Building Standards (Fire Safety) Review Panel 2021 minutes: December 2020

Attendees and apologies

• Peter Drummond, RIAS (chair), (PD)
• Sam Allwinkle, CIAT, (SA)
• Colin Blick, Welsh Government (WAG), (CB)
• Charles Elie-Romeyer, MHCLG, (CER)
• Colin Todd, Independent expert, (CT)
• Craig Ross, RICS, (CR)
• Damian Fairley, DFP NI, (DF)
• David Metcalf, SFE/CWCT, (DM)
• Eoin O’Dowd, DBLGH Eire, (EOD)
• Chris Getty, SFRS, (CG)
• Jim Glocking, FPA, (JG)
• Jim McGonigal, IFE, (JMG)
• Angus Law, UoE, (AL)
• Merl Forrer, Independent expert (8315 Chair), (MF)
• Michael Barton,HfS, (MB)
• Debbie Smith, BRE / FSH21, (DS)
• Brian Tierney, LABSS, (BT)
• Hywel Davies, BRAC chair / CIBSE (parent to SFE), (HD)
• Peter Capelhorn, CPA, (PC)
• Stephen Garvin, BSD SG, (SG)
• Colin Hird, BSD SG, (CT)
• Benny Rooney, BSD SG, (BR)
• Steven Scott, BSD SG, (SS)

Apologies

• Bill Connolly, NHS, (BC)

Items and actions

Welcome and introductions

The Chair welcomed all members of the Fire Safety Review Panel 2021 and explained the meeting protocol; apologies were noted. The group comprises representation from academia, professional institutions, local authority building standards, fire testing, research and consultancy, Scottish Fire and Rescue Service and the National Health Service. The UK, WAG, Norther Irish and Irish Governments, as well as Scottish Government, officials attended as observers.

The Chair noted that the intention is to have open, free-ranging discussions on how best to respond to the Panel’s terms of reference. Such discussions will be confidential, but notes of meetings summarising key points and actions will be circulated by BSD.

The Panel should follow the general guidance for transparency set out by the Standards Commission for Scotland. Any declarations or conflict of interest should be noted in writing to BSD and updated as appropriate in the normal manner.

Papers were provided to members prior to the first meeting to allow discussion.

Action: all members to notify BSD of any conflict of interest

Ban of metal composite material cladding panels and review of BS 8414 paper number - BSFSR M1-02

Background

The Local Government and Communities Committee has produced a report on Building and Fire safety and has set up a number of committee meetings to investigate a range of issues. The recent focus has been on mortgage and cladding issues however discussion has included wider issues around regulation and safety.

This review panel is meeting to address two areas of concern for Ministers. The potential to ban the highest risk cladding materials and further review of the role of BS8414 as a means of alternative evidence of compliance.

The remit of members is to offer expert knowledge, bringing forward and discussing relevant issues to support an informed response to the questions being raised.

The one-year review programme is challenging on a number of fronts:

• The review timetable will only allow consideration of mandatory standard 2.7 (Fire Spread on External Walls), a ban on cladding that represents the greatest risk and issues around competency;
• The UK Government are in the process of commissioning a 46 month research project to review the fire performance of facades including BS 8414 (and BR 135);
• Phase 2 of the Grenfell Inquiry will also consider the fire performance of facades and BS 8414 (and BR 135) due to report in the around 18 months;
• The European Commission are developing European Harmonised fire test standards for façade systems incorporating large and intermediate scale fire exposure conditions. The final report is due in February 2022.

Whilst ultimately recommendations from the review panel should be based on sound scientific evidence and research it is recognised that members may not have all outcomes from the above given the timescales involved. It is therefore important that members are provided with regular updates and consider the wider work.

History and standard 2.7

Views of members are sought on whether or not consideration should be given to introducing prescriptive limitations within the mandatory standard to improve transparency.

Building Standards (Scotland) Regulations 1963 permitted the use of thin timber cladding in certain buildings up to 40 feet (12.92 m). This principle has remained in existence in Scotland for 57 years and is recognised in the 2019 Edition of the Technical Handbooks which allows the use of combustible cladding up to 11m to align with the fire and rescue service reach capability from a ground mounted water jet where there is sufficient pressure and flow in the water mains. 

Vertical fire spread and post-flashover fires spreading from window to window across intervening materials, even in non-combustible buildings, have been issues for many years. These may be addressed by solutions such as open access balconies, but fundamental issues remain with the principle of fire spread from floor to floor externally.

Standard 2.7 covers inhibiting fire spread on the external surface of the building from an internal or external source and a previous review panel indicated that it was content with that principle. The reason to highlight this issue is that the technical handbook guidance now allows combustible cladding up to 11m.

Members discussed whether or not greater prescription would affect the performance-based system and indicated that this has to be considered to anticipate unintended consequences.

Members discussed the point of use of the technical handbook guidance being a defence in law, termed ‘tending to negative liability’. Considering that it may be a defence only up to a point, i.e. if it is known the guidance is no longer appropriate, that is not a defence, therefore people have to be fully ‘informed’. Limitations to the application of published guidance were also considered important by panel members.

Members raised the point that external walls have other properties and introducing prescription on one property, may cause issues with other properties in both overall compliance and clarity of expectation.

Actions: BSD to look at Standard and compare with language in Approved Document B and to provide recommendations on new wording.

Ban of MCM (Cat 3) panels

Members views are sought on:

a) the principle of banning high risk MCM panels from all new and converted buildings in Scotland regardless of use and height of building;

b) the proposed definition of high risk MCM panels

It was indicated to members that following Grenfell, large and intermediate scale tests were undertaken on cladding. Information was published in April 2019. This appears to indicate that ACM PE was an outlier from other materials in terms of risk. England and Scotland are both considering wording around prescription on products which may be considered as presenting an unacceptable risk. A ban sends a clear message but it may also cause problems such as “gaming” the system.

Members noted that such ban might be subject to regular review depending upon other linked work streams such as product certification and compliance.

Members discussed whether or not other materials, such as HPL, may also be of interest and it was agreed to seek further information in respect of these.

Members generally concurred that MCM cat 3 should not be on buildings and should simply not be used. Members also discussed issues with partial cladding, low-rise and risk-based approaches. Members went on to discuss difficulties of definition of products to initiate a ban.

Actions: BSD to issue note to members around calorific values for various cladding materials, consider definitions, and potential consequential issues.

BS 8414 (and BR 135)

Members initial views are sought on the continued citation of BS 8414 (and BR 135) in the technical handbooks.

The Local Government and Communities Committee have considered written and oral evidence on Building Regulations and Fire Safety in Scotland with particular focus on combustible cladding including the impact on the mortgage lending industry. It is clear that there conflicting views on the Scottish Government’s position to resist an outright ban on combustible cladding and continuing to cite BS 8414 (and BR 135).

Members discussed the various opinions surrounding the continued use of BS8414. One member indicated that it was clear from, for example, recent Grenfell evidence that the test can be ‘gamed’ and things can be changed to obtain the required ‘pass’ without necessarily considering performance in the round.

NB: post meeting one member indicated that “the current system is so open that it has been gamed”

The contributions to overall fire performance from other linked components, such as windows, were noted. Members recognised that all fire tests cited in building regulations are scenario tests used to assess materials, products, systems or components under laboratory conditions. It was agreed that regard should be had to this in ongoing Panel discussions.

Members discussed the need to be precise on terminology. It was noted that classification and certification are not the same thing.

Actions

• BSD to collate data from around the world on which countries impose a ban on combustible cladding systems for certain buildings or continue use a performance based approach
• BSD to analyse the robustness of the BS 8414 fire test when compared with other façade fire tests adopted throughout the world
• Members are requested to submit any evidence either for or against the continued citation of BS 8414 (and BR 135) in the Technical Handbooks
• BSD to contact other stakeholders and request evidence in support for or against BS 8414 (and BR 135)
• (CER) (MHCLG) to issue research papers to panel if possible.

Competency and compliance

Do members agree that:

a) further, more detailed research of the competence of designers, installers and verifiers be explored with regard to the design and construction of façade systems.

b) a third-party certification scheme for the design and construction of cladding systems tested in accordance with BS 8414 (and BR 135) should be explored? The role of BS 9414 should also be considered in the context of certification.

Work being undertaken involving Setting the Bar, Building Safety Bill, Futures Board including Workforce Strategy, Compliance Plan and Certification Strategy were indicated to members.

Members indicated that they were supportive of consistent standards across the various UK jurisdictions.

Competence of individuals as well as organisations was discussed by members.

Members discussed `Culture Change` and indicated that it may take a period of time before being fully realised.

Actions: members to provide evidence to the panel on issue of competence and compliance

AOB

Members invited to supply details of substitutes should they be unable to attend future meetings.

Actions agreed - next steps

All members to notify BSD of any conflict of interest.

BSD to look at Standard and compare with language in ADB and consider revising.

BSD to issue note to members around calorific values and consider definitions.

BSD to collate data from around the world on which countries impose a ban on combustible cladding systems for certain buildings or continue use a performance based approach.

BSD to analyse the robustness of the BS 8414 fire test when compared with other façade fire tests adopted throughout the world.

Members are requested to submit any evidence either for or against the continued citation of BS 8414 (and BR 135) in the Technical Handbooks.

BSD to contact other stakeholders and request evidence in support for or against BS 8414 (and BR 135).

(CER) (MHCLG) to issue research papers to panel if possible.

Members to consider detail within submitted papers and actions to be undertaken.

Members to provide evidence to the panel on issue of competence and compliance.

Call for evidence to be submitted by 15 January 2021 issued by email 18 December 2020.

Next meeting

A note of the meeting will be issued w/c TBC. Next meeting will be scheduled for w/c TBC.

Building Standards Division                                  18 December 2020