Proposals For Amending The Approved Document J (Combustion Appliances .

10 Proposals for amending the Approved Document J (Combustion appliances and fuel storage systems) of the Building Regulations 13. There was no clear consensus amongst the experts on the working party or amongst the wider industry on how this matter should be resolved. The Department has, therefore, commissioned a research project to explore this subject in more detail and to gather a robust evidence base. The objectives of this project are: Make initial recommendations from a desk based study to be incorporated into a wider public consultation on proposed changes to Part J Carry out an experimental study to test the assumptions regarding the sufficiency of adventitious permanent ventilation for combustion of open flue appliances. This should include consideration of: – different building characteristics and construction methods – the influence of different internal/external pressure differences and external wind speeds – different types of appliance and fuels. 14. The draft AD has been amended such that adventitious ventilation is ignored for dwellings with an air permeability of less than 5.0 m³/hr/m2. These proposals will be amended and refined in response to the findings of this research and any comments received to this consultation. Better guidance on bio-fuel technology 15. The Government response to the report from the Biomass Task Force ed/biomass/response/ page28196.html ) committed Communities and Local Government to revisit how Part J regulates the installation of biomass boilers. The Taskforce concluded that the existing regulations and accompanying guidance did not take account of the specific requirements of biomass such as flue size and location specifics and did not reflect all biomass technologies, therefore it acted as a barrier to using biomass and increased costs unnecessarily. 16. The BRAC Working Party agreed that a separate section on biomass was not necessary. However the guidance on solid fuel appliances has been amended to take account of the much wider range of appliances and technologies that are now available. This takes a more flexible approach, recognising that some protective measures are not necessary for some appliances. Carbon monoxide alarms 17. The Department commissioned a research project to examine available detector technology and the costs and benefits of their use. The research concluded that it would not be cost effective to provide CO alarms in all homes but that it may be cost effective to require the provision of CO alarms where solid fuel appliances are installed.

Chapter 1 Introduction 11 18. However, building regulations can only be used to ensure the provision of CO alarms when an appliance is first installed. It could be argued that if hazardous appliance faults are more likely outside of the first six years of the life of the appliance (i.e. after the lifetime of the CO alarm), and if the CO alarm is only installed alongside a new appliance then the benefit of the alarm may be lower than has been assumed in the impact assessment. The Department would be particularly interested to hear from respondents if they have any views or information in this regard. 19. Whilst the statistics do show that solid fuels appliances present the greatest risk, there is a concern that requiring CO alarms for all solid fuel appliances may unreasonably discriminate against some modern biofuel appliances which are effectively room sealed. Such appliances are considered to present a much lower risk than traditional open flued appliances and so an option to exclude them from this proposed provision is being considered. 20. The BRAC Working Party took the view that, because of the relatively short working life of CO alarms, it would be appropriate to specify battery powered alarms, where the battery life was the same as the working life of the detector (5-6 years). 21. The consultation seeks responses on whether CO alarms should be provided for all solid fuel appliances, or for non-room sealed type appliances only. Concealed flues 22. A Health and Safety Executive investigation revealing that a significant number of residential developments had been built with gas flues installed and concealed in ceiling voids without appropriate access for inspection. 23. The BRAC Working Party agreed to incorporate the key elements of the CORGI Technical Guidance Bulletin 200 in relation to the adequate provision of access for inspection. This should increase the likelihood that adequate access will be provided. This, in turn, should facilitate proper inspection and further reduce the risk of unsafe installation. Pluming from condensing boilers 24. There are times when a white plume or discharge can be seen coming from the flue terminal on condensing boilers. This is due to the flue gases being cooler than in noncondensing boilers. For non-condensing boilers flue gases are hotter they cool down further away from the terminal and dissipate differently. 25. The flue gases of condensing boilers exhaust at around 55 C and cool quicker in the atmosphere and in certain outside temperatures cause a plume similar in effect to exhaled breath on a cold morning.

12 Proposals for amending the Approved Document J (Combustion appliances and fuel storage systems) of the Building Regulations 26. This pluming often results in neighbour disputes and concerns about perceived health risks. Whilst there is no evidence that the current guidance on the location of flue outlets should be changed, the BRAC Working Party have agreed that it would be constructive to include some advice on the considerate positioning of flue outlets. Bunding of domestic oil tanks 27. The current guidance in AD J includes a risk based approach to the need or otherwise for bunding of domestic oil storage tanks. Concerns have been raised by some stakeholders that this approach is open to abuse and have suggested it be replaced by a blanket requirement for bunding of all tanks. 28. However, the impact assessment suggests that this proposal would not be cost effective as the annual costs far outweigh any potential benefits. The proposal will only be taken forward if further evidence is provided by respondents, in response to the consultation proposals, which would show that it is cost effective. The Department would be particularly interested to hear from respondents if they have any views or information in this regard or if they consider that there are alternative approaches to reducing the risk of pollution from oil leaks. 29. These issues are covered in greater detail in the Impact Assessment at Chapter 3. Competent person schemes 30. The proposals in this consultation will affect the authorisation of existing competent person self-certification schemes for the installation of combustion appliances only to the extent that installers registered with those schemes will need to comply with those proposals if they are incorporated into the Building Regulations. Timetable 31. One of the commitments arising from the review of the Future of Building Control is to allow at least six months between publishing finalized changes to regulations and associated guidance and their coming into effect. We are aiming to publish the final Part J amendments early in 2010 and therefore expect to bring these into force from October 2010. As part of this consultation exercise we welcome stakeholders’ views on timing in the context of achieving effective implementation and improved compliance as early as possible. Geographical scope 32. The proposals contained in this document will, if implemented, be applicable to England and Wales. Although a transfer of functions order transferring to Welsh ministers the power to make building regulations in respect of buildings in Wales was laid in Parliament on 20 July 2009, the transfer if approved, would not come into effect until 31 December 2011. The proposals in this consultation, if agreed, will likely come into effect well before that date.

Chapter 1 Introduction 13 How to respond 33. Questions on which we seek input are listed in the Response form in Annex C. Responses must be received by 26 November 2009. 34. The questions relate to the main issues raised in this consultation and some comments raised by stakeholders in the initial Backward and Forward Looks. Inclusion of a question does not imply that the issue raised will be included in the revision of AD J planned for 2010. 35. When responding, please state whether you are acting as an individual or representing the views of an organisation. If responding on behalf of an organisation, please make it clear who the organisation represents and, where applicable, how the views of the members were assembled. 36. We will aim to publish a summary of responses within three months of the close of this consultation at www.communities.gov.uk. Paper copies will be available on request. Additional copies 37. You may make copies of this document without seeking permission. 38. An electronic version can be found on the Department’s website at gregulations/ Confidentiality and Data Protection 39. Information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004). 40. If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department. 41. The Department will process your personal data in accordance with the DPA and, in the majority of circumstances; this will mean that your personal data will not be disclosed to third parties.

14 Proposals for amending the Approved Document J (Combustion appliances and fuel storage systems) of the Building Regulations Help with queries 42. Questions about the content of the consultation can be addressed to brianmartin@communities.gsi.gov.uk 43. Questions about the policy issues raised in the consultation can be addressed to gerald.mcinerney@communities.gsi.gov.uk 44. The Government has adopted a code of practice on public consultations. This consultation aims to follow the criteria set out in that code of practice. See Annex A for a copy of the consultation criteria.

15 Chapter 2 Combustion appliances and fuel storage systems Approved Document J Proposed revisions

16 Proposals for amending the Approved Document J (Combustion appliances and fuel storage systems) of the Building Regulations Contents Use of the Guidance 20 The Requirements 24 Section 0: General guidance 27 Introduction to the provisions 27 Explanation of terms used 28 Measuring the size of flues and ducts 38 Section 1: Provisions which apply generally to combustion installations 39 Performance 39 Air supply for combustion appliances 39 Permanently open ventilation of rooms 41 Permanent ventilation of appliance compartments 41 Ventilation of other rooms or spaces 41 Permanently open air vents 42 Provisions complying with both Part F and Part J 45 Interaction of mechanical extract ventilation and open-flued combustion appliances 45 Provision of flues 47 Condensates in flues 47 Construction of masonry chimneys 47 Construction of flueblock chimneys 48 Material change of use 49 Connecting flue pipes 49 Repair of flues 50 Re-Use of existing flues 50 Use of flexible metal flue liners for the relining of chimneys 51 Use of plastic fluepipe systems 51 Factory-made metal chimneys 51 Concealed flue 53 Configuration of natural draught flues serving open-flued appliances 55 Inspection and cleaning openings in flues 56 Flues discharging at low level near boundaries 56 Dry lining around fireplace openings 56

Contents 17 Condition of combustion installations at completion 56 Notice Plates for hearths and flues 57 Access to combustion appliances for maintenance 58 Section 2: Additional provisions for appliances burning solid fuel (including solid biofuel) with a rated output up to 50 45 kw 59 Air supply to appliances 59 Size of flues 60 Height of flues 62 Outlets from flues 62 Connecting fluepipes 64 Location and9 shielding of connecting fluepipes 64 Debris collecting space 65 Masonry and flueblock chimneys 66 Separation of combustible material from fireplaces and flues 66 Factory-made metal chimneys 67 Lining and relining of flues in chimneys 67 Formation of gathers 68 Hearths 69 Fireplace recesses and prefabricated appliance chambers 72 Fireplace lining components 73 Walls adjacent to hearths 74 Carbon monoxide alarms 76 Alternative approach 76 Section 3: Additional provisions, for gas burning appliances 77 Gas safety (Installation and Use) Regulations 77 Gas fires (other than flueless gas fires) 79 Flueless gas appliances 81 Air supply to gas fires and other appliances 81 Flued Decorative Fuel Effect (DFE) fires 81 Flued appliances other than Decorative Fuel Effect fires 81 Air supply to flueless appliances 83 Size of natural draught flues for open flued appliances 84 Height of natural draught flues for open flued appliances 85 Outlets from flues 85

18 Proposals for amending the Approved Document J (Combustion appliances and fuel storage systems) of the Building Regulations Provision of flues 88 Connecting fluepipe components 89 Masonry chimneys 90 Flueblock chimneys 90 Factory-made metal chimneys 90 Location and shielding of flues 90 Relining of flues in chimneys 92 Debris collection space for chimneys 93 Bases for back boilers 94 Hearths 95 Shielding of appliances 95 Alternative approach 96 Section 4: Additional provisions for oil burning appliances 98 Scope 98 Appliances fitted in bathrooms and shower rooms 98 Air supply to appliances 98 Size of flues (other than balanced flues and flues designed to discharge through or adjacent to walls) 100 Outlets from flues and flue heights 100 Flues for oil fired appliances: flue gas temperature 102 Provisions for flue gas temperatures in excess of 250 C 103 Provisions for flue gas temperatures not exceeding 250 C 103 Connecting fluepipe components 104 Masonry chimneys 104 Flueblock chimneys 104 Factory-made metal chimneys 105 Location and shielding of flues 105 Relining of flues in chimneys 107 Flues for appliances burning Class D oil 108 Hearths for oil fired appliances 108 Shielding of oil fired appliances 109 Alternative approach 109

Contents 19 Section 5: Provisions for liquid fuel storage and supply 110 Performance 110 Heating oil storage installations 110 Protective measures against fire 111 Oil supply pipe systems: means of automatic isolation 112 Provisions where there is a risk of oil pollution 113 LPG storage installations 114 Tank location and protective measures 115 Location and support of cylinders 117 Appendices Appendix A: Checklist for checking and testing of hearths, fireplaces, flues and chimneys Appendix B: Opening areas of large or unusual fireplaces 119 123 Appendix C: Example calculation of the ventilation requirements of a gas fired appliance 125 Appendix D: Example calculation of the ventilation requirements of an oil fired appliance 126 Appendix E: Methods of checking compliance with requirement J2 127 Appendix F: Addresses 133 Standards referred to 138 Other publications referred to 142

20 Proposals for amending the Approved Document J (Combustion appliances and fuel storage systems) of the Building Regulations Use of guidance This introductory section will be amended and updated in line with the latest Approved Documents and amendment regulations when the final document is published. The Approved Documents This document is one of a series that has been approved and issued by the Secretary of State for the purpose of providing practical guidance with respect to the requirements of Schedule 1 to and regulation 7 of the Building Regulations 2000 (SI 2000/2531) for England and Wales. SI 2000/2531 has been amended by the Building (Amendment) Regulations 2001 (SI 2001/3335). Approved Documents are intended to provide guidance for some of the more common building situations. However, there may well be alternative ways of achieving compliance with the requirements. Thus there is no obligation to adopt any particular solution contained in an Approved Document if you prefer to meet the relevant requirement in some other way. Other requirements The guidance contained in an Approved Document relates only to the particular requirements of the Regulations which the document addresses. The building work will also have to comply with the requirements of any other relevant paragraphs in Schedule 1 to the Regulations. There are Approved Documents which give guidance on each of the Parts of Schedule 1 and on regulation 7. Limitation on requirements In accordance with regulation 8, the requirements in Parts A to K and N (except for Paragraphs H2 and J6) of Schedule 1 to the Building Regulations do not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings or matters connected with buildings). Paragraphs H2 and J6 are excluded from regulation 8 because they deal directly with prevention of the contamination of water. Parts L and M are excluded because they respectively address the conservation of fuel and power and access and facilities for disabled people. These matters are amongst the purposes, other than health and safety, that may be addressed by Building Regulations.

Chapter 2 Use of guidance 21 Materials and workmanship Any building work which is subject to the requirements imposed by Schedule 1 to the Building Regulations should, in accordance with regulation 7, be carried out with proper materials and in a workmanlike manner

1. Part J of the Building Regulations and its supporting Approved Document, provides a regulatory framework and technical guidance on the installation of combustion appliances in buildings, and how these can be designed to ensure an adequate air supply and safe discharge of the products of combustion. Part J also addresses the