The Association for Specialist Fire Protection · The Association for Specialist Fire Protection ... Statistically 40% of businesses will be out of business ... Building Regulation

Fire and Your Legal Liability

Competency and fire safety within the built environment

Wilf Butcher, CEO Association for Specialist Fire Protection

The Association for Specialist Fire Protection

Pioneering fire protection through innovation and professionalism



When Originally known as the Association of Structural Fire Protection Contractors and Manufacturers (ASFPCM), the association was formed in 1975


The ASFP - A brief background history

Why In recognition of a need to bring together passive fire protection (PFP) manufacturers, contractors and testing/certification bodies to encourage, develop and give guidance on essential standards in PFP.



To better reflect the diversity of the work then being undertaken in the fields of fire stopping, fire resisting ducting, fire dampers, fire resisting partitions and other elements used for compartmentation

In 1996 the Association changed its name to the Association for Specialist Fire Protection



The Association is responsible for and/or has had a significant input into the vast majority of guidance and standards that exist today across the whole spectrum of the PFP sector.

In 1996 the Association changed its name to the Association for Specialist Fire Protection



In 2010 the Association formed the Association for Specialist Fire Protection - Ireland



To specifically support those responsible for legislation, specification, inspection and installation of passive fire protection throughout Ireland

Manufacturers Contractors Testing and certification bodies and many other associate members

Today the ASFP and ASFP Ireland are further broadening our membership and remit to reflect and respond to the significant changes and challenges that are taking place at many levels within the PFP sector


Who is the Association made up of?


The Reality of Fire

2000 years ago life was simple

King Herod (74BC-4AD) introduced a law which stated that: ‘Should a man construct a building which falls down and kills another then this man should be slain ’.


Life is a little more complicated today!

So just how important are passive fire protection measures in today’s

building design!

Other than fire fighters few of us have had to face the reality of fire and smoke spread!

The Reality of Fire


The Reality of Fire

So just how important are passive fire protection measures in today’s building design!


The answer of course is quite clear, it’s essential!

The Reality of Fire


The Reality of Fire

Common Conceptions…….

• Wood Burns

• Structural steel does not collapse in a fire

• Concrete is fireproof

• Holes are a general maintenance issue

• There is always time!

………Or are they Misconceptions


Polat Tower Fire, Istanbul July 2012

Fire in Tall Buildings - Are they a special case?

The Reality of Fire


Torre Windsor

Madrid 2005

Built in 1970’s

No slab edge

firestops


The Reality of Fire

Basement floors were not affected, proving that the deficiency was in the slab edge fire protection, not fire stopping around services


Fire started 21st

floor

Spread to all 30 above ground

floors

Burning droplets


The Reality of Fire


The answer starts with the specification

The Reality of Fire


Fire damaged buildings can always be rebuilt

Their priceless content however will be lost forever

Statistically 40% of businesses will be out of business within 12-18 months following a major fire

The Reality of Fire


The Reality of Fire

Is designing for or building in an appropriate fire solution simply a matter of determining what is suitable and sufficient?


The Reality of Fire


Or is the route to construction a little more complex!


The Reality of Fire


Or is the route to construction a little more complex!

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Statutory guidance documents

• Statutory guidance documents

• England & Wales – Approved Document B 2006 • Scotland – Technical Handbook B 2010 • Northern Ireland – Technical Booklet E 2005 • Republic of Ireland – Technical Guidance Document B 2006

• Other codes of practice

• BS 9999: Fire safety in the design management and use of buildings • BS 9991: for residential buildings • BS 7974: Application of fire safety engineering principles to the design

of buildings • Department of education BB 100 Design for fire safety in schools • Health Technical Memorandum 05 – 01, 05 – 02A, 05 – 02B, 05 – 03


The Building Regulations

• Lists the requirements for fire resistance of compartment walls and floors, including any steel passing through the compartment wall/floor.

• Section 10.2 – ‘If a fire separating element is to be effective, every joint or

imperfection of fit, or opening to allow services to pass through the element, should be adequately protected by sealing or fire-stopping so that the fire resistance of the element is not impaired’

• Section 10.17 – ‘ In addition to other requirements for fire-stopping, all joints between fire separating elements should be fire stopped, and all openings for pipes,ducts, conduits or cables to pass through any part of a fire

separating element should be – Kept as few in number as possible – Kept as small as possible – Fire stopped [which in case of a pipe or duct, should allow thermal movement]

Approved Document B: 2006



This can be the reality!

Technical Guidance Document B: 2006



3rd Party Installation Certification ADB 0.20 ‘.... provide a means of ensuring that installations have been conducted by knowledgeable contractors to appropriate standards, thereby increasing reliability of the anticipated performance in fire’

The England and Wales Building Regulations also state:



3rd Party Certification is not mandatory!



“building work shall be carried out with adequate and proper materials which are appropriate for the circumstances in which they are used”

Regulation 7

But is it all not just common sense?



I think I have made my point!

Building Regulation 38



Within the Building Regulations there is an expectation that the duties of Building Regulation 38 (previously known as Regulation 16b) will be reliably carried out and the building user/owner will be fully informed of the fire protection provisions in the building he now occupies

‘Regulation 38 requires that, where building work involves the erection or extension of a relevant building, fire safety information shall be given to the responsible person at the completion of the project or when the building or extension is first occupied’

Appendix G

Regulatory Reform (Fire Safety) Order 2005














RRO(FS)O Article 17 – Maintenance

83. The responsible person must ensure, where necessary in order to safeguard the safety of relevant persons, that the fire precautions are maintained in good working order (see also article 38, about protection of fire-fighters). This includes any facilities which have been provided under Building Regulations, the Housing Act 2004 or other legislation such as local Acts; and including any enactment repealed or revoked by the Order. Risk assessments, as required by article 9, should include references to maintenance.


The responsibility is yours

FIRE AND YOUR LEGAL LIABILITY

If you are involved in provision of fire protection, at any level, then you share liability for its usefulness and its operation when it’s needed in fire, and that liability will still be there in the event of a court case.




If it is your responsibility to specify the materials and/or appoint the installation contractor, it is also your responsibility to ensure that they can prove competency for the fire protection materials used, or the works to be carried out. It’s no longer simply a duty of care or voluntary – it’s a legal obligation.

Are you competent?




If it is your responsibility to manage or install passive fire protection products, materials or systems, it is also your responsibility to ensure that they are ‘fit for purpose’ i.e. that the manufacturer’s fire test and certification evidence fully covers the intended use.




It is also your responsibility to ensure that the installer can demonstrate appropriate competency in the installation of the passive fire protection products, materials and systems used. It’s no longer simply a duty of care or voluntary – it’s a legal obligation



It is your responsibility to ensure that any installation of, or repair to, passive fire protection is undertaken by those with sufficient competency




It is your responsibility to ensure that any installation of, or repair to, passive fire protection is undertaken by those with sufficient competency



14.10 Monitoring

The frequency of monitoring activity will be dictated by the building’s risk profile. Buildings with hazardous contents, high occupancy levels or high rates of change are examples of a higher risk category. The period between monitoring activities should not, of course, be allowed to exceed any Statutory or Health and Safety Executive guidance minimum. It is important to ensure that all activities within the building that might affect the PFP are monitored and responded to where necessary.





Which is why it is essential you ensure that the people or company you employ to carry out the

work can PROVE that they are competent



Would you allow an unqualified plumber to work in your building?

To become a qualified plumber you will need an industry recognised qualification at level 2 or 3. The main qualifications needed to become a qualified plumber are: • Level 2/3 Diploma Plumbing and Heating • Level 2/3 Diploma Installing and Maintaining Domestic

Heating Systems.



Would you allow an unqualified electrician to work in your building?

To qualify as an electrician, you need an industry-recognised level 3 qualification, such as: • Level 3 Diploma in Electrotechnical Services (Electrical

Maintenance) • Level 3 Diploma in Installing Electrotechnical Systems &

Equipment (Buildings, Structures and the Environment) • Level 3 Diploma in Electrical Installations (Buildings and

Structures) if part of an Apprenticeship.



However do not assume that competency in one discipline will automatically be reflected in another



Is there a NVQ in Passive Fire Protection?

Cskills Awards L2 NVQ Diploma in Associated Industrial Services Occupations (Construction) - Passive Fire Protection



Passive Fire Protection QCF351 Applying Intumescent Coatings in the Workplace QCF357 Applying Non-reactive Spray Coatings in the Workplace QCF641 Conforming to General Health, Safety and Welfare in the Workplace QCF642 Conforming to Productive Working Practices in the Workplace QCF250B Erecting and Dismantling Access/Working Platforms in the Workplace QCF356 Erecting Fire Resisting Ceiling Systems in the Workplace QCF355 Erecting Fire Resisting Walls and Linings in the Workplace QCF354 Installing Cavity Barriers in the Workplace QCF350 Installing Dry Cladding in the Workplace QCF352 Installing Fire Resisting Ductwork Systems in the Workplace QCF358 Installing Fire Resisting Timber Doorsets in the Workplace QCF353 Installing Fire Stopping in the Workplace QCF643 Moving, Handling and Storing Resources in the Workplace



Passive Fire Protection


3rd Party Certification

Which is why 3rd Party Certification is important



• Supporting evidence of the quality of the PRODUCT or SERVICE for Architect, Specifier, Contractor, Building Control Authority, End-user, RESPONSIBLE PERSON and any other stakeholder

• Assures the quality of the product or service INDEPENDENTLY of the supplier

• Encouraged by Authorities such as DCLG (AD-B), Scottish Government, AI, LABC, CFOA etc.

• Encouraged by all fire protection trade associations • Creates a level playing field for installers • Protection against claims

Quality Assurance /Third Party Certification – What is it?



Two types of Certification

Certification of Products • Relates to products sold on the

market • For manufacturers • Stakeholders

• Manufacturers • Installers • Architect/Specifier • Enforcement authority • Local authority • Wider community

Certification of Installers • Relates to services carried out by

installing contractors • For installers/contractors • Stakeholders

• Installers • Manufacturers • Architect/Specifier • Enforcement authority • Local authority • Wider community



Product Certification – How does it work?

No certification • No independent selection of

specimens • No assurance of ongoing

consistency • No audit testing • No evaluation of other parameters • Limited scope of applicability

With product certification • Samples selected by certification

body • Initial and on-going evaluation • Audit testing/procedures • Fitness for purpose evaluation • Wide variety of products covered



Quality Assurance/Third Party Certification of Installers



Installer Certification – How does it work?

No certification • Products installed by untrained

staff • Use of unproven products and/or

systems • Wrong, missing components • No certificate of completion • No independent inspection of

completed works

With installer certification • Only staff whose competence has

been evaluated are used • Only certificated products used

(no mix’n match) • Records of jobs must prove right

products are used • Certificate of completion • Random independent site

inspection

For the last decade all ASFP Contractors are required to gain 3rd Party Certification from a UKAS accredited Certification Body as a mandatory requirement of entry to and membership of the ASFP




Fire is a holistic issue

To be clear, fire is a holistic issue

Fire protection is never one single issue but rather a mixture of both ‘active’ and ‘passive’ measures that come together to achieve an overall solution

For Example • Fire Detection • Extinguisher Systems • Sprinkler / Mist Systems • Signage • Structural Fire Protection • Fire Containment • Flame Retardancy • Evacuation Procedures



Add to this mix other key factors such as:

For Example • Fire engineering • Fire safety enforcement • Progressive developments in

modern methods of construction

• Regional regulatory change from within both the UK and Europe

• Ongoing fire risk assessment



It is, therefore, clear that that fire safety is made up of many disparate disciplines not always working in as joined up a way as may be assumed!

Which is why, if fire safety forms part of your remit, you need to satisfy yourself that you possess and/or utilise others that possess the necessary and essential competencies.



Why is this essential?

To ensure that appropriate fire safety is achieved it is essential to appreciate a number of crucial issues, namely:

• The robustness of the building design

• The appropriateness of the fire-resisting products and systems chosen

• The certainty that such products and systems will be installed

correctly

• That the fire resistance of the building as a whole is maintained adequately throughout its entire working life

Make a start with the two ASFP documents



Ensuring Best Practice for Passive Fire Protection in Buildings

ASFP Guide to Inspecting Passive Fire Protection for Fire Risk Assessors

Find out more on at the ASFP Zone (Stand D179)


A building is for life!

Building Design Construction Building Maintenance


At the turn of last decade the ASFP completed a detailed three-year ‘Partners in Innovation’ project, partly funded by the then Office of the Deputy Prime Minister and the Department of Trade & Industry, where independent research on fire safety provisions in a wide variety of nominated types of buildings was collected.



A high percentage of compartment walls were either defective, through poorly installed fire stopping of penetrating service systems, or invalidated by incompetent maintenance



Or worse either no fire protection measures at all


The simple fact is that passive fire protection works!










A concluding thought!


To Sum Up

What conclusions can we draw from this short presentation? When it comes to fire protection, there’s nothing wrong with thinking outside of the box. Provided you understand the consequences of getting it wrong!

Questions

www.asfp.org.uk

http://www.asfp.org.uk/�

Wilf Butcher Chief Executive Officer

Association for Specialist Fire Protection Kingsley House Ganders Business Park Kingsley Bordon Hampshire GU35 9LU

ASFP Office Tel: +44 (0)1420 471612 Home Office: +44(0)1252 641787

Fax: +44 (0)1420 471611 Mobile: 07914 354788

E-mail: [email protected] Website: www.asfp.org.uk


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The Association for Specialist Fire Protection · The Association for Specialist Fire Protection ... Statistically 40% of businesses will be out of business ... Building Regulation