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FIS Responds to Consultation on Omitting National Standards from ADB

FIS Responds to Consultation on Omitting National Standards from ADB

by | Mar 17, 2023 | Building Safety Act, Technical

FIS has today responded to the the Department for Levelling Up Housing and Communities (DLUHC) consultation on changes to the guidance in England using Approved Document B (ADB).  This consultation includes the recommendation to remove national classes using the BS476 series as a method of demonstrating compliance.

The reason behind the change is that potential flaws in Approved Document B and the use of the national classification standards for Reaction to Fire and Fire Resistance were identified in both the Building A Safer Future work and during the Grenfell Inquiry.  As part of this, it was highlighted that the BS476 series standards have not been reviewed by the British Standards Institution (BSI) in detail for some time (typically over 20 years) whereas the European equivalents continue to be updated on a regular basis.

Through an extensive consultation with members concerns have been raised that this approach would be more problematic when looking at Fire Resistance.  Here manufacturers have been more heavily reliant on testing to British Standards.  This test evidence would all be rendered defunct by the proposed change and a substantial programme of retesting will be required to support the determination of products and systems commonly used today.

Click here for a fully copy of the FIS Position Paper and Response to Consultation on Omitting National standards from ADB March 2023

You can see a full copy of the consultation which closes on the 17th March here.  Please do consider adding your own response.

Building Safety Guide Updated

Building Safety Guide Updated

by | Mar 9, 2023 | Building Safety Act

Build UK has updated its comprehensive guide, to the building safety regime to reflect the latest secondary legislation and guidance that has been published. Changes in the March 2023 version include:

Described as “the most straightforward and comprehensive piece of guidance around this issue”, the Build UK guide is designed to ensure all members are aware of their responsibilities, the new bodies that will oversee the regime, and the reforms to existing legislation which may extend liability. The next update will be published in early April.

The Register of Higher‐Risk Buildings and what it means for us

The Register of Higher‐Risk Buildings and what it means for us

by | Feb 23, 2023 | Building Safety Act

The Higher‐Risk Buildings (Key Building Information etc.) (England) Regulations, which introduce the requirement for Principal Accountable Persons to register Higher‐Risk Buildings, will come into force on 6 April 2023. Existing Higher‐Risk Buildings must be registered before October 2023 and the Regulations set out the specific information that will need to be provided to the Building Safety Regulator in an electronic format within 28 days of applying to register a building.

A significant amount of information will be required, including the materials used in the structure, roof and external walls; the number of staircases; the fire and smoke control equipment in the building; and the type of evacuation strategy. Detailed guidance from the Building Safety Regulator is expected to be published shortly with full implementation of the Building Safety Act completed by October 2023.

Commenting on this incoming requirement, FIS CEO, Iain McIlwee stated:

“This is an important development and underpins the need for better information management in the sector.  For our members, the critical takeaway is that we need to ensure that we are documenting effectively decisions and recording as built.

This hunt for live information has uncovered problems and we are starting to see a growing number of legacy claims hit the press.  Within these Design Development elements in the contract are front and centre and proving critical.  For projects moving forward, clarification and qualification of design details needs to be an element of pre-construction that should happen at tender stage, not on the site under time and cost pressure.”

FIS is running a Building Safety Act session at our Conference in London on Monday 27th February where we will be looking at common problems, what the inspector will be looking for and how we deliver the Golden Thread.  We also have a detailed introducton to the Building Safety Act here that includes a number of tools designed to support compliance, including our new Guide to Developing a Competency Management Plan and Quality Management Toolkit.

For advice and guidance on spotting traps and understanding design liability issues (including how to avoid being the accidental designer) visit the FIS Contractual and Legal Toolkit.

FIS position on omitting National Standards from ADB

FIS position on omitting National Standards from ADB

by | Feb 9, 2023 | Building Safety Act, Technical

Government in the UK* through the Department for Levelling Up Housing and Communities (DLUHC), is consulting on changes to the guidance in England using Approved Document B (ADB).  This consultation includes the recommendation to remove national classes using the BS476 series as a method of demonstrating compliance.

The reason behind the change is that potential flaws in Approved Document B and the use of the national classification standards for Reaction to Fire and Fire Resistance were identified in both the Building A Safer Future work and during the Grenfell Inquiry.  As part of this, it was highlighted that the BS476 series standards have not been reviewed by the British Standards Institution (BSI) in detail for some time (typically over 20 years) whereas the European equivalents continue to be updated on a regular basis.

What this means for the Finishes and Interiors Sector
Currently, in England, the Building Regulations allow performance for Reaction to Fire and Fire Resistance to be declared through Classification using European standards.  In these standards, Reaction to Fire is classified as class A, B etc and Fire Resistance e.g. for non-load bearing walls as Integrity (E) and Insulation (I).  This is currently the preferred methodology for performance declaration in the current edition of the ADB.

The Classification process enables the use of a set of clearly defined rules (called “extended applications”) to determine scope of performance.  A classified system supports compatibility of products and is particularly helpful when considering interfaces and products being used to build a system.  Classification allows test evidence to be readily compared (e.g. standard wall constructions that contain dampers to protect penetrations around ducts which have not necessarily been tested in that configuration or the configuration of doorsets within walls).

The Regulations currently also allow performance to be declared for Reaction to Fire and Fire Resistance using test evidence by using BS476 series test standards.  The results of the tests are expressed using National Classes; in the case of Reaction to Fire they are described as Class 0 etc and FR minutes for Fire Resistance.  It is this element that Government are now proposing is removed.

Are there any concerns with this approach?
In Scotland they have already moved to the European classification system for Reaction to Fire.  The Scottish Regulators are awaiting the outcome of the English consultation before deciding on what to do regarding Fire Resistance.

So far, consultation with members (and experts from the wider sector), indicates that there is broad support for England to follow suit and omit the national classes for Reaction to Fire and adopt the European Classification system wholesale.

There is, however, some concern that this approach would be more problematic when looking at Fire Resistance.  Here manufacturers have been more heavily reliant on testing to British Standards.  This test evidence would all be rendered defunct by the proposed change and a substantial programme of retesting will be required to support the determination of products and systems commonly used today.

There are also gaps in the European test standards such as for partial penetrations (where they are currently not covered by a test standard) and external walls (BS 8414 is a national standard and as such is not listed in EN13501 series).  Currently this is addressed using BS tests, Ad hoc tests or assessments using test evidence in accordance with the PFPF Guidance – it is not possible to provide a European Classification by these means.

Designers currently rely heavily on these Ad hoc tests or Assessments using test evidence and rules set down by the Passive Fire Protection Forum (PFPF) Guidance to determine scope and meet the alternative provisions when tested to the relevant parts of BS476 set down in ADB.  This approach does not support Classification in accordance with BS EN 13501-2, furthermore current references in ADB require the exclusive use of classification and do not permit test standards in isolation to determine performance.

Wall systems and fire doors have been identified as key areas which will be greatly impacted by this change and a 12 month transition period has been proposed to allow changes to the new regime to be implemented.

The concern remains the impending lack of evidence (in the right format) may impact the ability of schemes to get through Gateway 2.

Where the difference between National classes for fire resistance and classified systems using EN standards can currently catch you out
Estimators and buyers should be aware that the permissible method to determine fire performance may differ depending on the descriptions used in the tender documents.  Getting this wrong could mean installation may be deemed non-compliant against the specification.

Although the BS EN 1364-1:2015 test and the BS 476: Part 22: 1987 tests have some similarities, and Approved Document B gives a parity between the two test methods this doesn’t mean a parity of specification i.e. a 60mins specification tested to BS 476 would not necessarily pass a 60mins test to BS EN 1364-1, there are differences in the standards and the major ones are:

a) Insulated thermocouples specified in EN 1364 series tests result in a longer build-up of the temperature before the test commences.
b) The furnace pressure is slightly more onerous in the BS EN 1364 series tests.
c) BS 476-22 makes no allowance for the partition height above its tested evidence.

To allow for these, system manufacturers have had to develop different detailing so that the specimen will pass the BS EN 1364-1 test which will impact both material and build costs.

You should always check what test evidence or performance class, or classification is required at the costing, scheduling and material ordering stage and that this information is clearly communicated with the site to ensure a complaint build and avoid costly disputes and remediation.

FIS opinion on the proposed changes
We agree with the general direction of travel which has been evident over the last two revisions of ADB and a consistent rules based approach will address any of the ambiguity that may have existed.

However, we are concerned that the unintended consequences of restricting evidence from ad hoc testing and structured assessments, where neither can define a classification, will lead to delays at Gateway 2 and 3 and potentially issues in demonstrating compliance on jobs across the wider sector. Until an approach on the matter can be agreed then interim arrangements will be necessary.

In addition, the current capacity and facility to test is unlikely to meet the demand to meet the Governments 12 month transition period.

Both of these substantial issues should be considered before making a decision to make these changes.

Next steps

The relevant passages from the consultation are copied below and a copy of the full consultation can be read here

To ensure that FIS can provide a considered response to the consultation please let have you views on the following questions.

Consultation questions for the removal of national classifications

Question 13 – Do you agree that the national classifications for reaction to fire should be removed from Approved Document B? [Agree/Disagree]

Question 14 – Do you agree that the national classifications for fire resistance should be removed from Approved Document B? [Agree/Disagree]

Question 15 – If you disagree, what evidence can you provide that outlines why the national classifications are still required. [Free text]

Question 16 – Do you agree that there should be a transitional period of twelve months? [Agree/Disagree]

Question 17 – If you disagree, how long should the transition period be and what is your evidence to support a longer or shorter transition period? [Free text]

Question 18 – Please outline any concerns you have about the withdrawal of the national classification with regards to fire resistance including potential impacts, such as on the fire door industry. [Free text]

In addition, can you please let us know how many tests would you need to carry out in order to offer classified fire resistant systems.

You can respond directly, but please do keep us informed of your views so we can include in the FIS response and surrounding discussions with stakeholder groups and Civil Servants by completing this poll here (no later than Monday 20 February).

We will hold an online meeting at 11:30 on Friday 10 March to hear your views before submitting our formal response.

To attend please email or if you have any questions, please email me joecilia@thefis.org or calling 07795 958780.

* The equivalent republic of Ireland consultation can be found HERE, interestingly this seperates new build and refurbishment.

Consultations launched to support Building Safety

Consultations launched to support Building Safety

by | Feb 6, 2023 | Building Safety Act, Main News Feed

The Health and Safety (HSE) and Building Safety Regulator (BSR) have recently launched several consultations and research in connection with building safety.

Professional Conduct Rules for Registered Building Control Approvers (RBCAs)
The BSR will be operating as part of the HSE from April 2023. Building control professionals will have to register with the BSR to perform building control work in England. The professional conduct rules sets out standards of professional conduct and practice that registered building control approvers are expected to meet.

The professional conduct rules are mandatory principles of conduct and standards applying to all who wish to register with the BSR as Registered Building Control Approvers (RBCA) in the private sector.

The HSE are seeking views on the proposals and the consultation closes on 17 February 2023.

Draft Code of Conduct for Registered Building Inspectors
Building control professionals will have to register with the BSR to perform building control work in England. The code of conduct sets out standards of professional conduct and practice that registered building inspectors (RBIs) are expected to meet.

The code of conduct are mandatory principles of conduct and standards of behaviour for RBIs, whether they work in the private or public sector.

HSE are seeking views on the proposed code of conduct and the consultation closes on 17 February 2023.

Managing Building Safety
The BSR is inviting views on their information document that highlights the necessary competency for those managing high risk buildings (HRBs), including a summary of the recent British Standard, publicly available specification (PAS):

  • PAS 8673:2022 Built environment – Competence requirements for the management of safety in residential buildings – Specification

 The consultation will close on 24 April 2023 and can be found here.

Building Safety Competence Information for Principal Contractors and Principal Designers
The BSR is inviting views on their information document that highlights the necessary competency for the new principal designer and principal contractor roles, including a summary of the recent British Standards, publicly available specifications (PAS):

  • PAS 8671:2022 Built environment – Framework for competence of individual Principal Designers – Specification
  • PAS 8672 Built environment – Framework for competence of individual Principal Contractors – Specification

 The consultation will close on 24 April 2023 and can be found here.

HSE Research Project – Accountable Person and Principal Accountable Person
The HSE has commissioned an independent research agency, Kantar Public, to interview people working in private and public sector housing organisations who will be an Accountable Person or Principal Accountable Person; will make decisions about the role; are knowledgeable about the role; and/or who will work on important aspects of the role (such as building registration, resident engagement and complaints handling).

All interviews will be conducted by independent, experienced researchers at Kantar Public. For further information or to register your interest to participate in this research, please email marios.zampetis@kantar.com

FIS Sector Guide puts competency and building safety under the spotlight

FIS Sector Guide puts competency and building safety under the spotlight

by | Jan 30, 2023 | Building Safety Act

With the construction sector under ever-closer scrutiny in relation to competency, a new Sector Guide – Competency Management Plans has been launched by the Finishes and Interiors Sector (FIS) to assist organisations in the improvement of quality and safety and ensure they meet new regulatory requirements.

This new Sector guide – Competency Management Plans will provide examples and signposts to available information and assist organisations in improving quality and safety whilst at the same time ensuring that they meet the requirements of legislation and avoid any enforcement penalties.1  The guide aims to address the regulatory regime as part of the long-awaited Building Safety Act which sets out clear duties and responsibilities for those who commission, design, construct and refurbish higher-risk buildings as well as those responsible for ensuring buildings are safely managed when occupied.

A Competency Management Plan is a critical document for any organisation working in the finishes and interior sector of the construction industry and must be embedded within the culture of the business and embraced within any quality management process.

The guide has been produced by FIS and is designed to contextualise and help to structure and improve existing processes.  It is structured to help form a strategy for assessing competence and provides guidance to suggested CMP content including organisational and occupational competence, functional requirements, creating job descriptions, competency and training plans, appraisal process and succession plans.

Commenting on the guide, Iain McIlwee, Chief Executive of the FIS said:

“The Building Safety Act has become law and we need as a sector to ensure we have robust processes in place to meet the exacting competency requirements.  This new FIS sector guide will provide the necessary guidance to enable organisations to formulate a Construction Management Plan, which will be key to progressing through the relevant gateways and ensuring the Building Safety Regulator can allow a project to proceed.”

In addition to the availability of the new Sector Guide – Competency Management Plans, FIS has been working with My Professional Pass (MPP) to help support a universal approach to competency passports in the sector. The FIS Competency Passport system will store, retrieve, view and monitor training and qualification achievements of individuals and records of experience. Individuals registered with MPP, self-employed or directly employed can give organisations access to their records.

The Sector Guide – Competency Management Plans is freely available from the FIS website here https://www.thefis.org/skills-hub/competency/

 1 At the time of writing penalties have not been published for failure to comply with the Building Safety Act, but consultations on this and enforcement associated to wider changes to the building regulations are taking place.