Legal status of BS EN XXXX

[deaconj999]

Gents,

Having attended a CPD Seminar recently, death by powerpoint revealed that BS 5266 pt 7 & 8 are complusory as opposed to Part 1 et al. Without kicking the **se out of it, It is my understanding because they are 'influcenced' by CEN, hence the BS EN title and have been adopted by BS committee it was explained that they are compulsory and therefore law!

However, having had a quick look through the issue of CEN, BS etc I still cannot be convinced that by sticking EN in the title along with BS makes it law. I did however come across something known as ‘New Approach’ and its association with ‘harmonization’ leading on to European Directives which has the effect of making standards law but so far, none of the Directives include fire related matters (toy manufacturing, transportation, petro-chemical industry etc).

Until such a Directive is made, is the BS EN standard still guidance (although very strong guidance) and NOT compulsory? - or additionally does the compulsory term NOT mean it is statutory to follow parts 7 & 8 ?, after all most regulations spinning out of EEC directives are implemented. Just look at FP(WP)Regs and a while ago we had to go from BS 5423 to BS EN 3 [purposely omitting other BS ENs from the long list].

Sorry, but I still need convincing on this theory that a BS EN is compulsory because we signed up to it. We all know that Regulations fall out of directives but where could I nail down the arguement that favours following a BS EN is compulsory and possibly having legal status ?

[Jim Creak]

The only status an EN has is that all member states will adopt this within their own domestic standards......by order of European Law. It still requires further domestic statute to make this compulsory to comply with a particular standard. No current EN Standards are called up in UK health or  fire safety legislation.

[Eli]

CPD changes to CPR in 2013 I believe so it will be mandatory when it changes to a regulation and everyone will need to conform to BS EN standards not the old BSs.

[Tom Sutton]

The pending Construction Products Regulation (CPR) is expected to replace the Construction Products Directive (CPD) in 2013, and under the CPR, CE marking will become compulsory. Although this has been widely discussed in the business press, there is still surprisingly little sense of urgency within the construction industry to address the implications – with notable exceptions.

How this will affect the BS EN standards other than those subject to the CPD is for those much cleaver than I.


http://www.sitelines.co.uk/articleview.php?id=1498

[Tom Sutton]

Further to my above posting and when the CPR come into force. Extinguishers are subject to the CPR and the CE marking will be compulsory. Any harmonised standards (BS EN) required to conform with the CPR, will they then have a legal status?

[deaconj999]

The only status an EN has is that all member states will adopt this within their own domestic standards......by order of European Law. It still requires further domestic statute to make this compulsory to comply with a particular standard. No current EN Standards are called up in UK health or  fire safety legislation.

Thanks Jim and everyone else for the CPD, my mistake I meant CPD as Continuing Professional Development, but welcome and appreciate the Construction Products Directive info.

I understand better that the key thing here is DOMESTIC STATUTE which is what I believe is the key. Therefore, even though the BS ENs are subject to more discussion by different committees they are still not really that different to BS (without) the EN.

[AnthonyB]

They are not law in themselves (just like a BS never was) but a law can make them compulsory.

(e.g. compliance with Widget construction standard BS EN 1234 by itself isn't a legal requirement, but the Buliding with Widgets Regulations SI789/2011 might say "It shall be an offence to use widgets not in conformance with BS EN 1234")

Some Euro Norms can have legal status and the first one in the fire field that according to the press around it is going to be a mandatory requirement is the safety sign one EN 7010 which is proposed to be required to be made law.

It's very confusing though!

[Tom Sutton]

My research indicates that fire protection products are construction products and subject to the Regulation (CPR) if they are installed permanently in the buildings and have significant affect on the safety of the building if removed.

As PFE does not meet that criteria then they are not involved with the CPR so I move on. However I did find out how to establish a harmonised EN standard, it will have an Annex ZA, I found one BS EN 1155 1997 Electrical Hold open Devices there may be others.

[Fishy]

Broadly correct – in the vast majority of cases BS, BS EN, ISO etc, are not legally mandated.  However:

1.   Courts love them.  If one were to find oneself in court trying to defend why you hadn’t followed relevant ‘good industry practice’ then the benchmark that they often apply is equivalence to the relevant national/international standards.  Basically, if you didn’t follow them, you’d better have prepared a very good reason why not, & this does not normally include “I know better than the people who wrote them”!

2.   As has been said, under the soon-to-be-law construction Products Regulations it will be mandated upon certain suppliers within the fire protection industry that they must CE mark their products before placing them on the market.  My understanding is that this is a EU Regulation that does not need to be translated into national regulations on a country-by-country basis (unlike the Construction Products Directive, which did, and the UK refused to fully implement it).  This will mean that, effectively, compliance with these standards will become a legal requirement, for those who wish to place products that are within the scope of the CPR on the market, in the UK.

[Tom Sutton]

This will mean that, effectively, compliance with these standards will become a legal requirement, for those who wish to place products that are within the scope of the CPR on the market, in the UK.

I don't think that is strictly true Fishy only harmonised EN standards have a legal standing and there are very few fire safety EN BS standards that meet that criteria.

I did find out how to establish a harmonised EN standard, it will have an Annex ZA, I found one BS EN 1155 1997 Electrical Hold open Devices there may be others.

[wee brian]

An Annex ZA will indicate that it is intended to be a hEN under the CPD but to be 100% sure you need to see if it's been listed by the commision.
http://ec.europa.eu/enterprise/newapproach/nando/index.cfm?fuseaction=cpd.hs

In the UK, CE marking under the CPD is not mandatory, but if you choose to CE mark then you have to use the relevant hEN.

Come 2013 CE marking for construction products will be mandatory. (where a hEN exists)

Other directives work differently. Standards are one way of showing compliance (a bit like AD B).

[Fishy]

This will mean that, effectively, compliance with these standards will become a legal requirement, for those who wish to place products that are within the scope of the CPR on the market, in the UK.

I don't think that is strictly true Fishy only harmonised EN standards have a legal standing and there are very few fire safety EN BS standards that meet that criteria.

I did find out how to establish a harmonised EN standard, it will have an Annex ZA, I found one BS EN 1155 1997 Electrical Hold open Devices there may be others.

There are quite a few in the passive fire protection arena (doors, glass, walls, seals & sealants etc) & the fact that some have a fire protection function drives a high level of attestation (i.e. they don't rely upon manufacturer's declarations alone); it will be upon these that the CPR has most effect.