Quelfire comments on the Building Safety Act

Fire protection system supplier Quelfire has commented on the new Building Safety Act and what it will mean for the fire industry.

After being introduced to parliament in July 2020, the Building Safety Bill was published a year later in July 2021 and was summarised by then-Housing Secretary Robert Jenrick as a “key step in an extensive overhaul to building safety legislation.”

On the 28th of April 2022, the Bill received Royal Assent meaning that now it has passed all the parliamentary stages in the House of Commons and the House of Lords, it will take a more prominent stance in the built industry as The Building Safety Act.

The Act will apply to buildings that are at least 18 metres tall or have seven storeys, with at least two residential units. It will also cover hospitals and care homes if they meet the specification.

Quelfire explained that the government are working to ensure that the Fire Safety Order 2005 (FSO), which places duty on individuals in an organisation – the Responsible Person – to identify, control and reduce the risk of fire, and the new building safety regime work effectively together.

“The Fire Safety Clause in the BSA amends the FSO to further strengthen fire safety measures for non-domestic premises, which include common parts of high-rise residential buildings subject to the BSA,” said Quelfire. “The FSO and BSA will overlap in some respects, but through the cross-work of the government, by aligning these essential regimes it will ultimately work to further protect residents “in high-rise residential buildings.

In a typical safety case report, the Accountable Person will ensure that they have a preventative approach for managing building safety risks. An aspect of this report will cover major fire and structural hazards for example, compartmentation. This includes key areas of passive fire protection: linear gaps and cavity fire stops, service penetrations and fire doors. HSE is urging anyone involved in the design or construction of a building to act now, at the earliest stage, and become proactive in the process of ‘building a safer future.’

“The work the fire industry does now can help comply with this by raising more awareness of what early engagement in firestopping is; conducting CPDS to educate the industry; providing more tested details and technical support and offering on-site support.

“Despite the Building Safety Act being law, many of the requirements will not come into force until 12-18 months after the Royal Assent as the industry prepares for the new regime. The government’s transition plan can be found here.

“The risk of fire has decreased considerably over the years. However, the tragedy of Grenfell has shown that there is too much scope for “poor practice, poor culture, poor accountability and poor management.” The Building Safety Act brings an air of hope to survivors and their family members but ultimately, pays respect to the 72 victims. Without the Act, there would be no push for government reform and the risk of Grenfell happening again would be inevitable.”

ASFP releases new and updated guidance documents

The Association for Specialist Fire Protection (ASFP) has expanded its range of guidance with the release of three new and three updated documents covering steel beams, firestopping of metal pipes, and planned maintenance.

The first document, Advisory Note 27, provides advice on the structural fire protection of steel beams with corrugated webs which were recently introduced to the market and offer a thinner steel plate than can be used in traditional webs.

The fire-resisting performance of these sections is not fully understood and so the advisory note warns against the use of plain section data in support of a corrugated web section without extra testing.

Advisory Note 28 covers the firestopping of metal pipes where flanges are located close to service penetration seals and encourages earlier involvement of passive fire specialists to prevent the construction of untested service penetration arrangements, particularly in the presence of flanges within the secondary insulation zone.

The guidance says that for the avoidance of issues with certification and installation it is best to keep the flanges more than 500mm away from the wall, pointing out that this detail is not always considered during the spatial coordination of services. 

The final new publication, Advisory Note 29 covers planned maintenance and draws upon advice from within the Regulatory Reform (Fire Safety) Order; BS 9999: Code of practice for fire safety in the design, management and use of buildings; and BS 8524: Active fire curtain barrier assemblies to ensure that a competent person conducts that maintenance

Meanwhile, Advisory Note 21 has been updated covering coatback to secondary structural steel, highlighting thatthat this can prevent conduction of heat into a primary structural member and its consequent early failure.

Technical Guidance Documents (TGDs) 15 and 20 have also been revised, with the former giving advice on the installation and inspection of spray-applied passive fire protection. The document has been updated to align the film thickness measurement criteria and to take the implications of Brexit into account and the consequent changes to UK Construction Product regulations.

The changes to UK Construction Product regulations and the introduction of the UKCA mark also prompted the revision of TGD 20, which covers the CE marking of fire-resisting and smoke control duct sections. 

All the documents are available for download from the Publications area of the ASFP website.

Odisha Fire Service to carry out audit after Delhi blaze

Odisha Fire Service has directed all units to carry out a fire safety audit in all important state establishments by 21 May following a fire at a four-storey commercial building in Dehli which resulted in the death of at least 27 people and injured several more.

On Saturday (14 May) DG Fire Service Santosh Kumar Upadhyay directed all units to carry out fire safety audits in hotels, lodgings, guest houses, and educational buildings of more than 12 metres in height or having built-up area over 1,000 square metres, as well as cinema halls, multiplexes and apartment complexes.

Fire service officers have also been asked to carry out safety audits at clinical establishments above taller than metres or having more than three floors, and business or office buildings larger than 12 metres in built up areas of more than 500 square metres.

Officers have been directed to make sure that different establishments display the fire safety certificate on all their floors.

Upadhyay said: “Assistant fire officers in districts, deputy fire officers of all circles and range fire officers have been asked to strictly enforce the guidelines as per the Odisha Fire Prevention and Fire Safety Rules to avoid any untoward incident.”

Sustainable building materials could lead to more fires

The increase of sustainable building materials during construction has been welcomed by many environmentally concious. However, the use of certain products, while good for the environment, pose a higher risk of catching fire.

Jonathan O’Neill, Managing Director, Fire Protection Association told IFSJ in an exclusive interview: “Building methods have evolved dramatically over the last decade, we are using different materials which are combustible.

“This will not change over the next 20 years because some of it ties into the sustainability agenda. In the years to come, we will continue to build with even more combustible products because they have less impact on the environment. We accept that. At the same time, we need to re-write some of the building rules, which were done keeping old fashioned building materials and techniques.”

In Britain, a newly ratified law, the Building Safety Act, came into effect towards the end of April. The new law has been a work in progress fueled by modern fire disasters in the UK.

O’Neill welcomed the new bill but told IFSJ that we now need a fundamental root and branch review of building regulations in the UK. “It’s been well over a decade since the last review,” he said.

Brazil hospital complex installs connected fire alarm system

Brazil’s bustling general practice hospital in São Paulo, the Centro Médico Campinas installed a connected fire alarm system.

Over the past five decades, the hospital campus has undergone significant expansions to add new buildings and specialized healthcare services.

This resulted in installing eleven different, incompatible fire alarm panels across the sprawling campus that required individual monitoring, cleaning, and maintenance.

For seamless, around-the-clock fire safety of the entire premises, clinic operators wanted a unified and future-proof system. The Hospital Centro Médico Campinas chose a system designed by Bosch and implemented by Brazcamp Tecnologia installers in Campinas, Brazil for a completely integrated fire alarm system to provide optimized safety coverage.

The system secures the entire city hospital campus around the clock. All fire detection devices are connected via the Modular Fire Panel 5000 Series from Bosch for improved response times and better maintenance options –including remote maintenance – to the healthcare facility.

The project also required retrofitting of legacy fire prevention equipment and smart connectivity to accommodate the premises’ unique layout. By installing one single, fully customized solution, the hospital:

• Fixed compatibility challenges. Integration and consolidation of all data from connected devices on the fire panel. Thanks to retrofitting of legacy detectors, devices now communicate seamlessly.

• Decentralized access 24/7. Direct access for personnel via remote keypads connected to three desked areas: Main reception, on-site fire department, and operation and control center.

• Entire campus on a single network. Five loop modules cover all areas of Hospital Centro Médico Campinas with panels and detectors, including sensitive environments such as the ICU, operating theater, patient wards, and the hospital laboratory.

• Increased safety response and situational awareness via full integration with gas detection, sprinklers, and access control. As a result, personnel can pinpoint the location of a fire precisely and unlock doors and gates in case of an event for improved evacuation.

As the hospital continues to grow, the flexibility of the new solution allows for future integrations, such as access control and voice alarms.

Survitec to supply advanced firefighting systems to eco ferries

Survival Technology solutions provider Survitec has secured a contract to supply advanced fire-fighting systems to a pair of 48,000grt LNG dual-fuelled eco ferries under construction at Finland’s Rauma Marine Constructions (RMC) for Australian shipowner Spirit of Tasmania (TT-Line Company Pty Ltd).

“This is a major order from a returning customer,” said Michał Peruga, General Manager, Survitec, Poland. “This contract win demonstrates our ability to go beyond simple equipment supply to being able to provide a complete bespoke fire safety solution for all areas of the ship, from bow to stern.”

Survitec’s extensive scope of supply includes Novenco Fire Fighting (NFF) XFlow Water Mist systems for machinery spaces and accommodation areas; an NFF XFlow Deluge system for car decks; a dry powder fire suppression system for the ships’ LNG bunkering stations; a deep fat fryer fire extinguishing system and a CO2 system for the vessels’ galley ducts.

Peruga added that Survitec’s technical team helped the shipyard and owner navigate complex mandatory regulations in relation to the design, installation, and operation of a fire suppression system.

“Our NFF XFlow technology uses a combination of fine water droplets and water mist. Consequently, the system can be activated immediately, without the need to evacuate first, which reduces the risk of damage to machinery and other critical installations. It makes the system more efficient for certain types of fires compared to high pressure water mist systems, even though both systems have to pass the same test,” said Peruga.

Mika Laurilehto, CEO, Rauma Marine Constructions, said: “The agreement we have with Spirit of Tasmania is for a pair of world-class ferries capable of meeting exacting standards in terms of safety, reliability and customer service. 

“Survitec’s ability to offer a full range of fire safety solutions and also local after care services allowed us to streamline the design and procurement processes in a manner that benefits both the yard and the shipowner.”

Finn Lende-Harung, Commercial Director of Fire Solutions at Survitec, said: “Dual fuel systems and alternative fuels are setting new standards for fire safety in the industry. Shipowners and builders are looking for suppliers capable of providing technical support to high-value projects throughout the entire life span of a vessel. We work hard not only to keep on top of the latest changes in legislation but also to offer through-life benefits that help with the total cost of ownership – from the design and construction phase through to operation and servicing.”

Having successfully designed, installed and commissioned the advanced fire-fighting systems aboard Yara Birkeland, the world’s first fully electric, autonomous containership, Survitec is fast becoming the eco ship builder’s go-to fire systems choice supplier.

“The success of that project marked an important milestone for Survitec, placing us at the forefront in the development of fire safety technology for the next generation of environmentally sustainable ships,” continued Lende-Harung.

When delivered in 2023 and 2024, Spirit of Tasmania’s new 212m long ropaxes will each have capacity to ferry 1800 passengers across Bass Strait, on the company’s Geelong to Devonport, route which connects the island state of Tasmania with mainland Australia.

The new vessels will replace the Spirit of Tasmania I and II, both built in Finland in 1998.

Building Safety Bill receives Royal Ascent and becomes a law in UK

The Building Safety Bill received Royal Assent on 28 April 2022 and is now an Act of Parliament. It has been a long process leading up to this point since the tragic Grenfell fire on 14 June 2017, but there is much further work to do in order for the changes in the Act to be implemented.

As many stakeholders will be aware, the Act is a significant piece of legislation that completely overhauls the regulatory regime for higher risk buildings in England, as well as introducing numerous other changes that affect construction products regulation, competency standards in the construction industry, the management of building fire safety risks, liabilities, and so on.

Peter Baker was previously appointed as Chief Inspector of Buildings by the Health and Safety Executive, and is leading the new Building Safety Regulator as established under the Act. Mr Baker notes that:

“The Building Safety Act introduces tough new measures for the safety and quality of buildings which will be enforced by the new independent regulator being established in HSE.

“I call on everyone involved in the design, construction and management of buildings in England to now step up, get ready for the changes, and work together to drive the necessary culture change to protect people and deliver safe and good quality buildings”

The Government’s transition plan notes when various provisions are expected to come into effect, however this may well be updated now that the Act is law. HSE has said that the registration of high-rise buildings will be starting from April 2023, with the new safety management regime requirements applying from October 2023. No doubt further dates for other changes will soon be released.

Now that the Act is in force, Developers need to be looking at how they procure higher risk projects and what effect the Act will have on these developments and their obligations in relation to the same. Similarly, Contractors and Consultants need to understand their additional obligations not only on higher risk developments, but also on building projects generally where they will hold specific duties.

All construction stakeholders (including manufacturers and suppliers) need to understand the full extent of the changes coming, and appreciate now what actions and business investment are required in order to ensure compliance with the new regime, and act now or risk being caught short.

Scotland to clamp down on combustible cladding on high-rise buildings

A legislation by ministers in Scotland has been proposed in the Scottish Parliament that will ban use of combustible materials on high-rise buildings.

Buildings with a floor that is 11 metres (36ft) or more above the ground will be considered as part of this move. Building standards minister Patrick Harvie said the move, combined with recent legislation on fire alarms, would help reduce the number of people killed or injured in fires. The new legislation will cover flats and other domestic properties, hospitals, care home buildings, entertainment and leisure venues and buildings which are “used as a place of assembly”, the Scotsman reported.

The changes come in the wake of the Grenfell Tower blaze in London in 2017 in which more than 70 people died after fire spread rapidly due to the cladding that had been installed on the outside of the high-rise flats.

Since 2005, cladding used on high-rise blocks in Scotland had to feature non-combustible materials or pass a large-scale fire test. The new building standards legislation removes the option of a fire test, completely prohibiting such materials in buildings with floors above 11 metres.

In addition to this, the highest risk metal composite cladding material will be banned from any new building of any height, with replacement cladding being required to meet the new standards.

Mr Harvie said “This is the third set of changes made to fire safety standards for cladding in Scotland since the tragic Grenfell Tower Fire, requiring any cladding on domestic or other high-risk buildings above 11 metres to be strictly non-combustible.

“Taken together with our new fire alarms regulations, covering all homes in Scotland regardless of ownership, this is yet another step on the Scottish Government’s mission to minimise the risk of deaths and injuries from fire.”

The legislation will also make improvements to energy performance standards, aiming to make buildings easier to heat while ensuring they are well ventilated and comfortable to live in.

Mr Harvie stated “The energy improvements will deliver another important step toward improved energy and emission performance of our buildings, and we’ll be going further on this in 2024 with regulations requiring new buildings to use zero-emissions heating systems.”

Trading bans could be slapped on firms that refuse to fund cladding repairs

Firms refusing to contribute to the fund set up to fix dangerous cladding will be warned they could be blocked from selling new homes, the Guardian has reported.

Michael Gove, the UKs levelling up secretary, will explicitly threaten retaliation, citing powers in the building safety bill that would stop uncooperative developers getting planning permission.

It is understood that Galliard Homes will be one of the major developers singled out as a potential target for the punitive measures, although other companies are also expected to be named by Gove.

Earlier this month Gove, who was tasked with addressing the cladding scandal – which has involved thousands of leaseholders facing crippling bills for the removal of dangerous cladding – signed an agreement with 35 developers, which collectively agreed to contribute £2bn towards fixing buildings they had a role in constructing.

Some developers did not sign up to this supposedly voluntary agreement, and Gove will this week ratchet up the pressure by reminding them that if they continue to refuse, they risk harsh sanctions under legislation about to become law.

The Building Safety Bill was introduced to create a new regulatory framework for building safety after the Grenfell Tower fire. But as it was going through its final stages in the House of Lords Gove introduced amendments that would give him the power to stop firms that have failed to sign his cladding pledge from selling homes.

Under the bill, these firms could be blocked from obtaining planning permission, or prevented from getting building control signoff.

Ministers believe that even the threat of these sanctions could be enough to deter investors. According to an internal document about the strategy seen by the Sunday Times, officials are arguing that it would be “irresponsible” not to warn prospective consumers of the potential risks.

Galliard is one of at least nine large developers that has yet to sign the Gove pledge. They are expected to be given just a few weeks more to comply. Galliard said at the weekend that it had acted quickly on cladding but that, before signing the pledge, it required “certainty” from the government and “a clear and succinct plan for developers, the government, the supply chain and insurers to all work together to find an equitable solution”.

Under the Gove plan, in addition to the £2bn from developers to fix their own buildings, the industry will commit a further £3bn for the removal of unsafe cladding through an expansion of the building safety levy, a charge on new residential buildings.

Under the current system, local authorities can impose section 106 agreements on developers telling them that, as a condition of getting permission, they must construct a certain number of affordable homes.

Gove wants to abandon these arrangements and instead force developers to contribute to an infrastructure fund that could be used by councils. In a recent white paper, the Department for Levelling Up, Housing & Communities argued that a new approach was needed because the current system “enables some developers to benefit disproportionately and unfairly from the land they develop”.

Major developers agree to fund building safety repairs

The government has revealed a wide-ranging agreement that will see industry contribute £5 billion to address the building safety scandal.

In a victory for leaseholders, Levelling Up Secretary Michael Gove has agreed a solution with the housing industry that will see developers commit a minimum of £2 billion to fix their own buildings. Industry will also pay up to a further £3 billion through an expansion to the Building Safety Levy.

Under the new agreement, which will become legally enforceable, over 35 of the UK’s biggest homebuilders have pledged to fix all buildings 11 metres+ that they have played a role in developing in the last 30 years.

For the companies yet to make the pledge, the Secretary of State has also confirmed there is little time left for them to sign up, and that those who continue to refuse will face consequences if they fail to do so.

As set out in January, a new government scheme will also see industry pay to fix buildings where those responsible cannot be identified or forced to in law. This follows previous confirmation that plans for a 30-year loan scheme paid for by leaseholders would be scrapped.

The new scheme will be funded through an extension to the Building Safety Levy that will be chargeable on all new residential buildings in England. This is expected to raise up to an additional estimated £3 billion over ten years from developers and ensure no leaseholder in medium-rise buildings faces crippling bills, even when their developer cannot be traced.

New proposed laws, announced in February under the Building Safety Bill, will ensure qualifying leaseholders are protected from the costs of historical building safety defects, including total protection against cladding costs. Today’s deal establishes that the industry responsible – not innocent leaseholders – will pay.

Levelling Up Secretary Michael Gove said: “Today marks a significant step towards protecting innocent leaseholders and ensuring those responsible pay to solve the crisis they helped to cause. I welcome the move by many of the largest developers to do the right thing. But this is just the beginning. We will do whatever it takes to hold industry to account, and under our new measures there will be nowhere to hide.”

The pledge published by government today commits developers who have signed up to legally binding contracts, and to implement their promises as soon as possible.

The detailed agreement confirms developers will:

  • Act as quickly as possible to fix buildings
  • Implement new proportionate guidance on building safety
  • Regularly report to leaseholders and government on their progress
  • Respect an independent dispute resolution process established by government; and
  • Refund money already received from the taxpayer to fix their buildings.

More information on how government plans to enforce the agreement in law will be released in due course.

The government is introducing new powers that could be enforced on a developer should they breach the agreement, as well as on any remaining companies who fail to sign up. These new powers would allow the Secretary of State to block those who refuse to sign from building and selling new homes.

The government is clear that building safety is an industry wide issue. Cladding and insulation manufacturers are yet to accept their share of responsibility and come forward with a proposal. The Secretary of State has also today written to the Construction Products Association and warned he will do whatever it takes to hold cladding and insulation manufacturers to account.

The announcement follows a statement from Mr Gove in January, when he set out a 4-point plan to reset the approach to building safety and give leaseholders more protection against unfair costs.