Fire Engineers discuss fire risk appraisal of external wall construction

Organised collaboratively between the Institution of Fire Engineers (IFE), Department for Levelling Up, Housing and Communities (DLUHC) and the Royal Institution of Chartered Surveyors (RICS), an event exploring PAS 9980 was organised for fire safety professionals to increase their understanding and share knowledge of the standard featured experts from across the fire safety sector.

The conference was opened by Dame Judith Hackitt explaining the motivations behind PAS 9980 and how it will help deliver a more risk proportionate approach to life safety issues.

This was followed by a session led by Steve Daws and Neal Butterworth who were part of the standard’s authoring team and provided insights into its development, reiterating that PAS 9980 provides confidence to competent assessors that they are working within a framework and gives legitimacy to them acting proportionately and highlighting that training on the use of PAS 9980 could develop as the standard is used more often and lessons are learned.

The remainder of the day featured case studies from a series of industry specialists who shared real-world application of PAS 9980.

the IFE said that the key message which echoed throughout focused on PAS 9980 helping to move away from a simplistic view that combustible cladding equals high risk which equals a need for replacement and removal of material. Instead, assessors should be looking at systems as a whole, weighing up different factors and taking a proportionate view. Panellists were also clear that not all buildings will need a Fire Risk Appraisal of the External Wall (FRAEW) where the external wall system is inherently or demonstrably low risk and some buildings may only need a basic assessment.

The event discussion with fire engineer representatives commenting that reports in line with PAS 9980 methodology may vary in length and detail depending on circumstances, and that there are no plans for a pro forma.

Discussions concluded that crucially reports must be clear for Responsible Persons to understand the risks so a decision on actions can be made accordingly. This may include suggestions of alternative fire mitigation actions that could be taken to make the building safer that are not needed immediately to make the risk tolerable.

Peter Wilkinson, IFE Technical Director, said: “We were delighted to work on this event with DLUHC and RICS and it was an incredibly popular topic with the event selling out in no time at all. The standard gives more clarity and consistency to how the rules should be applied and a clear framework within which professionals can operate with more confidence, and it was great to explore this in more detail at the event and hear first-hand experience of using it from sector experts.”

Gary Strong, RICS said: “We welcome the publication of PAS 9980, which we were involved in the development of, and for the first time a consistent methodology. Time will tell over the next two years how it gains adoption in the market, and I do hope it develops naturally into a full BS standard. In the meantime, sharing experiences and knowledge in its application is essential.”

Cladding crisis: landmark ruling puts liability on building contractor

The High Court in London has delivered a landmark judgment that establishes legal liability for remedial safety work on buildings in a ruling that could help resolve one of the biggest unanswered questions from the Grenfell Tower fire.

In a ruling last week, Mulalley & Co, an Essex-based contractor, was ordered to pay damages towards the cost of removing cladding it had fitted to four residential tower blocks in Gosport on the south coast of England which had been deemed to unsafe after the Grenfell blaze.

The ruling marks is the first time financial liability for remediation work on unsafe cladding has been established in court. It is thought that the outcome could have far-reaching ramifications for leaseholders, building owners and contractors in England.

Andy Hulme, chief executive of housing association Hyde Group which brought the claim via its subsidiary Martlet Homes against Mulalley, said the case had ‘massive implications for the market’.

He said it should help unblock disputes between leaseholders living in blocks fitted with flammable cladding and the buildings’ owners over who should pay to have it removed.

“It’s the first time a contractor has been held accountable for the quality of work and the materials they have used,” he said. ”Based on this case we now know where the lines of accountability lie.”

The court has yet to decide what the extent of the damages will be. According to Financial Times Hyde is looking to recoup as much as much as possible of the £8mn it spent fixing the blocks.

Criminal proceedings are expected to follow. Ahead of the inquiry laying out its conclusions, the High Court’s ruling could provide a legal precedent and a new path for leaseholders and property owners to recoup the costs of fixing blocks found to be unsafe in the aftermath of Grenfell.

Mary-Anne Bowring, a fire safety expert and group managing director at property consultant Ringley Group, said of the ruling is: “A landmark that gives hope to millions of residents living in unsafe buildings by opening the potential for legal action against other construction contractors who installed unsafe cladding”.

She added: “However, it is not enough to simply expect developers and housing associations to launch further legal action off the back of today’s judgment in order to recover the money spent on fixing unsafe buildings.”

Trade association calls for stricter pipework fire safety checks

The Building Engineering Services Association (BESA) and the Thermal Insulation Contractors Association (TICA) have issued a joint statement raising questions about the suitability of pipework that is normally used for underground and buried applications, such as primary heating networks, that is now being deployed inside buildings.

The statement calls this a “fundamental change in product application” and takes the products outside the scope of the quality standards that are normally applied to their performance.

They explain that building services pipe insulation specifications typically reflect the requirements of BS 5422 to ensure full compliance with the Building Regulations. However, pre-insulated pipework systems typically use either PUR or PE insulants, which do not meet the fire performance criteria typically specified for buildings.  

The joint statement said: “In addition, the one-size-fits-all approach to insulation thickness typically undertaken by manufacturers of pre-insulated pipework simply does not allow for the required flexibility to meet individual specification requirements.”

Both associations have highlighted concerns over the use of coiled flexible polyethylene insulated piping systems. “We have increasing evidence that these systems are being installed in high-risk buildings, such as large multi-residential buildings,” they said. 

The statement reminded manufacturers, distributors, and installers of pre-insulated polyethylene pipework systems that they had a responsibility to provide evidence of the suitability of these products for the specific application in question. 

It also urged specifiers to check the thermal performance of the polyethylene system and to ask the supplier how it would meet the heat loss/gain requirements of BS 5422 and Part L of the Building Regulations. It is also vital that each product has the appropriate Euroclass fire rating.

BESA’s Head of Technical Graeme Fox commented: “This is a critical fire safety issue and both bodies were determined to present a united front to help protect best practice in building services installations.

“One of the important lessons learned from the Grenfell tragedy was that products may have been tested and certified, but not necessarily for the particular application in question. We would, therefore, expect all responsible supply chain firms to be able to provide details of how the Euroclass fire rating of the PUR/PE system was achieved and the arrangement of the insulants in the test to determine their exposure to heat and flame.

“We would also expect them to be able to provide clear evidence of compliance with BS 5422 heat loss/gain tables.” 

TICA’s technical policy manager Chris Ridge added that all responsible companies should be able to provide current Euroclass fire test certification for “the complete range of polyethylene pre-insulated pipework products”.  

“Looking ahead, we seek to challenge the wider industry to ensure that all pre-insulated systems meet the required standards,” he added. “This should not stop at pre-insulated pipework but should also include pre-insulated ductwork products.” 

UK building safety reforms come into force

Many leaseholders will for the first time be legally protected from unfair bills to make their homes safe as measures in the Building Safety Act 2022 have now come into force.

Those responsible for historical safety defects, and those who own buildings, will instead be required to fund essential repairs.

So far, 45 of the UK’s biggest homebuilders have agreed to fix life-critical fire-safety defects on all buildings 11 metres+ that they have played a role in developing or refurbishing in the last 30 years.

Stronger measures in the act include new powers for the Secretary of State to restrict irresponsible developers’ ability to build new homes, an extension of the Building Safety levy worth an estimated £3 billion and improving building owners’ rights to launch legal action against developers.

Levelling Up Secretary Michael Gove said: “Today marks a major turning point for building safety in this country, as we introduce a tough new regime to make homes safe and help rid the sector of bad practice once and for all.

“Hundreds of thousands of innocent leaseholders now have the legal protection they rightly deserve, freeing them from a financial burden they should never have faced.

“I’m pleased that most of the largest developers have agreed to play their part in solving this.

“But there is more to do – we are focusing intensively on work with lenders to unlock the mortgage market and empower leaseholders to take their next step on the property ladder, and we will remain vigilant if anyone fails to act on the pledges they have made.”

Where freeholders or owners of buildings over 18m with cladding related issues do not have clear plans to address these issues, they must have full assessments ready to submit to the Building Safety Fund, which will reopen for new applications shortly, helping to ensure applications can be handled in good time, reducing the disruption and stress to leaseholders.

They must inform and consult leaseholders throughout. If they do not do these things, responsible authorities now have the legal powers to compel them to remediate their buildings, and to ensure that they meet the costs.

Alongside this, the government has signed contracts for a new Professional Insurance Indemnity Scheme. This will help assessors conduct EWS1 assessments to identify whether buildings have fire safety risks, ensuring professionals can make sensible decisions and restoring common sense and proportionality to the market.

Leaseholder protections

For the first time, qualifying leaseholders living in buildings above 11 metres tall or with at least 5 storeys will be legally protected from building safety costs:

  • Qualifying leaseholders (those living in their own homes, or with up to 3 UK properties in total) will be protected, in full, from the costs associated with the remediation of unsafe cladding. They will also have robust and far-reaching protections from the costs associated with non-cladding defects, including interim measures like waking watches.
  • It will be illegal for freeholders to pass on the cost of historical building repair works or the removal of cladding to any of their leaseholders, including non-qualifying leaseholders, if they are or are linked to the building’s developer.
  • It will be illegal for freeholders to pass on any historical building safety costs to qualifying leaseholders if they pass the wealth test set out in law.
  • Where a developer cannot be held responsible and the building owner is not required to meet the costs in full, leaseholders with non-cladding related issues will also be protected by a cap on how much they can pay for these costs. The cap will only apply to non-cladding related work for those whose property is valued at more than £325,000 (London) and £175,000 outside London (owners of properties below this ceiling will pay nothing). Where leaseholders have bought through shared ownership, their cap will reflect their share of ownership in the property.
  • Any costs that are not recoverable from leaseholders will need to be met by building owners and landlords.
  • Buyers of new build homes will be able to hold their developer responsible for safety and quality issues under a new scheme from the New Homes Ombudsman.

Making industry pay

New powers for the Secretary of State have been granted to restrict irresponsible developers’ ability to build new homes, including if they refuse to take responsibility for fixing life-critical fire safety defects on all buildings 11 metres+ that they have played a role in developing or refurbishing in the last 30 years.

The Building Safety Levy has been extended to be charged on all new residential buildings. Expected to raise an estimated £3 billion over 10 years, this will fund a new government scheme to pay for the removal of unsafe cladding on buildings of 11-18m where the developer cannot be traced or has failed to agree to cover the costs upfront.

Building owners now have enhanced civil liabilities, enabling them to launch legal action against developers, contractors and manufacturers for shoddy construction works and defective products which have caused homes to be unhabitable in the past 30 years.

Extra powers for the courts in England and Wales have been granted to go after associated companies, meaning businesses who have hidden behind shadowy shell companies within their corporate structures can now be pursued to pay.

These new laws will allow the government to consider appropriate action to pursue these companies as part of a new Recovery Unit that is based in the Department for Levelling Up, Housing and Communities.

Improving building standards

New regulations for the industry will enforce a higher quality of building standards – ensuring homes are made safer and that a proportionate approach is taken to safety:

  • A new Building Safety Regulator – overseen by the Health & Safety Executive – will enforce a new, more stringent regulatory regime on the safety and performance of high-rise buildings in scope, in England. It will also consult and respond to safety concerns raised by residents through a new Residents’ Panel.
  • A National Regulator for Construction Products will implement stronger standards on construction manufacturers in the UK. Part of the Office for Product Safety and Standards, this new regulator will conduct vital market surveillance to spot and remove unsafe materials faster, as well as confront poor practice by taking action against those that break the rules.

Welsh government launches cladding crisis support scheme

A new support scheme for those facing significant financial hardship as a result of the cladding crisis has been launched by the Welsh Government to provide tailored, independent advice to leaseholders in affected homes.

It is currently targeted at leaseholders who are owner occupiers and those who have become displaced residents, but the Minister confirmed applications would be monitored and eligibility kept under review to ensure ‘those who need support most have access to the scheme’.

Climate Change Minister Julie James, who confirmed the Leaseholder Support Scheme would open at 10am on Monday, June 27, said: “Today, we are launching the Leaseholder Support Scheme which will help those who need support the most.

“I would also like to take this opportunity to thank the external partners and sector experts who have assisted us in developing this scheme at pace.

“Their support and hard work have been critical to establishing the right qualifying criteria and support processes.”

All leaseholders eligible for this scheme will now receive advice from an Independent Financial Adviser, with the costs fully covered by the Welsh Government.

The advice will support them in making the right choice for them and, if the sale of their property is the right route, the Welsh Government will enable them to sell their property at a fair market value.

Full guidance on the scheme, including the eligibility criteria, will be published on the Welsh Government website at 10am today.

The Minister continued: “Addressing fire safety defects in medium and high-rise buildings must go beyond cladding to make these buildings as safe as they can be.

“This has been our premise from the outset and, although it makes identifying, addressing and resolving issues significantly more complex, it is the right approach.

“There are no quick or easy fixes, but we cannot compromise on achieving the right, sustainable solutions. 

“Anything less leaves the door open to the risk of further issues arising and it is important to me that, once these issues are resolved, they remain resolved.

“We must do this properly, to get it right now and for the future.”

Fire protection system market to grow 6.7%

The global fire protection system market size, which was valued at USD 72.72 billion in 2021, is expected to expand at a compound annual growth rate (CAGR) of 6.7% from 2022 to 2030.

In recent years, the market was negatively impacted by the Covid-19 pandemic and knock on supply chain disruption across countries and regions. However, the post-pandemic market is expected to grow as the rising urban population which will likely boost demand for fire protection systems.

Fire protection systems include equipment such as fire detectors, fire response systems, fire analysis software, fire suppression systems, and fire sprinkler systems. These systems are installed in various infrastructures, including industrial buildings, residential buildings, and commercial buildings, to safeguard people and reduce the loss of destruction from fire hazards.

The adoption of fire protection systems in several developing countries was initially slow compared to developed nations due to the lack of awareness among consumers regarding the product as well as reduced regulatory pressure. However, the launch of fire safety programs and the use of targeted marketing explaining the benefits of a fire protection system have drawn the attention of large as well as small and medium enterprises, leading to steady market growth in recent years.

Construction of new properties, including residential and non-residential, is expected to offer new opportunities for installing fire alarm and detection systems. An increase in the number of property damage due to fire accidents is also driving the market.

The market for fire protection systems is also being driven by the regulations, standards, and codes imposed by different regulatory bodies as the growing standard has resulted in organisations installing up-to-date fire protection systems. These factors are expected to boost the growth of the market over the forecast period.

Detection

The fire detection segment accounted for more than 50.0% share of the global revenue in 2021. A fire detection system comprises various devices working collectively, which help detect and warn people through video and audio equipment during an incident involving smoke, carbon monoxide, fire, or other emergencies.

The fire analysis segment is expected to register the highest CAGR of 13.6% from 2022 to 2030. The segment growth can be attributed to the increasing need for fire analysis, which helps make proper decisions during fire prevention.

Installation and maintenance

The installation and design service segment accounted for more than 40.0% share of the global revenue in 2021. This refers to the practice of outsourcing the solution for design, development, upgrades documentation and installing processes of the fire protection system. Fire protection systems are being installed across buildings of all sizes as inhabitants increasingly understand the benefits they offer in small, mid-size, and large buildings.

The maintenance services segment is expected to register the highest CAGR of 6.8% from 2022 to 2030. Fire protection systems play a vital role in detecting and alerting people in the event of smoke or fire; however, any fault in the system may lead to accidents and asset losses.

Application Insights

The commercial application segment dominated the market and accounted for more than 45.0% share of the global revenue in 2021, which includes applications for retail, BFSI, government, healthcare, and telecom and IT educational institutions. The demand for fire protection systems in commercial applications is increasing due to the formulation of stricter government rules for fire prevention and control being put in place across the globe.

The industrial application segment is expected to register the highest CAGR of 7.8% from 2022 to 2030. The industrial application covers major sectors such as oil and gas, mining, energy and power, and manufacturing. The need to safeguard automated systems from fire accidents is expected to fuel the growth of the segment.

Regional Insights

North America dominated the market for fire protection systems and accounted for over 35.0% share of the global revenue in 2021, which can be attributed to the rising demand for intelligent houses and smart buildings.

Asia Pacific is expected to register the highest CAGR over the forecast period, with countries including as India, China, and Japan expected to drive the regional market. Growing urbanisation and rising awareness among the consumers are also expected to contribute to the growth of the market in this region over the forecast period.

CIOB updates Code of Practice to reflect construction industry changes

The Chartered Institute of Building (CIOB) has updated the Code of Practice for Project Management for the Built Environment to reflect changes in the practices and processes of construction and the increasing pressures of the industry.

 The guidance from the world’s largest and most influential professional body for construction management and leadership aims to equip construction and project managers with insight into a whole life-cycle approach, where assets can be delivered not only to meet the expected quality, cost and time targets, but where other broader, but equally important, notions of value can be incorporated.

The updated Code of Practice ” acknowledges the many challenges in the construction industry and sets the scene in the new version with a set of strategic drivers, such as sustainability, quality, competence and skills, the golden thread of information, and some guiding principles including health and safety, EDI (equality, diversity and inclusion), ethics, sustainability, whole-life perspective, project management as a strategic enabler, building information, and leadership.

The eight themes included in each chapter are designed to ensure they are embedded throughout all decision-making processes at every stage of the project. These are: quality, sustainability, value, productivity, leadership, collaboration, knowledge and risk.

Dr Gina Al-Talal FCIOB, CIOB’s Head of Technical and Standards Development, said: “I am pleased to see this publication undergoing a total revamp at a time when it’s needed more than ever, given the extraordinary pressures on the industry around the world. I have no doubt that this edition will prove an invaluable reference to built environment professionals at all levels. It was not an easy task and my gratitude goes to the construction professionals and academics who contributed so much time and effort into helping us deliver this updated resource.”

Fire safety guidance strengthened for new high-rise homes in England

New improvements to fire safety guidance and building regulations to ensure tall buildings are made safer in England have been introduced as part of a wider package of reforms, meeting recommendations from Phase One of the Grenfell Tower Inquiry and will strengthen the information available to fire and rescue services.

All new residential buildings over 11 metres will now have to include a Secure Information Box that will give fire and rescue services access to important details about a building in the event of a fire. New residential developments over 18 metres will also have to incorporate an Evacuation Alert System to help fire and rescue services inform residents of a change in evacuation strategy, during an incident.

It forms part of a wider update to tighten building regulations and provide clearer fire safety rules for the design or construction of residential developments.

Building and Fire Safety Minister Lord Greenhalgh said: “We have introduced the biggest improvements to building safety in a generation, under the Building Safety Act. These changes will support our tough new regulatory regime – ensuring fire safety measures are incorporated into new high-rise homes and all new residential buildings meet the same safety standards. It does not end here and I urge the industry act quickly to update their practises in line with these new rules.”

The National Fire Chief’s Council (NFCC) Protection and Business Safety Committee Chair, Gavin Tomlinson, said: “NFCC especially welcomes the introduction of emergency evacuation alert systems in new buildings over 18 metres. We also support the inclusion of Secure Information Boxes in buildings over 11 metres, which will give fire and rescue services access to important details about a building and its residents in the event of a fire.

On the changes to building regulations, we are encouraged that unsafe MCM PE cladding panels are banned on all buildings and that the government has promised stronger safety standards for the use of combustible materials on external walls.

Fire Safety Enforcement in NYC strengthened by new bill

New York City Mayor Eric Adams has signed five pieces of fire safety legislation into law aimed at strengthening enforcement, education, and outreach efforts in the wake of the tragic Bronx apartment fire in January which saw the death of 17 people.

The new laws include shortening the timeline of re-inspection for self-closing door violations, increasing the fine for building owners who do not fix violations, banning the sale of certain space heaters that do not meet certain safety standards and codifying increased fire safety outreach.

“More than a dozen New Yorkers, some just children, were killed in the fire at the Twin Parks apartments. We mourn their passing but that is not enough — we must ensure that a tragedy at that level never happens again,” said Mayor Adams. “In March, I signed an executive order to immediately improve fire safety coordination and outreach. Today, I’m proud to work with the City Council to create long-term solutions that strengthen enforcement and education and will keep all New Yorkers safe.”

The mayor signed the following bills into law:

Intro. 104 which clarifies the definition of a self-closing door to mean a door equipped with a device that will ensure the door, when opened and released, returns to the closed position and self-latches shut.

Intro. 105 which shortens the timeline for correction of self-closing door violations from 21 days to 14 days, requires HPD to reinspect a self-closing door violation no later than 20 days after the expiration of the 14-day correction period, and increases penalties for building owners who do not cure those violations. It also establishes a civil penalty range of $250-$500 for the violation of the self-closing door requirement and a $250/day penalty from the date set for correction of the violation until it is corrected, increases civil penalties for the false certification of corrections for Class A, B, and C violations of the Housing Maintenance Code.

Intro. 106 which bans the sale of electric space heaters that do not have automatic shut off capabilities if the heater falls over or overheats, and requires that space heaters sold in New York City be labeled by a nationally recognized testing laboratory.

Intro. 131 which expands fire safety education to require FDNY to provide educational materials and conduct outreach relating to the safe use of electric space heaters in residences. The law — which takes effect as FDNY continues to conduct a robust fire safety education program — also requires that such educational materials be made available to tenants in the top 10 most common languages in New York City.

Intro. 155 which prohibits the DOB from charging filing fees for a permit to repair fire damaged conditions of one-, two- or three-family homes. If construction defects are discovered at such fire-damaged locations, this fee exemption would extend to other dwellings within the same homeowner or cooperative association to correct the same construction defect. The law will diminish repair costs for owners remediating fire-damaged properties and construction defects found during the remediation process and task DOB with conducting targeted outreach showcasing the fee-exemption program.

Commenting on the new legislation, New York City Fire Department (FDNY) Acting Commissioner Laura Kavanagh said: “Educating New Yorkers on fire safety and prevention is key to the Department’s lifesaving mission. These bills, and the mayor’s Executive Order increasing coordination between our department and HPD, will strengthen the FDNY’s ability to reach the neediest residents in our city with critical messages of fire education and prevention.”

UK Government introduces ‘majority’ of Grenfell inquiry recommendations

The UK government has announced that The Fire Safety (England) Regulations 2022 will implement the majority of the recommendations made by the Grenfell Tower Inquiry in its Phase 1 report, which required a change in the law.

The regulations seek to improve the fire safety of blocks of flats in ways which are practical, cost effective for individual leaseholders and proportionate to the risk of fire and will come into force on 23 January 2023 following the publication of supporting guidance which is due later in 2022.

The regulations will make it a legal requirement for responsible persons – that is a building owner, or in residential properties, any other person in control of the premises – of high-rise blocks of flats to provide information to Fire and Rescue Services to assist them to plan and, if needed, provide an effective operational response. These regulations will apply to existing buildings. Requirements for new buildings may be different.

In high-rise residential buildings, responsible persons will be required to

  • Provide building plans to their local Fire and Rescue service with up-to-date electronic building floor plans and to place a hard copy of these plans.
  • Provide to their local Fire and Rescue Service information about the design and materials of a high-rise building’s external wall system and to inform the Fire and Rescue Service of any material changes to these walls.
  • Undertake monthly checks on the operation of lifts intended for use by firefighters, and evacuation lifts in their building and check the functionality of other key pieces of firefighting equipment.
  • Install and maintain a secure information box in their building containing the name and contact details of the Responsible Person and hard copies of the building floor plans.
  • Install signage visible in low light or smoky conditions that identifies flat and floor numbers in the stairwells of relevant buildings.

In residential buildings with storeys over 11 metres in height, responsible persons will be required to undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common parts.

In all multi-occupied residential buildings with two or more sets of domestic premises, responsible persons will be required to provide relevant fire safety instructions to their residents, which will include instructions on how to report a fire and any other instruction which sets out what a resident must do once a fire has occurred, and provide residents with information relating to the importance of fire doors in fire safety.

On whether these regulations are a proportionate response, the government guidance stated: “These regulations, where they legislate to require responsible persons to provide information to fire and rescue services focus only on high-rise residential buildings. This approach is a proportionate one which implements the majority of the Phase 1 recommendations, which require a change in the law, in a practical way.”

Commenting on the government’s plans, Grenfell United said: “We are enraged at the government, whose sole focus continues to be profit and not public safety. We’ve fought for years to create a legacy for our 72 loved ones, and to prevent another Grenfell. But five years on, the government has reverted back to the same policy in place before Grenfell.

“This policy resulted in 41% of those living with disabilities dying at Grenfell. It left them with no personal evacuation plan and no means of escape. They didn’t stand a chance. This report is a disgrace.

“Disabled people have the right to leave their homes safely. The government must implement the recommendation from the Phase 1 report of the Grenfell Inquiry and ensure personal evacuation plans for disabled residents.”