FEATURE CAUGHT OUT BY THE COLD If you are replacing HVAC equipment this autumn in preparation for the
cooler weather, make sure that you don’t fall foul of a recent piece of legislation that is catching out UK-based FMs, says Steve Rees, Sales Director at Armstrong Fluid Technology.
The BS EN 1090 legislation dictates requirements for CE marking for the ‘Execution of steel structures and aluminium structures’. It focuses on fabricated structural steel that is designed to be load bearing and permanent. It requires that the supply chain must have compliance, and it is mandatory for manufacturers (as well as some steel stockholders and distributors) throughout the European Economic Area.
Understandably, FMs have tended to assume that this has very little to do with their day-to-day activities. So, if BS EN 1090 has slipped below your radar, you are far from alone. Whilst at first glance BS EN 1090 appears to be relevant to the construction phase of a building, it also has important implications for existing premises.
The remit of the legislation is extremely broad. Here are just some of the products and systems to which these regulations apply:
• Beams • Cold-formed sheeting for roofing and cladding • Lighting columns
• Machined or bended aluminium semi-products for use as structural components
• Machinery supports, if integral part of the load bearing structure
• Pipeline and pipe supporting structures
• Predrilled components from hot rolled beams and steel plates
• Racking and shelving systems, if integral part of the load bearing structure
• Structural components for plant and machinery, if integral part of the load bearing structure of the construction works
• Structural components for noise barriers
• Structural frames for buildings, warehouses, schools, hospitals, dwellings, industrial and agricultural sheds
• Structural frames for shelters • Tubular beams and columns
• Wall-opening frames, if part of the load bearing structure
• Walkways, incl. open mesh flooring, if integral part of the load bearing structure of the construction work.
This means that many building services projects (for both new build and refurb) fall within its remit, and many of the common components of heating, ventilation and air conditioning systems need to comply. It is fair to say that UK industry as a whole has somewhat underestimated the implications of the legislation. BS EN 1090 became law in July 2014 but, despite the fact that it is has been enforceable for four years, only about 25% of the 10,000 or so businesses estimated to require compliance in the UK are actually certified. These high levels of non- compliance within supply chains create risk for anyone specifying, buying, installing and working with products and systems for energy upgrades.
Why has BS EN 1090 been overlooked? One factor could be that many of the companies requiring certification have been under the misapprehension that, as a European regulation, this will somehow disappear with Brexit. This is not the case. There are no plans to replace CE labelling as a proven way of attaining and maintaining quality and safety standards, and there are real risks involved if its importance continues to be underestimated. Immediate action is needed to ensure that businesses are not risking commercial or contractual problems in the future, and are protected from legal prosecutions in the event of purchasing from non-certified suppliers.
Problems of non-compliance There are a number of problems associated with the installation of non-compliant equipment. For example, if you don’t appoint a certified sub-contract company to issue a Certificate of Conformity and Declaration, the building could breach building regulations (or NHBS requirements if appropriate). Building insurance could be refused, and contractual problems with suppliers could result if a building cannot be handed over successfully at the end of the project. Those involved in the project risk major non-conformance and the withdrawal of certification in relation to ISO 9001. Lastly, parties are at risk of prosecution and the damage to reputation associated with bad publicity.
“You don’t appoint a certified sub-contract company to issue a Certificate of Conformity and Declaration, the building could breach building regulations.”
38 | TOMORROW’S FM
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