part of continuing professional development to enable them to acquire the knowledge needed to carry out fire risk assessments of buildings with complex combustible cladding systems.2433 {QLD00000002/29}.
¶112.33 One of the most innovative responses to the threat posed by combustible cladding was the creation by the University of Queensland, with funding from the government, of a library of cladding materials to provide a catalogue and point of reference for materials that designers might be thinking of using in the future. The Cladding Materials Library is a substantial database containing information about a large range of products, including their performance in fire.2434 https://claddingmaterialslibrary.com. The intention behind it was to provide a source of publicly available information to assist fire engineers in assessing the hazards posed by particular materials. A series of tests was carried out on each product, including small-scale flammability tests, with the aim of identifying its properties.2435 Torero {Day292/12:1-9}.
¶112.34 It was originally intended to develop the Cladding Materials Library to incorporate the results of intermediate and large-scale tests, including tests similar to those carried out by Professor Bisby on the cladding materials used at Grenfell Tower.2436 Torero {Day292/14:10-19}. However, the programme was discontinued when the government decided to prohibit the use of certain cladding materials.2437 Torero {Day292/14:22}-{Day292/15:10}. Nonetheless, the Library remains publicly available and its development could be revived.
¶112.35 Although Queensland actively supported the introduction of the large-scale test, AS 5113, it recognised that the time and cost associated with such testing could cause difficulties for some building owners.2438 {QLD00000002/17}. It therefore developed testing protocols based on first principles2439 {QLD00000002/30}; Torero {Day292/4:7-19}. Small-scale tests were conducted which extracted the key information which is relevant to the spread of fire, including thermal inertia, ignition temperatures and mechanisms for mechanical failure. that enabled the reliable identification of cladding systems that needed to be replaced.2440 Torero {Day292/3:14}-{Day292/4:19}. They included a testing protocol that enables the fire performance of individual materials to be tested2441 {QLD00000002/30}. and is directed to quantifying the speed at which fire is likely to spread over an external wall.2442 Torero {Day292/4:20}-{Day292/5:4}; {Day292/20:2-16}. As such, it allows a quick and conservative assessment of the behaviour of individual cladding products to be made.2443 {QLD00000002/30}. That reflects the requirement throughout Australia for a phased evacuation rather than a stay put strategy in response to a fire in a high-rise building.
227Conclusions
¶112.36 We think that the following conclusions may fairly be drawn from this review:
¶a. In most countries the use of ACM panels with unmodified polyethylene cores is prohibited on high-rise buildings, either by pre-existing legislation or under legislation introduced specifically in response to the dangers created by combustible cladding.
¶b. In many countries construction professionals are subject to some form of licensing or accreditation and in many cases their titles and functions are protected by law.
¶c. Countries whose building regulations are based on performance or functional requirements have recognised the need for a body of highly skilled fire engineers capable of assessing the performance of external wall systems and producing fire safety strategies that will ensure that buildings are safe for those who live and work in them.
¶d. Many countries have also recognised that the knowledge and skills of other construction professionals, including those inspecting and approving buildings, also need to be improved through a combination of initial education, formal qualifications and continuing professional development.
¶e. Many countries have recognised the need for the testing and regulation of construction products to prevent the use of dangerous or unsuitable materials.
229