******************************************************
Following is a question by the Hon Fernando Cheung and a written reply by the Secretary for Development, Mr Paul Chan, in the Legislative Council today (April 30):
Question:
The Buildings Department (BD) has implemented the Code of Practice for Fire Safety in Buildings 2011 (the Code) since 1 April 2012. Yet, organisations of persons with disabilities (PWDs) and experts on universal designs criticise the Code for being incomprehensive as it does not require the installation of escape facilities in buildings for PWDs. They urged the Government to conduct consultations with PWDs and review the Code. Besides, the Equal Opportunities Commission (EOC) made a submission to BD in February 2012 expressing concern about the absence of relevant provisions in the Code on the provision of means of escape for PWDs in case of fire. In response to the advice of EOC and relevant stakeholders, BD has undertaken to incorporate requirements for the provision of means of escape for PWDs in case of fire in the Code, but it has not yet proceeded with the amendments so far. In this connection, will the Government inform this Council:
(1) given that under Articles 10 and 11 of the United Nations Convention on the Rights of Persons with Disabilities, states parties shall take all necessary measures to ensure effective enjoyment of the inherent right to life by PWDs on an equal basis with others and ensure the protection and safety of PWDs in situations of risk, whether the authorities have assessed if the Code complies with the requirements of such articles;
(2) whether there were PWDs being injured or killed in fire in the past five years due to the lack of proper escape facilities in buildings; if so, of the number of cases each year and the causes of their injuries;
(3) of the number of existing social welfare service facilities and education facilities for PWDs, including special schools, residential care homes, day care service centres and district support centres, not meeting the requirements of the Code, as well as the names of the service units concerned; and
(4) of the timetable for amending the Code and the amendments to be made; if no timetable is available, of the reasons for that?
Reply:
President,
The Government strives to assist persons with disabilities (PWDs) to access buildings and use the facilities therein freely on an equal basis with others. In this connection, the Buildings Department (BD) regularly reviews and updates the planning, design and construction standards of buildings as prescribed in the Buildings Ordinance (BO) and its subsidiary legislation, as well as practice notes, codes of practice and design manuals, to ensure that buildings subject to the control of BO would provide suitable access and facilities for PWDs.
Following the completion of a consultancy study and consultation with the building industry, BD in September 2011 promulgated the "Code of Practice for Fire Safety in Buildings 2011" (the Fire Code) to prescribe the standards on means of escape, means of access for firefighting and rescue, and fire resisting construction in buildings (such as the minimum width of exit routes, the fire resisting rating of fire barriers, the number of access staircases and firemanˇ¦s lifts required, etc.). Generally speaking, proposed buildings adopt these standards, and when BD vets the building plan submission of such buildings, the requirements on fire safety under BO and the building regulations shall be deemed to be complied with. As to other proposed designs not following the code in full, BD when vetting the plan submission will consider whether the design can fulfill the requirements on fire safety under BO and the building regulations to the same extent. The Fire Code came into effect in April 2012.
My reply to the four-part question is as follows:
(a) The Government is committed to complying with the requirements of the United Nations Convention on the Rights of Persons with Disabilities, including taking necessary measures to ensure the effective enjoyment of the inherent right to life by PWDs on an equal basis with others, as well as the protection and safety of PWDs in situations of risk. In conducting the above-mentioned consultancy study to formulate the Fire Code, BD and the Steering Committee, which comprised representatives from professional institutes, building industry, academia and relevant government departments, had studied in detail the need for putting in place means of escape for PWDs, and made reference to relevant overseas requirements. After balancing building management, the need to cater for firefighting and rescue and the "Design Manual - Barrier Free Access" implemented in 2008, the prevailing Fire Code provides guidance to assist PWDs in obtaining suitable protection in the event of fire, such as making provision for places for temporary protection and installing an intercom connecting to the management office of the building.
(b) In its fire incident reports, the Fire Services Department did not record whether the person injured or killed was a PWD, and therefore we are unable to provide the statistical information requested in the question.
(c) Before the implementation of the Fire Code in April 2012, the fire safety design of buildings had to comply with the then prevailing standards and requirements. As to building plans submitted in or after April 2012 under BO for constructing social welfare service facilities and education facilities on land subject to the control thereunder, same as other types of buildings, their design and construction standards must comply with the requirements of the prevailing Fire Code. BD does not maintain the number and name list of the facilities concerned.
(d) In 2012, the Equal Opportunities Commission (EOC) and certain concern groups for PWDs expressed concern on the Fire Code to BD, and recommended that the requirement on means of escape for PWDs under the code should be enhanced. In view of the concern and recommendation, BD set up a working group in August 2012, comprising representatives from EOC, Hong Kong Council of Social Service, Rehabilitation Advisory Committee, professional institutes, building industry and relevant government departments, to review afresh the feasibility of requiring the provision of means of escape for PWDs under the Fire Code. After discussion, the working group recommended that the Fire Code should be amended to require new buildings to provide temporary refuge spaces for PWDs. The recommendation was then passed to the Technical Committee on the Fire Code for follow-up. Upon finalisation of the technical details and consultation with the Building Sub-committee under the Land and Development Advisory Committee, and the Authorised Persons, Registered Structural Engineers and Registered Geotechnical Engineers Committee, BD promulgated on April 25, 2014 amendments to the Fire Code, which requires temporary refuge spaces to be provided for PWDs on every floor of a new building. The requirement will come into effect on October 25, 2014.
Ends/Wednesday, April 30, 2014
Issued at HKT 15:10
NNNN
