21/05/2021
FIRE DOORS - HOW SAFE ARE WE?
Fire has always been one merciless killer.
This statement is further justified by the unceasing occurrence of fire incidents in our country wherein the numbers according to statistics (provided by the Fire and Rescue Department of Malaysia) have only risen over the years.
As the construction of high-rise buildings has been growing rapidly, naturally, the safety of the users in the building is of utmost importance. The existing by-laws governing fire safety in buildings are provided in the Uniform Building By-Laws 1984 (UBBL 1984) under the Street, Drainage and Building Act 1974. There are active and passive fire protection systems that must be complied with before a building is given the Certificate of Fitness for Occupation (CFO).
Fire door is one of the passive fire protection systems being in existence to create/protect an escape route through a building during a fire breakout. A unique function of the fire doors is to compartmentalize fire, stop flames and smoke from spreading between sections of the building.
For a fire door to serve its purpose, door closers are required to assure it remains closed at all times. Fire doors, however, may be held open provided that the “hold-open device” incorporates a heat-actuated device to release the door in the event of a fire.
Although a building is said to have complied with the UBBL 1984 for a CFO to be issued, at many times, such compliance is not maintained after issuance of the CFO. Very often, the failure to maintain can be seen such as defective doorknobs, fire doors being left open or not being able to be fully shut, or being obstructed by objects. This is a clear example of borrowing an umbrella when it is sunny and taking it back when it rains putting the lives of occupants at risk.
In order to curb such a risk, the Fire Services Act 1988 clothed the Director-General with authority to request abatement of any possible fire-hazard; failing which such party will be in breach of the Act and shall be liable to the sanctions provided therein. The Fire Safety Division under the Fire and Rescue Department of Malaysia is created to ensure the active and passive protection system requirements in all premises have duly complied.
In the case of Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee 2003 1 MLJ 273 (Court of Appeal, Kuala Lumpur), the unsafe premises claimed the lives of several children due to a fire outbreak. The Court of the first instance found that the school (“first defendant”) in renting the premises owed a duty of care to the pupils and that the local authority (“second defendant”) in its capacity as a landlord and a local authority was equally liable for the deaths caused.
Being dissatisfied with the decision of the Sessions Court, the first defendant appealed to the High Court wherein the Court hearing the appeal dismissed the first defendant’s appeal and reverses the decision against the second defendant.
The first defendant further appealed to the Court of Appeal wherein the Appellate Court found that the local authority whose duty it is to enforce compliance of the UBBL 1986 did not comply with those very By-Laws when letting out the building and made clear that the law of tort imposes a duty of care on a defendant who assumes responsibility to perform professional or quasi-professional services for a plaintiff who relies on those services. The Appellate Court upon hearing the case restored the order of the Sessions Court and found the second defendant liable.
The Court’s decision may have accorded the aggrieved party with some sort of remedy however precious lives are dependent on the safety of the building. There is only so much regulation can do but if the maintenance of these safety features is not abided with, the lives of the occupants are not adequately protected and in the end, no matter how advanced technology is, we will be left with the question: how safe are we?
written by
Louis Ling
21 May 2021
KUALA LUMPUR: A fire broke out at an apartment in Bandar Bukit Jalil on Thursday (April 22) night, engulfing two units.