22 March 2023
JCOP: 9th vs 10th Edition
Implications of the release of 10th Edition of The Joint Code of Practice on the Protection from Fire of Construction Sites and Buildings Undergoing Renovation (JCOP)
While it has been in the rumour mill for some time, the 10th Edition of the The Joint Code of Practice on the Protection from Fire of Construction Sites and Buildings Undergoing Renovation (JCOP) was released by the Fire Protection Association in September 2022 (dated August).
There was the expectation of great fanfare to accompany its release, its issue has however caught most by surprise. There was very little news of its publication seen online and notification of its existence has seemingly come predominately via word of mouth, some weeks/months after its August 2022 dating. Following feedback in the preceding months, RiskAuthority have revised the 10th Edition and the 10th Edition including Amendment 1 was released on 26 January 2023.
This lack of awareness amongst the industry is alarming in light of the fact it has significant implications for construction sites all across the UK.
The JCOP is an important document for the construction industry as it sets insurers expectations for how sites should be managed with regard to protecting works under construction from physical damage and those on site from sustaining injury, as a consequence of fire. The standard scope of the JCOP is construction projects with a value in excess of £2.5m. From an insurance perspective, Construction All Risks is principally implicated because as market standard, full compliance with the latest edition of the JCOP will be required. Furthermore, the standard JCT Design & Build 2011/2016 contract form also contains provisions which requires full compliance by all parties, if agreed in the contract particulars. Caution therefore should be taken as contracts less than £2.5m could fall within scope of compliance, if contractually elected or required by insurers.
The 10th Edition contains a number of changes from the 9th, with some key changes being as follows:
- Banning of deep fat fryers
- Increase of fire watch requirements post completion of hot works to 2 hours for all projects
- New guidance for the storage and charging of Electric Vehicles
- Updating of standards for fire resistance throughout to match European Standard EN 13501-2
- Additional requirements for fire extinguishers, including the need to check those brought onto site by sub-contractors
- Requirement for wet riser for all buildings above 50m/c15 storeys.
- Requirement for horizontal compartmentalisation every 5 floors on high rise projects, reducing from every 10.
While full compliance is required as standard, there may be some exceptions to the new guidance granted by insurers on a case by case basis. One such example being the banning of deep fat fryers, which we understand to be a risk that insurers were generally comfortable with, so long as they are well managed. However unless explicitly agreed, main contractors should ensure full compliance for the avoidance of doubt. The other consideration is the JCT contract position, where any deviations may result in a technical contract breach. In this situation we would however encourage dialogue between all contract parties before deviations are agreed, it being expected that if insurers are comfortable, other contract parties should be also.
Clauses on CAR policies requiring compliance are usually written in the form of a warranty, with a requirement for insurers to give notice before cover can be suspended. Insurer’s awareness of any non-compliance would typically arise via a site survey. As notice may take the form of post survey risk improvements, full compliance with all resulting insurer requirements is therefore imperative. This need to give notice does mean there is quite a high threshold before cover can be effected, however known non-compliance may result in less competitive /more restrictive annual renewal or project specific terms.
To date, insurer approaches to managing the transition to the new guidance have been unclear, with QBE the only major insurer we are aware of that have set out a clear summary of the rule changes and a grace period for compliance for its clients. We hope other CAR insurers will follow suit shortly, until then however main contractors should engage with their broker in order to clarify their insurer’s expectations for compliance.
While the 10th edition does outline changes over the 9th at the front of the document, this summary of changes is not all encompassing and is very high level. Gallagher however have undertaken a full word for word change analysis of the 9th vs the 10th edition with a Red Amber Green rating for each clause dependant on potential impact. To receive a copy, please complete the form below.
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JCOP: 9th vs 10th Edition Gap Analysis
To receive a copy of the gap analysis showing the changes in the JCOP between the 9th and 10th editions, including Amendment 1, please fill in the form below.
A copy of the 10th edition (including amendment 1) of the JCOP can be found here
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