Regulatory reform order

New fire legislation places contractors in the firing line

The new RRO will cover all public buildings, such as libraries and leisure centres, as well as, multiple housing developments, applying where there are five or more employees. It strongly emphasises personal responsibility and requires a renewed focus on fire safety standards. As a consequence, the RRO will lead to a greater emphasis on three important aspects underpinning fire safety: duty of care, best practice, and minimisation of risk.

Fire certificates, currently required under the Fire Precautions Act 1971 for defined buildings, are no longer applicable. Under the RRO, responsibility for making sure that appropriate fire precautions and protection measures are in place is transferred from the fire authority to the individuals who carry responsibility for the building and its occupants. The ‘responsible person’ under the Order will generally be the employer or building owner. Most importantly, there is also provision under the Order for responsibility to be assigned in law to contractors carrying out work that may materially affect fire safety, for example,when carrying out repairs, refurbishments or maintenance. A risk assessment must also be carried out. Penalties for not complying with the RRO include fines, closure orders and even imprisonment. The enforcement authority will be the Fire and Rescue Service in a change of role from consultant to policeman.

Glass is such an important part of today’s buildings that fire-resistant glazing has to be a key element in any fire protection strategy. With the RRO in mind and the inevitable shift of responsibility along the specification-supply-installation chain, it is appropriate to re-visit some of the key principles concerning fire-resistant glazed systems.

System thinking is critical. A fire-resistant glass can only function as intended if it is installed as part of an approved fire-resistant glazed system where all of its components are compatible. Changing just one component on its own could lead to the failure of the whole system in the face of fire. This includes the glass, the glazing seal, the beads, the frame material, frame design, and the fixings for both the beads and the frame. Standard frames and glazing systems must not be considered adequate against fire. And there must be no simplistic assumptions about generic products or systems.

Test evidence of performance is essential. The installed fire-resistant glazed system must be tested and approved as a complete system and test data must be relevant to the installation. The primary required evidence in the UK is a satisfactory test report. If assessments are used then they must be based on relevant test information and, as recommended by the Passive Fire Protection Federation, carried out by suitably accredited individuals or organisations.

Consistent specification

The installed fire-resistant glazed system must be the same as the system that was approved. It is essential that there are no last minute changes or short cuts. Most importantly, the documentation of exactly what has been installed – with components identified by name for reference, when necessary, by the ‘responsible person’ – must be available. The repairing or replacement of any system component must be carried out according to the original specification. If there is uncertainty regarding the specification then the whole system may need to be replaced.

Product performance under likely fire conditions is a key factor in considering protection for building occupants. In this respect an important distinction must be made between integrity only and insulation with integrity performance. The radiant heat levels from most types of integrity glazings, especially clear glass and those not based on insulating-type interlayers, can be relatively high, especially within short distances from the glass surface. This can lead to serious burns and ignition of fixings and fittings made from light synthetic materials. Insulation performance, in contrast, provides safe protection against heat, as well as providing an effective barrier to flames and smoke. An insulation with integrity glazing has demonstrable advantages at critical points, such as potentially crowded escape routes.

The RRO brings a major change in the provisions for fire safety in buildings. It places responsibility centre stage and will encourage transfer of responsibility and accountability for fire safety along the product and installation chain. It highlights that fire safety cannot be left as the sole concern of the fire and rescue service and regulators. Whichever way the new law is viewed, there will inevitably be a much closer look at the appropriateness and correctness of installed fire-resistant glazed systems. The need for evidence of installation and performance will be greater. And in turn the application of demonstrated best practice and the following of recognised standards are likely to be scrutinised more closely. In all these respects there are inescapable implications for those providing and installing fire-resistant glazed systems.