After a series of delays, it looks like the UK flammability regulations have a definitive timeline for change, writes furniture standards and regulations expert, Phil Reynolds.
If you are involved in the manufacture, import or retail or upholstered furniture, you cannot help but be frustrated by the Furniture & Furnishings (Fire) (Safety) Regulations 1988 as amended.
The regulations are now over 30 years old and do not fully reflect the materials and manufacturing methods used today. Numerous attempts to revise the regulations have occurred over the last decade, with little effect.
However, in 2019 the then minister with responsibility for the regulations announced that work would begin again on new regulations – not a revision – that would aim to maintain the same level of fire safety in upholstered furniture as the current regulations, whilst reducing the need to use chemical fire retardants.
This was followed by stakeholder events in February this year, hosted by the Office for Product Safety and Standards (OPSS) to explain the current thinking on a revised set of regulations, gain input from stakeholders and share the timescale for implementation.
And then all went quiet, primarily due to the needs of the Brexit negotiations and the impact of Covid-19. In October, however, OPSS burst into life, with several new activities looking at informing OPSS whilst they are developing the new regulations: the publication of the first dedicated newsletter relating to the development of new regulations – this is likely to be produced 2–3 times a year to keep stakeholders informed of developments;
the first meeting of an independent scientific advisory panel to look at the need for additional research, etc; meetings with Trading Standards bodies to look at conformity and enforceability; and the publication of a research report into consumer attitudes to fire safety labelling on product (including the impact of listing chemical retardant content).
In addition, we are awaiting the imminent publication of further research carried out by BRE for OPPS into the Characteristics of Modern Domestic Fires and the implications for product performance testing.
All of these document are, or will be, available on the OPSS website.
What’s proposed?
OPPS wants to move away from the current proscriptive format of the regulations, where there are specific test schedules for different materials, and instead look towards the ‘new approach’ format of regulations. This type of regulation (such as the Machinery Directive and Toy Directive) contains essential safety requirements (ESR) that define the safe outcome.
This could be something like ‘the item of furniture shall not readily ignite’ – it would then be the responsibility of the producer to carry out a risk assessment and detail how the product complied as a whole. It is hoped that, by moving to ESR that cover the final product, rather than components, manufacturers will have more ability to innovate with design, construction and materials to maximise fire safety, whilst minimising the use of chemical fire retardants.
It is proposed that, once the ESRs are fully defined, BSI will produce voluntary standards to assist manufacturers with complying with the regulations.
There is still much more work to be done – for instance, deciding what products are in and out of its scope, and also the impact of final product requirements on re-upholsterers, bespoke manufacturers and those offering ‘any sofa, any fabric’ business models.
More clarity is expected over the coming months, so watch this space.
What’s the timeline?
Due to the delays from Brexit/Covid-19, the new anticipated timeline for introduction is: policy development – now until Spring 2021; formal consultation – early 2022; response to consultation - mid 2022; and the new regulations at the end of 2022.
Obviously, the above timelines may be subject to change, and it is likely that there will be an 18-24 month implementation period for the new regulations. In the meantime, the current regulations will continue to apply in their existing form, with no exceptions – which includes requirements for office and office-style chairs used at home for home working.
