Following fire safety standards does not guarantee compliance with relevant laws – but compliance is crucial, especially when it comes to passive fire protection systems such as fire curtains
When it comes to fire safety regulations, compliance is crucial. However, as the British Standards Institution (BSi) notes, following a standard does not guarantee compliance with relevant laws. This is especially important to consider when it comes to fire curtains, a crucial element of passive fire protection systems.
In this article, we’ll discuss the regulatory landscape for fire curtains and how compliance is vital to ensure fire safety in buildings. You can read more in our white paper, ‘Fire curtain regulations in the UK.’
The challenges of liability
According to a survey of architects, liability related to fire safety is one of the biggest challenges faced by their companies. With 43% of architects constantly worried about liability in relation to fire safety system specifications, it’s clear that compliance with regulations and standards is not just a matter of safety but also of legal liability.
The UK Government’s guidance on the Construction Products Regulations 2013 (CPR) requires construction products to have a CE marking if they are covered by a harmonised European product standard.
For fire curtains, the only harmonised standard available to CE mark products is BS EN 16034. This standard covers vertical fire curtains and was harmonised on 1st Nov 2019 meaning that CE marking to BS EN 16034 is legally required for vertical fire curtains since that date.
BS EN 16034 vs. BS 8524:1
To keep BS 8524:1 legal to use on its own for fire curtains after 1st November 2019, it would be necessary to argue that BS EN 16034 did not cover fire curtains. However, vertical fire curtains are clearly covered by BS EN 16034, as evidenced by CE marking certification provided by Notified Bodies like Applus+ who are accredited by Accreditation Body ENAC. Therefore, the only legal use for BS 8524:1 after 1st November 2019 for vertical fire curtains is in an ancillary capacity, subservient to BS EN 16034.
Importance of compliance
Legal compliance has to be of primary importance, and this makes BS EN 16034 to right standard for vertical fire curtains. BS EN 16034 is harmonised and covers vertical fire curtains and hence it is a legal requirement oftheCPRtoCEmarktoit.
Compliance with a British Standard cannot confer immunity from legal obligations.
If advised to buy fire curtains that do not comply with the CPR, it’s important to ask for indemnity backed by an AAA-rated insurer against adverse consequences.
If concerned about fire curtains installed or purchased since 1st November 2019 not complying with the law, it’s advisable to refer to government guidance on the EU Construction Products Regulation and CE marking.
If in the predicament of having placed orders for non-compliant products, it’s important to evaluate whether installing something non-compliant is worse than having to U-turn on existing procurement.
Third-party certification
Where there are no direct regulatory requirements, for example for those products not covered by a harmonised standard, the 2nd consideration when choosing life-safety products should be third-party certification.
The leaders in the industry are unanimous as to the necessity for third-party certification from a UKAS or equivalent accredited Notified Body. For example:
ASFP say, “any passive fire protection system… should be fully backed up by third-party certification for the manufactured product”.
FIREX say, “We took the decision last year [2022] to make it a condition of exhibiting at FIREX that any manufacturer who provided fire safety products… they needed a third party approval of the products… we are very, very glued into and locked into third party approval as a condition… we want visitors to understand that when the come to FIREX”.
Third-party certification provides independent accredited Factory Production Control and auditing. Without it, anyone can potentially manufacture products that apparently are the same as the tested specimen but there is no independent and regulated auditing of this.
The only third-party product standard certification available for other fire curtains is:
Concertina fire curtains – BS EN 16034
Horizontal fire curtains – ISO 21524
International Fire Consultants (IFC) and Warringtonfire have withdrawn from offering third-party certification to BS 8524:1.
The last remaining third-party certification for BS 8524:1 expires on 9th June 2023.
Whilst we welcome improvements to BS 8524:1, it can only be used in an ancillary capacity for vertical fire curtains as long as the CPR is legally required. Whether – or when – a new and improved BS 8524:1 would cover concertina fire curtains remains to be seen, and BS 8524:1 has never been used to cover horizontal fire curtains. This means the applications for BS 8524:1 on its own are very narrow.
The future of BS 8524:1
BS 8524:1 and BS EN 16034 have a lot of crossover, meaning BS 8524:1 would reasonably be viewed in the category of “conflicting national standards” referred to in the harmonised standard foreword of the BSi publication of BS EN 16034.
Additionally, third-party certification isn’t cheap; otherwise, everyone would have it, and for a manufacturer to have two sets of certifications, either the same product has to be sold for a higher price, or the delivery service/ product quality has to be cut.
We have to remember we operate in very open markets and a number of components are manufactured in the same places for different fire curtain companies.
This then puts the question to the consumer, Do you want to pay more certification costs so as to use BS 8524:1 in an ancillary capacity? Are the benefits sufficient, and/or can they be obtained another way?
For a full and detailed comparison between the two standards, you can read our white paper, ‘A technical comparison of BS EN 16034 and BS 8524.’ In reading this white paper you will see where the standards cross over and where they have differences.
In conclusion, third-party certification remains a critical component for ensuring the safety and protection of buildings and their occupants. Legal compliance is mandatory and it’s important for manufacturers and contractors to prioritise safety measures and comply with industry standards and regulations, including third-party certification requirements.
Some key points to take from this article:
“Standards aren’t the same as regulations and following a standard doesn’t guarantee that you’re within the relevant laws”. (BSi, 2023)
The government guidance on the ‘Construction Products Regulations’ “includes requirements for construction product to have CE marking… if… it is covered by…a harmonised European product standard…”. (GOV UK, 2022)
“A person who supplies a construction product… shall be guilty of an offence unless… the product has affixed to it the CE marking. (GOV UK, 2013)
“A person guilty of an offence under this regulation shall be liable on summary conviction to imprisonment… or to a fine”. (GOV UK, 2013)
BS EN 16034 is the only harmonised standard available to CE mark fire curtains to.
Since the CPR came into force on 1st July 2013, everyone in the supply chain has a duty of care responsibility, whether buying, selling, specifying, approving, or installing.
International Fire Consultants (IFC) and Warringtonfire have withdrawn from offering third-party certification to BS 8524:1. The last remaining third-party certification for BS 8524:1 expires on 9th June 2023.
ASFP say, “Any passive fire protection system… should be fully backed up by third-party certification for the manufactured product”. (ASFP, 2021)
This article was written by the team at Adexon Fire & Smoke and includes the views of the Adexon team, it intends to raise awareness and standards in the fire safety industry.
If you have any questions, please get in touch with our Technical Consultant Tom Bigwood.
*Please note: This is a commercial profile.
Tom Bigwood
Technical Consultant
Adexon Fire & Smoke
Tel: +44 (0) 151 294 3378
tom.bigwood@adexon-uk.com
The post Don’t get burnt by non-compliant fire curtains appeared first on Planning, Building & Construction Today.
