Review Of Legal Requirements For Steel Frame Fabricators In Respect Of the Construction Products Regulation.

Transcription

1 Review Of Legal Requirements For Steel Frame Fabricators In Respect Of the Construction Products Regulation. Rural and Industrial Design and Building Association. 5a The Maltings Stowupland Road Stowmarket Suffolk IP14 5AG..United Kingdom Ref:RIDBA-01 Date: Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

2 Introduction Blue Dice Solutions were contacted by Mr Tony Hutchinson representing the Rural and Industrial Design and Building Association (RIDBA), as the client wished us to undertake a review of the current requirements for Steel Frame manufacturers to provide CE marking in relation to the European Construction Products Regulation (CPR). The aim of this report is to summarise why CE marking in this situation is indeed a clear, well defined mandatory requirement. This is important, as this in turn has important implications for enforcement in the United Kingdom. The findings in this report are based on knowledge and experience of working with the Construction Products Directive/Regulation over 10 years. As ever, being a legal document, the definitive interpretation of the CPR would be determined in a court of Law. Findings: Overview The Construction Products Regulation (CPR) came into force in all EU member states on July 1 st It was in fact a new, improved version of the Construction Products Directive (CPD), which had been in force since The CPD was originally one of a series of New Approach European directives, which aimed to encourage trade between EU member states, by harmonising standards and therefore removing technical barriers to trade. In simple terms, these directives aimed to ensure that products were safe. Those manufacturers whose products met the requirements would make a declaration to that effect and apply the CE mark. This in turn allowed them to place the products on the European market. It is fair to say that in the UK, the Construction Products Directive was never taken very seriously by manufacturers or specifiers. This was due to a particular UK national interpretation that the actual application of the CE mark in relation to the CPD was voluntary. This was wrongly extrapolated by many that compliance with the CPD in its entirety was voluntary it was not. It simply meant that in the UK compliance could be demonstrated by other means. This was one of the many areas which were clarified by the revised Construction Products Regulation. The European Construction Products Regulation 305/2011 This report does not intend to provide a full discussion on the text of the CPR. However the articles of the CPR that have a bearing on the requirements in relation to Steel Frame fabricators and the subject of compliance are highlighted below: The CPR places responsibility on manufacturers, in the first instance, to ensure that their products conform to the relevant technical specification, make a declaration of performance and apply the CE mark. Article 1 explains that it lays down conditions for the placing, or making available on the market of construction products by establishing harmonised rules on how to express the performance of construction products in relation to their essential characteristics Article 2 provides some useful definitions, such as: 1. construction product means any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works; 3. construction works means buildings and civil engineering works; Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

3 Therefore it is clear that steel frame manufacturers are indeed making construction products for construction works. Article 4 Point 1. Makes it clear that When a construction product is covered by a harmonised standard or conforms to a European Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market. Hence a steel frame manufacturer clearly falls within these definitions and as a harmonised standard is indeed available (EN1090-1), therefore complying with the CPR and making a declaration is compulsory. Article 5 does provide certain derogations which would mean that the manufacturer does not have to make a Declaration of Performance. These are: a)..the construction product is individually manufactured or custom-made in a non-series process in response to a specific order, and installed in a single identified construction work, by a manufacturer.. b)..the construction product is manufactured on the construction site.. c)..the construction product is manufactured in a traditional manner or in a manner appropriate to heritage conservation and in a non-industrial process for adequately renovating construction works.. Steel frame components are manufactured in factories in a series process. Although the dimensions of the components vary, they are designed to recognised codes, generally employ standard connection details and usually included in the manufacturing process are industrial welding processes, just as EN and -2 describe. Generally they are not for heritage conservation and therefore these 3 derogations do not, in the main, apply. Chapter VIII Articles set out quite specifically the requirements for market surveillance, i.e. enforcement. This was a major focus for improvement over the former CPD. The requirement for enforcing authorities to tackle non-compliance is further set out in a separate EC Regulation REGULATION (EC) No 765/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93. Or RAMS for short. Enforcing authorities should work together across Europe and exchange information via the ICSMS website - Furthermore there is a website which names and shames manufacturers and products found not to comply with CE legislation and pose a risk to safety. This is the RAPEX website: The UK Construction Products Regulations 2013 No1387 Although not strictly necessary in relation to the European CPR, the UK has implemented its own legislation to set out exactly how the Regulation is to be implemented in the UK. This is a very clear and detailed document, which explains exactly what constitutes an offence by a manufacturer, or economic operator. Furthermore it spells out the responsibility of the enforcing authority and details the powers that they have. Part 2 Spells out the requirements relating to construction products and covers offences, suspension notices, prohibition notices and enforcement. Part 3 Discusses exactly how enforcement works, Powers of search, seizure, notices to warn etc. Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

4 Guidance in relation to CPD/CPR The European Commission does not intend to reissue guidance for interpretation of the CPR. Instead it sees that guidance issued for the CPD is still to be taken as valid unless it specifically contradicts the CPR. In relation to the CPD a series of EC guidance papers were produced to ensure as far as possible a common understanding between the Commission and the Member States as well as among the Member States themselves as to how the Directive will operate, issue a series of Guidance Papers dealing with specific matters related to the implementation, practical implementation and application of the Directive. These guidance papers A to M were intended to provide guidance to writers of technical specifications and give useful insight. These guidance papers are still available for reference on the Commission s NANDO website: 1 Furthermore the Group Of Notified Bodies guidance paper on CPD-CPR transitional arrangements NB-CPR/AG/13/010r1, Transition arrangements from the CPD to the CPR for NBs. Explains in 8.1 that as to the status of Commission Guidance: At the GNB-CPD Conference on the CPR (18 October 2012, Brussels), it was stated that: The Commission Guidance Papers on the CPD will remain as an archive of useful information, and can be referred to as agreed guidance when not in conflict with the CPR. The Blue Guide continues to be seen as useful guidance but parts of it are out of date. The guide is currently being updated to cover the New Legal Framework. However it should be remembered that the CPD was not a New Approach Directive and the CPR is not New Legal Framework legislation. It is possible that the Commission may produce an informative document giving its views on some of the issues where clarification of the CPR has been requested. However, any such informative document would not be given the status of guidance. Guidance paper M gives some useful interpretation of what constitutes series and non-series production. This is of relevance when considering the derogations for non-series production in the CPR (see above). In my opinion steel frame components are accurately categorised as Series production of products with varying properties. (see in guidance paper M attached for reference in Annex B). This is because the fabricator buys in standard steel sections which are already CE marked as structural steel in designated grades. These are cut to length and end plates welded on using standardised welding procedures, to facilitate connection. Strengthening haunches and brackets for attachment of claddings may be added, and the components painted and / or galvanised to ensure durability. Often designs and production drawings are reused. Hence these components are by no means one-off or bespoke, but manufactured using standard repeated production techniques. Indeed its worth pointing out in Note 17 of GP-M it states: Examples of series products with varying properties are steel structures, where each product/kit is of a different size, shape and strength, and windows manufactured in a wide range, where many products are of the same design, but of different sizes. The situation with non-series production remains a source of confusion and often misinterpreted. To this end the Commission recently circulated a new CPR explanation - CPR This aims to provide clarity, but actually re-iterates Guidance Paper M. CPR summarises the issue thus Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

5 One can therefore assume that in a non-series process should be understood as the manufacture of goods in small quantities without using standardised designs and assembly line techniques. This is clearly not the case for steel frame components. Mandate M120 Before we consider the scope and applicability of EN it is worth considering the mandate from the commission to CEN which provides the basic scope of the harmonised standards to be developed. This is mandate M120 which relates to: STRUCTURAL METALLIC PRODUCTS and ancillaries RELATED TO THE FOLLOWING END USES : 01/33 : TRAFFICKED AREAS 02/33 : FOUNDATIONS AND RETAINING WALLS 03/33 : PILE FOUNDATIONS 04/33 : EXTERNAL WALLS (INCLUDING CLADDING), INTERNAL WALLS AND PARTITIONS 05/33 : FLOORS, GALLERIES, CEILINGS 06/33 : PREFABRICATED SYSTEMS FOR FLOORS AND GALLERIES, STAIRS, RAMPS, RAISED ACCESS FLOORS, BALUSTRADES AND HAND RAILS, INCLUDING EXTERNAL WORKS 07/33 : ROOFS 08/33 : FRAME ( INCLUDING CHIMNEYS AND SHAFTS) 13/33 : FLOORS AND STAIR FINISHES 24/33 : SUPPLY OF ELECTRICITY 25/33 : LIGHTING 26/33 : COMMUNICATION 27/33 : TRANSPORT-LIFTS, HOISTS, ESCALATORS, CONVEYORS 30/33 : CIRCULATION FIXTURES 33/33 : STORAGE FIXTURES In particular the products we are considering fall under Structural metallic construction members : Finished metallic products such as metal framing for suspended ceilings (heavy duty), trusses, girders, columns, stairs, ground piles, bearing piles and sheet piling, cut to size sections designed for certain applications, and rails and sleepers. They can be unprotected or protected against corrosion by coating, welded or not. Therefore Steel frame components are clearly covered by Mandate M120, which lead to the development of the harmonised standard EN and the supporting standard EN EN Execution of Steel Structures and Aluminium Structures The harmonised standard for steel frame components is EN Execution of Steel Structures and Aluminium Structures. It was published in the Official Journal Of the European Union (OJEU) in June As the harmonised standard, this contains the conformity requirements for the components, which permits the manufacturer to apply the CE Mark as described in Annex ZA of the standard. The introduction explains This harmonised European Standard is a part of a group of European standards dealing with design and manufacturing of load bearing components and structures made of steel or aluminium. This harmonised European Standard deals with provisions for conformity assessment of components which imply conformity to performance characteristics declared by the manufacturer of the components. Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

6 The components have structural characteristics which make them fit for their particular use and function. The structural characteristics are governed by the design and the manufacture of the components. This harmonised European Standard does not contain rules for structural design and manufacture. Such rules are called up from the relevant parts of Eurocode for design requirements and from EN (steel) and EN (aluminium) for execution requirements. To use this harmonised European Standard for assessment and declaration of conformity of structural steel or aluminium components all relevant design and execution standards within the group need to be available. This harmonised European Standard has been prepared to satisfy Mandate M 120 Structural metallic products and ancillaries (2/4) issued by the European Commission. In 3.9 the standard also provides a useful definition of structural components as components to be used as load-bearing parts of works designed to provide mechanical resistance and stability to the works and/or fire resistance, including aspects of durability and serviceability which can be used directly as delivered or can be incorporated into a construction work. This seems perfectly clear that manufacturers of steel frame components would fall under the scope of this standard and therefore as the CPR dictates, have to meet the requirements, draw up the Declaration Of Performance and apply the CE Mark. The potential scope of EN is potentially vast and this has resulted in much discussion as to exactly what structures would be subject to EN In particular Steel Balustrades, Handrails and stairs have been widely discussed. Several guidance notes have been issued by various parties, attempting to clarify the situation. However I stress that this discussion does not affect steel frame components for buildings, there is no doubt that these are certainly within scope. Guidance to The Scope Of EN-1090 In response to certain confusion over the scope of EN1090 the commission published a response to frequently asked questions on the Europa website: FAQ 31 Deals with When does the CE marking have to be affixed on the basis of EN1090-1? Basically the answer can be summarised as construction products within the scope of EN which are permanently incorporated and which have been designed to provide mechanical resistance and stability. It also provides a list of products which would not be covered on this basis and on the basis that another more appropriate harmonised standard exists. This is reproduced in Annex A below. Summary No. Key Point Outcome Ref: 1 Are Steel Frame fabricators creating Construction Products? Yes Need to comply with CPR CPR Article 2 2 Are these products permanently incorporated in the Construction Works? 3 Is there a harmonised standard available for these products? 4 Would these products be allowed a derogation under Article 5 of the Yes Need to comply with CPR Yes EN No These products are not bespoke, they are manufactured in series CPR Article 2 EN , also OJEU. Guidance Paper M and CPR Article 5. Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

7 CPR (i.e. bespoke ). 5 Is there a clear legal obligation for the UK Enforcing Authority to enforce the CPR under European Law? 6 Is there a clear legal obligation for the UK Enforcing Authority to enforce the CPR under UK Law? 7 Does EC Guidance confirm points 1 to 4? 8 Are these products covered by the original M120 standardisation mandate? 9 Does guidance to the scope of EN confirm that these products are included? and therefore must comply with the CPR. Yes Yes Yes Yes Yes European Construction Products Regulation (CPR) and also European Regulation No 765/2008 (RAMS). UK Construction Products Regulation 2013 Guidance Paper M Mandate M120 EC Growth website FAQ31. Conclusion It is absolutely clear that these structural components for steel frame are subject to the Construction Products Regulation and EN Therefore it is a legal requirement for manufacturers to follow the standard, make the Declaration Of Performance and apply the CE Mark. Those manufacturers still to achieve this are (as from July 2014) breaking the law and committing an offence. In England and Wales Weights and Measures are duty bound to enforce the CPR and employ the measures described in the UK Construction Products Regulation Signed: David Payne 29th April 2015 Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

8 ANNEX A Products not falling under the scope of EN Aluminium and aluminium alloys Structural products for construction works according to EN Bearings and steel components used in bearings according to EN 1337 Blind rivets Cabinets for cables and power supply installations Cables, ropes and wires Castings Circulation fixtures except sign gantry and cantilevers Cladding kits according to ETAG 034 Cold formed steel tubes according to EN Components for suspended ceilings Curtain walling according to EN Doors Expansion joints for road bridges according to ETAG 032 External blinds according to EN Non-structural fences and railings Fasteners glued to wooden structure Fastening plates and other cast into concrete fasteners not covered by design codes Flagpoles Forgings Foundation bolts, column shoes Free-standing steel chimneys according to EN Fully supported metal sheet for roofing, cladding and lining according to EN Gates Hangers and brackets for masonry according to EN Hot finished steel tubes according to EN Hot rolled steel flat products and sections according to EN Industrial, commercial and garage doors and gates without fire resistance or smoke control according to EN Lightning columns according to EN 40-5 Lintels for masonry according to EN Masonry anchors according to EN Metal anchors for use in concrete according to ETAG 001 Metal anchors for use in masonry according to ETAG 029 Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

9 Metal chimneys according to EN Metal frame building kits according to ETAG 025 Metal framing components for plasterboard according to EN Metal liners according to EN Noise barriers (except their steel frame components) according to EN Non-pre-loadable bolts according to EN Ornamentations Pedestrian door sets, industrial, commercial, garage doors and openable windows - Product standard, performance characteristics - Fire resistance and/or smoke control characteristics according pren Piles if non-fabricated Pipelines and pipes Powder actuated fasteners Prefabricated building units according to ETAG 023 Prefabricated stair kits according to ETAG 008 Prefabricated steel and stainless steel wire rope systems with end connectors Prefabricated tension rod systems with fork end connectors Pre-loadable bolts according to EN Pressure vessels not incl. the supporting structure Rails or sleepers for railway systems Reinforcing steel for concrete or masonry Road parapets, crash barriers, crash cushions according to EN Roof safety products incl. roof ladders and walkways Scaffoldings Sculptures (Metal Art) Self-drilling and self-tapping screws Self-supporting insulating panels (sandwich panels) according to EN Self-supporting metal sheets for roofing, cladding and lining according to EN used in structural class III as defined in EN and EN Sheet piling according to pren and pren Shutters according to EN Stainless steel strip according to EN Stainless steel bars, rods, wire, sections according to EN Steel and aluminium components and elements produced on work site Steel and aluminium stairs, walkways and fences forming integral part of a machine Steel beams for composite steel concrete structures not covered by design codes Steel casting for structural use according to EN Steels for quenching and tempering for construction purposes according to EN Steel lintels according to EN Structural components for the moving parts of cranes Structural components for offshore structures Structural metal faced sandwich panels Tanks - Workshop fabricated steel tanks according to EN Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

10 Traditional craft type and non-structural components (e. g. blacksmith making weather cocks, letter boxes, bicycle racks, fences) Traffic sign supports according to EN Timber connectors according to EN Timber dowel type fasteners according to EN Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

11 ANNEX B - EC Guidance Paper M Bluedice Solutions Ltd. Denham Marina, 100 Acres Sanderson Road, Uxbridge, Middlesex, UB8 1NB.

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