www.theguardian.com/uk-news/2020/jan/27/grenfell-tower-inquiry-companies-passing-the-buck-on-responsibility?CMP=Share_iOSApp_Other
Grenfell cladding maker 'knew it fell below safety standard'
Arconic was aware panels were being used on tower and were unsuitable, inquiry is told
The company that made the cladding panels on Grenfell Tower knew in 2011 they were “not suitable for use on building facades” and performed worse in fire tests than declared on safety certificates, a public inquiry into the disaster has heard.
On the opening day of the second phase of the inquiry into the blaze that killed 72 people, bereaved relatives and survivors heard claims that Arconic knew the fire performance of its Reynobond polyethylene-filled panels was below the minimum required for facades in Europe. The panels went on to be used on Grenfell with the knowledge of the multibillion-dollar US conglomerate and “its representative was pleased when its product was selected”, the inquiry heard.
Claude Wehrle, an Arconic official, explained in internal emails in June and July 2011 how the fire rating of the panels had dropped to class E from class B and they were therefore “unsuitable for use on building facades” in Europe. But, he said, “we can still work with regulators who are not as restrictive”.
The panels were later fitted on Grenfell during its refurbishment between 2014 and 2016 and the first phase of the inquiry last year concluded they were the primary cause of the spread of the fire.
The second phase of the inquiry will examine decisions taken in the months and years before the fire, its immediate aftermath and the role of the UK government.
Listening in the seats reserved for the bereaved and survivors, were Nabil Choucair, who lost six members of his family, Karim Mussilhy, who lost his uncle and Marcio Gomes, who led his pregnant wife and their two daughters to safety from their 21st-floor home.
The Arconic emails were introduced by Marcus Taverner QC, counsel for Rydon, the main contractor, who said: “Arconic continued to use the [class B] certificate to promote sales of Reynobond and did so specifically in the case of Grenfell Tower.”
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In 2015 Wehrle said in another email that Arconic’s Reynobond panels filled with combustible polyethylene were “dangerous on facades and everything should be transferred to fire retardant as a matter of urgency”. Wehrle added that he recognised his opinion was “technical and anti-commercial”.
The inquiry also heard that Celotex, the company which made the combustible insulation which lay behind the cladding panels, was concerned in 2013 about how it would behave in a fire when used with cladding panels.
A Celotex official emailed colleagues in November 2013: “Do we take the view that our product realistically shouldn’t be used behind most cladding because in the event of a fire it would burn?”
Rydon sought to argue that, while it was the main contractor on the project, it worked with other experts and subcontractors and that civil liability and “moral culpability” must be considered in the light of how different parties met their contractual obligations. It said the architects, cladding subcontractor, fire engineer, building control or the landlord were involved in drawing up the specification, but none said that “using Reynobond PE or Celotex RS5000, either individually or together, posed a risk to the health and safety of the occupants of Grenfell Tower”.
Earlier the packed inquiry room in Paddington, west London, heard from Richard Millett QC, the counsel to the inquiry, that almost all the organisations responsible for refurbishing the tower were refusing to accept any responsibility for the disaster. They had, he complained, engaged in “a merry-go-round of buck-passing”.
Millett revealed the architect, contractors, cladding manufacturer and others had made statements to the inquiry about their role in the disastrous refurbishment which contain “no trace of any acceptance of any responsibility for what happened at Grenfell Tower”.
“Not from the architects, the contract managers, the main contractor, the specialist cladding subcontractors, the fire safety engineers or the TMO [tenant management organisation],” Millett said, adding that in every case “it was someone else’s fault
A member of the public reading these statements would be forced to conclude that everyone involved in the refurbishment of Grenfell Tower did what they were supposed to do and nobody made any causative mistakes,” he said.
“Save for RBKC [the Royal Borough of Kensington and Chelsea] and to a lesser extent Celotex, each core participant who played a material part in the refurbishment of Grenfell Tower has laid out a detailed case for how it relied on the work of others and how in no way was the work it did either substandard or non-compliant.”
RBKC admits it failed in its duty as a building regulator, the inquiry was told.
Millett said it did not ask for comprehensive details of the cladding system including the crown – an architectural feature that was instrumental in spreading the fire – and failed to identify that the insulation materials or the cladding panels were not of limited combustibility.
“They accept that building control should not have issued a completion certificate as it did on 7 July 2016,” Millett said.
Millett warned the corporates not to treat the inquiry as a dress rehearsal for other possible criminal or civil actions.
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“Those who escaped from the burning building with their lives and lost loved ones are owed at least an honest and complete account from those witnesses who are in a position to explain what happened,” he said.
Studio E, the architect, said it believed the building regulations were not fit for purpose, it did not know that the materials it selected were in breach of building regulations and materials manufacturers provided safety testing data that “misled designers to consider that their products were safe”. It said it was building services engineers Max Fordham, another consultant, which proposed the use of combustible insulation and that Rydon had the power to change the materials, but said its position was “not an attempt to pass the buck”.
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“Studio E will listen carefully,” the architect firm said. “The company wants to understand and learn, however painful that may be.