Building Fire Safety And Compliance - FRConsultants

1. THE FIRE SAFETY ACT 2021 An integral piece of law that all those responsible for multi-occupied buildings should know and understand Presented by Dorian Lawrence, ManagingDirector of FR Consultants.

2. Dorian Lawrence MCIOB, C.Build E, MCABE Managi ing Diirector, , FR Consulltants A Chartered Building Surveyor and Chartered Building Engineer with 35 years' experience in external façades in construction, process, project management, materials, design, programming and testing.

3. The UK's Leading Façade Experts façade and fiire safety, , and complliiance.. We work nati ionwi ide, , proviidiing an end-to-end sollutiion to FRC''s mission is to make Britain''s buildings safer, , compliant, , saleable, , mortgageable and insurable. . We deliver services nationwide, , with a highly qualified workforce..

4. What is the Fire Safety Act? • The Fire Safety Act was introduced on the 19th of March 2020. • It became an Act of Law on the 29th of April 2021 after passing through parliamentary process and receiving royal assent and commenced in full on the 16th of May 2022. • The Act follows the Government Fire Safety Consultation • The Fire Safety Act is the first legislative step in the process of implementing the recommendations from the Grenfell Tower Inquiry - Phase 1

5. The Fire Safety Act 2021 The Act makes essential changes to the Fire Safety Order (2005). Where a building contains two or more sets off domestic premise, the Responsible Person must take account off structure, external walls and flat entrance doors in a fire risk assessment.

6. • Section 1 Premises to which the Fire Safety Order applies The Fire Safety Act 2021 makes essential amendments to the Regulatory Reform (Fire Safety) Order 2005, including the types of premises to which it applies and clarifications of the scope. • Section 2 Power to change premises to which the Fire Safety Order applies • Section 3 Risk based guidance about the discharge of duties under the Fire Safety Order • Section 4 Extent, commencement and short title

7. SECTION 1 All multi-occupied buildings (of any height) in England and Wales must have a Fire Risk Assessment which takes into account (via an FRAEW): Structure and external walls (assessments may need to check through to internal plasterboard) Doors between domestic premises and common parts Attachments to the external wall, including balconies Any common parts Doors and windows within the external wall

8. SECTION 2 SECTION 3 Power to change premises to which the Fire Safety Order applies. Risk based guidance about the discharge of duties under the Fire Safety Order. The Fire Safety Act 2021 gives ‘relevant authority’ the power to amend the Regulatory Reform (Fire Safety) Order 2005 for the purposes of changing or clarifying the premises to which it applies. Where it is alleged that a person has contravened regulations made under article 24 of the Fire Safety Order • Proof of failure to comply with applicable risk- based guidance may be evidenced to establish a contravention • In England, the ‘relevant authority’ refers to the Secretary of State. • Proof of compliance with applicable risk-based guidance may be evidenced to establish that there was no contravention • In Wales, the ‘relevant authority’ refers to the Welsh Ministers.

9. SECTION 4 Commencement In England Section 2 of the Act commenced on the 29th of June 2021 In Wales Section 1 and Section 3 of the Act commenced on the 16th of May 2022 meaning the Fire Safety Act is now in full force. Welsh ministers have commenced all sections of the Fire Safety Act as of the 1st of October 2021.

10. What is the new Fire Risk Prioritisation Tool? following the commencement of sections 1 and 3 of the Fire Safety Act. The tool can assist the Responsible Persons in showing due diligence and assist in establishing in any proceedings that they are meeting their obligations under the FSO (as amended by the Fire Safety Act 2021). Following completion, a priority rating will be given which will assist with prioritising the review of the fire risk assessments for the building, including external walls. A new Fire Risk Assessment Prioritisation Tool has been made available Competent FireSafety Professionals are expected to prioritise buildingsin Tiers 1 and2. The results may be referred to, and relied upon, in relation to any legal proceedings concerning a responsible person’s alleged contravention of the duties in the FSO as amended by the Fire Safety Act.

11. What information is required? What do the priority ratings mean? Before the responsible person can utilise the new tool, they will need to ensure they have the following information: Tier 1 - (Very High) take immediate action to engage a competent professional who can advise on external walls and update the FRA • Height of the building (in storeys) • Composition of external wall and covering materials • Most recent fire risk assessment for the building • Details of any balconies on the building • Composition of windows Tier 2 - a (High) take action as soon as practically possible to engage competent professional and update the FRA Tier 3 - (Medium) appoint the services of a competent professional when they are able to do so (this reflects the understanding of availability of competent fire safety professionals) Tier 4 - (Low) not expected that the responsible person will need to appoint a competent professional to assess the external walls. May wish to bring forward review FRA. • Number of staircases • Details of current evacuation strategy • Information on the buildings fire safety systems, sprinklers or communal fire alarms • If the building is designed as ‘general’ or ‘specialised’ • Details of any recent fires of Tier 5 - (Very Low) consider those duties in the FSO amended by the FSA when next reviewing FRA

12. How will we assess the at risk buildings?

13. PAS 9980 & FRAEWs As part of ongoing reform, the Government have commissioned a new Publicly Available Specification (PAS) code of practice for examining external walls of existing multi-occupied buildings of any height. The PAS 9980 has been developed by the British Standards Institute (BSI) and was published 12thJanuary 2022. The FRAEW to which PAS 9980 refers is not within the competence of a typical Fire Risk Assessor who carries out the FRA for a block of flats. Where an FRAEW is considered necessary, the PAS is intended to provide recommendations and guidance tailored to the particular risk posed by fire spread over external walls, and to provide tools for a competent person to carry out the FRAEW. Examples are buildings in which the external wall construction can readily be confirmed as being of traditional masonry construction, or cases in which it can, otherwise, readily be determined by a typical fire risk assessor (e.g., from the age of the building if it predates the mid-1960s, from an operation and maintenance manual or an existing report by a competent person, based on a relevant BS 8414 test) that no FRAEW is necessary.

14. How do the risk ratings work? approach PAS takes a risk-based approach rather than a compliance-based HIGH RISK Category 3 ACM The PAS seeks to apply a degree of quantitative and qualitive judgement, however any FRAEW will inevitably be to a large degree subjective. MEDIUM RISK LOW RISK 75mm masonry wall

15. Factors for Consideration Facade Configuration Fire Strategy Fire Performance BuildingHeight |Height of Cladding above the Ground |Extent of Cladding|Extent of Continuous Cavities |Continuous sections of SpandrelPanels |Setbacks and Overhangs | Proximity of Windows and Openings| Presenceof Vents or Service Openings | Presenceof Combustible Materials to Openings on the Escape Routes |Attachments such as Balconies Occupancy |EvacuationStrategy|Escape Route Design|Compartmentation | SmokeControl |Fire Alarm and Detection System|Fire Suppression| Fire-FightingFacilities|Rising Mains |Fire- FightingLifts |SpecificFire Hazards CladdingMaterial |Cavities andCavity Barriers,Fire Stopping &Gaps |Insulation |Substrate includingFire Protection of Structural Frame |SheathingBoard | Spandrel Panels Risk Rating

16. Sample Report Materials, Façade Complexity and Fire Strategy Measures are assessed and ranked accordingly in a tabular format. In each of our reports we ensure the Façade

17. Review Risk Factor Analysis As abaseline,youshould assumeduring theanalysisthatthe starting point is ‘high risk’ Factoringineachof thethree elementsinturn determines how this effectstheoverallrisk scale. Itwill beimportantto detailyour considerations andlimitations whenpreparing this analysis. Theoutcome of your assessmentcould require further intrusive analysisof fire engineeringdetermination, especiallywhere the conclusionscannotfullyconfirm whetherthecombustible elementswithinthewallcanremainin-situwithout further compensatorymeasuresbeingrequired. The scale is an intrusive tool and should only be used to indicate where the risk sits broadly within a band i.e. high, middle or low.

18. An Example Report Location of façade/cladding set back from main elevation High Pressure Laminate with combustible insulation

19. Expected Skillsets of a Competent External Wall Assessor “The cultural change, training, metrics, tools and resources applied to health and safety now need to be applied to technical competency.” - Adam Nicholson, McLaren Construction. “The FRAEW to which PAS 9980 refers is not within the competence of a typical Fire Risk Assessor who carries out the FRA for a block of flats.” PAS 9980 has been specifically developed for competent Fire Engineers and other competent building professionals undertaking a Fire Risk Appraisal of External Walls (FRAEW). A key requirement for all three levels is to know the limitations of their skillset and can draw in additional skills if required.

20. Fire Safety Act Compliance with FRC

21. Regulations Recommendations from the Hackitt report and the Grenfell Tower Inquiry will form part of future regulations under section 24 of the Fire Safety Order. Secure Information Boxes Personal Emergency Evacuation Plans The Fire Safety (England) Regulations 2022 will make it a legal requirement from 23 January 2023 for existing high-rise residential buildings to have a Secure Information Box installed on the premises. The regulations will require the responsible person to install a suitably secure information box in, or on, their building. The Grenfell Tower Inquiry made recommendations for the preparation of PEEPs for relevant people to be required by law and that the owner and manager of high-rise residential buildings be required to keep these plans on site in a Secure Information Box. They will also be required to provide: STATUS: The Fire Safety Consultation consulted on proposals for PEEPs but found that the issue was extremely complex. The Government sought further views from those most likely to be impacted through a public consultation, which ended in July. The consultation raised more questions around the substantial difficulties of mandating PEEPs in high- rise residential buildings around practicality, proportionality and safety. Given these concerns, the Government will undertake a new consultation, including a proposal called ‘emergency evacuation information-sharing’ (EEIS). • Their UK contact details • The UK contact details of any other person who has the facilities to, and is permitted to, access the building as the responsible person considers appropriate • Copies of the building’s floor plans – which identify specified key fire- fighting equipment • A single page block plan – which identifies specified key fire-fighting equipment The information in the boxes is information only of use by and interest for the fire and rescue service, who should have access provided. Boxes should be maintained, and their contents kept up to date in line with the duties imposed by the regulations and the Fire Safety Order. The consultation will look to ensure that the golden thread exists between planning for the safe evacuation of a mobility-impaired person when needed and the response of the fire and rescue services in the event that a building needs to be evacuated.

22. A Summary The Fire Safety Act 2021 makes assessing the external walls (including attachments) and flat entrance doors in multi-occupied buildings of any height a mandatory requirement; meaning that even buildings that do not fall into the scope of the Building Safety Act are protected. The Fire Safety Act commenced fully in England on the 16th May 2022, so those responsible for ensuring compliance with these new requirements will need to be planning accordingly. The Building Safety Act is still in the process of being finalised. Once it passes, new and existing buildings over 18mtrs/7 storeys will be subject to a stringent new set of requirements, including safety case reports and Golden Thread information gathering. Both pieces of legislation will greatly enhance life safety in all multi-occupied buildings through more stringent assessments, risk-management and accountability, albeit increasing the cost to the lessee.

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