European Court of Justice Judgment on free standards

European Court of Justice Judgment on free standards

In a recent appeal heard at the European Court of Justice (Case C-588/21 P), the Court ruled that four harmonized standards form part of EU law and access must be freely available without charge.

The Court decided that there is an overriding public interest in free access to harmonized standards that have been cited in the Official Journal of the European Union (OJEU). Although the case related to just four standards, in practice it is likely to apply to future requests for access to all harmonized standards that have been cited in the OJEU.

BSI is now working with CEN, CENELEC and the other members of CEN and CENELEC to understand the implications of the judgment. They will look at how the judgment can be delivered whilst ensuring the future sustainability of the standards system.

If you have any queries on the ECJ ruling please send them to ECJqueries@bsigroup.com

FREE British Standards for FIS SME Members

Sign up now for exclusive access to 100 British Standards. Eligible companies will receive access to the British Standards upon registration.

Access the standards

See full details and access the standards

CROSS reports potential problems with the application of passive fire protection products

CROSS reports potential problems with the application of passive fire protection products

FIS is aware of two recent reports raised through CROSS (Collaborative Reporting for Safer Structures UK) that highlight potential problems with the application of passive fire protection products.

One issue relates to the use on sealants with CPVP pipes (sprinkler pipe) which can apply to fire stopped pipe penetrations whereby the sealant or firestopping product used can cause failures over time which require repair and downtime of the sprinkler system. Additionally, it is possible that these failures could manifest only at such a time where the active fire suppression systems are required, and that the firestopping at the location of the penetration could itself fail in the event of a fire due to a difference between the site condition and the test condition.

FIS has previously published guidance on this which can be found here, and the CROSS report can be found here.

The second report deals with assumptions being made about the fire protection of steel supporting members within fire rated timber joist supporting floors. In these cases steel beams are not being protected with intumescent coating as it is assumed that the fire resistance of the floor encompasses the steel beams despite the absence of test evidence demonstrating this.

The CROSS report can be found 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.

FIS responds to Welsh Government consultation regarding changes to Approved Document B

FIS responds to Welsh Government consultation regarding changes to Approved Document B

FIS has responded on behalf of, and in conjunction with the views of it’s members to a consultation from the Welsh Government regarding changes to Approved Document B this week. The proposed changes were broadly similar to the changes that we saw to ADB in England at the end of 2022, but also encapsulated the consultation on the removal of National classifications for Fire Resistance and Reaction to Fire from ADB.

We re-asserted our position strongly highlighting the downsides of removing national classifications for fire resistance without provisions around the gaps that exist in the EN testing regime and a sensible timeframe, that is consistent with our previous position paper from the English consultation last year (https://www.thefis.org/wp-content/uploads/2023/03/FIS-Position-paper-on-Omitting-National-standards-from-ADB-March-2023.pdf). Our response to other issues such as the ban on use of combustible materials in and on external walls of buildings and other areas where more clarity is required were consistent with the English changes seen at the end of 2022 and the views of our colleagues at the Construction Products Association.

If you would like to see the full text of our response, please contact jamesparlour@thefis.org

New Passive Fire Knowledge Group develops knowledge shares to support compliance

New Passive Fire Knowledge Group develops knowledge shares to support compliance

A new set of resources looking at penetrations and compatibility were launched today at London Build by the Passive Fire Knowledge Group (PFKG), a collaborative construction forum (co-chaired by FIS Technical Director Joe Cilia).

The PFKG brings together contractors, consultants and relevant trade associations established to encourage collaboration and improve the delivery of well designed, specified and installed passive fire protection by focusing on three key areas: Process, Testing and Education.  The group aims to investigate, understand, inform and promote knowledge and research in all areas of passive fire protection and support compliance through the supply chain with the Building Safety Act.

The new resources have been developed to support compliance in the supply chain and cover:

  • Knowledge Share 1 – MEP Service Positioning And Separation Within Compartment Walls
  • Knowledge Share 2 – Wall Compatibility Checks
  • Knowledge Share 3 – Shaft Walls & Services Penetrations
  • MEP Services Penetration Seals Best Practice Design And Specification

The resources are available to download from the PFKG website here : https://pfkg.org/reports-2/

Inadequate and incomplete fire stopping leads to safety risks

Inadequate and incomplete fire stopping leads to safety risks

CROSS Collaborative Reporting for Safer Structures UK (CROSS-UK) are the body used by Government to report safety issues to ensure information about safety issues in construction are shared with the sector. They recently published the following report.

Following numerous compartmentation surveys in residential flats, inadequate and incomplete fire stopping of cables and services have been regularly observed as they pass through compartment walls. These appear to be either as part of the initial build or following subsequent installations after premises occupation.

Inadequate fire stopping around cables and other penetrations

FIS together with ASFP and GPDA have developed a labelling initiative to ensure that follow on trades and engineers installing cables don’t simply pass their services through the compartment wall before investing how to carry out the work compliantly.

This link will take you to a short article, written by FIS Technical Director Joe Cilia, How do we ensure that fire walls forming compartmentation don’t fail because additional cables and pipes are installed through the wall post occupancy

More information on the Fire Labelling Scheme is available here: Fire Labelling

The artwork for the labels can be downloaded from https://www.thefis.org/fis-fire-tape-2022-no-crops/

UK Government overlooks construction in extension of CE mark use

UK Government overlooks construction in extension of CE mark use

The Department for Business and Trade announces an indefinite extension to the use of CE marking for UK businesses, but DLUHC (who regulate Construction Products) have indicated that this extension will not apply to construction products.

The Department for Business and Trade (DBT) has announced today a package of smarter regulations designed to “ease business burden” that includes recognition of the CE mark in the UK beyond the 2024 deadline.  This means British firms will be able to continue the use of CE marking alongside UKCA in perpetuity.  But, FIS have been informed that this easement relates only to the 18 sectors that fall under DBT – it does not apply to construction products.

Announcing the change Business Minister Kevin Hollinrake stated:

“The Government is tackling red tape, cutting burdens for business, and creating certainty for firms – we have listened to industry, and we are taking action to deliver.  By extending CE marking use across the UK, firms can focus their time and money on creating jobs and growing the economy.”

DLUHC have indicated to the Construction Products Association (who are leading representation on this matter through the Construction Leadership Council) that recognition for construction products will continue until 30th June 2025 ONLY.  The rationale offered is that the Government remains committed to ensuring the testing regime for construction products is effective and inspires public and market confidence.  DLIHC have indicated that they will set out their proposals for reform of the construction products regime in due course.

Commenting on this announcement FIS CEO Iain McIlwee stated:

“The logic is hard to follow here.  All the arguments about red-tape, business burden, avoiding cliff edges and refocussing on innovation and growth that apply are replicated, even magnified, in the construction sector.  The unnecessary re-testing of product that transitioning to UKCA necessitates is a waste of resource and, particularly in the case of fire safety, precious furnace time.  The Government talk about pragmatism, but this is not extending to construction and that is disappointing and frustrating in equal measure.  I only hope that “due course” considers, but doesn’t conflate the need to focus on product safety, which is a very separate and significantly more important issue to address.”

You can read the full announcement here.