What is a ‘competent person’ with regard to lighting design?

The Building Safety Act establishes that competence is a continuous commitment to maintaining safety and adhering to regulatory requirements at every stage of a building project. Introduced in response to the Grenfell Tower tragedy, it is based on the findings of Dame Judith Hackitt’s report on Building Regulations and Fire Safety.

Since the introduction of the Health and Safety at Work, the Building Safety Act (BSA) represents the most significant regulatory reform in the UK construction industry and residential building sector. This Act has fundamentally transformed the laws governing the design and construction of all buildings and also the operation of higher-risk residential buildings.

Here, Michael Curran, Head of Building Services, Energy and Utilities, University of Galway, looks to related developments in Ireland and wonders at some of the terminology used, especially the term “competent person”. In Ireland, the new Building Regulations Technical Guidance Document B 2024

– Fire Safety: Volume 1: Buildings Other Than Dwelling Houses – has just been released. This comprehensive document, which spans 357 pages, has been updated to provide guidance on the use of materials, construction methods, standards and various specifications. These technical specifications are likely to be suitable for compliance with the Regulations.

The Building Safety Act in the UK, published in response to the Grenfell Tower tragedy, contains content and guidance that Ireland should note and learn from.

Section 1: Means of Warning and Escape in Case of Fire – Emergency lighting should be provided as referenced by 1.9.8.3 and IS3217. This emergency escape lighting must comply with the guidelines outlined in Table 11. The design and installation should also adhere to the relevant recommendations of IS 3217 or an equivalent standard.

The recently-published IS3217:2023 has introduced a new approach for designing, installing, commissioning, testing and handing over emergency lighting systems in Ireland. Table A highlights key changes related to competency and compliance.

The table outlines some of the changes related to emergency lighting. Overall, the design of emergency lighting and its coverage has seen minimal changes. New design tools have been developed to address all the recent updates. These changes cover determining photometric performance, including spacing tables and manual calculations. There are also software programs specifically for emergency lighting design.

Table A: Comparison of IS3217:2017 and IS3217:2023

1. The design process is a critical element of the emergency lighting system development and installation process. It must be carried out by a designer such as a chartered engineer who is experienced and competent in emergency lighting design, or a professional engineer experienced and competent in emergency lighting design who holds qualification in emergency lighting design of at least a Level 6 Award on the National Framework of Qualifications or other competent person.

2. Certificate of Design,

3. Certificate of Installation,

4. Certificate of Installation,

5. Certificate of Handover.

The design process is a critical element of the emergency lighting system development and installation process. Emergency lighting design shall be carried out by a competent person.

Confirmation of design to I.S. 3217:2023 (see Annex C2),

Confirmation of installation to I.S.3217:2023 (see Annex C3),

Confirmation of commissioning to I.S. 3217:2023 (see Annex 4),

Confirmation of handover (see Annex C5),

Concerns with terminology

While training and refresher courses are available for emergency lighting design, installation and commissioning, the new terminology regarding design and certification raises concerns. This issue is particularly evident in the UK, where the Building Safety Act and the report published after the Grenfell Tower fire highlighted that a lack of competency was a significant problem.

Table A indicates that in 2017 the responsibility for designing emergency lighting systems was assigned to a chartered engineer or an individual qualified to design these systems. This requirement has now been modified in 2023 to allow for a “competent person” to carry out the design.

The definition of a “competent person” is not clearly defined, which places a significant responsibility on building owners for the design of lifesafety systems. The new Building Safety Act holds owners (called Responsible Persons) accountable for the professionals they hire to design critical components of their buildings.

BS 5266 is a British Standard that provides guidelines and regulations for emergency lighting systems in commercial buildings within the UK. In this document, the term Designer is defined as a Competent Engineer who must possess a range of skills to effectively assist Responsible Persons in ensuring the safety of their premises. To be considered a Competent Engineer, a person must have appropriate knowledge and training, access to necessary tools, information from suppliers, and relevant experience.

Under IS3217: 2017, upon completion of a project the owner receives the Operation and Commissioning Manuals, along with as-installed drawings, product information and certifications signed by a chartered engineer or lighting design professional. The four-part certificate outlines all compliance details, and in the design section, signatures to acknowledge compliance using the clause outlined below:

“I/we hereby certify that, to the best

Table B: Foreword IS3217:2023 page 5

In line with international standards practice the following representation of numbers and numerical values apply:

• The decimal point is shown as a comma ( , ) throughout this document.

• Each group of three digits reading to the left or to the right of a decimal sign are separated by a space from the preceding digits or following digits respectively.

The following verbal forms are used:

• ‘shall’ indicates a requirement;

• ‘should’ indicates a recommendation;

• ‘may’ indicates a permission; of my/our ability, knowledge and belief, the emergency lighting system at the above building, as set out on the listed drawings, has been designed by me/us in accordance with the requirements and recommendations of 2I.S. 3217:2013+

• ‘can’ indicates a possibility or a capability.

Information marked as ‘NOTE’ is for guidance in understanding or clarifying the associated recommendation.

A1:2017 except as stated on the attached justifiable variations.”

IS3217:2023 has adjusted the wording to now read:

“I/we hereby confirm that the emergency lighting system at the above building, as set out in the listed design documentation, has been designed by me/us in conformance with the requirements of IS 3217:2023, except as stated in the attached justifiable variations or areas excluded (if any).”

Significant change

The significant change is the transition from the Emergency Lighting System Certificate of Design to the Emergency Lighting System – Confirmation of Design as outlined in IS 3217:2023. The document does not clearly explain what “Confirmation of Design” entails. Previously, it was evident that a Certificate of Design was necessary to comply with the IS3217 standard and for project handover, similar to the requirements for IS3218 Fire Alarm systems and all other certifications for protective services.

In a welcome update on IS3217:2023 in the Foreword Section, we align with international best practices regarding the representation of numbers and numerical values. Table B outlines some previously contentious terms: “Shall” and “Should.” It clearly defines the meanings of these words and their numerical equivalents.

Additional wording should be reviewed, such as defining a competent person and confirming qualifications. It will be interesting to see how previous cases regarding certification and the role of a competent person in designing emergency lighting hold up in legal challenges.

Building services engineers should conduct a thorough review of ongoing projects and stay informed about the emerging trends in these standards. It is essential to understand how to approach risk assessments to guarantee that both design and installation are aligned with the latest standards and are also fit for purpose. Additionally, a comprehensive examination of tender documentation and handover manuals is necessary to ensure compliance with IS3217:2023.

The UK Building Safety Act represents a significant advancement in the standards of competency and responsibility regarding the design and construction of buildings, particularly high-rise structures. This legislative shift aims to enhance safety measures and ensure that professionals involved in the process are well equipped to meet rigorous standards.

In light of these developments, it is essential Ireland takes a closer look at our own practices. We should critically assess the adherence to regulations and the level of competency in the design of our life-saving systems to ensure that they are equally robust and effective in protecting public safety.