Section 2: Amendment of Part B (Fire Safety) of the Building Regulations: Recognition of Harmonised European System of Fire Testing

Outline

1. This section of the RIA addresses the amendment of the Building Regulations (England & Wales) with relation to fire safety so as to recognise the new harmonised European system of reaction to fire and fire resistance testing. England & Wales must recognise the new system of harmonised product standards, and supporting fire standards, having implemented the Construction Products Directive (CPD) through the Construction Products Regulations (CPR) (see paragraph 17 below). It is important to understand that it is the CPD that has necessitated the need to now refer to these new European Standards within the Building Regulations and supporting guidance of all of the European Member States.
2. A draft RIA for was produced as part of the public consultation exercise on the proposal that took place from November 2001 to February 2002. The RIA (and the proposed amendments of Approved Document B) have both been revised in the light of comments received during the consultation exercise, and the RIA now also includes the results of a small business litmus test.
3. The Construction Products Directive (CPD) is one of the "New Approach" Directives. The intention of the CPD is to remove technical barriers to trade within the European Economic Area (EEA) as part of the move to complete the Single Market. The EEA comprises the European Community and three of the four states making up the European Free Trade Association (EFTA). The member states of the European Union (EU), the EEA and the EFTA are listed at Annex D.
4. The aim of the CPD is ensure existing national standards and technical approvals are replaced with a single set of European-wide technical specifications (i.e. harmonised European standards and European Technical Approvals) for construction products.
5. The CE marking is, in effect, a "passport" enabling manufacturers to place their product on the market in any country in the EEA. However, products declared characteristics will still need to satisfy the level of performance set by the Member State where it is intended to be used.
6. The marking may be affixed to the product itself, to a label attached to it, on its packaging or on any accompanying documentation (e.g. a bill of loading or delivery note). Harmonised technical specifications will include details of how the marking should be affixed.
7. Any manufacturer whose products are specified and are provided with a CE marking according to European technical specifications cannot have his product refused entry to EEA markets on technical grounds. Under the CPD, a product bearing the CE marking will be presumed to meet the requirements of these specifications.
8. As the CPD is concerned with the placing of construction products on the market it aims to facilitate the removal of potential barriers to trade, therefore it is important that the respective European Building Regulations, in this case Part B, provide visible recognition of these new supporting European test methods. While the UK is fully supportive of the CPD and what it is trying to achieve, it has not made CE marking mandatory.
9. The last substantive revision of the fire safety aspects of the Building Regulations, and the supporting Approved Document B, came into force on 1 July 2000¹.
10. The adoption of a harmonised system of reaction to fire² and fire resistance³ testing and classification across the European Union, in support of the CPD, means that Approved Document B requires revision to incorporate the new European test and classification methods. The current (2000) version of Approved Document B currently only references the BS 476 series of fire tests to classify building materials/products and, in addition, Requirement B2 (Internal fire spread (linings)) still relates to the limitation of fire spread within the building, essentially based on the contribution of internal linings to flame spread and rate of heat release. However, the Requirement B2 has been extended to include specific reference to 'rate of fire growth' and 'products' in order to accommodate the new European system
11. It is proposed to recognise the new system of harmonised products standards, and their new supporting fire test and classification methods, through the publication of amendments to both the Building Regulations and Approved Document B (Fire Safety) 2000 edition.
12. This section of the RIA deals with:

• the purpose and intended effect of the proposed amendment (i.e. the proposed European supplement),
• the options that have been considered,
• consultations with small businesses,
• the benefits that will result,
• the compliance costs (principally for building materials producers), and,
• other costs that may accrue.

13. A summary of costs and recommendations on which option to choose is given on page 10.

¹ DETR. The Building Regulations 2000 Fire Safety. Approved Document B (2000 Edition).

² Official Journal of the European Communities L50, pp.14-18, 23/2/2000 “Commission decision of 8 February 2000 implementing Council Directive 89/106/EEC as regards the classification of the reaction to fire performance of construction products”.

³ Official Journal of the European Communities L133, pp.26-32, 6/6/2000 “Commission decision of 3 May 2000 implementing Council Directive 89/106/EEC as regards the classification of the resistance to fire performance of construction works and parts thereof”.

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