Understanding the new Building Safety Act is crucial, highlights safety coatings expert

by Building ManagementConstructionFeatured NewsSafety

In a recent advisory, Sherwin-Williams Protective & Marine Coatings has emphasised the significance of comprehending the obligations under the Building Safety Act 2022, especially for professionals involved in structural steel protection.

The act is poised to become enforceable soon, marking a paradigm shift in building safety regulations.

Building Safety Act: What you need to know

Come October 2023, the legislation mandates all buildings to be registered with the Building Safety Regulator (BSR).

Moreover, structures that are either 18 metres tall, have seven or more storeys, or house at least two residential units are classified as ‘high risk buildings.’

Ownership or responsibility for a building necessitates registration under the designated title of the Principal Accountable Person.

This title encompasses various roles including contractors, building managers, building owners, and housing associations.

Building Safety Act and compliance measures

It is imperative for the Principal Accountable Person to affirm that the building adhered to pertinent building regulations during its inception.

Furthermore, they must furnish proof of abiding by the new building control route during the design, construction, and refurbishment phases of the building.

Any lapse in registering an occupied high-risk building without justifiable cause might result in stringent penalties – either a hefty fine or imprisonment of up to two years.

Bob Glendenning, Fire Design Engineering Manager for Sherwin-Williams Protective & Marine, stated: “This area of knowledge is becoming increasingly important.

“All stakeholders, from building managers to designers, should be attuned to the ramifications of this act and the ensuing challenges.”

He added: “We can guide our clients in assimilating pertinent data about our intumescent coatings to ensure safety and quality standards.”

Furthermore, he explained the importance of what is termed as ‘The Golden Thread’ – pivotal data that corroborates every phase of a new construction.

He clarified: “It’s imperative for each Principal Accountable Person to furnish accurate details to the supply chain, especially to those catering to the intumescent fire protection package.”

Beyond mere registration, the Principal Accountable Person should have meticulously evaluated all building safety risks, instituted measures to manage them, presented the safety case report to the BSR when solicited, and applied for a building assessment certificate when deemed necessary.

The BSR functions autonomously under the aegis of the Health and Safety Executive and has been instituted to enhance building safety standards, oversee building performance, and ensure the proficiency of industry experts and regulators.

IFSJ Comment

The Building Safety Act 2022 is a significant pivot in the realm of structural safety.

Its introduction underscores the necessity for stringent measures and amplified accountability, especially for buildings classified as ‘high risk’.

Sherwin-Williams Protective & Marine Coatings’ emphasis on this act and its implications is not only timely but also crucial for those within the construction and safety sectors.

By equipping professionals with the requisite knowledge and tools, the act seeks to ensure that every new and existing structure is compliant, thereby ensuring the safety of its occupants.

HSE calls Building Safety Act ‘old measures in a new package’

by Featured NewsSafety

Neil Hope-Collins has called for the industry to embrace the new building safety laws that came into force in April and take advantage of the legal powers they give to specialist contractors.  

Hope Collins, a senior spokesperson for the Health & Safety Executive (HSE) said it was: “absolutely shocking and hugely disappointing” that many firms had made no attempt to prepare for the new safety regime.

“It is old measures in a new package but the emphasis is on being able to properly demonstrate what you should already be doing,” said Hope-Collins, who has been an HM Inspector of Health & Safety for 22 years. 

“The duty holder roles are the same as in CDM, and the Golden Thread is not new information – it is what is ‘golden’ to you and what is needed to keep both the building and the people in it safe now and in the future”. 

He called the implications “massive” because the office of the new Building Safety Regulator created by the Act and managed by the HSE would impose a new safety culture on the whole of the built environment, but he did not envisage “a cliff edge” where the requirements would be enforced uniformly on every project.

He noted that whilst there are some new things in the competence frameworks, much of that is about being able to prove that people understand their role: “It also reflects the fact that in most cases responsibility lies with organisations…corporate bodies, so it is not just about training for skills. You must be able to demonstrate organisational competence.” 

He added that whilst there is a legal obligation on clients to ensure all works covered by the Building Regulations are properly planned, managed, and monitored, and that contractors are required to refuse to start work until “they are satisfied the client is aware of its own duties”. 

Graeme Fox, technical director of the Building Engineering Services Association (BESA), said these measures “can’t come fast enough” and would be welcomed by most building services contractors who had grown frustrated by the failure of people to act on their concerns. 

“At Grenfell people working on the refurbishment chose not to flag up problems they saw, and which led to the disaster. That came out clearly during the public inquiry,” said Fox at the CIBSE’s Build2Perform conference and exhibition where Hope-Collins made his comments.

“We have come across this scenario repeatedly. It is particularly glaring around fire damper inspections where failures have been discovered but the information not passed on to avoid upsetting the client or incurring extra costs.

“The Act means contractors are legally bound to report problems and the client must be able to demonstrate how they acted on that information. This is long overdue.” 

Hope-Collins added that secondary legislation was being prepared that would create the framework for Mandatory Occurrence Reports (MORs) that contractors can use to highlight issues that could lead to a serious incident in the future. Clients will have to demonstrate how they acted on the information in these reports. 

What does the Building Safety Act mean for you?

by Breaking NewsBuilding ManagementIndustry Sectors
Phil Bryant, Amthal Head of Strategic Accounts, explores the changes in fire safety, and new requirements for positive compliance across the supply chain and the sector as a whole.

The Building Safety Act was touted as “one of the most anticipated pieces of legislation in recent years” and with good reason following the tragic Grenfell Tower fire that kick started this legislation.

On resigning from Government, Lord Greenhalgh expressed pride at his work towards ensuring Grenfell “never happens again” and for the passing of the Building Safety Act 2022 into legislation.

Greenhalgh said: “[The Building Safety Act] has brought about the biggest changes to building safety legislation in our history.”

Setting the Scene

There is no doubt that the Building Safety Act will have a substantial impact on everyone from developers, building owners, architects and product manufacturers, through to landlords and tenants in respect of developments at least five storeys or 11 metres in height. 

It is also likely to impact on the whole supply chain as we come to terms with the new requirements for compliance, right from initial design and specification through the whole life cycle of a building, especially when it comes to fire safety. Also worth noting that the Act applies to all buildings, not just residential, although, it does contain more stringent measures that focus on “higher-risk buildings”.

This applies to those at least seven storeys or 18 metres in height, which have minimum two residential units (or bedrooms for student accommodation). It also includes care homes or hospitals.

However, the Act is not all it appears. To be effective, much of it requires secondary legislation which the government says will be put in place over the next six to 18 months.

An example of this is the Fire Safety Act 2022, which came into force on 16 May and demonstrates that there is a focus and drive in parliament to ‘get the job done’.

The Fire Safety (England) Regulations 2022 also now makes it a requirement in law for responsible persons 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. This is in the form of up to date electronic building floor plans.

The regulations sit alongside the Building Safety Act amendments to the Fire Safety Order. They aim together to improve fire safety outcomes designed to protect the public from the risk of fire. And this is by better supporting compliance and effective enforcement in all regulated premises.

The Golden Thread

The aim of the Building Safety Act is to create “lasting generational change,” and this is especially when it comes to fire safety. It is designed to change behaviours, improve competencies and enhance communication at every stage of a works programme, whether new build or refurbishment.

At the core of this objective is the desire for the ‘golden thread’ of information, which disrupts the current norms of silo working and demands a more, structured and formalised collaborative approach to the delivery and maintenance of in-scope buildings. After construction and during the lifecycle of each building, this new regime will also require the maintenance of all information necessary for identifying, managing and mitigating building safety risks associated with fire and structural collapse.  

By working together in partnership from the beginning of the project, compliance with the required golden thread of information can be achieved. This is to store, manage, maintain and retain information. 

Documentation can be created that is “understandable,” “accountable,” “relevant” and “consistent,” as outlined in the conditions of the act, when it comes to building and fire safety. It can all work together to reduce risk and improve value and should be especially accessible if required by emergency services.

Here, fire safety should be considered in the broadest perspective. Whilst much of Grenfell has considered the façade cladding and insulation materials, many more technical aspects include the application of fire compartments within the building, fire-resistant materials and an escape and emergency plan, including review of all fire doors.

Next Steps

Building a safer future necessitates driving a right culture right from the outset, disrupting the current norms of silo working. It demands the creation of a structured and formalised working environment that encourages collaborative interfaces and relationships between team members. 

And yet, it is clear that there is still some work to be done in disseminating the detail and building an understanding of how compliance with the law can be met. A recent survey found that nearly a third of those responsible for fire door safety say they do not fully understand their responsibilities under the Building Safety Act.

The research, carried out by the British Woodworking Federation (BWF) Fire Door Alliance, identified a lack of understanding of fire safety-related responsibilities under the new legislation. Almost one in ten (8%) were unaware of how new laws will affect how fire doors are specified. In line with Lord Greenhalgh’s suggestion that the industry “act quickly to update their practices in line with these new rules,” this must be an urgent priority for those responsible for fire safety.”

Amthal is aware of the extra pressures placed on Responsible Persons, who are already stretched when it comes to budget, resources and time constraints. Given that building owners have already got to comply with the Fire Safety Act requirements including PAS9980 appraisals, it may seem difficult to understand how all of these can be promptly achieved.

This is where working with dedicated partners can help, with the use of accredited engineers that can review a property and conduct a full risk assessment, ensuring every aspect of a fire safety plan is considered. 

This includes the fire doors and emergency escape routes, which all now must be tested regularly alongside weekly regimes.

In summary, there is no doubt the Building Safety Act 2022, coming so soon after the Fire Safety Act, introduces epic pieces of legislation in both scale and effect. Together with a raft of new measures, they really do represent a sea change for the construction sector and those involved with high rise and high risk buildings. 

What the Building Safety Act does is bring to the forefront all the elements that must be considered in building safety, including those to prevent fire and save lives. It also highlights the key importance of accountability during the life cycle of a building and the essential need for clear communication and the ‘golden thread’ of information being easily accessible by all parties.

This is still an evolving issue, and the Building Safety Act is only the beginning of an enormous challenge, where transformation is no longer an aspiration, but a requirement if we are to avoid at all costs a repeat of the Grenfell tragedy. There is much for the industry to understand and do with regard to new and emerging legislation, but the wave of requirements is getting bigger and it will only continue to grow over the next 12 to 18 months.

If we are to successfully ride this wave, then we must all continue to pay attention to the emerging legislation announcements and begin to prepare as soon as possible to meet the many requirements that are coming for new and existing buildings.

Independently owned, Amthal Fire & Security is dedicated to satisfying end user needs for security safety and convenience offering design, installation, service and remote monitoring of advanced electronic fire & security solutions, including intruder, Fire, Access and CCTV systems. 

Amthal Fire & Security is accredited by the Security Systems and Alarm Inspection Board (SSAIB) United Kingdom Accreditation Services (UKAS) and British Approvals for Fire Equipment (BAFE.) For more information, please visit www.amthal.co.uk.

ASFP to host building safety seminar in September

by EventsFeatured News

The Association for Specialist Fire Protection (ASFP) has announced it will hold a seminar in London onMonday 5th September 2022. 

The event is scheduled to run from 10am-3pm and will be held at the Aviva Building London, 1 Undershaft, London.

Keynote speakers from across Government and the fire industry, along with ASFP passive fire protection experts, will be at the event to discuss the topic: Building Safety Act and Competency Pathway – how they will affect you?

The seminar will focus on two key areas: the Building Safety Act and the implications of subsequent secondary legislation. Discussions will also examine how competency requirements will be introduced and managed.

Planned Topics include the latest legislative changes, and amendments to product standards, including the creation of Safety Critical Product groups. There will also be suggestions on the various ways in which passive fire protection professionals can demonstrate their competency.

LFB ‘in serious need of funding’ to tackle building safety crisis

by Featured NewsSafety

The London Fire Brigade (LFB) commissioner Andy Roe has said the fire service is in serious need of funding if it is to effectively tackle the building safety crisis.

At a City Hall Plenary meeting in February, LFB Commissioner Roe said that to inspect just 10% or 20% of London’s approximately 95,000 mid-rise buildings for fire safety defects, the LFB would need to recruit a “significant labour force” of “a couple of hundred” additional specialist fire safety inspecting officers. He also said that there is an £8 million budget gap expected for the LFB in 2022/23.

During Mayor’s Question Time on 19 May, Labour’s London Assembly Fire and Resilience Spokesperson, Anne Clarke AM, entreated the government to support people living in residential blocks of all heights and called for proper funding for the LFB to tackle the building safety scandal, seeking compensation for leaseholders who have already paid out of their own pocket to fix potentially deadly fire risks.

Secretary of State for the Department for Levelling Up, Housing and Communities (DLUHC), Michael Gove, stated developers will pay for mid-rise buildings between 11 and 18 metres with dangerous cladding, and funding has been provided for 8,500 high rise buildings above 18 meters in London.

Blocks below 11 metres that have been deemed in need of remediation work will be assessed on a case-by-case basis, but the government has stopped short of providing blanket protection under the Building Safety Act as revealed by Housing Minister Stuart Andrew in the Commons last month. In response to a question from Ms Clarke, Mayor of London, Sadiq Khan, stated: “I think the height requirement should go, either your building is safe, or it isn’t”.

Ms Clarke said: “Nearly five years on from the Grenfell tragedy it’s completely unacceptable that so many Londoners are living in unsafe homes. Ministers must extend remediation support to all residential buildings with safety defects or combustible cladding. Regardless of height, if leaseholders have already paid, they are owed compensation.

“Londoners are being let down. They’re dealing with this on top of an unprecedented cost of living crisis. It’s disgusting so many have been left to sit with this hanging over their heads. This is a building safety scandal, not just a cladding scandal. The Fire Brigade needs more funding from the government so it can recruit hundreds of specialist fire safety officers to make London safe.”

Quelfire: Building Safety Act brings ‘air of hope’

by Featured News

Fire Protection System supplier Quelfire looks at The Building Safety Act and what it means for the fire industry

It has been nearly five years since the devastating fire that destroyed Grenfell Tower, which saw the loss of 72 lives. Others lost their homes, possessions and loved ones, which changed the course of their lives forever. Since the tragic event, a public inquiry was conducted into the cause of the fire, leading the construction industry to come under heavy scrutiny.

In May 2018, Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety found that “the regulatory system for high-rise and complex buildings was not fit for purpose.” 53 recommendations were put forward to change the way the industry works and create a safer living space for residents. But more importantly, Dame Judith Hackitt looks to drive a cultural change to make sure something this catastrophic never happens again.

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 be directly responsible for 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.

The Building Safety Act (BSA) has named the Health and Safety Executive (HSE) as the Building Safety Regulator (BSR) to oversee the safety and performance of all buildings. With this, comes the duty to assist and encourage improvements in the built environment industry, holding powers of enforcement and sanctions.

Introduction of Gateways two and three will establish new requirements at key stages of design and construction. They are vital decision points within a project that must be passed before it can progress to the next stage, therefore, enabling a rigorous process where each stage of design and construction is monitored.

The Golden Thread, which is a live digital document that allows someone to understand a building and ensure that all information is up-to-date and accurate, will guarantee that any person responsible for any aspect of a project or building – dutyholders – work and findings are handed to the building’s owner upon completion. This will enable the right person to have the correct information regarding the safety of residents and building; ensuring risks are managed effectively. Failure to comply will see that those who are responsible for the safety of a building – the Accountable Person – are charged by criminal offence.

Finally, the introduction of The New Home Ombudsman, which will offer dispute resolution for buyers of new build homes against developers, enables the creation of a Construction Product Regulator (CPR), who will confront poor practice early on in a project and help guarantee that all construction products on the UK market are safe. They will work closely with the BSR to ensure the system of product testing and certification is being followed.

Both parties will assist in advising The Secretary of State on which products should be considered as safety-critical and consequently, remove products from the market that present any safety risks.

 So, what does this mean for the fire industry?

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. 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.