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technicalguide

number 1january 2013

GUIDE TO CONSTRUCTIONPRODUCTS REGULATION (CPR)

CPR and door hardwareExecutive Summary

CONTENTS

l Construction Products Regulation (CPR) - Why?l CPR – When?l CPR - What?l CE marking compulsoryl Declarations of Performance compulsoryl Record-keeping and traceability compulsoryl Legal duties on manufacturers/importers/AIsl GAI here to help at all stages

Guide to CPR 1

technicalguide GUIDE TO CONSTRUCTIONPRODUCTS REGULATION (CPR)

the techie stuff

The EU CPD (Construction ProductsDirective) has been with us for sometime. It was adopted into UK law as“The Construction ProductsRegulations 1991”. (Yes – confusingbecause it has almost the same nameas the new EU Regulation. The newone is singular – no “s” onRegulation.)

The original Directive had intendedmaking CE marking compulsory, butseveral countries, including the UK,had translated the document asbeing less strong. Hence, CE markingwas not compulsory in the UK.

Other areas of responsibility for bothmanufacturers and distributors werenot fully implemented in manycountries, so the EU fought back. Thenew CPR contains clear details of theresponsibilities, and the obligations tocomply. These are automaticallyadopted into the legislation of eachmember state, so there’s no wriggleroom for local interpretation thistime.

Each member state will nominate itssurveillance authority to police theRegulation, and set the level ofpenalties for failure to comply.

A copy of the CPR, as published in theOfficial Journal of the EU, is availableon the GAI website - www.gai.org.uk.

The original Directive wasadopted into Member States’legislation, but had beentranslated by some to givemore freedom than wasintended for CE marking.

The UK was one of theMember States whichthought that CE marking wasnot compulsory.

CE marking brings with itimportant responsibilities forboth the manufacturer andthe distributor. These havebeen clarified, and in somecases, strengthened. YouMUST comply with allrequirements surrounding aCE marked product.

Construction Products Regulation – Why?

Guide to CPR 2


technicalguide

Guide to CPR 3

the techie stuffThe CPR became law in March 2011,but the main changes which requiresome action on our part are effectivefrom 1 July 2013. You need toprepare NOW.

The CPR isalready in force.The changes toCE marking willbe brought intoforce on 1 July2013

Construction Products Regulation – When?

the techie stuffAny product you manufacture or importwhich is placed on the market on1/7/13 or after, must be properly CEmarked, if it falls under the scope of aharmonised standard. Distributors withnon-CE marked product on theirshelves, received before 1/7/13, will stillbe able to sell these items, but mightmeet market resistance as buyers willlikely expect CE marking whereverpossible. (For more detail, see Page 4 –CE Marking.)

Our industry was slow to produce anduse Manufacturers’ Declarations ofConformance. These will be replaced by“Declarations of Performance”, whichhave rules and penalties attached. (For more detail, see Page 5 – DoPs.)

Record-keeping has been tightened up.If you buy or sell on within thedistribution chain, you must keeprecords of the transaction and the DoP. (For more detail, see Page 6 – Records.)

Construction Products Regulation – What?

The main changes for us are:

n If a product falls within the scopeof a harmonised EN standard, itmust be CE marked before it canbe made availableon the market bythe importer ormanufacturer from1/7/13 onwards

n A DoP (Declaration ofPerformance) must be available forevery CE marked product. This isprovided by the company takingresponsibility for the CE mark, andmust be available all the way downthe supply chain

n If you sell or buy a CE markedproduct within the supply chain, youmust keeprecords for 10years. (This canbe in electronicformat.)


technicalguide

Guide to CPR 4

the techie stuff

The CE mark is not a quality mark, noris it the same as third party certification.It shows that the manufacturer orimporter has obtained a licence, orpermission, to place the product on themarket.

Where door hardware is concerned, theproduct must meet the minimum criterialaid down in the standard for CEmarking to be possible. (These detailsare given in Annex Za at the back of thestandard. It lists the characteristics whichmust be fulfilled in order to warrant aCE mark.) These are not identical withthe classification code categories. Theclassification code deals with all aspectsof performance, some of which are not“essential” in terms of fire or safety.

The essential features for a CE markmight well be fewer than those listed inthe classification code. Examples in thecase of locks might be drill -resistanceand type of key operation. They are inthe classification code, but notmentioned in Annex Za. Therefore alock can be CE marked, even thoughthere is no performance declaredagainst these features.

The Declaration of Performance (DoP) isthe legal document which declares thatthe product meets the essentialperformance characteristics for CEmarking, which are listed in Annex Za.

The CEmark is aREGULATORYMARK, like adrivinglicence.

Certain products must have a CEmark before being allowed on themarket.

There are different levels of“driving test” or levels ofattestation, for different types ofproducts. Toys are CE marked by“self-declaration” by themanufacturer/importer – this isAttestation Level 3. Fire safetydoor hardware must go throughAttestation Level 1 – the highestlevel of scrutiny - to ensure thatthe product does what it claims todo, with regard to fire and escapedoors.

The CE mark says there is alicense to place the product on themarket. The DoP says what criteriawere met to gain the CE mark.Hence theDoP is animportantlegaldocument.

CE Marking


technicalguide

Guide to CPR 5

the techie stuff

The company owning the brand of aCE marked product must issue a“Declaration of Performance” (DoP).Usually this is the manufacturer orimporter.

In the case of badge-engineeredproducts - a manufacturer’s goodssold under someone else’s label – theowner of the brand under which theproduct is sold must issue theDeclaration of Performance. They canuse the test evidence owned by theoriginal manufacturer, but theybecome responsible for the CEmark and the DoP.

The DoP will accompany the productuntil it is incorporated into a building.It’s not necessarily a piece of paper. Itmight be a line of text on the box orfixing instructions giving a full websitelocation where the DoP can be viewed.(You might have seen one of thesewith electrical goods.)

If there’s no DoP, the CE mark isnot valid. It’s that important to get itright.

Help is at hand through the GAI.Templates of DoPs will be availableon the Guild’s website, which can befilled in on line with lots of on-screenhelp. These will be issued as PDFs.

These items MUST have a DoPavailable with the product or ona website

BS EN 12209This applies to ALL locks andlatches – tubular; mortice;rim. If it locks or latches a fireor escape doorset, it must beCE marked.

BS EN 14846This applies to ALL electro-mechanical locks and strikeson fire or escape doors. Theymust be CE marked.

BS EN 1935If it’s a single axis hinge forhanging a fire or escapedoorset, it must be CEmarked.

BS EN 1154, BS EN 1155,BS EN 1158If it’s a door closer; emaghold open device; or co-ordinator for a firedoorset, it must be CEmarked.

BS EN 1125If it’s a panic bar for anescape doorset, it must be CEmarked.

BS EN 179If it’s a push pad oremergency escape lever/lockset, for a fire or escapedoorset, it must be CEmarked.

Declaration of Performance is compulsory


technicalguide

Guide to CPR 6

the techie stuff

The requirement for record-keeping isquite clear. If you are buying or selling onwithin the supply chain, you have to keeprecords of the sale/purchase and theappropriate DoPs. This can be doneelectronically, which at least takes up littlespace, but the discipline of doing thisregularly must be established in thecompany’s business protocols.

The main reason for this record keeping istraceability. If someone makes acomplaint in the future, or there is aninvestigation into a fire tragedy, theproducts supplied must be traceable allthe way back through the supply chain tothe original company taking responsibilityfor the CE mark.

AIs must keep records of their purchasesof CE marked products and their DoPs,for 10 years. These must be madeavailable to national surveillanceauthorities on request.

There is no need to keep records of salesto companies outside the supply chain –such as contractors or doormanufacturers, at least for CPR purposes.But if you sell on to a company which isalso a distributor, then you must keep arecord of these sales. Typically, awholesaler who breaks bulk and sellshardware products to smaller AIs orbuilder’s merchants falls into the categoryof selling on within the distribution chain.Records of these sales must be kept for10 years. The relevant Declarations ofPerformance covering the products mustalso be kept.

Records of purchases/sales of CEmarked products, and their DoPs,must be kept for 10 years in thefollowing circumstances:

n A manufacturer/importer selling toa wholesaler/distributorn A wholesaler buying from theabove and selling to a distributorn An AI/BM buying from any of theabove

Any purchase/sale within thesupply chain must be recorded andkept, together with the DoP for theproduct, for 10 years

Records of sales to contractors,door manufacturers and tradesmendo not need to be kept for CPRpurposes, because these businessesare not in the supply chain

The legal responsibility forkeeping track of CE marked productsand their DoPs lies with everycompany in the supply chain, up tothe point that the product leaves thesupply chain for incorporation into adoorset or door assembly.

Record-keeping compulsory


technicalguide

Guide to CPR 7

the techie stuff

There’s no getting away from it –selling CE marked products for fireand escape doors bringsresponsibilities. It’s not rocket science,but it must be done. In brief:l If the product falls under the scopeof a harmonised standard, it must beCE marked to that standardl If it’s CE marked, it must be donecorrectlyl The product must be accompaniedby the correct documents

ll a fixing instruction which can beunderstood where it will be used (thisis where pictorial instructions win theday)ll a Declaration of Performance,signed by the responsible legal entity(this can be available on a website,rather than hard copy)

l If you suspect there’s something notright about a CE marked product, youmust do something about itl If you sell a CE marked productunder your own branding, you take onthe responsibilities of a manufacturer.

Manufacturers, Importers &Distributors shall ensure a relevantproduct bears CE marking beforeplacing it on the market

They shall ensure it has all therequired accompanying documents

They shall ensure that the producthas a fitting instruction which isunderstandable in the member statewhere it will be used

A distributor must ensure that theproduct is not jeopardised whilst in hisstorage or in transit

If a product is not in conformity withthe Declaration of Performance, thereis a duty to correct, withdraw or recallsuch products

There is a duty on importers,manufacturers, and distributors toinform a competent national authorityof a Member State in severe cases ofnon-conformance (where there is risk)

A distributor or importer shall betreated as a manufacturer and take onthe responsibilities of a manufacturerwhere a CE marked product is soldunder his branding or trade mark, or ifhe modifies a CE marked product in away which causes a deviation from itsdeclared performance.

You can avoid problems by dealingwith reputable suppliers who ensurethat their products are correctly CEmarked, and who ensure you aresupplied with the correctdocumentation.

Legal duties on manufacturers/importers/AIs


Technicalguide is published electronically by The Guild of Architectural IronmongersBPF House, 6 Bath Place, Rivington Street, London EC2A 3JE Telephone: 020 7033 2480 www.gai.org.ukIf you have any further questions then please contact: Jacky Sinclair, GAI Technical Consultant,Telephone: 01952 414411 or 07852 225996. Email: [email protected]

technicalguide

the techie stuff

We have always had to exercise a dutyof care in the products we make, stockand sell. This is no different. There’s alittle bit extra administration, but formost products we stock on a regularbasis, once the job has been done, it’sdone for good, or until the productchanges in some way.

The reputable manufacturers andimporters will continue to ensure thatyou get properly marked products whichare standards-compliant. They will alsoensure you have electronic copies of allthe necessary documentation. This willprobably be available on their websitesas a back-up.

Your Membership in the Guild willensure you’re kept informed.

The Guild will continue to keep Membersinformed as we move towards 1 July 2013.

Templates for Declarations ofPerformance are available on the GAIwebsite. These are easy to fill in, with on-screen help and prompts, and there’s ahandy guide to download. Whencompleted, a PDF of your Declaration willbe emailed to you. There’s no limit to howmany declarations you can make, usingthese templates.

Further Guides will be issued, as andwhen more information comes to the fore,which you might need to be aware of.

If you have followed previous guidancefrom the GAI, and ensured you have eitherissued or kept a library of Manufacturers’Declarations of Conformance for CEmarked products, you will find littledifference in life going forward. Exchangeyour Manufacturers’ Declarations ofConformance for Declarations ofPerformance, as they become available.

Check your stock for non-conformingproduct, and have a plan for de-stockingthese products. Although they can still belegally sold, you might find marketresistance after 1 July 2013, as CE markedproduct gets an even higher profile. (SeeTechnical Update 11 – Health Warning onnon-standards compliant products on theGAI website, for further details.)

GAI here to help at all stages

Health Warning on non-standards-compliant

products

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