Following the Tragic Events That Occurred at the Kiss Nightclub in Sao Paulo, Brazil on 27 January 2013 Where 241 People Died, A
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WYFRA COMMUNITY 19 JULY 2013 ITEM NO SAFETY COMMITTEE 5 REPORT OF: DIRECTOR OF SERVICE DELIVERY PURPOSE OF REPORT: To inform Members of the results of a programme of during performance inspections which were carried out on the nights of 7 & 8 June 2013. RECOMMENDATION: That Members note the contents of this report. LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT DETAILS EXEMPTION CATEGORY: NONE ACCESS CONTACT OFFICER: CHRIS KEMP – FIRE PROTECTION MANAGER BACKGROUND PAPERS OPEN TO INSPECTION: ANNEXES: 1. Inspection Form SUMMARY Following the tragic events that occurred at the Kiss nightclub in Sao Paulo, Brazil on 27 January 2013 where 241 people died, a review of similar establishments within West Yorkshire identified that there are approximately 100 premises that potentially pose a higher risk due to large numbers of occupants. On the nights of 7 & 8 June 2013 Fire Protection carried out a series of inspections at these premises, this paper provides a breakdown of the results of those inspections. 1 BACKGROUND 1.1 On 27 January 2013, 241 people died in a fire at the Kiss nightclub in Sao Paulo, Brazil. The fire started in the early hours of the morning when a band member playing on stage ignited a pyrotechnic article which caused acoustic foam to ignite. The pyrotechnic did not form part of the planned stage activities, however its unscheduled use, together with only one exit from the premises proved a catastrophic combination. 1.2 The Kiss nightclub fire was the latest in a long line of fires in nightclubs, since 2000 there have been 10 significant fires worldwide which have resulted in the death of 1155 people. 1.3 Within West Yorkshire, Operational Station Commanders carry out During Performance Inspections (DPI’s) at a range of premises including nightclubs. These inspections are generally carried out prior to 23:00 hours and therefore do not capture premises when they are likely to be at their busiest. 2 INFORMATION 2.1 In order to obtain a true picture of the risk posed by nightclubs within West Yorkshire, teams carried out specific themed inspections over two consecutive nights. The purpose of carrying out the inspections over consecutive nights was to achieve a true reflection and better understanding of the management systems in place for basic fire protection measures. 2.2 The inspections took place between the hours of 23:00 – 02:00 on Friday 7 June and Saturday 8 June 2013. In order to safeguard our employees, inspections were conducted by teams of two, these teams were made up of the following personnel: 1 x Fire Protection Inspector 1 x Operational Personnel 2.3 Based on availability of personnel there were 17 teams on the Friday night and 15 on the Saturday. Each team were assigned 3 inspections per evening giving a total of 96 inspections. 2.4 Whilst the focus of inspections was on nightclubs, local intelligence indicated that specific premises not falling within that category should also be included within the scope of the exercise. A tasking group produced a list of premises that formed the basis of the inspections, however to ensure that the list was current, up to date and with no omissions, it was circulated to the following groups for comment: • Fire Protection personnel • Local Licensing Authorities • West Yorkshire Police. 2.5 Once the ‘List ‘ was finalised it was sent to Local Licensing Authorities and West Yorkshire Police again to provide local intelligence on any premises which may pose a significant risk to WYFRS employees. Following this one nightclub was identified as having the potential for creating an increased risk to employees and was removed from the list. A joint inspection with other agencies is currently being arranged. 2.6 To ensure that the inspections remained within the scope of the exercise, a tasking group created a new inspection form. The form focused the inspection towards key protection issues and is attached to this report as Annex 1. 2.7 The purpose of the inspection was primarily to ensure that the premises were safe in the event of a fire. If dangerous conditions were found, it would be unlikely that a prohibition notice would be served, although not impossible. In this case Inspectors were given set procedures to follow by contacting a Fire Protection Manager located in mobilising and then gathering evidence through the utilisation of cameras and note books. 2.8 Where deficiencies were identified and interim measures deemed not necessary, the inspectors annotated the form accordingly and a follow up “full audit” was instigated by Fire Protection post event. 3 INSPECTION OUTCOMES 3.1 Over the weekend, 7 premises were identified as posing a serious risk to individuals and interim measures were introduced at 6 of these to alleviate the concerns identified. A Prohibition Notice was served on the remaining nightclub however due to the co-operation of the Responsible Person who had a new automatic fire alarm system installed on Saturday 8 June, the notice was lifted prior to the club opening for that evenings trade. 3.2 In total 101 premises received a visit however due to the current economic climate 16 of those were found to be closed upon inspection. 3.3 85 actual inspections were carried out and a breakdown of these by district can be found in Table 1. Of the 85 inspections 41 (48%) were deemed to require a follow audit up by a specialist Fire Protection Inspector. 3.4 Fire Protection have reviewed the follow up inspections and as a result an additional Prohibition Notice has been served, two Enforcement Notices and one Action Plan. Table 1 District No of Premises Actual Immediate Follow up Follow up Visits Closed Inspections Action Taken Audit Action Required Taken Bradford 17 5 12 Prohibition 8 Prohibition Notice x 1 Notice x 1 Interim Enforcement Measures x 3 Notice x 1 Kirklees 11 2 9 Interim 4 Enforcement Measures x 2 Notice x 1 Calderdale 11 2 10 0 3 Leeds 42 8 34 0 17 Action Plan x 1 Wakefield 20 0 20 Interim 9 Measures x 1 TOTAL 101 16 85 7 41 4 FINANCIAL IMPLICATIONS 4.1 These inspections were carried out outside normal working hours and consequently resulted in the payments of overtime. It is estimated that the total cost will be in the region of £10,000 which can be met from within the existing overtime budgets. 5 EQUALITY AND DIVERSITY IMPLICATIONS 5.1 All premises selected for inspection were been done so based on the risk profile for the type of premises in question, this was based on a significant amount of high profile fires within this type of building over the last decade. 5.2 As the inspections relied on the presence of a FP Inspector outside their standard working pattern, their availability and personal circumstances were considered prior to the exercise. Following a meeting with all authorised inspectors a list of availability was created which allowed inspectors to state whether they would or would not be able to work overtime or if they were available both days or just one. Once all inspectors had provided their availability the dates for inspection were selected based on the dates which most personnel were available. 6 HEALTH AND SAFETY IMPLICATIONS 6.1 Prior to this exercise WYFRS did not have a specific risk assessment that covers the inspection of such premises during the times indicated. Therefore an inspection procedure and full risk assessment was produced which utilised and took account the risk assessments of partner agencies such as Local Licensing Authorities who regularly carry out DPI’s. The risk assessment will included: • Inspection at standard “generic” premises. • Inspection/procedures at non-standard premises (those identified as posing a specific risk). • Procedures for booking teams in & out of premises and monitoring their location • Actions to take should a team not book out. • Dangerous conditions. • Emergency procedures. • Emergency contacts. • Understanding the risks of large overcrowded premise • Understanding of risks involved with intoxicated individuals. • Transport arrangements. • Equipment requirements. 7 SERVICE PLAN LINKS 7.1 The delivery of this nightclub exercise theme has complemented the risk based inspection programme for 2013. It will ensure that as a Fire and Rescue Authority, our statutory fire protection duties are discharged efficiently and effectively thus reducing the incidence of fire and the effects of fire should it occur. 8 CONCLUSIONS 8.1 Fire Protection can make arrangements to audit premises during standard office hours, however this does not give us a true picture of the actual management of the premises whilst in use and possibly at its busiest. These themed inspections have allowed us to gather valuable data which will assist in reviewing the current programme of During Performance Inspections. 8.2 As a result of these inspections a full review of the DPI process will be carried out incorporating: • Full review of premises included within DPI programme • Additional training for FDS officers • Possible utilisation of Specialist Fire Protection Inspectors • Frequency of inspections ANNEX 1 Fire Protection During Performance Inspection Form Section 1 - This section of the form should be completed prior to inspection Inspecting Officer: Service Number: Inspecting Officer: Service Number: File Number FSEC Code WY Code Is the FSEC and WY Code Yes No Correct? Confirm PRD and file (if available) have been reviewed prior to inspection: Current Address Details UPRN Easting Northing Additional comments to note from PRD / File prior to inspection: Section 2 – This section should be completed whilst carrying