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Recent legislation and regulation means that there needs to be a much greater connection between the design and construction of a building and its subsequent management. Stephen Mackenzie explains the consequences of breaking the circle of fire safety.
Building standards’ guidance now requires the provision of fire safety design and management information to the person responsible for the assessment and management of fire risk under the Regulatory Reform (Fire Safety) Order 2005 (RRFSO). Failure to make provision for the adequate assessment and management of fire risk during the design, construction and occupation of a building can result in prosecution under a civil action if there is a material loss and, more importantly, under a criminal action if there is loss of life.
Fire risk management can be defined as the whole process throughout the life of a building – starting with the initial design – which is intended to minimise the incidence of fire. It also ensures that when a fire does occur, appropriate fire safety systems (including active, passive and procedural systems) are in place and are fully functional, in order to minimise the associated risks to life, property, business continuity and the environment.
Modern fire risk management draws from a sophisticated range of risk assessment tools, the results of which are implemented through incorporation of the high level considerations contained in BS 5588 (2004) Fire precautions in the design, construction and use of buildings Part 12: Managing Fire Safety.
Local authorities and approved inspectors are advised not to issue completion certificates or final notices until they are satisfied under Regulation 16B Fire Safety which states that information will be given to the responsible person on completion of a project or first occupation.
The provisions for managing fire safety have been retained draft
BS 9999 Code of practice for fire safety in the design, management and use of buildings. The draft has completed the final consultation process and will replace the BS 5588 series following the anticipated publication late this year.
Fragmentation
The consideration of fire risk and its management was historically fragmented along the lines of key stages in a building’s life cycle. In terms of this model, different parties-whether the design, construction or operational management teams-are responsible for individual aspects of the building’s life cycle under associated building standards, fire, health and safety regulatory regimes.
The new fire safety provisions within UK regulatory frameworks for the design, construction and occupation of buildings now place specific emphasis on the necessity for ‘appropriate’ consideration of fire risk management. The regulatory authorities have acknowledged that the fire safety design and engineering input into a building can only function correctly if it can be managed, maintained and tested over the whole life of the building. Failure to take proper design or management responsibility can result in the prosecution of the responsible person.
Although the formal responsibility of the design team usually ends once the design and construction of the building is completed many, if not all of the systems included will involve assumptions about its management. Building regulations do not impose any requirements on the management of a building, but emphasise the importance of considering it: “In developing an appropriate fire safety design for a building it may be necessary to consider the way in which it will be managed. A design which relies on an unrealistic or unsustainable management regime cannot be considered to have met the requirements of the regulations.”
One of the most significant changes is the recent introduction of regulation16B, contained in appendix G to Approved Document B, which requires that “where building work involves the erection or extension of a relevant building, fire safety information shall be given to the responsible person at the completion of the project or when the building or extension is first occupied.” The word ‘relevant’ here refers to all buildings covered by the Regulatory Reform (Fire Safety) Order 2005. The scope of information required to satisfy this regulation will vary with the complexity of the building, but should cover the design and construction of the building or extension, and the services, fittings and equipment provided in connection with the building.
As a minimum, the information listed within Approved Document B should be provided to the responsible person and includes:
– Any assumptions made in the development of the fire safety strategy and the design of any fire safety systems
– Any assessment or analysis of fire risk
– All assumptions made regarding the management of the building
– Details of the evacuation strategy and escape routes
– Details of passive fire compartmentation, including the locations of fire walls, floors, cavity barriers, fire doors, etc
– Details of active fire systems, including but not limited to fire detector locations, call points, alarm sounders, CCTV, auto suppression systems, HVAC systems, and firefighting equipment
– Any high-risk areas and particular hazards
– Details of facilities for the evacuation of disabled people
– ‘As-built’ plans of the building showing the locations of the above
– Specifications of any fire safety equipment, including operational details, operator’s manuals, software, systems zoning and routine inspection, testing and maintenance schedules
– Records of any acceptance or commissioning tests
– Any other details appropriate for the specific building.
The ‘fire engineered’ approach to building design sets aside prescriptive compliance in favour of holistic, performance-based design of fire safety provisions. This approach has allowed designers to develop and realise the design aspirations of the modern built environment. However, if building users are not informed of the holistic interaction of systems under the fire safety strategy and the sensitive balance of requirements, the integrity of the strategy may be severely compromised at some stage. Furthermore, the client is not getting value from his building. fire authorities are now issuing, under the RRFSO, Alterations Notices on fire engineered premises to safeguard against the design fire strategy assumptions being compromised. These place additional duties on the responsible person to ensure that the active, passive and operational provisions underpinning the design fire assumptions are not changed or materially altered, without prior notification and agreement from the local fire service.
It is imperative that the design strategy for a new building and the provisions for fire risk management in occupied premises are now integrated. It is valuable to have an end user on board as the design progresses to input into decisions that will affect the operations, to allow the effective management of fire risk throughout the building life cycle and allow realisation of the design objectives. The circle of fire safety is only complete when the strategy for a new building design is integrated with fire risk management provisions for occupied buildings (figure 1). The fire engineer can provide the necessary focal point to allow the integration of design, management and ongoing operational risk assessment in the following manner:
– Fire risk strategy. The development of a holistic fire strategy, based on the identified risks at the outset of any building project ensures that fire safety is a key consideration throughout the design process. It gives the client – and the building authorities – confidence that adequate provisions are in place to reduce the impact of a fire.
– Fire risk management. The operational fire risk management plan may then be derived from the design fire strategy, whether a prescriptive or fire engineered solution has been adopted. By documenting the fire safety provisions made within the initial fire strategy, or risk assessment of existing premises, the fire engineer automatically creates an outline fire safety manual and initiates the process of fire risk management. In the first instance, this manual is used by the building occupier to understand the design of the new building and their responsibilities to fire safety. Following this, it is often left to the occupier to maintain the fire safety manual and to understand the life safety and property protection issues associated with fire.
– Fire risk assessment. Once the building is in use, the management regime should be maintained and any variation in that regime should be subject to a suitable risk assessment. The assumptions and the level of management specified should either remain appropriate for the new use or be changed to suit. The Department for Communities and Local Government 2007 Procedural Guidance states: “There is no period of grace for the responsible person to produce the fire risk assessment under the Regulatory Reform Fire (Safety Order) 2005…The documentation and any necessary safety measures must be in place on the first day that the building is occupied.”
The clear standpoint of government on the statutory provisions and recent project experience suggests that the inclusion of integrated fire safety management strategies and policy needs to be revised to address residual dichotomies between the fire safety legislation and administration construction contracts. This requires a significant re-think on the way in which building projects are designed, procured, constructed, handed over and operated by the end user.
Under traditional contracts it is at this point, when practical completion (a purely contractual term) is granted and the client takes formal occupation of the premises, that the RRFSO comes into force. However in many instances the final ‘as built’ information, defect-free construction and fully operational fire safety provisions may not be in place. Hence the project principles are exposed to additional risks and both the person responsible for the works and the final responsible person are liable to experience increased legal exposure under the legislation. There is evidence from current projects which do not retain the services of a consultant or client fire safety advisor to formulate the fire safety management strategy, that statutory fire risk assessment and advice on an integrated approach during the final construction or fit-out stages are falling foul of these new requirements.
The concept of integration of fire risk management within the building life cycle is illustrated in figure 2 and the approach has been adopted by FEDRA on a range of projects, including the Thomas Deacon Academy in Peterborough and more recently, at the newly occupied Corby Business Academy.
Stephen Mackenzie is head of the fire safety and risk management team at Buro Happold FEDRA. www.burohappold.com
References
1. Regulatory Reform (Fire Safety) Order 2005
2. Department for Communities and Local Government (2007) Building Regulations and Fire Safety Procedural Guidance, 4th Edition, PB NBS, London, UK.
3. BS 5588 (2004) Fire precautions in the design, construction and use of buildings – Part 12: Managing Fire Safety, PB British Standards Institute.
4. Draft BS9999 Code of practice for fire safety in the design, management and use of buildings – draft for public comment version 7.0, issued January 2008, PB British Standards Institute.
5. Department for Communities and Local Government (2006) Approved Document B – Volume 2 – Buildings other than dwelling houses (2006 Edition) PB NBS, London, UK.
[
Recent legislation and regulation means that there needs to be a much greater connection between the design and construction of a building and its subsequent management. Stephen Mackenzie explains the consequences of breaking the circle of fire safety.
Building standards’ guidance now requires the provision of fire safety design and management information to the person responsible for the assessment and management of fire risk under the Regulatory Reform (Fire Safety) Order 2005 (RRFSO). Failure to make provision for the adequate assessment and management of fire risk during the design, construction and occupation of a building can result in prosecution under a civil action if there is a material loss and, more importantly, under a criminal action if there is loss of life.
Fire risk management can be defined as the whole process throughout the life of a building — starting with the initial design — which is intended to minimise the incidence of fire. It also ensures that when a fire does occur, appropriate fire safety systems (including active, passive and procedural systems) are in place and are fully functional, in order to minimise the associated risks to life, property, business continuity and the environment.
Modern fire risk management draws from a sophisticated range of risk assessment tools, the results of which are implemented through incorporation of the high level considerations contained in BS 5588 (2004) Fire precautions in the design, construction and use of buildings Part 12: Managing Fire Safety.
Local authorities and approved inspectors are advised not to issue completion certificates or final notices until they are satisfied under Regulation 16B Fire Safety which states that information will be given to the responsible person on completion of a project or first occupation.
The provisions for managing fire safety have been retained draft
BS 9999 Code of practice for fire safety in the design, management and use of buildings. The draft has completed the final consultation process and will replace the BS 5588 series following the anticipated publication late this year.
Fragmentation
The consideration of fire risk and its management was historically fragmented along the lines of key stages in a building’s life cycle. In terms of this model, different parties—whether the design, construction or operational management teams—are responsible for individual aspects of the building’s life cycle under associated building standards, fire, health and safety regulatory regimes.
The new fire safety provisions within UK regulatory frameworks for the design, construction and occupation of buildings now place specific emphasis on the necessity for ‘appropriate’ consideration of fire risk management. The regulatory authorities have acknowledged that the fire safety design and engineering input into a building can only function correctly if it can be managed, maintained and tested over the whole life of the building. Failure to take proper design or management responsibility can result in the prosecution of the responsible person.
Although the formal responsibility of the design team usually ends once the design and construction of the building is completed many, if not all of the systems included will involve assumptions about its management. Building regulations do not impose any requirements on the management of a building, but emphasise the importance of considering it: "In developing an appropriate fire safety design for a building it may be necessary to consider the way in which it will be managed. A design which relies on an unrealistic or unsustainable management regime cannot be considered to have met the requirements of the regulations."
One of the most significant changes is the recent introduction of regulation16B, contained in appendix G to Approved Document B, which requires that "where building work involves the erection or extension of a relevant building, fire safety information shall be given to the responsible person at the completion of the project or when the building or extension is first occupied." The word ‘relevant’ here refers to all buildings covered by the Regulatory Reform (Fire Safety) Order 2005. The scope of information required to satisfy this regulation will vary with the complexity of the building, but should cover the design and construction of the building or extension, and the services, fittings and equipment provided in connection with the building.
As a minimum, the information listed within Approved Document B should be provided to the responsible person and includes:
– Any assumptions made in the development of the fire safety strategy and the design of any fire safety systems
– Any assessment or analysis of fire risk
– All assumptions made regarding the management of the building
– Details of the evacuation strategy and escape routes
– Details of passive fire compartmentation, including the locations of fire walls, floors, cavity barriers, fire doors, etc
– Details of active fire systems, including but not limited to fire detector locations, call points, alarm sounders, CCTV, auto suppression systems, HVAC systems, and firefighting equipment
– Any high-risk areas and particular hazards
– Details of facilities for the evacuation of disabled people
– ‘As-built’ plans of the building showing the locations of the above
– Specifications of any fire safety equipment, including operational details, operator’s manuals, software, systems zoning and routine inspection, testing and maintenance schedules
– Records of any acceptance or commissioning tests
– Any other details appropriate for the specific building.
The ‘fire engineered’ approach to building design sets aside prescriptive compliance in favour of holistic, performance-based design of fire safety provisions. This approach has allowed designers to develop and realise the design aspirations of the modern built environment. However, if building users are not informed of the holistic interaction of systems under the fire safety strategy and the sensitive balance of requirements, the integrity of the strategy may be severely compromised at some stage. Furthermore, the client is not getting value from his building. fire authorities are now issuing, under the RRFSO, Alterations Notices on fire engineered premises to safeguard against the design fire strategy assumptions being compromised. These place additional duties on the responsible person to ensure that the active, passive and operational provisions underpinning the design fire assumptions are not changed or materially altered, without prior notification and agreement from the local fire service.
It is imperative that the design strategy for a new building and the provisions for fire risk management in occupied premises are now integrated. It is valuable to have an end user on board as the design progresses to input into decisions that will affect the operations, to allow the effective management of fire risk throughout the building life cycle and allow realisation of the design objectives. The circle of fire safety is only complete when the strategy for a new building design is integrated with fire risk management provisions for occupied buildings (figure 1). The fire engineer can provide the necessary focal point to allow the integration of design, management and ongoing operational risk assessment in the following manner:
– Fire risk strategy. The development of a holistic fire strategy, based on the identified risks at the outset of any building project ensures that fire safety is a key consideration throughout the design process. It gives the client – and the building authorities – confidence that adequate provisions are in place to reduce the impact of a fire.
– Fire risk management. The operational fire risk management plan may then be derived from the design fire strategy, whether a prescriptive or fire engineered solution has been adopted. By documenting the fire safety provisions made within the initial fire strategy, or risk assessment of existing premises, the fire engineer automatically creates an outline fire safety manual and initiates the process of fire risk management. In the first instance, this manual is used by the building occupier to understand the design of the new building and their responsibilities to fire safety. Following this, it is often left to the occupier to maintain the fire safety manual and to understand the life safety and property protection issues associated with fire.
– Fire risk assessment. Once the building is in use, the management regime should be maintained and any variation in that regime should be subject to a suitable risk assessment. The assumptions and the level of management specified should either remain appropriate for the new use or be changed to suit. The Department for Communities and Local Government 2007 Procedural Guidance states: "There is no period of grace for the responsible person to produce the fire risk assessment under the Regulatory Reform Fire (Safety Order) 2005…The documentation and any necessary safety measures must be in place on the first day that the building is occupied."
The clear standpoint of government on the statutory provisions and recent project experience suggests that the inclusion of integrated fire safety management strategies and policy needs to be revised to address residual dichotomies between the fire safety legislation and administration construction contracts. This requires a significant re-think on the way in which building projects are designed, procured, constructed, handed over and operated by the end user.
Under traditional contracts it is at this point, when practical completion (a purely contractual term) is granted and the client takes formal occupation of the premises, that the RRFSO comes into force. However in many instances the final ‘as built’ information, defect-free construction and fully operational fire safety provisions may not be in place. Hence the project principles are exposed to additional risks and both the person responsible for the works and the final responsible person are liable to experience increased legal exposure under the legislation. There is evidence from current projects which do not retain the services of a consultant or client fire safety advisor to formulate the fire safety management strategy, that statutory fire risk assessment and advice on an integrated approach during the final construction or fit-out stages are falling foul of these new requirements.
The concept of integration of fire risk management within the building life cycle is illustrated in figure 2 and the approach has been adopted by FEDRA on a range of projects, including the Thomas Deacon Academy in Peterborough and more recently, at the newly occupied Corby Business Academy.
Stephen Mackenzie is head of the fire safety and risk management team at Buro Happold FEDRA. www.burohappold.com
References
1. Regulatory Reform (Fire Safety) Order 2005
2. Department for Communities and Local Government (2007) Building Regulations and Fire Safety Procedural Guidance, 4th Edition, PB NBS, London, UK.
3. BS 5588 (2004) Fire precautions in the design, construction and use of buildings – Part 12: Managing Fire Safety, PB British Standards Institute.
4. Draft BS9999 Code of practice for fire safety in the design, management and use of buildings – draft for public comment version 7.0, issued January 2008, PB British Standards Institute.
5. Department for Communities and Local Government (2006) Approved Document B – Volume 2 – Buildings other than dwelling houses (2006 Edition) PB NBS, London, UK.