Building and Approved Inspectors (Amendment) Regulations 2010 Parts L and F

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1 Page 1 of 7 Building and Approved Inspectors (Amendment) Regulations 2010 Parts L and F Overview Please note that this updated factsheet has been produced by SPATA, in consultation with the Department for Communities and Local Government (DCLG) and most recently with the Local Authority Building Control (LABC), the representative body for Local Authority Building Control Officers in England and Wales. SPATA is very grateful to both sources for their assistance and further advice is being sought for members outside England and Wales. This factsheet is provided to Members to update them on the changes that were introduced to Building Regulations on 1 st October 2010 and any previous copies of this member factsheet are no longer relevant. Members are also urged to read the relevant documents such as Approved Document L1A 2010 on the website to familiarise themselves with the changes to the Building Regulations, as SPATA cannot accept responsibility for any errors or omissions on the information provided in this factsheet. This fact sheet may be updated with any new advice that SPATA can obtain regarding any issues with implementing these Regulations and as a brief summary, Part L relates to the Conservation of Fuel and Power, while Part F relates to Means of Ventilation. These Regulations will affect indoor pools that have the surrounding air and water artificially heated (both commercial and domestic) while outdoor pools currently fall outside the scope of these Regulations. Although outdoor pools are not included in these Regulations, the industry is still encouraged to address energy conservation issues for these pools, as this will assist in reducing heating costs for owners and provide a more energy efficient installation, which will contribute towards reducing CO 2 emissions. Members are reminded that the use of a heat retention cover is a vital part of conserving heat loss and should inform their customers, if they do not already have one on their pool The lagging of pipes may also be a useful recommendation to reduce heat loss from this source as well. It will become increasingly important for Members to be in contact with Building Control staff at relevant Local Authorities to ensure they are satisfied with proposed designs and so any guidance in this factsheet must be tested first. Do not rely solely on the information in this fact sheet to be accepted, until you have written confirmation from the relevant Local Authority. SPATA has been working with Local Authority Building Control (LABC) to get a common approach to interpreting Building Regulations Part L to ensure, where possible, a uniform interpretation of the Regulations, relating to England and Wales. The main effects for the industry arising from Part L can be taken from Approved Document L1A, which outlines the changes for swimming pool basins as follows:

2 Page 2 of Where a swimming pool is constructed as part of a new dwelling, reasonable provision should be made to limit the heat loss from the pool basin by achieving a U-value no worse than 0.25W/m 2 K, as calculated according to BS EN ISO 13370: In terms of Criterion 1, the dwelling should be assessed as if the pool basin were not there, although the pool hall should be included. The area covered by the pool should be replaced with the equivalent area of floor with the same U-value as the pool surround. Definitions An indoor pool appears to be defined as a pool that has a permanent building over it, that is also heated. Therefore, any type of enclosure that does not have heating is but falls outside the scope of Part L. Any type of enclosure (over 50m 2 ) or other permanent buildings (such as wood, brick or other types of construction) will be classified as indoor, where they are heated. Suitability Depending on the supplier, the insulation material may be used inside the shell, outside the shell, or in panel pools, it will be inside the panel. Members will have to make sure the insulation material can be used in the relevant types of construction. Where additional insulation is provided, suppliers must be able to demonstrate by calculation that it is fit for purpose, such as that the material is suitable to be used below the damp proof course (DPC). SPATA members should ensure they check with their supplier about the most appropriate material to use, which ideally will demonstrate that it has a British Board of Agreement (BBA) certificate and that the material is suitable for use and fit for the purpose and use in a below ground application to maintain thermal performance. When used on the base of the pool the material should be installed under the structural concrete base and takes into account the bearing pressure of the structural pool tank and the pool water so that the insulation stability is not affected. It is understood that the current calculation methodology for basements will be applied to swimming pools basins, although there is still some discussion about whether new calculations will be needed that take into account the effects of the pool water on the thermal efficiency calculations. At this stage the current calculations that do not take into effect the water will be sufficient. Having taken further advice from LABC, SPATA believes it is highly likely that Building Control Officers will expect to see a minimum amount of insulation provided to the domestic pool shell, although it is possible to have varying thicknesses to the walls and floor, depending on the pool depth and hence commercial pools may require much less insulation. The deeper the pool, the less insulation is required to meet the u-value

3 Page 3 of 7 requirement. The minimum insulation thicknesses have been calculated to be 50mm for a pool with an average depth of 1.5m. For most domestic pools, it may be possible to prove that having 100mm of insulation on the walls and no insulation on the floor will also meet the minimum u-value. Once these minimum insulation thicknesses for the pool shell have been accepted, there should not be a need for the full calculation methodology outlined in BS EN ISO 13370:2007, but calculations related to SAPS and CIBSE guides should be followed. The basis of the u value calculations relates to the individual u value properties for each of the materials comprising the pool construction methodology. This would typically include: tiling or liner material, adhesive, render and screed, concrete, back fill material and ground / soil conditions. By adding up the R values (Resistance) for each product this needs to add up to 4 or more, as the U value is found by taking the R Value and taking the inverse. E.g. R value adds up to = 4, therefore the u value is 4 / 1 = Although it was initially believed that trade-offs with other parts of the building would be permitted by Building Control Officers, it is becoming clearer that this is unlikely, although it is worth putting forward a case to your Local Building Control Officer. It is clear that additional wall insulation can be used in lieu of some (or potentially any) floor insulation, so long as the combined figures for the pool shell meet the 0.25W/m 2 K requirement. A number of sources are now available to seek calculations and so SPATA has removed the original list, as this is no longer as relevant. Transitional provisions The transitional provisions allow works to meet the current Regulations rather than the new Regulations outlined in this factsheet. These transitional provisions apply: where building work started before 1 October 2010; where a contract for work that is not notifiable has been agreed and provided that the work begins before 6 April 2011; where a building notice, an initial notice, a plans certificate and amendment notice or a public body s notice has been given, or full plans were submitted, before 1 October 2010, provided that the work began before 1 October Refurbishments Having taken further advice from LABC, it is theoretically possible that any planned refurbishments to existing indoor pools will need to modify the pool shell to make them Part L compliant. Please check with the relevant Local Authority as in practice, the costs of undertaking work to make it Part L compliant are likely to outweigh the benefits of conserving fuel and power and so the retrospective work is unlikely to be have to be done.

4 Page 4 of 7 SPATA Factsheet - Appendix 1 Practical questions A number of practical questions arise, based on whether an installation is within scope of these Regulations. Outdoor pools are not relevant, while indoor pools with no heating are considered out of scope. It appears that refurbished pools will eventually need to retrospectively comply with this legislation and where improvements to the pool shell are made, this will require Part L to be applied. An improvement to a pool tank should only be considered a refurbishment, if the swimming pool structural tank is altered in any way that means that the tank needs to be exposed externally as well as internally. It is not considered an improvement if the refurbishment is anything to do with swimming pool decorations e.g. the internal pool render, screed or finishes (as this is considered no different than renovating a room in a dwelling The guidance in Approved Document L1B is that renovating means stripping down the element to expose the basic structure. It will be important to check with your Local Authority to see if they require refurbishments to be compliant from 1 st October The following (numbered) statements below were made to the Department for Communities and Local Government and their answers have been provided underneath each statement, although they have not been tested in a Court of Law and so SPATA members may need to exercise caution in interpreting the advice given. 1. A(n) (outdoor) pool with an enclosure should not be subject to Part L, as the frame is usually considered a temporary structure and would therefore be exempt from these regulations. Response: Not entirely correct. A swimming pool enclosure consisting of a roofed construction having walls with a planned use of two years or more would not be considered a temporary structure for the purposes of the energy efficiency requirements of the Building Regulations. It might, however, benefit from the exemption for small stand-alone buildings of less than 50 m 2. If the enclosure was not a conditioned space (i.e. heated or airconditioned independently of any heat produced from the water in the pool) it would also not have to comply with the energy efficiency requirements. 2. Any outdoor pool that then retrospectively puts an enclosure over the pool (without heating the air) will not have to comply with Part L, as it remains an outdoor pool? Response: If the pool is enclosed then it will cease to be an outdoor pool. However, if it is unheated or unventilated then it will not be a conditioned building and will not have to meet Part L requirements. 3. Will an outdoor pool that retrospectively puts an enclosure over the pool (and also heats the air) then have to comply with Part L and would it remain classified as an outdoor or?

5 Page 5 of 7 Response: The enclosure would need to comply unless it benefited from the exemption for small stand alone buildings. 4. Any outdoor pool that has a conservatory built over it will then become. It will need to ensure that the conservatory itself complies with Part L Response: Only if the area is greater than 50m Any outdoor pool that has a permanent structure built over it will then become. It will generally also have heating (and ventilation) included in the project and so the structure will need to comply with Part L. Response: Yes, if greater than 50 m Any conservatory or other building put over an existing pool should not mean that the existing pool will also have to retrospectively comply with Part L. Response: No. The pool itself will not have to comply, but the conservatory or other building will have to if the area exceeds 50m At what point, if at all, during any type of renovation or refurbishment, will an existing pool have to comply with the new Part L regulations? Response: If there is work to controlled fittings or services of a building housing a pool these should have to meet the requirements set out in ADL1 B or ADL2B (and also Parts G and P). However, we do not consider that the pool would need to be retrospectively upgraded. Please see the table below and overleaf to identify if Building Regulations should apply from 1 st October 2010 in the listed scenarios. Key: 1. *Applies to the pool shell only. 2. **Applies to the building, enclosure or conservatory element only, not any retrospective changes to the pool shell. 3. ***Applies to both the pool shell and the conservatory 4. (Not applicable).

6 Page 6 of 7 Scenarios Outdoor pool Indoor pool 1. Existing pool with no type of building or conservatory and has heated water only 2. Existing pool, within existing building or conservatory, with no 3. Existing pool, with existing building or conservatory with existing 4. Existing pool, with existing building or conservatory with new would be classified as an outdoor pool Scenarios Outdoor pool Indoor pool 5. Existing pool, with new building or conservatory, with no heating and ventilation Classified as an indoor pool, but out of scope Not relevant 6. Existing pool with new building or conservatory, with new heating and ventilation 7. New pool with no type of building or conservatory and heated water only 8. New pool, with new building or conservatory with no heating and ventilation 9. New pool with new building or conservatory with new heating and ventilation This becomes an indoor pool Classified as an indoor pool, but out of scope is an outdoor pool Applies* *

7 Page 7 of Refurbished pool with no type of building or conservatory and heated water only 11. Refurbished pool, with existing building or conservatory, with no 12. Refurbished pool, with existing building or enclosure with existing 13. Refurbished pool, with existing building or conservatory with new 14. Refurbished pool, with new building or conservatory with no 15. Refurbished pool with new building or conservatory with new is. is an outdoor pool Applies* If only the pool basin is being worked on, then improvement to the building envelope will not be required, although this would be advisable.* If it is not being worked on then, no. Building does not have to comply. Pool shell would only have to comply if it is being improved. Pool shell would only have to comply if it is being improved. SPATA reminds its members that no responsibility can be taken by SPATA, its employees or agents in respect of any errors or omissions from this factsheet. This version of M6 updated 29 July 2011