REPORT OF DR BARBARA LANE

SPECIALIST FIELD FIRE SAFETY ENGINEERING

ON BEHALF OF: GRENFELL TOWER INQUIRY

Grenfell Tower — fire safety investigation:

The fire protection measures in place on the night of the fire, and conclusions as to:

the extent to which they failed to control the spread of fire and smoke;
the extent to which they contributed to the speed at which the fire spread.

Phase 1 Report — Appendix D

Legislation, Regulation and Guidance relevant to Grenfell Tower

REPORT OF

Dr Barbara Lane FREng CEng

Fire Safety Engineering

12th April 2018

Specialist Field Fire Safety Engineering

Assisted by Dr Susan Deeny, Dr Peter Woodburn, Dr Graeme Flint,

Mr Tom Parker, Ms Danielle Antonellis, Mr Alfie Chapman

On behalf of Grenfell Tower Inquiry

On instructions of Cathy Kennedy, Solicitor, Grenfell Tower Inquiry

Subject Matter To examine the circumstances surrounding the fire at

Grenfell Tower on 14 June 2017

Inspection Date(s) 6th October, lst November, 7-9th November 2017

Dr Barbara Lane
Ove Amp & Partners Limited
13 Fitzroy Street
London W IT 4BQ

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Appendix D— Legislation, Regulations and Guidance

relevant to Grenfell Tower

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CONTENTS

D1 Introduction D-1

D2 Commentary on interactions between legislation, regulation and

guidance D-1

D3 Hierarchy of Guidance D-2

D4 Chronology of the design, construction and significant modifications to

Grenfell Tower D-4

D5 Applicable legislation, regulation, statutory and non-statutory guidanceD-14

D6 Legislation D-18
D6.2 Fire safety design D-18
D6.3 Fire safety in operation D-19
D6.4 Fire service legislation D-21

D7 Regulations D-23
D7.2 Fire Safety Design D-23
D7.3 Fire safety in operation D-28

D8 Statutory guidance D-29

D8.2 Fire Safety Design D-29
D8.3 Fire safety in operation D-30

D9 Guidance D-33
D9.2 Fire Safety Design D-33
D9.3 Fire safety in operation D-37
D9.4 Guidance - Fire Fighting D-40

D10 Enforcement D-42

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Di Introduction
D1.1.1 This Appendix defines the applicable legislation, regulations, and statutory
guidance as applied to Grenfell Tower on the 14th June 2017. It addresses
this application in two ways — during a construction project which requires
Building Regulations compliance, and the rest of the occupation time which
requires compliance with the Regulatory Reform (Fire Safety) Order 2005
(FSO)(since 2006). Since 2005 the Housing Act 2004 also applies during the
occupation. Guidance has been issued by the government on how to deal with
the FS0 and the Housing Act in residential buildings.
D1.1.2 In this section I will define the current legislation as it forms the basis of the
definition of compliance used in the other sections and appendices of my
report, and so a definition of a defect or non-compliance can be made.
D1.1.3 This section also provides insight on the older legislation that was relevant to
the original design and construction of the building, and to the modifications
and alterations made to the building between the end of construction in 1974
and the most recent refurbishment in 2014.
D1.1.4 I have investigated if there are any significant compliance "differences" the
range of applicable legislation over this 40 year period makes. This is in order
to understand the minimum standards of compliance with the legislation,
regulation and guidance and therefore to permit the other sections and
appendices in this report to discuss in detail the compliance, or otherwise, of
the fire safety measures in Grenfell Tower on the 14th June 2017.
D1.1.5 This section also explains what current legislation requires to protect people
from fire, in high rise residential building in England.

D2 Commentary on interactions between legislation,

regulation and guidance
D2.1.1 The following points set out the interaction and hierarchy between the
different documents discussed in this Appendix:
a) Legislation: Sets out the law that must be complied with.
b) Regulations: Enacted under legislation give specific rules that must be
followed in order to comply with the law.
c) Statutory guidance: Guidance approved or endorsed by a specified
Government Minister(whether created by a Government department or
not)to assist individuals in complying with the Regulations and the
Legislation. In order for guidance to be statutory, it must also be created
under powers invested in the Minister by legislation.

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d) Non-statutory guidance: Guidance created to assist an individual in

complying with Legislation or Regulation, or to assist in understanding
Statutory guidance. Non-statutory guidance may be published by anyone
and does not require endorsement by Government.

D3 Hierarchy of Guidance
D3.1.1 The construction industry maintains a wide range of different types of
guidance document. The most common types of guidance document are listed
in Table D.1 in order of importance.
Table D.1: Hierarchy ofguidance
Type of Purpose of guidance
Guidance
Statutory Developed under the power of primary legislation. A failure on the
guidance (as part of a person to comply with an approved document does not of
defined in the itself render him liable to any civil or criminal proceedings. However,
Building Act where a contravention of the Act is alleged, failure to comply with an
1984) Approved Document may be relied upon as tending to establish
liability, and proof of compliance may be relied upon as tending to
negative liability.
Example — Approved Document B enabled by the Building Act 1984.
Approved codes Guidance approved by the Health and Safety Executive, with the
of practice(as consent of the Secretary of State It gives practical advice on how to
defined by the comply with the law. If you follow the advice you will be doing
HSE)or enough to comply with the law in respect of those specific matters on
"ACOPs" which the Code gives advice. You may use alternative methods to
those set out in the Code in order to comply with the law.
However,the Code has a special legal status. If you are prosecuted
for breach of health and safety law, and it is proved that you did not
follow the relevant provisions of the Code, you will need to show that
you have complied with the law in some other way or a Court will
find you at fault.
There are currently no ACOPs published by the HSE explicitly
addressing the issue offire safety in construction.
Example — Safety in the installation and use of gas systems and
appliances Gas Safety (Installation and Use)Regulations 1998 as
amended: Approved Code of Practice and Guidance.
British Standards The principal characteristic of a British Standard is that it is produced
(as defined by by a process that involves:
BSI) A committee — a widely-based group of experts nominated by
organisations who have an interest in the content and application of
the standard
Consultation — making a draft available for scrutiny and comment to
anyone who might be interested in it
Consensus — the principle that the content of the standard is decided
by general agreement of as many as possible of the committee
members,rather than by majority voting.
This process reinforces the authority of the standard and helps to
ensure that it will be accepted by a very wide range of people who
might be interested in applying it.

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Type of Purpose of guidance

Guidance
Biitish Standards may be developed entirely within the UK by BSI
committees, or, in most cases, are adoptions of international standards
developed under very similar processes and, almost always,involving
strong UK participation.
Please refer to Section D3.1.2 for a discussion of the different
categories of British Standard.
Examples — BS 9991:2011 "Fire safety in the design and use of
residential buildings — Code of practice", BS 476-21:1987 "Fire tests
on building materials and structures. Methods for determination of
the fire resistance of loadbearing elements of construction".
Other guidance Other guidance is available from a wide range of parties in the
construction industry. This includes trade bodies and associations
dealing with specific parts of the construction industry. Specific
technical guidance developed by such bodies may also be referred to
by the other tiers of guidance referenced above.
Examples: Association for Specialist Fire Protection "colour" guides,
Chartered Institution of Building Services Engineers TMI9
"Relationships for smoke control calculations".

1)3.1.2 British Standards

D3.1.3 British Standards are an important source of guidance for the UK construction
industry. There is a range of types of British Standard. The most commonly
applied standards in the construction industry are as follows(as defined by
BSI):
a) Codes of practice recommend good practice as currently undertaken by
competent and conscientious practitioners. They are drafted to incorporate
a degree offlexibility in application, whilst offering reliable indicative
benchmarks. They are commonly used in the construction and civil
engineering industries.
b) Specifications are a highly prescriptive standard setting out detailed
absolute requirements. It is commonly used for product safety purposes or
for other applications where a high degree of certainty and assurance is
required by its user community.
c) Methods are also highly prescriptive, setting out an agreed way of
measuring, testing or specifying what is reliably repeatable in different
circumstances and places, wherever it needs to be applied.
d) A Vocabulary is a set of terms and definitions to help harmonise the use
of language in a particular subject or discipline.
e) Guides are published to give less prescriptive advice which reflects the
current thinking and practice amongst experts in a particular subject.
D3.1.4 Other categories of standard can be employed as necessary.

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D4 Chronology of the design, construction and

significant modifications to Grenfell Tower
D4.1.1 Table D.2 presents a chronology of the key dates and events that are relevant
to Grenfell Tower. Table D.2 indicates the source of each ofthe events
presented. This information is presented here to provide context for when
different events occurred. Therefore, the specific legislation, regulation and
guidance for each event can be identified (Table D.3).
Table D.2: Chronology
Date Milestone Reference Evidence

1962 Second edition of CP3 British Standard Code of Code of practice

published (first edition to be Practice CP3 Chapter IV date
relevant to flats) Precautions against fire —
Part 1 Fire precautions in
flats and maisonettes over
80ft in height
7
1967 Original design began RBK00000275 RBKC chronology

1971 Third edition of CP3 published. Code of practice

date
197") Construction of Grenfell Tower RBK00000275 RBKC chronology
began.
1974 Construction of Grenfell Tower RBK00000275 RBKC chronology
completed.
October 1979 Building Regulations RBK00000275 RBKC chronology
application AR/BR/W/150917
for improvements to ground
floor community rooms.
April 1980 Building Regulations RBK00000275 RBKC chronology
application 542/80 for
alterations, repairs and
decorations.
3 July 1980 Building Regulations R13K00000275 RBKC chronology
application AR/BR/2/150917
for alterations to plans
previously approved,
concerning the ground storey
and mezzanine level play centre
and community areas.
January 1985 Building Regulations RBK00000275 RBKC chronology
application AR/BR/2/150917
for the provision of three
security screens and doors; the
redecoration of the lobbies
(incl. new self-closing fire
resisting flat entrance doors);
the provision of escape lighting
system.

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Date Milestone Reference Evidence

May 1985 Building Regulations RBK00000275 RBKC chronology

application 16/847/85 for
security improvements.
July 1985 Mandatory rules for means of The Building Regulations Stated publication
escape in case offire statutory 1985: Mandatory rules for date
guidance comes into force. means ofescape in case of
fire
October 1986 Building Regulations RBK00000275 RBKC chronology
application B/1643/86 for
alterations to decks I & 2,new
floor staircase, toilets and
general upgrading of existing
structure.
May 1987 Building Regulations RBK00000275 RBKC chronology
application JS/BM for Phase I
alterations to the existing layout
of Deck-I and Deck-2 of
Playcentre.
November Fire at Apartment 154 Grenfell RBK00000275 RBKC chronology
1988 Tower — Unknown extent.
December Building Regulations RBK00000275 RBKC chronology
1990 application B/2257/90 for the
refurbishment offirst floor,
formerly a medical centre.
January 1991 Building Regulations Rl3K00000275 RBKC chronology
application S/20/67 for
refurbishment and alteration of
the medical care centre on the
first floor of Grenfell Tower.
January 1991 Building Regulations RBK00000275 RBKC chronology
application S/20/67 — a Section
20 application under the
London Building Acts for
alterations to existing office on
1st floor level.
June 1992 Approved Document B 1992 Page 131, Approved Stated publication
replaces Mandatory rules for Document B 1992 date
means of escape in case of fire
as statutory guidance
1993 RBKC enter into Modular RBK00000275 RBKC chronology
Management Agreement with
the Lancaster West Estate
Management Board.
1996 RBKC enter into Modular RBK00000275 RBKC chronology
Management Agreement with
the Kensington and Chelsea
.fenant Management
Organisation.
January 1997 Fire at Grenfell Tower — RBK00000275 RBKC chronology
Unknown extent.

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Date Milestone Reference Evidence

August 1999 Planning Application RBKC planning

PP/99/01237 website
Application by Mercury RBK00000275 RBKC chronology
Personal Communications Ltd (incorrectly states
submitted for the provision of 2009)
pole mounted antennae around
plant room roof with the
equipment located inside the
plant room itself.
This Planning Application was
subsequently withdrawn.
August 2000 Planning Application RBKC planning
PP/00/01959 website
Application for planning RBK00000275 RBKC chronology
permission submitted for the
installation of new air
conditioning system on external
wall to walkway.
October 2000 Application granted for RBKC planning
Planning Application website
PP/00/01959 - installation of RBKC chronology
RBK00000275
new air conditioning system on
external wall to walkway.
November Building Regulations RBKC building
2000 Application FP/00/01569 for control website
office refurbishment and RBKC chronology
RBK00000275
internal alterations on 1st floor (incorrectly stated
submitted. month as August)
Janualy 2001 Building Regulations RBKC building
Application FP/00/01569 control website
approved.

Approved Document B 2000 Page 7 Approved Document Publication date

replaces 1992 edition. B 2000
2002 Approved Document B 2000 Publication date
amended.
April 2004 Planning Application RBK00000275 RBKC chronology
PP/00/00924 (reference suggests
Application for planning submission in 2000)
permission submitted for the
'erection of a bricked enclosure
at ground level to contain a
pump for a hydraulic lift'
May 2004 Building Regulations R13K00000275 RBKC chronology
Application FP/04/00796 to
erect brick-clad pump room
with concrete roof.
June 2004 Application granted for RBK00000275 RBKC chronology
Planning Application
PP/00/00924 - 'erection of a

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Date Milestone Reference Evidence

bricked enclosure at ground (reference suggests

level to contain a pump for a submission in 2000)
hydraulic lift'
8 conditions imposed.
2005 Like for like replacement of CST00000384 Specification
passenger lifts in the main core. document and health
Lifts not installed as fully & safety file for lift
compliant fire fighting lifts, refurbishment
works.
April 2007 Approved Document B 2006 Approved Document B 2006 Commencement
replaces 2000 edition (as date
amended)
September Building Regulations RBKC building
2008 application BN/08/04452 to control website
replace flat roof coverings RBKC chronology
RBK00000275
(location and extent unknown).
July 2009 6 people die in the Lakanal Coroner rule 43
Flouse fire on the 3"1 July. letter to DCLG
March 2010 Approved Document B 2006 Approved Document B 2006 Planning portal
amended (incorporating 2007 and website
2010 amendments)
April 2010 Two firefighters die in Shirley Coroner rule 43
Towers fire in Southampton on letter to DCLG
the 6th April.
April 2010 Fire on the 6'floor of Grenfell SEA00000059 TMO e-mail to
Tower. The fire was started TM000831859 Studio E
deliberately in the lift lobby. No 2012 FRA
R13K00000275
injuries were sustained. Firc
RBKC chronology
remained in lobby and was
extinguished by a neighbour
with a garden hose.
The 2012 FRA states that the
fire occurred in July. This
conflicts with the other
documents.
May-July IMO instruct flat entrance door M_AS00000003 Masterdor directory
2011 replacement programme T1V1010048276 IMO letter to
following consultation with residents
LFB. Fitting of 109
replacement flat entrance door:,
to tenanted apartments by
Masterdor.
December IMO asked to carry out an RBK00000275 RBKC chronology
2011 exercise to identify where
major investment was needed
on the housing estate which
would help to regenerate the
area. The TMO were also asked
to provide indicative costings
for the works to be canied out
to Grenfell Tower.

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Date Milestone Reference Evidence

February Studio E Architects first SEA00000007 Studio E

2012 contacted by KCTMO in correspondence with
connection with providing KCTMO
services for the refurbishment
of Grenfell Tower.
March 2012 TMO canied out a consultation RBK00000275 RBKC chronology
at Grenfell Tower to establish
whether the items identified for
investment at Grenfell Tower
matched the residents'
priorities.
March/April Studio E Architects appointed Studio E e-mail reference
2012 by TMO to begin refurbishment SEA00000007
design.
April 2012 Studio E Architects instructed SEA00000009 Studio E
to proceed with Grenfell Tower correspondence with
planning application by KCTMO
KCTMO,in advance of
ratification by RBKC Cabinet.
August 2012 First planning application SEA00000045 Studio E
submitted correspondence with
Max Fordham &
RBK00000275
Exova.
Planning Application
PP/12/03163
the refurbishment of existing RBKC planning
Grenfell Tower including new website
external cladding and
fenestration, reconfiguration of RBKC chronology
lower 4 levels to provide 7 new
residential units, replacement
nursery and boxing club
facilities, replacement canopy,
external public realm works,
redevelopment and change of
use of existing garages to refuse
collection area and office
accommodation.
October 2012 Leaseholder apartments sent Appendix to TM000830598 Appendix to the
correspondence informing them IMO fire safety
of their responsibilities under management policy.
the RRO regarding their flat
entrance door. The letter
informed them that evidence
could be requested and warned
that enforcement action could
be taken if non-compliant.
October 2012 Planning application withdrawn SEA00000064 IBI Taylor Young
and resubmitted under new correspondence with
code(PP/12/04097), submitted KCTMO
for 'the refurbishment of
existing Grenfell Tower
including new external cladding

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Date Milestone Reference Elidence

and fenestration, RI3KC planning

reconfiguration oflower 4 website
levels to provide 7 new
residential units, replacement
RBKC chronology
nursery and boxing club
facilities, replacement canopy,
external public realm works,
redevelopment and change of
use of existing garages to refuse
collection area and office
accommodation.
January 2013 Approved Document B 2006 Approved Document B 2006 Planning portal
amended. (incorporating 2007,2010 website
and 2013 amendments)
February Rule 43 letter regarding the Coroner rule 43
2013 Shirley Towers fire issued to letter to DCLG
DCLG from the Coroner.
March 2013 Rule 43 letter regarding the Coroner rule 43
Lakanal House fire issued to letter to DCLG
DCLG from the Coroner.
April 2013 DCLG letter regarding Shirley DCLG letter from
Towers fire issued to housing Lakanal House
directors of local authorities Inquiry documents
and CEOs of private registered
providers.
May 2013 DCLG response to rule 43 letter Rule 43 letter
issued to coroner from response
Secretary of State.
May 2013 Power surges at Grenfell Tower R13K00000275 RBKC chronology
reported by residents
July 2013 Cabinet agree a revised budget RBK00000275 RBKC chronology
for the whole Grenfell Tower
project
August 2013 Publication of OJEU notice RBK00000275 RBKC chronology
October 2013 Executive Decision Report - RBK00000275 RBKC chronology
Grenfell Tower Planning
Application - Permission to
enter into a Unilateral
Undertaking.
November RBKC's Grenfell Tower RBK00000275 RBKC chronology
2013 Planning Application -
Permission to enter into a
Unilateral Undertaking is
approved by the Housing Policy
Board.
November Tenders invited for the RBK00000275 RBKC chronology
2013 refurbishment works in relation
to the Enhancements and
improvements of Grenfell
Tower.

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Date Milestone Reference Evidence

2014 RBKC terminates Modular RBK00000275 RBKC chronology

Management Agreement with
the Lancaster West Estate
Management Board.
January 2014 Conditional approval of RBK00000275 RBKC planning
planning application website &
PP/12/04097 given by RBKC, RBKC chronology
subject to 11 conditions of
section 106 agreement.
March 2014 Rydon appointed as Contractor RBK00000275 RBKC chronology
by TMO.
May 2014 Demolition Notice RBK00000275 RBKC chronology
(DEM/14/02401)submitted.
This application was in relation
to parts of the building which
were removed as enabling
works to facilitate the building
works under FP/14/03563.
June 2014 Refurbishment works begin in RBK00000275 RBKC chronology
Grenfell Tower RBKC planning
Planning Application website
PP/14/03655 submitted for the
change of use of nursery and
office to further residential
accommodation,creating two
additional residential units.
Documents on the planning
portal show this to be in the
southwest corner of the
mezzanine and walkway
levels.
July 2014 CON/14/04204(2) application RBK00000275 RBKC chronology
made reconditions. Details
required by conditions 3
(samples and materials-external
faces of building) and 4
(samples and materials-
windows and doors)of
planning permission
PP/12/04097.
July 2014 CON/14/04204 application RBKC planning
made re conditions. Details website
required by condition 11 RBKC chronology
RBK00000275
(Construction Traffic
Management Plan)of planning
permission PP/12/04097.
August 2014 CON/14/04204 — decision made RBKC planning
— discharged of conditions website
grant. RBKC chronology
RBK00000275

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Date Milestone Reference Evidence

September FP/14/03563 - TMO submitted RBKC Building

2014 a Building Regulations 'Full Control website
Plans application'.
Description: New floor areas, RBKC chronology
RBK00000275
new overcladding and (states August 2014)
windows, new heating system,
reconfigured podium and
entrance.
September CON/14/04204(2) — Discharge RBK00000275 RBKC chronology
2014 of conditions granted.
December NMA/14/08597 — Non material RBK00000275 RBKC chronology
2014 amendment to planning
permission PP/12/04097
submitted.
December PP/14/03655 — permission RBKC planning
2014 granted subject to section 106 website,
agreement. There are two RBKC chronology
RBK00000275
conditions and two
infonnatives.
January 2015 NMA/14/08597 — decision to RBK00000275 RBKC chronology
accept non-material
amendments.
February CON/15/01274 — conditions RBKC planning
2015 application. Details required by website
condition 3 (materials)of RBKC chronology
RBK00000275
PP/12/04097.
March 2015 Purchase order for Celotex SIG00000010 Purchase order
RS5080 received by SIG plc D1059/9194
from Harley Curtain Wall Ltd.
Total of6146m2 to be delivered
on or before 04/06/15.
April 2015 CON/15/01274 — discharge of RBKC planning
conditions granted in relation to website
PP/12/04097. RBKC chronology
RBK00000275
May 2015 Purchase order for Kingspan SIG00000012 Purchase order
K15 received by SIG plc from D1059/9341-065
Harley Curtain Wall Ltd. Total
of795m2 — with that amount
subtracted from Celotex PO due
to 'production issues'.
June 2015 First issue of BCA Technical BCA website BCA website and
Guidance Note 18"Use of document issue date
Combustile Cladding Materials
on Buildings Exceeding 18m in
Height".
September Coroner regulation 28 report to Courts and Tribunal Coroner's report
2015 DCLG — Death of Emma Judiciary website
Waring:
Matter of concern: Inclusion of
domestic sprinklers in

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Date Milestone Reference Elidence

residential properties, especially

those housing vulnerable
individuals(No response from
DCLG).
March 2016 London Fire and Emergency R131(00003002 I.1.1TA record of
Planning Authority responds to consultation/ advice
RBKC to confirm it has been given
consulted and is satisfied with
the proposals.
May 2016 Completion Certificate for RYD00000577 Rydon O&M
smoke ventilation systems manual
signed by PSB UK.
May 2016 CON/16/02854 — conditions RBKC planning
application. Details required by website
condition 5(cycle parking and RBKC chronology
RBK00000275
storage) of planning permission
PP/12/04097.
This application was
withdrawn by the
Applicant.
May 2016 CON/16/02850 — conditions RBKC planning
application. Details required by website
condition 6(hard and soft RBKC chronology
RBK00000275
landscaping and external
lighting)of planning permission
PP/12/04097.
This application was
withdrawn by the
Applicant.
May 2016 CON/16/02852 — conditions RBKC planning
application. Details required by website
condition 7(landscaping and RBKC chronology
RBK00000275
tree/shrub planting scheme)of
planning permission
PP/12/04097.
June 2016 Coroner regulation 28 report to Courts and Tribunal Coroner's report
Home Secretary — Death of fire Judiciary website
fighter —Stephen Hunt.
Ten matters of concern relating
to training and operational use
of breathing apparatus and
other equipment. Also relating
to the competence offire risk
assessors.
June 2016 Application CON/16/02854 in RBKC planning
relation to condition 5 of website
PP/12/04097 withdrawn by RBKC chronology
RBK00000275
Applicant.
June 2016 CON/16/03802 — conditions RBKC planning
application. Details required by website
condition 5(cycle parking) of RBKC chronology
RBK00000275

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Date Milestone Reference Elidence

planning permission
PP/12/04907.
July 2016 Application CON/16/02850 in RBKC planning
relation to condition 6 of website
PP/12/04097 withdrawn by RBKC chronology
RBK00000275
Applicant.
July 2016 CON/16/02852 — discharge of RBKC planning
conditions granted in relation to website
condition 7 of PP/12/04097. RBKC chronology
RBK00000275
One informative re unique text.
July 2016 Final inspection of works RBK00002987 Completion
carried out at Grenfell Tower certificate from
by RBKC and building RBKC Building
certificate for FP/14/03563 Control
signed off by RBKC 7th July.
Certificate of Practical
Completion issued by John
Allen of RBKC Building
Control to the TMO.
August 2016 CON/16/03802 — discharged of RBKC planning
conditions granted. 1 website
informative. RBKC chronology
RBK00000275
August 2016 CON/16/04468 — discharge of RBKC planning
conditions granted in relation to website
condition 6 of PP/12/04097. 2 RBKC chronology
RBK00000275
informative.
September Gas leak at Grenfell Tower. RBK00000275 RBKC chronology
2016
CAD00000004 Witness Statement
of Stephen Mason,
_ Cadent Gas Ltd

September National Grid cut off gas supply RBK00000275 RBKC chronology
2016 to parts of Grenfell Tower.
Witness Statement
CAD00000004 of Stephen Mason,
Cadent Gas Ltd

December Cadent Gas Limited (on behalf RBK00000275 RBKC chronology

2016 of National Grid)commence
gas main works at Grenfell
Tower.

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D5 Applicable legislation, regulation, statutory and

non-statutory guidance
D5.1.1 Summary
D5.1.2 Table D.3 presents a summary ofthe legislation, regulation and guidance that
was in force during the key states identified in Table D.2.
Table D.3: Summary of legislation, regulation and guidance relevant to key milestones in the life
of Grenfell Tower
Milestone Date Relevant Legislation
Original design 1967 Legislation: London Building Acts(Amendment)Act 1939
phase Regulations: London Building (Constructional) Bylaws 1952 and
1964
Codes of Practice: LCC guide Means of escape in case of fire (1967
amendment),British Standard CP3: Chapter IV: Precautions against
fire: Part 1. Fire precautions in flats and maisonettes over 80ft in
height(1962)
Original 1972 to Legislation: London Building Acts(Amendment) Act 1939
construction phase 1974 Regulations: London Building (Constructional) Bylaws 1972
Codes of Practice: LCC guide Means of escape in case of fire(1967
amendment),British Standard CP3: Chapter IV: Precautions against
fire: Part 1. Fire precautions in flats and maisonettes over 80ft in
height(1971)
Building in use 1974 to Legislation: Fire Precautions Act 1971
2006
Building October Legislation: London Building Acts(Amendment)Act 1939
Regulations 1979 Regulations: London Building (Constructional) Bylaws 1972-1974,
application including London Building (Constructional) Amending Bylaws
AR/BR/W/150917 1979
for improvements
Codes of Practice: GLC guide Means of escape in case of fire
to ground floor
(1974), British Standard CP3: Chapter IV: Precautions against fire:
community rooms
Part 1. Fire precautions in flats and maisonettes over 80ft in height
(1978 amendment)
Building April Legislation: London Building Acts(Amendment)Act 1939
Regulations 1980 Regulations: London Building (Constructional)Bylaws 1972-1974,
application 542/80 including London Building (Constructional) Amending Bylaws
for alterations, 1979
repairs and
Codes of Practice: GLC guide Means of escape in case of fire
decorations
(Revised 1979), British Standard CP3: Chapter IV: Precautions
against fire: Part 1. Fire precautions in flats and maisonettes over
80ft in height(1978 amendment)
Building July 1980 Legislation: London Building Acts(Amendment)Act 1939
Regulations Regulations: London Building (Constructional) Bylaws 1972-1974,
application including London Building (Constructional) Amending Bylaws
AR/BR/2/150917 1979
for alterations to
Codes of Practice: GLC guide Means of escape in case of fire
plans previously
(Revised 1979), Biitish Standard CP3: Chapter IV: Precautions
approved,
against fire: Part 1. Fire precautions in flats and maisonettes over
concerning the
80ft in height(1978 amendment)
ground storey and

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Milestone Date Reles ant Legislation

mezzanine level
play centre and
community areas
Building January Legislation: Building Act 1984,London Building Acts
Regulations 1985 (Amendment)Act 1939
application Regulations: London Building (Constructional) Bylaws 1972-1974,
AR/BR/2/150917 including London Building (Constructional) Amending Bylaws
for the provision 1979
of three security
Codes of Practice: GLC guide Means of escape in case of fire
screens and doors;
(Revised 1984), British Standard CP3: Chapter IV: Precautions
the redecoration of
against fire: Part 1. Fire precautions in flats and maisonettes over
the lobbies (incl.
80ft in height(1978 amendment)
new self-closing
fire resisting flat
entrance doors);
the provision of
escape lighting
system
Building May 1985 Legislation: Building Act 1984,London Building Acts
Regulations (Amendment)Act 1939
application Regulations: London Building (Constructional)Bylaws 1972-1974,
16/847/85 for including London Building (Constructional) Amending Bylaws
security 1979
improvements
Codes of Practice: GLC guide Means of escape in case of fire
(Revised 1984), British Standard CP3: Chapter IV: Precautions
against fire: Part 1. Fire precautions in flats and maisonettes over
80ft in height(1978 amendment)
Building October Legislation: Building Act 1984, London Building Acts
Regulations 1986 (Amendment)Act 1939
application Regulations: Building Regulations 1985
B/1643/86 for
Statutory Guidance: Mandatory Rules for means of escape 1985
alterations to
decks 1 & 2,new Code of Practice: British Standard CP3: Chapter IV: Precautions
floor staircase, against fire: Part 1. Fire precautions in flats and maisonettes over
toilets and general 80ft in height(1978 amendment)
upgrading of
existing structure
Building May 1987 Legislation: Building Act 1984,London Building Acts
Regulations (Amendment)Act 1939
application JS/BM Regulations: Building Regulations 1985
for Phase 1
Statutory Guidance: Mandatory Rules for means of escape 1985
alterations to the
existing layout of Code of Practice: British Standard CP3: Chapter IV: Precautions
Deck-1 and Deck- against fire: Part 1. Fire precautions in flats and maisonettes over
2 of Playcentre 80ft in height(1978 amendment)
Building December Legislation: Building Act 1984, London Building Acts
Regulations 1990 (Amendment)Act 1939
application Regulations: Building Regulations 1985
B/2257/90 for the
Statutory Guidance: Mandatory Rules for means of escape 1985
refurbishment of
first floor, Code of Practice: British Standard CP3: Chapter IV: Precautions
formerly a medical against fire: Part I. Fire precautions in flats and maisonettes over
centre 80ft in height(1978 amendment),BS 5588 Part 1: Code of practice
for residential buildings 1990

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Milestone Date Relevant Legislation

Building January Legislation: Building Act 1984, London Building Acts
Regulations 1991 (Amendment)Act 1939
application Regulations: Building Regulations 1985
S/20/67 for
Statutory Guidance: Mandatory Rules for means of escape 1985
refurbishment and
alteration of the Code of Practice: British Standard CP3: Chapter IV: Precautions
medical care against fire: Part 1. Fire precautions in flats and maisonettes over
centre on the first 80ft in height(1978 amendment),BS 5588 Part 1: Code of practice
floor of Grenfell for residential buildings 1990
Tower
Building January Legislation: Building Act 1984,London Building Acts
Regulations 1991 (Amendment) Act 1939
application Regulations: Building Regulations 1985
S/20/67 — a
Statutory Guidance: Mandatory Rules for means of escape 1985
Section 20
application under Code of Practice: British Standard CP3: Chapter IV: Precautions
the London against fire: Part 1. Fire precautions in flats and maisonettes over
Building Acts for 80ft in height(1978 amendment),BS 5588 Part 1: Code of practice
alterations to for residential buildings 1990
existing office on
lst floor level
Building January Legislation: Building Act 1984,London Building Acts
Regulations 1991 (Amendment)Act 1939
application Regulations: Building Regulations 1985
S/20/67 — a
Statutory Guidance: Mandatory Rules for means of escape 1985
Section 20
application under Code of Practice: Biitish Standard CP3: Chapter IV: Precautions
the London against fire: Part I. Fire precautions in flats and maisonettes over
Building Acts for 80ft in height(1978 amendment),BS 5588 Part 1: Code of practice
alterations to for residential buildings 1990
existing office on
1st floor level
Building November Legislation: Building Act 1984,London Building Acts
Regulations 2000 (Amendment)Act 1939
Application Regulations: Building Regulations 1991, Construction (Design and
FP/00/01569 for Management)Regulations 1994
office
Statutory Guidance: Approved Document B 1992
refurbishment and
internal alterations Code of Practice: BS 5588 Part 1: Code of practice for residential
on 1st floor buildings 1990
submitted
Building May 2004 Legislation: Building Act 1984, London Building Acts
Regulations (Amendment)Act 1939
Application Regulations: Building Regulations 2000, Construction (Design and
FP/04/00796 to Management)Regulations 1994
erect brick-clad
Statutory Guidance: Approved Document B 2000
pump room with
concrete roof Code of Practice: BS 5588 Part 1: Code of practice for residential
buildings 1990
Lift replacement 2004- Legislation: Building Act 1984, Health and Safety at Work Act
2005 1974
Regulations: Building Regulations 2000, Construction (Design and
Management)Regulations 1994
Statutory Guidance: Approved Document B 2000

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Milestone Date Relevant Legislation

Code of Practice: BS 5588-1:1990 (flats and maisonettes), BS 5588-
5:1991 (firefighting stairs and lifts)
Building in use 2006 to Legislation: Regulatory Reform (Fire Safety) Order 2005, Housing
2017 Act 2004
Regulations: Housing Health and Safety Rating System (England)
Regulations 2005
Statutory Guidance: DCLG guides for the HHSRS(Enforcement,
Operation and Landlord)(2006),DCLG guide to fire safety risk
assessment in sleeping accommodation 2006

Building September Legislation: Building Act 1984,Health and Safety at Work Act
Regulations 2008 1974
application Regulations: Building Regulations 2000, Construction (Design and
13N/08/04452 to Management)Regulations 2007
replace flat roof
Statutory Guidance: Approved Document B 2006
coverings
Code of Practice: BS 5588-1:1990 (flats and maisonettes)
Refitting offlat 2011 Legislation: Regulatory Reform (Fire Safety) Order 2005, Health
front doors and Safety at Work Act 1974
Regulations: Construction (Design and Management)Regulations
2007
Statutory Guidance: DCLG guide to fire safety risk assessment in
sleeping accommodation 2006
Refurbishment 2012 Legislation: Building Act 1984, Regulatory Reform (Fire Safety)
design begins Order 2005, Health and Safety at Work Act 1974
Regulations: Building Regulations 2010, Construction (Design and
Management) Regulations 2007
Statutory Guidance: Approved Document B (2010)
Code of Practice: BS 9991 (2011)
Guidance: LGA guide to Fire safety in purpose-built blocks offlats
2012
Full plans 2014 Legislation: Building Act 1984, Regulatory Reform (Fire Safety)
Building Order 2005, Health and Safety at Work Act 1971
Regulations Regulations: Building Regulations 2010, Construction (Design and
submission and Management)Regulations 2007
work begins on
Statutory Guidance: Approved Document B (2010)
site
Code of Practice: BS 9991 (2011)
Guidance: LGA guide to Fire safety in purpose-built blocks offlats
(2014)
RBKC issues 2016 Legislation: Building Act 1984, Regulatory Reform (Fire Safety)
Building Order 2005, Health and Safety at Work Act 1971
certificate and Regulations: Building Regulations 2010, Construction (Design and
project reaches Management)Regulations 2007
Practical
Statutory Guidance: Approved Document B (2010)
Completion
Code of Practice: BS 9991 (2011)
Guidance: LGA guide to Fire safety in purpose-built blocks of flats
(2014)

D5.1.3 The following sections provide a brief explanation ofthe legislation,

regulations and statutory and non-statutory guidance documents referred to in

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Table D.3. The summaries present the terms of application of each document
and identify the key sections in each that define the fire safety responsibilities
and design measures that were relevant to Grenfell Tower.

D5.1.4 This is in order to understand the minimum standards of compliance with the
legislation, regulation and guidance and therefore to permit the other sections
in this report to discuss in detail the compliance, or otherwise, of the fire
safety measures in Grenfell Tower on the 14th June 2017.
1)5.1.5 Please also refer to the relevant parts of the expert report by Colin Todd that
deals with the applicable legislation, regulation and guidance relevant to
Grenfell Tower.

D6 Legislation
D6.1.1 Legislation sets out the law that must be complied with.

D6.1.2 Legislation sets high level requirements. The means by which the high level
requirements can be complied with are set out in Regulations (Section D7)
and Guidance(Sections D8 and D9).

D6.2 Fire safety design

D6.2.1 London Building Acts(Amendment)Act 1939
D6.2.2 In accordance with the chronology presented in Section D4 the building was
first designed in 1967. Construction began in 1972 and was completed in
1974. The active legislation controlling building design and construction in
London at this time was the London Building Acts(Amendment)Act 1939

D6.2.3 This Act has two key sections relating to fire safety in buildings:
a) Section 20 — Requiring that "proper arrangements will be made and
maintainedfor lessening sofar as is reasonably practicable dangerfrom
fire in the building" For buildings taller than 100ft(30m)(or 80ft(25m)
where the building footprint exceeds 10,000sqft(930m2).
b) Section 34— Requiring "... all such means ofescape therefrom in case of
fire as in the circumstances ofthe case can be reasonably provided..." in
every new building which has a storey at a greater height than 20ft.

D6.2.4 The Health and Safety at Work Act 1974

D6.2.5 This Act makes provision for securing the health, safety and welfare of
persons at work and for protection others against risks to health and safety in
connection with the activities of persons at work.

1)6.2.6 It is the enabling legislation for the Construction (Design and Management)
Regulations 1994 and 2007, described in Section D7,that places

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responsibilities on building owners, designers and contractors to maintain and

provide information relevant to fire safety design and operation of the
building.

D6.2.7 Building Act 1984

D6.2.8 In accordance with the chronology presented in Table D.2,the alterations to

the building were submitted for building control approval in 2014. The active
legislation controlling building design and construction in London at this time
was the Building Act 1984.

D6.2.9 The preamble ofthis Act states that its purpose was to consolidate previous
enactments concerning construction, buildings and related matters. Section 72
of the 1984 Act provides specific legislative requirements for maintaining
means of escape from buildings at all times, and notjust as part of the design
and construction.
D6.2.10 Application of Section 72 to flats was repealed by Section 266 and Schedule
16 the Housing Act 2004. Therefore, after the commencement of the 2004 Act
the Building Act no longer enforced requirements for means of escape in case
offire in buildings in operation. Instead this requirement was enforced
through the powers in the Housing Act and the Regulatory Reform (Fire
Safety) Order 2005.

D6.2.11 Schedule 1 of the Housing Act presents the specific fire precautions that the
Secretary of State has the power to create Building Regulations to control.

D6.2.12 Section 6 of this Act also provides the legislative power for the Secretary of
State to create statutory guidance for aspects of building construction,
including fire safety, in the form of Approved Documents(Section D8).

D6.3 Fire safety in operation

D6.3.1 Fire Precautions Act 1971

D6.3.2 This legislation was enacted to:

"... makefurther provisionsfor the protection ofpersonsfromfire risks; and
for purposes connected therewith."

D6.3.3 This Act sets out the circumstances under which premises were required to
have a fire certificate, issued by the local fire authority. Under this legislation
it was an offence to operate a premises that was designated as requiring a fire
certificate without such a certificate.
D6.3.4 Fire certificates were required to state:
a) the particular use or uses(# the premises which the certificate covers;
and

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b) the means ofescape in case offire with which the premises are provided;
and
c) the means(other than meansforfirefighting) with which the relevant
building is providedfor securing that the means ofescape with which the
premises are provided can be safely and effectively used at all material
times; and
d) the type, number and location ofthe meansforfightingfires(whether in
the premises or affecting the means ofescape) with which the relevant
building isprovidedfor use in case offire by persons in the building: and
e) The type, number and locations ofthe means with which the relevant
building is providedfor giving to persons in the premises warning in case
offire."
D6.3.5 Additionally, Section 6(2)of the Act permitted the relevant fire authority to
impose requirements and restrictions on the operation, maintenance and
occupancy ofthe building in relation to the items quoted above.
D6.3.6 The legislation did not apply to individual dwellings, however the owner of
the overall block offlats was required to hold a certificate.
D6.3.7 The legislation was enforced by the local fire authority.
D6.3.8 This Act was repealed and replaced by the Regulatory Reform (Fire Safety)
Order 2005 on its commencement on 1st April 2006.
D6.3.9 Regulatory Reform (Fire Safety)Order 2005
D6.3.10 The Regulatory Reform (Fire Safety) Order 2005(commencing 1st April
2006)replaced the Fire Precautions Act 1971.
D6.3.11 Article 5 ofthe Order places duties on specific persons that have control over
premises to implement and maintain fire precautions. Those persons are
referred to as "responsible persons".
D6.3.12 Article 25(a) states that the enforcing authority for the Order in high rise
blocks offlats is the relevant fire and rescue authority for the area in which
the building stands.
D6.3.13 As stated in Article 6(1)(a), the Order does not apply to individual domestic
dwellings. However, where those dwellings are part of a block of flats, the
Order imposes duties on home owners and tenants in relation to cooperating
with and assisting the responsible person for the building (Article 17 -
Maintenance)and any relevant inspectors(Article 27 — Powers ofinspectors)
and enforcing officers (Article 32 - Offences).

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D6.3.14 Housing Act 2004

D6.3.15 This Act addresses several aspects of regulation of housing. Part 1 addresses
housing conditions and provides the legislative background for a new system
of assessing housing conditions. Part 1 ofthis Act also provides the legislative
powers by which housing conditions may be enforced in the UK.
D6.3.16 Sections 5 and 7 of the 2004 Act place the responsibility of enforcing the Act
on the local housing authority, a function of local authorities. These sections
came into force on the 6th April 2006.
D6.3.17 The Housing Act applies to dwellings and to any common part of a block of
flats. Unlike the RRO,the Housing Act is explicit in its definition of common
parts as follows(Section 1(5)):
—common parts", in relation to a building containing one or moreflats
includes — a) the structure and exterior ofthe building, and b)common
facilities provided(whether or not in the building)for persons who include
the occupiers ofone or more oftheflats."
D6.3.I8 Section 3 of the Housing Act, commencing on the 6th April 2006, requires
local housing authorities to keep housing conditions in their area under
review, and to investigate and take action against hazards that may be present.
Fire is explicitly referenced as a relevant hazard in Section 10 of the Act.
Where fire hazards are identified, the Act requires local housing authority to
consult the local fire authority, where possible, before taking action.

D6.4 Fire service legislation

D6.4.1 Fire Services Act 1947
D6.4.2 This Act was introduced to make further provisions for fire services in Great
Britain and to transfer fire-fighting functions from the National Fire Service
to fire brigades maintained by the councils of counties and county boroughs.
D6.4.3 The Act sets out the duties and powers offire authorities, alongside
administrative and financial provisions. Section 1 of the Act identifies the
primary duties as follows:
"It shall be the duty ofeveryfire authority in Great Britain to make provision
forfire-fighting purposes, and in particular everyfire authority shall secure:
a) The servicesfor their area ofsuch afire brigade and such equipment as
may be necessary to meet efficiently all normal requirements;
b) The efficient training ofthe members ofthefire brigade;
c) Efficient arrangementsfor dealing with callsfor the assistance ofthefire
brigade in case offire andfor summoning members ofthefire brigade;

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d) Efficient arrangementsfor obtaining, by inspection or otherwise,

information requiredforfire-fightingpurposes with respect to the character
ofthe buildings and other properly in the area ofthefire authority, the
available water supplies and the means ofaccess thereto, and other material
local circumstances;
e) Efficient arrangementsfor ensuring that reasonable steps are taken to
prevent or mitigate damage to property resultingfrom measures taken in
dealing with fires I the area ofthefire authority;
f) Efficient arrangementsfor giving, when requested., ofadvice in respect of
buildings and other property in the area ofthefire authority as tofire
prevention, restricting the spread offires, and means ofescape in case of
fire."

D6.4.4 Sections 13 to 16 ofthe 1947 Act describe the duties and powers offire
authorities to ensure the provision of adequate water supplies for fire fighting,
in cooperation with statutory water authorities and any other parties who may
control relevant water supplies.

D6.4.5 This act was repealed entirely by the subsequent Fire and Rescue Services Act
2004, described below.

D6.4.6 Fire and Rescue Service Act 2004

D6.4.7 This Act repealed the Fire Service Act 1947 The 2004 Act also lists the core
duties offire services as follows:
a) Promotion offire safety;
b) Fire-fighting;
c) Rescuing people from road traffic accidents; and
d) Functions relating to emergencies other than fires and road traffic
accidents.

D6.4.8 The 2004 Act also expands the responsibility of the fire service to other
emergencies, including:
"events or situation is one that causes or is likely to cause — a)one or more
individuals to die, be iqjured or become ill; b) harm to the environment
(including the life and health ofplants and animals)."
D6.4.9 Sections 38 to 43 of the 2004 Act describe the duties and powers offire
authorities to ensure the provision of adequate water supplies for fire fighting,
in cooperation with statutory water authorities and any other parties who may
control relevant water supplies.

D6.4.10 Section 45 ofthe 2004 Act provides powers to fire fighters to enter premises
"...for the purpose ofobtaining information neededfor the discharge ofa
fire and rescue authority'sfunctions under Sections 7, 8 or 9..."

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D6.4.11 Furthermore, fire fighters may apply for a warrant to enter premises by force
if obstructed in their duties.

D6.4.12 Section 7 ofthe 2004 Act states:

"(1)A fire and rescue authority must make provisionfor the purpose of—
a) Extinguishingfires in its area, and
b) Protecting life andproperty in the event offires in its area

(2)In makingprovision under subsection (1)afire and rescue authority must

in particular —

d) Make arrangementsfor obtaining information neededfor the purpose

mentioned in subsection (1);..."

D6.4.13 The gathering ofinformation about the fire safety design and management of
buildings before a fire occurs is an important part of the fire service's generic
risk assessment process as described in Section D9.4 and therefore the 2004
Act provides powers of entry in advance offire events.

D7 Regulations
D7.1.1 Regulations are enacted by Parliament to provide more details on how
persons with duties under Legislation are required to demonstrate compliance
with the law.

D7.2 Fire Safety Design

D7.2.1 London Building (Constructional) Bylaws

D7.2.2 Before the commencement of the Building Regulations in London,

construction standards were controlled by Bylaws instituted under Section 98
of the 1939 Act. The Building Regulations did not apply to London until the
1985 edition ofthe Regulations, as stated in clause 2 ofthe Building (Inner
London)Regulations 1985.

D7.2.3 The following Bylaws were in force during the design and when construction
began in 1972:
a) London Building (Constructional)Bylaws 1952
b) London Building (Constructional)Bylaws 1964

D7.2.4 Part XI of these Bylaws presented instructions to designers as to how

buildings were to be constructed

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"... to minimise the risk ofthe spread offire between adjoining buildings by
a stable and durableform ofconstruction to prevent the untimely collapse of
buildings in the event offire and to minimise the risk ofspread offire
between specifiedparts ofbuildings."
D7.2.5 These instructions specify the fire resistance rating required by elements of
construction, i.e. columns, walls and floors. The Bylaws address only the fire
resistance requirements of elements of construction and do not discuss design
requirements or concepts for means of escape or fire fighting purposes.
D7.2.6 Building Regulations 2010
1)7.2.7 The Building Regulations provide functional requirements that must be
demonstrated for a building to be compliant with the Building Act 1984. The
2010 version of the Building Regulations was current at the time ofthe
alterations to Grenfell Tower in 2014. This is still the current version.
1)7.2.8 Works controlled by the Building Regulations
1)7.2.9 The 2010 Regulations control two types of action:
a) Building Work(Article 3 ofthe Building Regulations 2010)— Relevant to
the erection or extension of a building and the "material alteration" of a
building, among other conditions; and
b) Material change of use (Article 5 of the Building Regulations 2010) —
Where there is a change in the purposes for which a building is used,for
example Regulation 5.(g) "the building, which contains at least one
dwelling, contains a greater or lesser number ofdwellings than it
previously did" Physical changes to the building are not required for it to
fall under the requirements of a material change of use.
1)7.2.10 These actions are discussed in the following sections. When work is
controlled by the Building Regulations it must comply with one or more of
the "functional requirements" listed in Schedule 1, and excerpted below.
D7.2.1 1 Functional requirements of the Building Regulations 2010
D7.2.12 The functional requirements in the Building Regulations relating to fire safety
are defined in Part B of Schedule 1 of the Building Regulations, as follows:
a) Part B1 Means of warning and escape —
The building shall be designed and constructed so that there are
appropriate provisions for the early warning offire, and appropriate means
of escape in case offire from the building to a place of safety outside the
building capable of being safely and effectively used at all material times.
b) Part B2 Internal fire spread (linings) —
(1)To inhibit the spread offire within the building, the internal linings
shall — a)adequately resist the spread offlame over their surfaces; and b)
have, if ignited, either a rate of heat release or a rate offire growth, which

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is reasonable in the circumstances

(2)In this paragraph "internal linings" means the materials or products
used in lining any partition, wall, ceiling or other internal structure.
c) Part B3 Internal fire spread (structure) —
(1)The building shall be designed and constructed so that, in the event of
fire, its stability will be maintained for a reasonable period.
(2)A wall common to two or more buildings shall be designed and
constructed so that it adequately resists the spread offire between those
buildings. For the purposes ofthis sub-paragraph a house in a terrace and a
semi-detached house are each to be treated as a separate building.
(3)Where reasonably necessary to inhibit the spread offire with the
building, measures shall be taken, to an extent appropriate to the size and
intended use of the building, comprising either or both ofthe following —
a)sub-division of the building with fire-resisting construction; b)
installation of suitable automatic fire suppression systems.
(4)The building shall be designed and constructed so that the unseen
spread of fire and smoke within concealed spaces in its structure and fabric
is inhibited.
d) Part B4 External fire spread —
(1)The external walls of the building shall adequately resist the spread of
fire over the walls and from one building to another, having regard to the
height, use and position ofthe building.
(2)The roof ofthe building shall adequately resist the spread of fire over
the roof and from one building to another, having regard to the use and
position ofthe building.
e) Part B5 Access and facilities for the fire service —
(1)The building shall be designed and constructed so as to provide
reasonable facilities to assist the fire fighters in the protection oflife.
(2)Reasonable provision shall be made within the site of the building to
enable fire appliances to gain access to the building.
1)7.2.13 Building Regulations 2010 - Material alteration
D7.2.14 The requirements for material alterations are described in Article 4 ofthe
Building Regulations 2010. These requirements define how the person doing
the work is able to comply with the Building Regulations and therefore with
the Building Act 1984.
1)7.2.15 A material alteration is a class of building work, as defined by the 2010
Regulations. An alteration is considered to be material under the Regulations
if:
"the work, or any part ofit, would at any stage result-
a) In a building or controlled service orfitting not complying with a relevant
requirement where previously it did; or

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b) In a building or controlled service orfitting which before the work

commenced did not comply with a relevant requirement, being more
unsatisfactory in relation to such a requirement"
D7.2.16 Where material alterations are made to a building, the Building Regulations
require that the once the works are completed, the building must comply with
Parts B1,B3,B4 and B5 as described above, or where it did not comply
previously is no more unsatisfactory than before the work was carried out.
1)7.2.17 Maintenance works to a building would not trigger a requirement to make a
building regulations application, unless the maintenance works would reduce
the level of safety relating to one or more ofthe provisions ofParts B1 to B5.
This is because they would not be a material alteration as defined in Article
3(2).
D7.2.18 Please refer to Section 4 ofthis report for a description of the works
undertaken in Grenfell Tower since 2005.
D7.2.19 Building Regulations 2010 - Material change of use
D7.2.20 The requirements for material changes of use are described in Regulation 6 of
the Building Regulations 2010. These requirements define how the person
doing the work is able to comply with the Building Regulations and therefore
with the Building Act 1984.
1)7.2.21 In accordance with Regulations 6(1)(a) and (c), in buildings over 15m in
height, if the change of use is relevant to the whole building, then the whole
building must comply with Parts B1 to B5 of the Building Regulations, as
described in Section D7.2.6.
D7.2.22 As defined in Regulations 6(2)(a) and (c), where there is a material change of
use of part of a building only, then the parts that fall under the change of use
must comply with Parts Bl,B2,B3,B4(2)(external fire spread — roofs) and
B5 only. However,the whole of the building must still comply with Part
B4(1)(external fire spread — walls).
1)7.2.23 Please refer to Section 4 ofthis report for a description of the works
undertaken in Grenfell Tower since 2005.
1)7.2.24 Building Regulations 2010 — Fire safety information
D7.2.25 Regulation 38 of the Building Regulations 2010 requires that:
"The person carrying out the work shall givefire safety information to the
responsible person no later than the date ofcompletion ofthe building, or the
date ofoccupation ofthe building or extension, whichever is earlier.
(3)In this regulation—
(a) "fire safety information" means information relating to the design and
construction ofthe building or extension, and the services,fittings and
equipment provided in or in connection with the building or extension which

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will assist the responsible person to operate and maintain the building or
extension with reasonable safety;..."
D7.2.26 This transfer ofinformation is explicitly required to assist the responsible
person fulfil their duties under the Regulatory Reform (Fire Safety) Order
2005.
D7.2.27 The Building(Approved Inspector) Regulations 2010
D7.2.28 These regulations define the procedure to be followed in the event that a
building regulations submission is supervised by an Approved Inspector,
rather than the local authority. These Regulations are enabled under powers
contained in the Building Act 1984.
D7.2.29 The primary duty of an Approved Inspector is stated in Regulation 8 of the
Regulations, as follows:
"an approved inspector by whom an initial notice has been given shall, so
long as the notice continues inforce, take such steps(which may include the
making oftests ofbuilding work and the taking ofsamples ofmaterial) as
are reasonable to enable the approved inspector to be satisfied within the
limits ofprofessional skill and care that—
a) regulations 4(requirements relating to building work), 6(requirements
relating to material change ofuse), 7(materials and workmanship),...
38(Fire safety information),... ofthe Principal Regulations are
complied with,"
1)7.2.30 In this case the "Principal Regulations" are the Building Regulations 2010.
D7.2.31 The Approved Inspector Regulations do not explicitly apportion enforcement
powers to the approved inspector. Ifthe works being supervised do not
comply with the Building Regulations and the approved inspector cannot
agree the design with the person doing the work,then under Section 18 of the
Approved Inspector Regulations the inspector may cancel their initial notice.
This means that the person doing the work must then engage with the local
authority building control to resolve the compliance ofthe design with the
Building Regulations.
1)7.2.32 The Approved Inspector Regulations also place requirements on competency
and, crucially, independence of Approved Inspectors undertaking such
supervision.
D7.2.33 Approved Inspectors are also required to consult with the fire service where
the works they are supervising are required to address Part B ofthe Building
Regulations 2010.
D7.2.34 The Construction (Design and Management)Regulations 2007
D7.2.35 The CDM regulations were enacted under the Health and Safety at Work Act
1974(Section D6.2.4) and commenced on the 6th April 2007. Their primary

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function is to control risks to the health and safety of construction workers

and people who may be affected by construction work. The most recent
version ofthese Regulations are CDM 2015.
D7.2.36 The CDM regulations also require specific parties involved in building
projects to create and maintain a "health and safety file", defined in the
Regulations as:
"a record containing information relating to the project that is likely to be
needed during any subsequent construction work to ensure the health and
safety ofany person... "
D7.2.37 Noting that the CDM regulations include renovation, repair, upkeep and
maintenance under the definition of"construction work". Therefore, the
health and safety file must include all information about the installation,
certification, commissioning and maintenance of fire safety measures
installed in the building.
D7.2.38 Duties are placed on the Client and all Designers and Contractors involved in
the project to provide all relevant information to the health and safety file.
The health and safety file is delivered to the Client at the end ofthe
construction phase.

D7.3 Fire safety in operation

D7.3.1 The Housing Health and Safety Rating System (England) Regulations
2005
D7.3.2 The Housing Health and Safety Rating System (England)Regulations 2005
(HHSRS)were enacted under the Housing Act 2004, described in Section
D6.3.14, above. The HEISRS replaced the existing system for assessing
housing conditions contained in Section 604 of the Housing Act 1985.
D7.3.3 The HFISRS defines a method by which an inspector can determine the
following:
a) The likelihood of a hazard occurring;
b) The likelihood of an occupant undergoing each of4 classes of"harm" due
to the hazard under investigation; and therefore
c) Classify the hazard under investigation into bands(from A being most
hazardous, to J being least hazardous) based on a numerical scoring
system.
D7.3.4 This method is intended to produce an equal measure of hazard across 29
different hazard types, of which Type 24 is Fire.
D7.3.5 When determining the likelihood of the four classes of harm,the inspector
must assess the harm against the "relevant occupier". For fire hazards,

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Regulation 6(7)(g) defines the "relevant occupier" to be a person aged 60 or

over.
D7.3.6 Section 2 of the 2004 Act states that a ""hazard" means any risk ofharm to
the health or safety ofan actual or potential occupier ofa dwelling...".
Therefore, an inspector undertaking an assessment of a dwelling must
calculate harm against the "relevant occupier" as defined in the FIRSRS,
regardless of the age or condition of the current occupier of a residential
building (if any).

D8 Statutory guidance
D8.1.1 This is guidance approved or endorsed by a specified Government Minister
(whether created by a Government department or not)to assist individuals in
complying with the Regulations and the Legislation. In order for guidance to
be statutory, it must also be created under powers invested in the Minister by
legislation.
1)8.1.2 As indicated in Table D.1, statutory guidance holds a special position in the
hierarchy of guidance. The following is an example using Approved
Documents:
"A failure on the part ofa person to comply with an approved document
does not ofitselfrender him liable to any civil or criminalproceedings; but
if in any proceedings whether criminal or civil, it is alleged that a person
has at any time contravened a provision ofbuilding regulations-
a) afaihire to comply with a document that at that time was approvedfor the
purposes ofthat provision may be relied upon as tending to establish
liability, and
b) proofofcompliance with such a document may be relied upon as tending
to negative liability."

D8.2 Fire Safety Design

1)8.2.1 Approved Document B(2013 edition)
1)8.2.2 This document provides statutory guidance for designers with respect to fire
safety in buildings. Its stated intention(ADB p5) "is to provide simple
guidancefor the most common types ofbuildings". Volume 2 ofthis
document addresses the fire safety design of high rise blocks offlats.
D8.2.3 Approved Documents are issued based on the powers assigned to the
Secretary of State by the Building Act 1984. The first edition of this
document was published in 1985 and addressed only Parts B2(Internal fire
spread (surfaces)), B3 (Internal fire spread (structure)) and B4(External fire
spread). Guidance to comply with Part B1 of the Building Regulations
(Means of escape) was provided in a separate document called the Mandatory

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Rules for means of escape, also published in 1985. Further revisions of ADB
occurred in 1992, 2000, 2002,2006, 2007,2010 and 2013.
D8.2.4 ADB provides specific guidance on how high-rise residential buildings should
be designed to comply with Parts B 1 to B5(please see Section D7.2.6) ofthe
Building Regulations. The design concept followed in all revisions of ADB
for residential buildings is based on the following assumptions:
a) "Thefire is generally in aflat
b) There is no reliance on external rescue (e.g. by a portable ladder)
c) Measures in Section 8(B3)provide a high degree ofcompartmentation
and therefore a low probability offire spread beyond thefiat oforigin, so
that simultaneous evacuation ofthe building is unlikely to be necessary;
and
d) Althoughfires may occur in the common parts ofthe building, the
materials and construction used there shouldprevent thefabricfrom
being involved beyond the immediate vicinity (although in some cases
communalfacilities existing which require additional measures to be
taken)."
D8.2.5 This design concept is commonly known as the "stay put" evacuation
strategy.

D8.3 Fire safety in operation

D8.3.1 Statutory guidance for complying with the HHSRS
D8.3.2 The DCLG has produced the following statutory guidance relating to the
background, implementation and enforcement ofthe HHSRS:
D8.3.3 Housing Health and Safety Rating System: Guidance for Landlords and
Property Related Professionals —
D8.3.4 The stated purpose of this guide is to assist non-specialists, in particular
private landlords, in understanding the process and outcome of an inspection
using the HHSRS method.
D8.3.5 This guide also provides an overview of the inspections and enforcement
processes. It highlights in particular the responsibilities oflandlords in
managing hazards in their properties.
D8.3.6 Guidance is also provided on the 29 different hazards identified in the
FIFISRS, how to identify them and a range of specific preventive measures
that can help mitigate the hazards.
1)8.3.7 Housing Health and Safety Rating System: Operating guidance

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D8.3.8 This document is to assist inspectors in how to implement the hazard rating
method defined in the HHSRS Regulations 2005.
D8.3.9 The operational guide discusses the factors that may be seen by an inspector
within a dwelling that may contribute to an increase or decrease in the
likelihood or health outcome of a fire.
D8.3.10 However, no guidance is provided on how those increases or decreases should
be reflected in changes made to the average values (presented in the guide)to
reflect the specific case of the building being inspected.
D8.3.11 Additionally, the guide is not clear how the likelihood of a fire occurring is
supposed to be modified when considering a deficiency in a building that may
affect more than one flat, such as the provision of non-compliant insulation to
a building facade.
D8.3.12 Housing Health and Safety Rating System: Enforcement Guidance
D8.3.13 This document is intended to help authorities decide which is the appropriate
enforcement action under Section 5 ofthe Housing Act 2004 and how they
should exercise their discretionary powers under Section 7 of the Housing Act
2004.
D8.3.I4 Section 2.8 ofthe Enforcement Guide(excerpted below) provides that
referrals from the fire and rescue service to be a relevant means by which a
hazard could be identified or confirmed as requiring investigation.
2.8 Authorities will need to prioritise inspections and in doing so may have regard to their
wider housing strategies and the individual circumstances of the case before them.
Local authorities may feel that priority should be given to complaints or referrals from
sources such as social services child protection teams, the police, the fire and rescue
authority and Warm Front [managers, and also from other occupiers, directly or
indirectly through local councillors.

D8.3.15 Section 4.19(excerpted below)confirms that any works undertaken to

comply with an Improvement Notice issued under the 2004 Act must also
comply with the Building Regulations, where relevant.

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Building Regulations
4.18 Satisfying the requirements of the current Building Regulations, the supporting
Approved Documents and relevant standards and Codes of Practices will usually
achieve the Ideal for the majority of hazards as described in the operating guidance.
In a few cases, the Ideal might be at a higher level than Building Regulations require.
In practice, the difference will be negligible and is extremely unlikely to result in
enforcement action.

4.19 Work to mitigate hazards may need to comply with the current Building Regulations
where major improvements are carried out, or windows are replaced. A house built
under the Building Regulations as a single family dwelling may need additional works
if it is to be used as an HMO. Where the Building Regulations will apply to the works
of improvement, separate approval will need to be sought by the owner.

D8.3.16 Section 5.9(excerpted below) provides guidance on timelines for remedial

works to be undertaken, with a minimum period of 28 days required to permit
an owner or occupier to undertake the required remedial works.

5.9 A notice cannot require remedial works to start within 28 days of the service of the
notice. Where a landlord has been asked to carry out works in more than one property,
consideration should be given to staggering start times to enable the landlord to
organise the work. As more than one hazard can be dealt with in the same notice, the
notice can specify different deadlines for completion of the various actions required,
allowing less time to tackle serious hazards and longer time for the less serious hazards.
This is reasonable and appropriate where all the hazards are sufficiently serious to be
the subject of an improvement notice. However, it might be more appropriate to deal
with lesser hazards by a separate improvement notice or a hazard awareness notice so
that they do not remain the subject of outstanding action.

D8.3.17 Statutory guidance for compliance with the Regulatory Reform (Fire
Safety) Order 2005
D8.3.18 DCLG Guide - Fire safety risk assessment — Sleeping accommodation
2006
D8.3.19 This guide was produced by the DCLG to assist employers, managers and
owners of premises providing sleeping accommodation, including high rise
blocks offlats. It was published under the powers of Article 50 ofthe
RR(FS)0.
1)8.3.20 The guide provides a five step risk assessment method to be followed in the
assessment of residential buildings. The following steps are identified:
a) Identify fire hazards
b) Identify people at risk
c) Evaluate, remove, reduce and protect from risk
d) Record, plan, inform, instruct and train
e) Review

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D8.3.21 Part 2 of the DCLG guide provides further guidance on fire risk assessment
and fire precautions. This part of the guidance also describes the design
recommendations provided in ADB for the design of residential premises and
links this to potential methods of mitigating non-compliances or elevated risks
through the provision of management or physical fire safety measures.
D8.3.22 DCLG Guide - Regulatory Reform (Fire Safety) Order 2005 - Guidance
Note No.1: Enforcement 2007
D8.3.23 A guide for Fire and Rescue Authorities in England to assist in understanding
their enforcement powers and duties under the RR(FS)0, and for the public to
better understand the intent of specific aspects of the Order. This guide is
published under the powers of Article 50 of the RR(FS)0.
1)8.3.24 It provides a description and plain-English explanation of the content and
purpose of each article ofthe Order.
1)8.3.25 Section 3 of the guide clarifies that:
"Me guidance isfounded upon current knowledge and legal advice. It must
however be accepted that any definitive interpretation ofthe Order will be
made by the courts."
D8.3.26 Sections 84 and 85 of the DCLG guide, discussing Article 17 — Maintenance,
confirms that:
"Occupiers ofprivate domestic premises in such buildings [e.g. purpose-
built flats] are required to cooperate with the responsible person where the
latter needs to maintain a commonfire precaution."
D8.3.27 Section 125 provides that the Order does not confer powers on inspectors or
enforcement officers to force entry into premises. However, Sections 149 to
151 ofthe DCLG guide confirm the ability to bring criminal sanctions against
responsible persons and/or any person committing offences for failure to
comply with the requirements and prohibitions imposed by the order.

D9 Guidance
1)9.1.1 Guidance documents are issued to assist in understanding how the relevant
Regulations could be complied with, and therefore the requirements of the
law. Guidance documents may be published by any organisation, and notjust
government departments.

D9.2 Fire Safety Design

1)9.2.1 Means of escape in case of fire 1967 amendment
1)9.2.2 This guidance was provided by London County Council as to how designers
could comply with Section 34 of the London Building Acts(Amendment)Act

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1939, i.e. the requirement that "... all such means ofescape therefrom in case
offire as in the circumstances ofthe case can be reasonably provided...". It
was the relevant design guidance at the time ofthe design of Grenfell Tower.
D9.2.3 Fire resistance ratings ofthe structure of buildings, and how to achieve it, was
prescribed by the Bylaws described in Section D7.1.1 and therefore no further
design guidance was published on this aspect of design.
D9.2.4 This document provides guidance on how to arrange high rise blocks offlats
in terms ofinternal layout of individual flats and the arrangement of means of
escape. The means by which protection from fire and smoke to people in the
building may be provided is also presented in this code of practice. This
includes requirements for fire resistance to protected corridors within flats,
flat front doors, escape corridors and stair enclosures and the provision of
smoke venting.
D9.2.5 This design guidance does not discuss the evacuation strategy that is assumed
to be the basis of the design requirements.
1)9.2.6 The 1967 amendment to this guidance is prefaced with a statement that
regulatory and guidance changes were underway with respect to fire safety
design in high-rise residential buildings. Therefore, any designer using the
1967 amendment was encouraged to discuss their designs with the local
building control body at an early stage.
1)9.2.7 Examination of the design of Grenfell Tower indicates that it was not in
accordance with the 1967 LCC code of practice. This is because under the
1967 LCC code of practice any building with a single stair and a floor higher
than 42ft. above ground would have required provision of secondary escape
routes via the roof or open balconies to stairs in adjacent buildings. Such
provisions were not made.
D9.2.8 Examination of the Grenfell Tower design concludes that it had been
undertaken in accordance with the British Standard code of practice CP3
Chapter IV Precautions against fire, Part 1 — Fire precautions in flats and
maisonettes over 80ft in height(discussed below). This was nationally
available guidance. The 1971 edition ofthe CP3 guide also became the
standard guidance for blocks offlats in London from the publication of the
1974 GLC Means of escape from fire guide. Therefore, it is possible that the
designers of Grenfell Tower discussed their design with the District Surveyor
of the London Borough of Kensington and Chelsea, who directed them to use
the CP3 guide.
D9.2.9 The 1974 edition of the LCC Means of escape in fire guide referred the reader
to CP3 1971 for the design of high rise blocks offlats.
1)9.2.10 British Standard Code of Practice CP3 1971
D9.2.1 1 The full title ofthis document is British Standard Code ofPractice: Code of
basic data for the design of buildings — Chapter IV: Precautions against fire —

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Part 1 Flats and Maisonettes (in blocks over two storeys). It was published in
1971 and amended in 1972, 1976 and 1978. The 1971 edition superseded the
1962 edition ofthe guide.
D9.2.12 This document provides guidance on how to arrange high-rise blocks of flats
in terms ofinternal layout of individual flats and the arrangement of means of
escape. The means by which protection from fire and smoke to people in the
building may be provided is also extensively discussed and presented in this
guide. This includes requirements for fire resistance to protected corridors
within flats, flat front doors, escape corridors and stair enclosures and the
provision ofsmoke venting.
D9.2.13 Measures required in blocks offlats to support fire fighting is also described.
1)9.2.14 As noted in Section D9.2, CP3 was not formally identified as a relevant
design standard in London until the 1974 publication of the GLC Means of
Escape from Fire guide. However, comparison of the design of Grenfell
Tower to the requirements of CP3 1971, as described in Section 4 of my main
report, indicates that it was the standard used.
D9.2.15 BS 9991 Fire safety in the design, management and use of residential
buildings — Code of practice(2011 edition)
1)9.2.16 The stated scope ofthis code of practice is:
"This British Standard gives recommendations and guidance on the design,
management and use ofthefollowing building types, to achieve reasonable
standards offire safetyfor allpeople in and around:
(a) dwellings(single-family dwelling houses, self-containedflats or
maisonettes);
(b)residential accommodation blocks (e.g.for students or hospital staff),
with individual bedrooms and the provision ofkitchen/sanitaryfacilities
constructed within afire compartment, accommodating not more than six
persons;
(c)sheltered housing and extra care housing.
It is not applicable to hotels, caravans/mobile homes, hospitals, residential
care/nursing homes,places oflawful detention, hostels or houses ofmultiple
occupancy."
D9.2.17 BS 9991 also states:
"Any user claiming compliance with this British Standard is expected to
be able tojustifi)any course ofaction that deviatesfrom its
recommendations."
D9.2.18 Therefore the combination of individual clauses from this code of practice
with any other forms of guidance would require justification to ensure that the
design includes all the required fire safety provisions relied upon by the code.

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D9.2.19 The stated assumptions ofBS 9991 with respect to fire safety in fiats and
maisonettes is as follows:
"(a)fire will occur within theflat or maisonette (e.g. not in a stairwell);
(b) there can be no reliance on external rescue (e.g. a portable ladder);
(c)theflat or maisonette will have a high degree ofcompartmentation and
therefore there will be a low probability offire spread beyond theflat or
maisonette oforigin, so simultaneous evacuation ofthe building is unlikely
to be necessary; and
(d) wherefires do occur in the common parts ofthe building, the materials
and construction used in such areas willprevent thefirefrom spreading
beyond the immediate vicinity (although in some cases communalfacilities
exist which require additional measures to be taken)."
D9.2.20 This design concept is commonly known as the "stay put" evacuation
strategy. Please refer to Section 4 of my main report for a detailed description
of the stay put concept.
D9.2.21 Please refer to Section D2 for a description of how compliance with the
guidance in BS 9991 contributes to a design complying with the Building
Regulations.
D9.2.22 BS 9999 Fire safety in the design, management and use of buildings —
Code of practice(2008 edition)
D9.2.23 This standard superseded the BS 5588 series of standards that are referenced
in ADB and provide more details on the design of specific aspects of building
design with respect to fire safety. However,BS 9999 2008 is a standalone
design guide for the design, management and use of buildings.
D9.2.24 The issue of combining different standards in the design of a building is
addressed in the foreword ofBS 9999 states:
"The concept behind the development ofBS9999 and BS 7974 is that
technical guidance onfire safety is provided at three different levels. This
permits a design approach to be adopted that corresponds to the
complexity ofthe building and to the degree offlexibility required. The
three levels are asfollows.
(a) General approach. This level is applicable to a majority of
building work undertaken within the UK.In this case thefire
precautions designed into the building usuallyfollow the guidance
contained in the documents published by the relevant government
departments to support legislative requirements.
(b)Advanced approach. This is the levelfor which BS9999 is
provided Guidance provided in this document gives a more
transparent andflexible approach tofire safety design through use of
a structured approach to risk-based design where designers can take
account ofvarying physical and humanfactors. Much ofthe

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guidance in BS9999 is based onfire safety engineering principles,

although it is not intended as a guide tofire safety engineering.
(c)Fire safety engineering. This is the levelfor which BS 7974 is
provided This levelprovides an alternative approach tofire safety
and can be the only practical way to achieve a satisfactory standard
offire safety in some large and complex buildings, and in buildings
containing different uses.
There might be circumstances where it is necessary to use one publication
to supplement another, but care needs to be taken when using a "pick-and-
mix"approach as it is essential to ensure that an integrated approach is
used in any one building."

D9.2.25 This standard is relevant to Grenfell Tower because BS 9991 (described

above)is explicitly not intended to address non-residential areas of a building.
Therefore, it is the guidance in BS 9999 that was relevant to the non-
residential areas in Grenfell Tower, e.g. the nursery, boxing club and
community meeting spaces.

1)9.2.26 Additionally, ADB references BS 5588-5:2004 as the relevant standard for

designing fire fighting shafts for non-residential buildings. As noted above,
BS 9999 superseded BS 5588-5 on its publication and, at the time of the
refurbishment of Grenfell Tower, represented the most recent design guidance
for the design of non-residential fire fighting shafts.

D9.3 Fire safety in operation

D9.3.1 Local Government Association — Fire safety in purpose built blocks of
flats - 2012

D9.3.2 This guide is intended to assist responsible persons of purpose built blocks of
flats to comply with the Regulatory Reform (Fire Safety) Order 2005 and the
Housing Act 2004. The guide therefore states that:
"Accordingly, it is expected that enforcing authorities will have regard to
this guide."
D9.3.3 This guide is broken into the following parts:
a) Part A: Safe as Houses? Fires in flats and their impact
b) Part B: Fire safety — How blocks offlats differ from other residences
c) Part C: The law governing fire safety in blocks of flats
d) Part D:Fire risk assessment
e) Part E: Managing fire risk — preventing fires
f) Part F: Managing fire risk — fire protection
g) Part G: Managing fire risk — ongoing control

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ON BEHALF OF: GRENFELL TOWER INQUIRY

D9.3.4 The LGA guide provides discussion of each of the points listed above and
gives specific examples to assist the reader in understanding their
responsibilities in accordance with the legislation.
1)9.3.5 Section 35 ofthis guide confirms that landlords are expected to need to access
individual flats in a block to undertake inspections of shared fire protection
measures. Section 82.4 explicitly notes the need to inspect flat entrance doors,
however it also states:
"Where leaseholdflats are involved, this will only be possible ifthere is a
legal right ofaccess, by means ofa condition within the lease to carry this
out.
D9.3.6 This is an apparent contradiction of Article 17(4) of the RR(FS)0 which
states:
"The occupier ofthe other premises must cooperate with the responsible
personfor the purposes ofparagraph (2)."
D9.3.7 Paragraph(2)of Article 17 ofthe Order deals with the making of
arrangements with occupiers of buildings in order to maintenance and repair
of general fire precautions in the building.
D9.3.8 Chief Fire Officer's Association — "Enforcers' Guidance" 2011 (revised
2015)
D9.3.9 This document is intended to provide enforcing authorities with a
standardised approach to the articles contained within the Order in the
interested of promoting consistency of application. Its full title is "Collected
Perceived Insights into the Application of the Regulatory Reform (Fire
Safety) Order 2005 For the Benefit of Enforcing Authorities".
D9.3.10 This guide provides an article by article description of the Order alongside
commentary and guidance on its requirements, duties and powers. Frequently
Asked Question sections are also provided listing questions that have been
asked about each specific article.
D9.3.11 The commentary on Article 17— Maintenance confirms that occupants of
single private dwellings may be considered as duty holders pursuant to the
Order and that they must cooperate with the responsible person. This section
also confirms that an owner of a private dwelling could be prosecuted under
Article 32(10) of the RR(FS)0, excerpted below:
"(10) Where the commission by any person ofan offence under this Order, is
due to the act or default ofsome other person, that other person is guilty of
the offence, and a person may be charged with and convicted ofthe offence by
virtue ofthis paragraph whether or no/proceedings are taken against the
first-mentionedperson."
D9.3.12 Appendix 1 of the CFOA guide provides specific and additional guidance for
the application of the Order to residential premises, including to private and

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SPECIALIST FIELD FIRE SAFETY ENGINEERING
ON BEHALF OF: GRENFELL TOWER INQUIRY

individual flats that are part of a larger building. Appendix 1 ofthe CF0A
guide lists some examples of what may be considered to be common areas as
follows:
"(e.g. common entrance hall, stairs, lift, corridors, gardens)"
D9.3.13 Appendix 1 also notes:
"Where the occupant ofaflat or bed-sit may exercise control over a
commonfire precaution, such as parts ofafire alarm system that extends
intofiats, or thefire resisting nature ofthefront door to theflat(which are
provided to protect the common means ofescape corridor), then the
occupant may be regarded as having duties under the [Regulatory Reform
(Fire Safety)] Order....
... Predominantly this will relate to maintenance requirements under
articles 17 and 38. The carrying on ofmaintenancefalls to the responsible
person but there is an expectation that the tenant will co-operate with him to
ensure that common safety systems are adequately maintained"
D9.3.14 In the discussion of Article 27— Powers ofinspectors, the CF0A guide
confirms that there are no powers offorced entry or seizure of materials
conferred to fire service staff by the Order, and therefore fire fighters acting
as enforcers of the RR(FS)0 cannot enter a dwelling without the consent of
the occupier. The FAQ for this section confirms that if a homeowner or
occupier does not provide the fire service with information when requested,
then it may constitute an offence under Article 32 of the RR(FS)0, and
therefore that homeowner or occupier could be subject to prosecution.
1)9.3.15 Protocol between Local Housing Authorities and Fire and Rescue
Authorities to improve safety
D9.3.16 This protocol was established in 2007 by the ChiefFire Officers Association
in conjunction with the National Landlords Association, the Local Authorities
Coordinators of Regulatory Services(LACORS),the National HMO Network
and the Chartered Institute ofEnvironmental Health. This protocol was
created to provide guidance to local authorities and fire and rescue services as
to the interrelationship between the Housing Act and the Fire Safety Order. It
was endorsed by the Under Secretaries of State for Housing and Fire Safety.
D9.3.17 The relevant Authorities around England were encouraged to apply the
protocol to make cooperation and coordination easier between the relevant
fire services and local authorities.
D9.3.18 The protocol sets out which authority is expected to take the lead in enforcing
fire safety standards in different types of residential accommodation under the
housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005. This
protocol indicates that the local housing authority would normally take the
lead enforcing role for fire safety in high rise flats.

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REPORT OF DR BARBARA LANE
SPECIALIST FIELD FIRE SAFETY ENGINEERING
ON BEHALF OF: GRENFELL TOWER INQUIRY

D9.4 Guidance - Fire Fighting

D9.4.1 The Fire Service has produced a range of guidance documents to assist with
training their staff as required by Section 7 ofthe Fire and Rescue Services
Act 2004.
D9.4.2 GRA 3.2 Fighting fires — In high rise buildings 2014
D9.4.3 The most relevant guidance for Grenfell Tower at the time ofthe fire in 2017
is Generic Risk Assessment 3.2 — Fighting fires in high-rise buildings,
published by the DCLG.
D9.4.4 This document was updated and republished most recently in February 2014,
which is the version of GRA 3.2 document that is currently available on the
UK Government website. Therefore, I assume this to be the current edition of
the guide and relevant to the operational planning and implementation ofthe
Fire Service response to the Grenfell Tower fire in June 2017.
D9.4.5 This guide provides the current operational guidance for all aspects of
approaching fire fighting and search and rescue operations for a fire in a high
rise building. Specifically it addresses:
a) Significant hazards and risks
b) Key control measures
c) Command and control at incidents
d) Automatic sprinkler systems
e) Firefighting lifts
0 Dry rising mains
g) Wet rising mains
h) Firefighting shafts
D9.4.6 Guidance is provided for pre-planning of incidents, operational tasks to be
undertaken at a fire incident and post incident issues.
D9.4.7 It includes several references to "stay put" evacuation strategies, and their
basis in effective compartmentation. Specific excerpts are provided below.
D9.4.8 On Page 17, the guide explicitly requires Incident Commanders(ICs)to have
contingency plans for particular premises covering, amongst other things:
"an operational evacuation plan being required in the event the "Stay Put"policy
becomes untenable."
D9.4.9 The section on competence and training on Page 20 requires training for high
rise incidents to be given to ICs, including:

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SPECIALIST FIELD FIRE SAFETY ENGINEERING
ON BEHALF OF: GRENFELL TOWER INQUIRY

"Incident commanders should understand when apartial orfiill evacuation

strategy might become necessary in a residential building where a "Stay Put"
policy is normally in place."
D9.4.10 The section on Command and Control at incidents includes guidance on Page
27 for Evacuation and fire survival guidance calls. This states:
"Where a "Stay Put"policy is in place, it should be safefor occupants to remain
within their own property in the event ofafire elsewhere in the building.
Occupants(ifthey are able to)should selfevacuate when thefire, heat or some is
adversely affecting them in their property. This may be as the result ofafire that
has started in their own property orfrom elsewhere in the building.
It should be noted that not all high rise residential buildings are designed or have
been maintained to have a "Stay Put"policy in place"
D9.4.11 The pre-populated example GRA matrix on Page 49 of the document also
explicitly includes a reference to a "Stay Put" strategy becoming untenable as
a risk in a high-rise fire.

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REPORT OF DR BARBARA LANE
SPECIALIST FIELD FIRE SAFETY ENGINEERING
ON BEHALF OF: GRENFELL TOWER INQUIRY

D10 Enforcement
D10.1.1 For each of the Acts of Parliament described above, Table D.4 sets out the
relevant enforcing agencies and a summary ofthe enforcement actions
available, as identified in each Act.
Table D.4: Summary of Enforcing agencies for relevant legislation
Year Act Responsible Enforcing agency Possible enforcement
party actions
I 9:;9 London Building Owner Sections 20 and 34— Refusal to permit buildings
13uilding Acts London County Council to be constructed.
(Amendment) (Greater London Council Prohibition of use of a
Act from 1963),subject to the building. Apply fines to
supervision of District offending parties.
Surveyors
1 97 1 Fire Precautions Occupier, Fire authority Requirements to make
Act Owner or alterations. Prohibition of
person having use of building. Apply
overall fines to offending parties.
management
responsibility
197-I Health and Employers, HSE Requirements to make
Safety at Work persons with alterations. Prohibition of
Act control over use of building. Apply
non-domestic fines to offending parties.
premises
1984 Building Act Building Owner Local authority Refusal to permit buildings
to be constructed. Forced
entry to buildings to
determine if an offence has
occurred. Apply fines to
offending parties.
2004 Housing Act Local housing authority Requirement to make
alterations. Prohibition of
use of building. Forced
entry to buildings to
determine the hazards
present and to determine if
an offence has occurred.
2005 Regulatory For completed buildings: Requirements to make
Reform (Fire Fire and Rescue authority alterations. Prohibition of
Safety) Order for the area in which the use of building. Apply
premises are situated. fines to offending parties.
For construction sites: The
Health and Safety
Executive

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