Understanding the Joint Fire Code

Fire safety in construction has long been governed by a patchwork of legislation, approved documents, and industry guidance. In recent years, however, the regulatory landscape has shifted, driven in large part by the Grenfell Tower tragedy in 2017 and the subsequent legislative reforms, including the Building Safety Act 2022. Against this backdrop, the Joint Fire Code is still a critical tool for managing fire risk on construction sites.

What is the Joint Fire Code?

The Joint Fire Code, published jointly by the Fire Protection Association (FPA) and RISC, sets out standards and requirements for managing fire risk during the construction phase on active sites where materials, temporary works, hot works, and other hazards create increased fire risk.

The Code establishes a structured approach to fire prevention, covering areas such as:

• Site management and planning including the designation of fire safety responsibilities and the preparation of fire safety plans.
• Hot works procedures controlling activities such as welding, cutting, and grinding that pose ignition risks.
• Storage and handling of combustible materials reducing fuel loads on site and establishing separation distances.
• Temporary accommodation and site buildings ensuring welfare facilities and offices do not become additional fire hazards.
• Waste management controlling the accumulation of combustible waste.

Compliance with the Joint Fire Code is often mandated by insurers as a condition of construction all-risks policies, and compliance to it has been a matter of best practice for some time.

The Joint Fire Code in JCT Design and Build 2024

The JCT Design and Build Contract 2024 (DB 2024) reflects the broader post-Grenfell emphasis on fire safety and building safety compliance. Within DB 2024, the Joint Fire Code is referenced in the insurance provisions, reinforcing the Contractor's obligations in relation to fire prevention during the works.

Under the DB 2024, the Contractor is required to comply with the Joint Fire Code if such compliance is stated in the Contract Particulars.

Importantly, failure to comply with the Joint Fire Code can have direct contractual consequences. Under the insurance provisions of DB 2024, a breach of the Code may entitle insurers to notify the Employer or Contractor of the remedial measures the insurer requires, and the Contractor shall ensure that these are carried out. If it does not do so, the Employer may engage someone else to carry the remedial measures out and can deduct those costs from the Contract Sum. The liability for costs in the event the Code changes after the Base Date is stated in the Contract Particulars as either the Contractor or the Employer.

The 2024 edition also reflects the growing expectation that fire safety is not just a matter of regulatory compliance but requires active management. The Contractor's obligations extend beyond ticking boxes; the Code requires a culture of fire awareness and continuous risk assessment throughout the project lifecycle.

Practical Implications

For contractors working under DB 2024, the contractual embedding of the Joint Fire Code means that fire safety on site is not purely a matter of good practice or insurer preference. It is a binding contractual obligation. Project managers, site managers, and subcontractors must all be made aware of the Code's requirements and their role in delivering compliance.

For employers and their advisors, the inclusion of the Joint Fire Code in the Contract Particulars should be a default position on all projects of any significant size or complexity. It has been suggested that the Code should apply on projects over £2.5m in value, or of particular complexity. The cost of non-compliance outweighs the administrative burden of compliance.

Conclusion

The recognition of the Joint Fire Code within the JCT Design and Build 2024 contract aligns contractual practice with the current regulatory environment and provides a clear, enforceable standard for fire safety management on construction sites. As the industry continues to adapt to the demands of the Building Safety Act and related reforms, the Joint Fire Code's role in construction contracts is likely only to grow in importance.

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