by Iain McIlwee | 30 May, 2022 | Main News Feed
Approved documents supporting compliance with the Building Regulations refers to an FD20 Fire Doorset in certain circumstances. This is no longer a commonly tested option with many manufacturers no longer testing to this standard and certification companies not offering 3rd party accreditation for FD20 products. In January this year, The Building Control Alliance took the decision to withdraw Technical Guidance Note 9 – Fire Doors in Dwellings in January 2022. This document set down a deemed to satisfy option that supported the determination of an FD20 based on the following descriptor:
It is still common for an FD30 fire rated door leaf to be installed in a site made frame without the installation of intumescent seals. Whilst this practice may not be directly supported by an appropriate fire test or independent certification, this method of installation has been widely accepted by building control (without objection from DCLG) as providing a sufficient level of protection to escape routes within dwellings.
NHBC has this month published, Technical Guidance note 6.7/19 – FD20 Fire doors (England and Wales) to clarify the situation with FD20 doors. The Guidance asserts:
Where a fire door is required by the building regulations, this includes the complete door assembly, whether assembled on site or delivered as a completed assembly, consisting of the door frame, leaf or leaves, essential hardware, edge seals and glazing, and any integral side panels. Together these components form the fire door, defined as a ‘fire doorset’ within the approved documents England.
Where the building regulations requires a minimum of a FD20 fire doorset and these are not available to purchase, a fire doorset capable of exceeding the minimum requirement should be selected, typically a FD30 fire doorset.
Where a FD30 fire doorset is purchased to meet a building regulation requirement to provide a FD20 fire doorset, the FD30 fire doorset must be installed in strict accordance with the manufacturers guidance to achieve the FD30 fire doorset performance, in order to ensure the minimum FD20 requirement is met.
From the 1st July 2022 NHBC will only accept fire doorsets which meet the requirements of the building regulations. Separate door frames and doors which have not been tested together will not be acceptable.
The full Technical Guidance Note is available to view on the NHBC Website here.
by Iain McIlwee | 27 May, 2022 | Building Safety Act, Main News Feed
If you’ve had a go at reading the Building Safety Act, well done!! It was described to me this week as a Lawyers Paradise, it is a complex document that cross references a myriad of different Acts and Secondary Regulation and particularly the latter is yet to be fully written. We’ve even seen the documents like The Building (Higher-Risk Buildings) (England) Regulations 2022 (which included the provisions for how the Gateways are to be set out) temporarily withdrawn because they developed alongside the passage of the Building Safety Bill, but now don’t reflect the final Act, due to the number of amendments that the Government agreed to.
I spoke to the Regulator (HSE) at a Giri event this week and we talked about timings of the Gateways, the official timeline is looking at October 23 for the introduction of Gateway 2 and 3, but she went on to emphasise the gateways are about proving to the regulator you are compliant. But, the Act is in force now and ultimately the question we need to answer is “am I certain this building meets the functional requirements of the building regulations when it comes to structural and fire safety and will do for the next 15 years”. The Gateways are hard stop points that reassures the regulator that “construction won’t start until….” and “occupation will not happen until….” respectively. There is a lot of detail in “until”, but at it simplest it is “Construction won’t start until we know what we are about to build is designed to be safe and we have effective controls in place to ensure design is achieved” and “Occupation won’t happen until you can convince the Building Inspector that that is what you did”. They are also about information management to ensure that the buildings can be managed safely – we need to start thinking of the O&M Manual as something that is alive in the building than hidden in a drawer.
We’ve been exploring this all with members and colleagues across the wider construction sector, what it could mean in terms of timings and the order of things and when we need to be ready to work on the consultations around secondary regulations. One thing that has definitely been missed by some is that it is not just about residential work it is about working on buildings that are deemed higher risk. A lot falls into scope based on the premise that if the building is greater than 18m and has more than 2 dwellings in it, the entire building is in scope. So if you are working on a commercial building with a couple of penthouse flats on top, it is in scope (regardless of the fact your work may not touch those residential properties). The best guidance I have read so far is contained in the Guidance on Collaborative Procurement (link below), this includes some useful Q&A’s. We are working on our own core guidance and will be fleshing this out over the coming weeks, but if you have any questions don’t hesitate to get in touch and we’ll do our best to unpick things for you.
As an indication of where the problems might be, we can look to the lessons from Gateway 1, where HSE has raised fire safety concerns on planning applications for more than half of the higher risk buildings for which applications were made under the planning gateway one process. Whilst sadly much of this will be genuine areas of concern, others will be undoubtedly be fraggles in the process.
I remain convinced that the new Gateways are a force for good, they make single stage procurement processes less attractive and put the right emphasis on design development, pre-construction and change control as well as competence and planning, but there will inevitably be some pain in this and we do recommend you start looking out for any clauses that push the cost of delay into the supply chain where there is limited ability to control – remember this is start/stop do a failure to comply could leave e.g. a 12 week hole in a programme. FIS is picking this up with our legal advisors.
Department for Levelling Up, Housing and Communities Guidance on Collaborative Procurement
FIS high level summary of the Building Safety Act and what we know so far
by Clair Mooney | 26 May, 2022 | Main News Feed
ISG is the latest FIS member to adopt the Common Assessment Standard for its pre‐qualification (PQ) requirements.
ISG’s Head of Supply Chain Rob Scriven commented that “removing the burden of administration and eliminating inefficient practices is a win for us all”. ISG joins a growing list of organisations using the Common Assessment Standard, and members of the supply chain can now obtain just one certification from any of the four Recognised Assessment Bodies ‐ Achilles, CHAS, Constructionline and CQMS ‐ in order to tender for work with them.
The Common Assessment Standard has two levels of certification ‐ desktop and site‐based ‐ and companies should apply for the appropriate level depending on their trade, size and the requirements of their clients.
FIS CEO Iain McIlwee stated: “It is encouraging to see members getting behind the CAS. We talk about waste in construction all the time, but at the heart of our industry there is a pointless duplication of effort built around competing PQQ processes. Pre-qualification in principle should save us time and efforts to standardise and adopt a common approach are to be applauded”.
What this means for FIS Specialist Sub contractors:
When working for ISG they will not be specifying a specific PQQ process you will be able to use any of the four recognised CAS assessment tools in order to qualify for work.
FIS ran a webinar on the benefits of the Common Assessment Standard in February 2022
Linked news: May 2022
Common Assessment Standard updated to reflect UK sanctions list
by Clair Mooney | 25 May, 2022 | Main News Feed
The CICV is calling on the Scottish Government to intervene and help address concerns raised by Scottish construction businesses over the introduction of the new UK Conformity Assessed (UKCA) mark.
The unique alliance’s Post-Brexit and Trade Group has written to Business Minister Ivan McKee (pictured above) requesting assistance as CICV businesses grapple with new UKCA conformity assessment and certification arrangements that replace CE Marking after 31 December this year.
The UK Government is introducing a new “UK Conformity Assessed” mark for goods placed on the market in Great Britain from 1 January 2023. Ministers seek new powers to end the recognition of CE Marking in favour of UKCA Marking in the recently passed Building Safety Act.
CICV has highlighted the deep frustration among manufacturers and importers that there is at present no route to accept historic test data and reports from EU Notified Bodies for use in complying with UKCA Marking.
This poses a particular problem, it says, for goods in relation to the Assessment and Verification of Performance (AVCP) System 3. If manufacturers and distributors want to continue selling their goods in Great Britain, they have to be re-tested and certified by an accredited UK Approved Body.
The CICV is concerned at the lack of progress between the UK Government and individual companies, trade associations and certification and testing bodies to prepare properly.
It argues that there is insufficient testing capacity and capability for manufacturers to have their goods assessed and certified for the British market, using UK-based Approved Bodies, by the end of this calendar year.
The letter says: “There are simply not enough approved companies or qualified people to conduct the huge number of assessments and certifications required to gain UKCA Marking in time.
“For example: there are no UK Approved Bodies able to test:
- insulation: most types of pipe insulation and duct insulation;
- trench heating: most types for residential, commercial & municipal buildings;
- renders: several types of synthetic renders and render-based brick slips;
- glass: several types of coated and laminated glass inc. mirrors;
- plastic pipes: several types of thermoplastic pipes for underground drainage.
“For other goods, there are scant few UK Approved Bodies available:
- radiators: only one approved company whose entire annual capacity is fully booked;
- fire doors: only two approved companies for smoke leakage tests;
- sealants: only one approved company – most tests take up to 3 months to allow for curing.”
The CICV says that with continued uncertainty about as-yet-unknown future regulations, large capital costs for SMEs to invest in more or new equipment and facilities and next-to-no time available to find and train specialist staff, there is little appetite for businesses to take the plunge.
The letter says: “Whitehall has told businesses to prepare for the end of CE Marking on 31 December 2022. Legislation is required but the Department for Levelling Up, Housing and Communities (DLUHC) cannot give a firm date for this.
“The risk is that faced with ongoing difficulties – like higher raw material, energy, labour and transport costs and other inflationary pressures – businesses do not bother, hoping somebody will come up with answers in time.”
It continues: “CICV says the situation is fast becoming serious for British manufacturers who are already spending hundreds of thousands of pounds on testing to both UK and EU standards. With eight months to go, there are too many unresolved questions about post-2023 arrangements.
“The preferred solution is for ministers to pause now that the Building Safety Act is on the statute book and take heed of what industry is telling them. The CICV view is that deferring the 31 December 2022 date is obvious and necessary and UK ministers should move quickly to say so and dispel uncertainty.
“Drafting the statutory instruments to bring in new provisions is critical and must be done correctly to avoid unintended consequences that harm British businesses. It is sensible and pragmatic to delay the secondary legislation to allow business to prepare properly.
“If the situation described is not resolved (and soon), the logical conclusion is that goods cannot be sold after 1 January – and construction, housebuilding and property RMI will slow down or stop.”
The letter concludes with the CICV asking the Scottish Government to recognise the concerns expressed and to see if there is scope within devolved powers to assist. “Any representations you can make to the UK Government on our behalf would be gratefully appreciated”, it adds.
Alan Wilson, MD of SELECT, the representative trade body of Scotland’s electro-mechanical sector, and who chairs the CICV, said: “With this submission to Mr McKee we are hopeful that that the Scottish Government can bring its influence to bear on this matter and allay the well-founded fears of CICV members.”
by Clair Mooney | 23 May, 2022 | Main News Feed
In this landmark marketing report, NBS and Glenigan deliver the results of their first joint marketing survey, the ‘Construction Manufacturers’ Marketing Index’.
The report covers:
- Trends for using particular channels or tools
- Differences in approach within the industry and how it compares with other industries
- Experiences and methods used by different companies
- Marketing budgets – and how they are being applied across marketing channels
It also contains people’s perceptions of marketing in construction, and what the future marketing landscape could look like for the industry.
FIS Chief Executive Iain McIlwee said:
“It is ever more interesting to compare how communication is developing. Design and specification continues to evolve almost as fast as the channels and methods open to reach them – it isn’t getting any easier to target information in the right format in order to win and protect specifications. It is great to be collaborating with Glennigans, NBS and other leading trade bodies to deepen our understanding and help better target resources of our members”.
This report is incredibly valuable to those supplying products to the construction industry: a way of benchmarking your marketing against others and, perhaps, learning something new that you can apply in the year ahead.
by Oscar Venus | 20 May, 2022 | Main News Feed
As you will have no doubt seen in recent news, the Government has announced it will introduce legislation to fix the Northern Ireland Protocol, which will act as a safeguard should the UK be unable to agree proposals with the EU through negotiations.
The legislation being introduced would remove customs processes for goods moving within the United Kingdom. It will allow businesses to choose to follow either UK or EU regulations under a dual regulatory approach, removing barriers to goods made to UK standards from being sold in Northern Ireland and cutting the processes that drive up costs and disincentives businesses. The legislation will fix issues so that people in Northern Ireland can benefit from the same tax and spend policies as everyone else in the UK. The UK has also made clear that goods which are destined for the EU will continue to undergo full processes applied under EU law as they do now and apply safeguards to avoid non-compliant products entering the EU Single Market.
You do not need to take any action now as we will continue to operate within current “standstill” arrangements, meaning you can move goods in exactly the same way as you do today, including existing grace periods and easements. Furthermore, you can continue to trade frictionlessly across the island of Ireland. The UK Government will be working closely with businesses as the new arrangements are developed and will communicate how any changes will work well before any changes come into effect.
Office for Product Safety and Standards