by Clair Mooney | 29 Jun, 2023 | Building Safety Act
The Department for Levelling Up, Housing and Communities has issued guidance which relates to the legal criteria for determining whether a building is considered a higher-risk building under the Building Safety Act 2022 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. It relates to the definition of higher-risk building during the occupation phase of the higher-risk regime only.
This guidance sets out the criteria for a building to be a higher-risk building during the occupation phase of the higher-risk regime. Higher-risk buildings are subject to the requirements of the new higher-risk regime directly overseen by the Building Safety Regulator (the Regulator).
Higher-risk buildings, for the in-occupation requirements under Part 4 of the Building Safety Act 2022 (the Act), are defined in section 65 of the Act and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (the Regulations).
The obligations in Part 4 of the Act largely apply to occupied buildings and this is, therefore, referred to as the ‘in-occupation’ part of the regime. To understand whether a building is a higher-risk building, the Act and the Regulations need to be considered together.
For the in-occupation part of the regime, higher-risk buildings are defined as buildings with at least two residential units which are at least 18 metres in height or have at least seven storeys. The definition of “higher-risk building” is only for the purpose of the new higher-risk regime. The definitions in the Act and Regulations do not amend definitions in other legislation or definitions of building in other parts of the Act, such as the definition of “relevant building” under section 117 of the Act which defines a ‘relevant building’ for the purpose of the leaseholder protections under sections 119 to 125 and Schedule 8 of the Act.
This guidance document includes the relevant text from the Act and Regulations with explanations and diagrams. It is a tool to help potential principal accountable persons and accountable persons determine if the building they are responsible for is a higher-risk building. This guidance and the specifics and circumstances of your building need to be considered by you when discharging your duties under the Act and the Regulations. Diagrams in this guidance document show examples of potential buildings and are for illustrative purposes only. You will need to consider the legislation carefully to understand whether you are responsible for a higher-risk building in scope of the higher-risk regime. You may wish to seek legal advice on this.
In addition to becoming a higher-risk building under the Act and the Regulations, your building may also be subject to other legislation and statutory duties, such as the Regulatory Reform (Fire Safety) Order 2005. You will need to work with the relevant dutyholders in the building to ensure it is safe.
by Clair Mooney | 15 Jun, 2023 | Building Safety Act
The lights are going out on fluorescents – so what should you do?
The UK Government plans to phase out of all types of fluorescent lamps under the Restriction of the use of Hazardous Substances (RoHS) directive by 2024.
For decades fluorescent lighting has been fundamental in illuminating installations such as offices, schools and factories. Throughout the years, these luminaires have evolved from the T12 fluorescent batten which incorporated switch start control gear, to the T8, T5 or Compact Fluorescent Lamp (CFL) which are controlled by a high frequency electronic ballast.
The improvement in technology regarding the starting and controlling of fluorescent lamps with electronic gear reduced the consumers electricity bills and reduced the amount of heat energy emitted by the “thicker” T12 style lamp.
However, the last ten years have seen the gradual replacement of the fluorescent luminaire with the more efficient Light Emitting Diode (LED) fitting. This will continue to be the case, as the UK Government has followed the European Union’s lead in recent years by implementing the RoHS legislation which has already seized the manufacture of the T12 type lamp and has a directive of stopping the production of the remaining styles of florescent lamps by 2024.
These lamps contain mercury gas, which has been banned in the manufacturing of products. However, an exemption was implemented for the production of the fluorescent lamp. These lamps will still be in circulation and available to purchase until the dates of September 2023 for the T8 and February 2024 for the T5 and CFLs, when the manufacturing of lamps will end.
Although the availability of the lamps may aid maintenance, manufacturers have slowed the production of electronic control gear and inverters as the demand for the LED luminaire has increased.
Specifiers, clients, duty holders and landlords etc should consider the above information when consulting with their electricians regarding the method of illumination that should be used in properties when existing fluorescent lighting is present, considering the problems that may arise for maintenance, in the future.
Source: https://select.org.uk/SELECT/Website/Professionals_News/2023/June/lights_going_out_fluorescents.aspx
by Clair Mooney | 14 Jun, 2023 | Building Safety Act, Main News Feed
FIS is aware of a report raised through CROSS (Collaborative Reporting for Safer Structures UK) that highlights a potential gap in understanding around testing of fire-resistant glazed doors and screens. The particular issue concerns the construction of the threshold in the supporting construction and the incongruence with typical threshold constructions on sites with raised access floors.
The report can be viewed on the CROSS website HERE.
CROSS is a confidential reporting system which allows professionals working in the built environment to report on fire and structural safety issues. These are then published anonymously to share lessons learned, create positive change, and improve safety.
by Clair Mooney | 26 May, 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 May 2023 version include:
- Updated guidance on the Safety Case which must be prepared by the Principal Accountable Person
- The latest information on the new building control system, including the Operational Standards Rules for Building Control Bodies and competence framework for Building Inspectors
- A link to the Independent Review of the Construction Products Testing Regime led by Paul Morrell OBE, Testing for a Safer Future
- A link to the guide on safety‐critical elements published by the CIOB in partnership with RIBA.
Build UK has also published a timeline showing when key changes are taking effect to support the implementation of the Building Safety Act. There will be further changes over the next 12 months, including the introduction of new regulations, and the timeline will be regularly updated alongside the guide to help provide clarity for members.
by Clair Mooney | 12 May, 2023 | Building Safety Act, Skills
The Operational Standards Rules (OSRs) will apply from April 2024 and set out the practices, procedures, and performance standards that the Building Safety Regulator expects from Local Authorities and Registered Building Control Approvers (RBCAs) in relation to their building control functions.
This is underpinned by monitoring arrangements that include key performance indicators and reportable data.
The OSRs can be found here.
Building Inspector Competence Framework (BICOF)
The Building Safety Regulator (BSR) oversees building control bodies (individual professionals, local authorities, and registered building control approvers). From Spring 2024 building control bodies and professionals must follow mandatory codes and standards for building control. All registered building inspectors, public and private sector, must demonstrate competence against the building inspector competence framework. It sets out the necessary skills, knowledge, experience, and behaviours required of individuals performing their role as a building inspector registered with the Building Safety Regulator.
The register will open in October, the framework can be found here.
FIS CEO Iain McIlwee commented:
“We are now starting to see the detail emerge into how the Building Control Process will function for Local Authorities and Registered Building Control Approvers (RBCAs). Looking at the expectations that the Building Safety Regulator is placing on Building Control to demonstrate competence is helpful as it gives us insight into how the direction of travel they expect for all Duty Holders and those give responsibility for compliance in the construction process”.
by Iain McIlwee | 28 Apr, 2023 | Building Safety Act
Last week saw the publication of The Independent Review of the Construction Product Testing Regime which was announced by government in April 2021 and was led by Paul Morrell OBE and Anneliese Day KC.
The purpose of the Review was to
- to identify any potential weaknesses in the system and
- to make recommendations for improvement.
It undertook a critical assessment of the system for testing and certifying construction products and how the system could be strengthened to provide confidence that construction products are safe and perform as labelled and marked.
It is a wide ranging report and recognises contributions from FIS. Key points to draw out include:
- Concerns remain over fragmentation and there is a greater focus required on how products work within systems and understanding responsibility
- Recommendatons around the definition of “safety critical products”, to include; Fire resisting construction (eg in compartment walls), including glazing, Class A1 material for shaft construction, Fire doors and doorsets, door closers, Cavity barriers, Fire resisting ceilings, Fire-stopping
- Regulations to be tightened to ensure all products have a “general safety requirement” and are embraced by the Construction Products Regulation, requiring them to report consistently on essential characteristics through adoption of the Declaration of Performance process.
- The need to strengthen enforcement and importance of getting behind the Code for Construction Products Information
- The call for a Standard to support assessment of performance to augment testing and scope
The report also touches on the suggestion of licensing for main contractors to help improve the safety culture. We are not expecting a formal response from Government to the recommendations, but they will inform the Building Safety Regulator as they develop the regulatory and enforcement landscape over the coming months.
You can view all the documents relating to the independent review led by Paul Morrell OBE and Anneliese Day KC here. FIS is currently working on an executive summary for members.
For all information related to helping members comply with the new regulatory requirements and the Building Safety Act here
