Fire Safety Services Laws and Ethics - Essay Example

FIRE SAFETY SERVICES LAWS AND ETHICS ----COMPARATIVE STUDY OF THE UK AND UAE CONTENTS Introduction UK Fire Safety Law………………………………………………………….1 Ethical Values…………………………………………………………………4 Role of Professional Practitioner……………………………………………..6 Fire Law & Globalisation………………………………………………………….6 Fire Safety Law UAE…………………………………………………8 References: FIRE SAFETY & SERVICES UK Introduction: Political authorities have always been interested in devising laws and implementing them for the welfare, safety and protection of the people as well as for the maintenance of peace and harmony within the social set up. “The rule of law respects us as equals. It allows us to organize our lives, plan our futures, and resolve disputes in a rational way.” (Rule, 2008) History is replete with the examples of societies from the most primitive to the most modern ones which strived and made hard efforts for the rule of law. “Law for Plato”, Tamanaha submits, “was the reflection of the divine order consistent with the good that intended to eliminate injustice and prevailed stability within society.” (2004: p 9) The same is applied with the present day legal systems prevailing in various regions of the world that have been articulated for the best interests of general public; fire safety law of the UK is also among such legal frameworks. Fire Safety Order 2005 UK: Fire Safety Law has been introduced for the security of the people from being victim to the breaking of fire, and training them regarding taking up immediate measures in order to avoid the grave consequences of the sudden fire eruption. “The purpose of the Fire Safety Act is to educate and encourage persons and communities to apply the principles of fire safety so as to prevent fires, preserve human life and avoid unwarranted property loss due to the destructive forces of fire.” (2002, c. 6, s. 2) Fire safety law encompasses commercial and business areas, which does not apply on residential areas of society. Fire Safety Order 2005 applies on the employer of some business premises, self-employed individuals having control of the premises, and organisations responsible for the maintenance of some specific building, area or premises. In addition, the law is also applied on the managers, executives, employees and persons responsible for look after of the premises. Sec 3 (a) and (b) define the responsible persons within a business place accountable for fire fighting and controlling. According to the provisions of law a responsible person means: “(a) In relation to a workplace, the employer, if the workplace is to any extent under his control; (b) in relation to any premises not falling within paragraph (a)— (i) the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or (ii) the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.” Hence, the UK law delegates the entire powers to the private entrepreneur and state is somewhat free from fire prevention responsibilities. But it does not mean that the state stands as indifferent from the afflicted area altogether. On the contrary, it is the state that performs its obligations on the basis of assessment made by the responsible person defined in FSO. In addition, Section 4 of fire safety order (FSO) discusses fire precautionary measures taken at the critical situation, which includes availability of the means and methods for the detection of fire eruption, as well as warning tools to avoid outbreak of fire and evasion from the losses in men and material in case fire has broken out. Section 11 of FSO describes the principles of precaution to be applied in case fire has broken out in any premises. According to this section, the person(s) responsible for fire control must apply immediate and appropriate arrangements for assessing, planning and monitoring the entire situation created in the aftermath of fire break out. The buildings must have a safe passage through which the affected persons could be given a safe and sound exit. The fire fighting tools must be in proper functioning, so as to evade the delay in fire control. Fire Law and Globalisation: Globalisation has not only brought significant changes in its wake, but also it has revolutionised the life patterns in almost all parts of the globe. It has left indelible imprints on economy, politics, social values, marketing and commercial activities, and the world looks to be one great village. The policies made and the law devised in one part of the world is cited as precedent in other regions of the globe. Often taken as mistakenly, globalisation is not confined to the economic activities or commercial transactions; rather, the same can be observed while closely monitoring the political, social, economic, technological and environmental schemes, strategies and activities, where the policies and laws of the developed nations are imitated and followed as the role model for the developing and third world countries. The same is applied with the field of law, where policies are being made, devised and amended keeping in view the legal policies of the advanced countries. Since the United Kingdom has been the leader of the globe in respect of introducing legal policies and statutes of law, it is aptly followed by the rest of the world at large. The following statutes of the English Fire and Safety Act have got popularity all over the globe: It has become a universal rule that the responsible person(s) will make the premises, under their control, completely safe and secure for commercial activities and residential purposes. Appropriate precautionary measures must be considered while constructing, renovating and utilising any building. There must be a comprehensive rescue plan in every building, in case of emergency, to assure the safe exit of the people at large. The responsible person(s) must have direct and immediate access to the first aid and other relevant services to provide the people with immediate relief and medical care. Setting up of emergency process is essential The equipments must be updated and in apposite position, so that the responsible persons could take complete advantage of them to provide the people with best possible services. A courageous, gallant and devoted team consists of brave and loyal professional fire fighters must always be ready to overcome any perturb or uneven situation. The above-mentioned rules are not confined to the UK only; rather, they have obtained universal acceptance and applause in the aftermath of globalisation. The same is the case with United Arab Emirates. Ethical Values: Fire safety order vehemently lays stress upon ethical obligations of the responsible persons under the precarious situation of fire eruption. Since fire instructors are thought to be the most efficient individuals, they are thought to be leading their staff at the eve of fire breakout. “Fire service instructors set the example for all fire fighters to follow in terms of performance excellence. As such, they must remain true to the direction set by upper management and supportive of the mission as defined by the fire chief.” (Jones & Bartlett, 2008: p 7) Moreover, FSO looks for rescuing the people from fire without discrimination. It is perhaps in human nature that sense of superiority in one’s own group prevails in mind. Therefore, man belonging to one social or religious group can experience feelings of hatred from the members of other groups. Throughout history, people have set forth systems of rules and laws which excluded others – other clans, other races, other sexes, other religions, etc. The Economist (1995) also indicates the same in these words: “Historically, man has expanded the reach of his ethical calculations, as ignorance and want have receded, first beyond family and tribe, later beyond religion, race, and nation. To bring other species more fully into the range of these decisions may seem unthinkable to moderate opinion now. One day, decades or centuries hence, it may seem no more than “civilized” behaviour requires.” (Quoted in Matt Ball, 1995) Not only in a region where different races live, but also in all the areas and professions ethical values certainly carry weight. Hence, it is the moral obligation of the fire fighters to save the individuals without taking into consideration his race, ethnicity, gender, religion or socioeconomic status. The individuals belonging to different ethnic, socioeconomic and cultural groups are living as well as working in various fields and professions in big cities of the world. To regulate the activities related to all the professions, each and every culture and society identifies different sets of laws to maintain peace and harmony, and it also applies in professional ethics in the occupation of fire fighting. Professional ethics refers to the rules and regulations, based on ethical values, prescribed to define the patterns of professional behaviour. This behaviour supports to describe and illustrate rights and obligations of individuals to some specific sort of work. “Ethics is”, according to Thomson Gale, “the branch of philosophy that defines what is good for the individual and for society and establishes the nature of obligations, or duties, that people owe themselves and one another”. The ethics are among the social norms, values and mores prevailing in the contemporary society. “Ethics has developed”, the Columbia University Press views, “as people have reflected on the intentions and consequences of their acts. From this reflection on the nature of human behaviour, theories of conscience have developed, giving direction to much ethical thinking.” Multicultural understanding must be the order of the day in the modern contemporary age. Fire safety services have got a significant boost in the UK, and people have become more aware of the precautionary measures for protecting their lives and property from the emergency situation caused due to the outbreak of fire and other calamities. FSO aims to ensure fire safety at community, industrial and commercial levels. “Your responsibility is to ensure the safety of everyone who uses your premises and anyone in the immediate vicinity.” (Mather, 1999: p 5) Ethical Responsibilities of a Professional Practitioner: The role of a professional practitioner has got an imperative significance under such a changing global environment. The obligations of a fire practitioner have multiplied in this age of globalisation, where new policies are being introduced according to the latest changes being made in the fields of science, information technology, business activities and political scenario. The same is applied in fire fighting services. The construction of huge buildings, shopping marts and plazas, expansion of corporate sector, growth of multinational set ups and construction of industrial zones have multiplied the responsibilities of the fire fighters. Their professional activities and ethical responsibilities have accelerated in this age of technological advancements. The new social establishment seeks multicultural world, where people belonging to different racial, regional and ethnical background offer their duties and perform their obligations under the same roof. Consequently, it is the ethical responsibility of the fire fighters that they should treat all people equally without taking into consideration their race, religion, ethnicity, sect, gender, age and socioeconomic status. Not only a fire practitioner should be ethically and morally responsible regarding his duties and obligations, but also he must be well equipped with all the professional skills and technical know-how of his work. He must be courageous and devoted while showing his commitment to his work, and never prefer his comfort to his obligations. He must be aware of all the possible ways of rescuing the people in case of emergency. He must be innovative, creative and attentive and should never hesitate to jump into the high flames along with his technical equipments and professional skill, because he is accountable for hundreds of human lives, to whom he has been hired to save. Civil Defence Services UAE: Globalisation maintains many advantages for the developing countries, particularly in the fields of economics, business and legal maters. In the UAE, developers usually follow the US standard law for their fire protection regularities. On the contrary, engineers adopt the same policies introduced by the British legal system. Consequently, the fire safety law is regulated under the department of civil protection. Since UAE is the federation that consists of seven independent kingdoms, all the seven kingdoms imitate the same laws introduced and devised by the federation. Since the UAE is not a republic, nor it is a democratic state; so all the laws developed and introduced in the kingdom are completely on the discretion of the ruler. Nevertheless, the UAE maintains a common constitution, which delegates powers and authority to various ministries for the smooth running of the affairs of the government. The same is applied in respect of civil defence department that comes under the ministry of police and civil defence. “Civil defence in UAE must take all measures necessary to prevent disasters and limit their consequences. It is responsible for fighting fires, organising assistance, rescue, preventing risks and the functioning of alarm systems over all the territory.” (Civil Defence Directorate UAE) Since fire prevention and safety come under the fold of civil defence, no separate statutes of laws have been implemented for fire risk prevention. Even then, the civil defence department concentrates upon proper training of the individuals working in different departments of civil defence including public works, rescuing, risk management, mutual co-operation and others. “The U.A.E. Civil Defence is based on the Civil Defence Council and General Directorate of Civil Defence and Civil Defence Regional committees in each Emirate.” (icdo.org) Unlike the British Law, where employers and self-employed are responsible for overcoming fire eruption, the police are responsible for controlling calamities including fire and others. Quick information team (Q.I.T.) takes the charge in the UAE in case of any emergency. Furthermore, environment agency also works under the civil defence department that issues certificates to the newly constructed buildings after making complete inspection and on the basis of the satisfaction of their quality control team. The governments of the UAE also arrange training sessions to the fire fighting staff that encompasses different departments related to civil defence. “The Civil Defence Institute organises training sessions and courses on the various subjects relating to civil defence activities with the aim of improving the participants’ knowledge of the protection of persons and property.” (icdo.org) Ethical Impact from Case Study: A Fire in an Apartment Block in Abu Dhabi Accidents and mishaps are essential parts of everyday human life, which can never be avoided completely. Though laws have been devised and policies have been introduced to evade fire breakout, yet the incidents take place time and again in different parts of the world. The same happened in Abu Dhabi, where fire erupted immediately and spread in the entire building, and smashed up a large part of the adjacent buildings too. The fire fighters displayed extreme professionalism while offering their services. The rescue team took over twenty five hours to overcome the situation. They put their lives at stake and displayed extreme gallantry and professionalism to save the people and the building. Being a highly populated building, people from all corners of the world had been settled in Abu Dhabi for corporate activities. Consequently, Black Africans, Red Indians, Europeans, Asians and Australian citizens were caught up in the tower. Not only these people belonged to different regions and races of the world, but also they belonged to divergent religious beliefs, sects and ethnic groups. The authorities never instructed the professional fire fighters save the lives of the individuals belonging to their own nation or religion. On the contrary, the authorities commanded the fire fighters to save the lives and belongings of everyone present and struck in the fire. Hence, the courageous and professional fire fighters could be seen in rescuing the Africans, Chinese and Philippians by putting their own lives at stake. The gallant deeds shown by the professional fire fighters would always be remembered as the great service of humanity. The incident has become a sign of universal sacrifice, gallantry and brotherhood, which has given the professional ethics new meaning of life and service. References: Ball, Matt (1995) A Theory of Ethics. Quoted in Veganoutreach.Org. Columbia University Press Jones & Bartlett (2008) Fire Service Instructor: Principles and Practice ISBN-13: 9780763749101 p 7 http://www.jbpub.com/catalog/9780763749101/ Mather, Graham. (1999) Fire Safety Regulations UK. Official Journal of the European Communities. Volume 42 (Retrieved from http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:1999:341:SOM:EN:HTML) Rule, Stan. (2008) Rule of Law. (Retrieved from http://rulelaw.blogspot.com) Tamanaha, Brian Z. (2004) On the Rule of Law. Cambridge University Press London p 9 Investors World. Globalisation (Quoted in http://www.investorwords.com/2182/globalization.html) http://www.gov.ns.ca/legislature/legc/statutes/firesafe.htm http://www.syfire.gov.uk/fire_safety_legislation_8BAA486E499D4D8DB987AF306CD642D7.htm The Windsor Tower Fire, Madrid. (Quoted in http://www.mace.manchester.ac.uk/project/research/structures/strucfire/CaseStudy/HistoricFires/BuildingFires/default.htm) http://www.syfire.gov.uk/E771C336713F47829A7374F75B9D026B.html United Arab Emirates: General Civil Defence Directorate (Quoted in http://www.icdo.org/pdf/struc/uae-en.pdf) Changing Face Of The Legal Profession In India In The Era Of Globalization (Quoted in http://www.legalserviceindia.com/articles/lprof.htm) http://www.efka.utm.my/thesis/IMAGES/4MASTER/2007/2JSB-P/prashantma051011d07ttt.pdf APPENDIX I CASE STUDY Helicopters, cranes used to rescue trapped in fire-hit Abu Dhabi building By Rayeesa Absal, Staff Reporter Last updated: September 20, 2008, 22:22 Abu Dhabi: A massive fire broke out in a building in the Khalidiya area in Abu Dhabi on Saturday afternoon, civil defense officials told Gulf News. The fire erupted in the eighth floor of a nine-storey building and quickly spread to the other floors and a nearby building. Civil defense and rescue officials rushed to the site, trying to douse the fire. Two floors of the building were already gutted while rescue teams were trying to save trapped people, when going to press. At least six people were saved from the balcony of an apartment on the eighth floor. Some five people were airlifted by the police and more are still trapped in the building. Technical glitch According to an eye witness, Mousa Alavi, who resides in a nearby building, the fire started at around 4.15 pm. "I saw smoke rising from the building and then heard police sirens and a helicopter," said Alavi. "It is then I realized that the building was on fire." Although the civil defense personnel arrived within few minutes, a technical glitch was preventing them from putting out the fire, Alavi said. "After about one hour the fire spread to the ninth and the fifth floor of the building and after sometime it spread to a nearby building", he added. Hundreds of onlookers had by then gathered around the building to witness the rescue operations. "Around six people, all Filipinos, were gathered on the balcony of the 8th floor and were shouting for help," said Sudheer Mohanan, a resident in the area, who witnessed the drama unfold. "Civil defense teams used a crane to reach the balcony and rescue them. No sooner had the men descended from the crane, when the balcony went up in flames." When contacted by Gulf News, one hour after the fire, a senior rescue official said the police alerted all security personnel that the fire is much bigger what was initially believed. Airlifted to safety At least two helicopters were used to rescue trapped people while dozens of fire fighters continued to fight fire for hours. One of the helicopters airlifted three people while the second rescued two people who have been taken to the Shaikh Khalifa Medical City for treatment. Read More