Why are there fire testing capacity issues?

While the industry waits for the Independent Review of the Construction Products Testing to be published, the demand for regulatory testing in the UK is only increasing. Neil Smith, Senior Key Accounts executive, UL Solutions, explains why and how the industry will need to collaborate to meet the demand.

Paul Morrell OBE and Anneliese Day QC are leading the review which will report its findings on how construction products are tested and how test results can be used in the future to help manage product safety risks. In the meantime, new guidance, regulations, and industry best practices have put new expectations on some of the fire industry’s main stakeholders, including contractors and manufacturers.

UL’s Neil Smith at the new fire resistance testing labs at the Fire Protection Association’s Blockley site

The industry has seen many changes since June 2017, creating pressure on businesses to keep up with the growing demand for fire regulatory testing and certification in the UK. Companies need to ensure that their products comply with new legislations, such as BS 476-31.1, for measuring smoke penetration, increasing product safety and helping to maintain their competitive edge in a rapidly changing industry.

Businesses can also face larger issues if they do not prove compliance going forwards. As part of the Building Safety Act, a new National Regulator for Construction Products will be established in the Office of Product Safety and Standards. It will have the power to remove any product from the market that presents a significant safety risk and prosecute and fine any companies breaching the rules.

Companies need to be certain of compliance by stopping guesswork about the safety of their products that could lead to these breaches. During the Grenfell Inquiry, there was a lot of scrutiny on how the testing of construction products was marketed. It was revealed that in some instances, out-of-date test reports were used, the wording was unclear or misleading, and manufacturers were able to exploit regulatory loopholes to suggest combustible materials as part of larger systems. Avoiding safety uncertainty from occurring again is necessary to protect the residents of multi-story buildings and enforce a permanent change in the fire industry.

The rising demand for fire testing also has a knock-on effect on the pace of regulatory testing changes. The deadline for changing from the CE marking to the UKCA marking has now been moved to two years later than initially suggested — to 1 January 2025 — because of testing capacity issues. For construction products, that deadline has been extended to 30 June 2025.

The uncertainty around testing requirements is unsettling for manufacturers. Non-UK businesses may consider meeting UK regulations too challenging and withdraw from this market, making it harder to source the breadth of products previously available in the UK.

The rising demand for fire testing also has a knock-on effect on the pace of regulatory testing changes. The deadline for changing from the CE marking to the UKCA marking has now been moved to two years later than initially suggested — to 1 January 2025 — because of testing capacity issues. For construction products, that deadline has been extended to 30 June 2025.

Impact of the Hackitt report

Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety has significantly impacted the fire regulatory industry and government legislation. The report found that “the system that covers product testing, labelling and marketing is at least as complicated as the entire regulatory system.”

One large safety issue highlighted during the Grenfell Inquiry was that combustible materials used as part of the cladding system met safety requirements under previous testing regimes when they were installed in the building. Simplifying and standardising the UK regulatory process is key to enabling the fire industry to create and install products that are safer for residents, without the risk of loopholes or confusion.

The Hackitt Review also found that “significant further work is needed […] to create a comprehensive regime that ensures that all products used in construction are properly tested and certified.” As the government brings out further regulations and the construction industry implements its own best practices, the demand for proof of compliance and traceability of products will continue to increase from suppliers and end users. The fire industry needs to continue to prepare for these changes, especially in the product testing and development stages.

It can also support the end user by creating a “golden thread” of quality information for future building owners. Information about product safety during installation allows owners to effectively manage the safety of their buildings and assess the impact of future maintenance and refurbishment decisions.

Introduction of the Building Safety Regulator

The Hackitt report’s recommendations also led to the creation of the Building Safety Regulator (BSR) as part of the building safety reforms. One of the major reforms has been to identify duty holders, which can be people or businesses, who have clear accountability and statutory responsibilities when buildings are being designed, built, refurbished and occupied.

The duty holders — customers, designers, principal designers, contractors and principal contractors — are responsible for preventing a building risk from happening and reducing the seriousness of any incidents that may occur.

The BSR is also now the building control authority for high-rise buildings and will enforce mandatory reporting of prescribed fire and structural safety occurrences through the new gateway system. Increasing oversight over the fire industry will hold companies accountable for their role during the building and maintenance processes and reduce the chances of companies passing the blame onto others.

As part of this, the duty holders must prove that the building products they have specified are compliant with regulations and have robust test evidence to back this up.

Improving capacity in the UK

The fire industry continues to face regulatory changes, and testing providers, like UL Solutions, are stepping up to meet the rising demands. Fire testing businesses need to expand their testing facilities to provide greater access to British businesses in the UK. They also need to help meet the growing demand for proof of compliance for UK and non-UK businesses that need to comply with future post-Brexit regulations selling to UK companies.

To help meet growing testing demand, UL Solutions collaborated with the Fire Protection Association (FPA). UL Solutions has invested in fire resistance test furnaces installed at the FPA’s Blockley laboratory. These new facilities will help reduce the time needed to put products through the fire resistance testing process, which forms the basis of UK regulations and third-party product certification.

“As a result of our work with UL Solutions, manufacturers and system providers will not only have access to the tests and certifications required by UK regulations but will also be able to satisfy the requirements of regulators around the world,” explained Jonathan O’Neill OBE, the FPA’s Managing Director.

The fire testing industry must pull together to help meet the growing demand for fire resistance testing. Demand will only increase as new guidance and regulations are implemented over the next few years. Providing businesses with quick and easy access to testing is the key to maintaining a safer and compliant industry.

Find out more about UL Solutions’ Blockley site and how it can help.

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