Regulatory Statement: Kingspan Insulation Products

On 23 December 2021, the Secretary of State, acting through the Office for Product Safety and Standards (OPSS) in its role as the National Regulator for Construction Products, served Prohibition Notices on Kingspan Insulation Ltd (Kingspan) under the Construction Products Regulations 2013 and equivalent regulations in Northern Ireland in relation to certain Kooltherm K15 insulation (rainscreen) board.

The Notices prohibit the UK supply of Kooltherm K15 insulation board products manufactured after 1 August 2021 and covered by the Declaration of Performance (DoP) dated 2 August 2021 (Reference Number 1002.CPR.2013.K15.007).

The Notices required Kingspan to cease supply of affected product, and to contact its customers and those in the supply chain to organise and implement the return of affected product from the market, where it has not been incorporated into buildings in a permanent manner.

Details of compliance with the Prohibition Notices
OPSS has monitored, and continues to monitor, Kingspan’s recall of the affected product since the Prohibition Notices were served. Based on evidence supplied by and assurances received from Kingspan and subject to the company’s assurances in regard to future conduct, OPSS is satisfied that Kingspan has used reasonable endeavours to cease supply of affected product, write to affected customers and those in the supply chain, and organise the return of affected product from the market, where it has not been incorporated into a building.

Kingspan has agreed to an undertaking to destroy any product that has been subject to the Prohibition Notices which it holds now or receives in the future. Any business that believes it may have received affected product and has not yet been contacted by Kingspan should contact the company immediately.

On this basis OPSS has determined that the requirements of the Prohibition Notices have been met. OPSS is publishing the Prohibition Notices and this regulatory statement in accordance with its commitments in Part F of the Notices.

What this means for buildings
Where K15 product covered by the Prohibition Notices has already been incorporated into buildings or construction works, there is no requirement to return the product. Any implications that a lower performance in relation to reaction to fire or an inappropriate conformity assessment process of the product may have for building safety will vary on a project-by-project basis and depend on factors unique to each building. Building owners should seek advice from their building safety officer, an independent inspector, fire safety officer or a relevant building control authority, as appropriate, and consider reviewing the building’s fire strategy if necessary.

The assessment of potential implications should be based on the following findings of fact. For K15 product produced between 1 August 2021 and 18 October 2021, there is evidence that the product performance did not consistently meet a C Classification for reaction to fire, as claimed in the Declaration of Performance. The Secretary of State’s enquires did not find evidence that the product’s performance in relation to reaction to fire fell below a D Classification. For K15 product manufactured between 18 October 2021 and 8 March 2022, the conformity assessment process for reaction to fire required for products containing fire retardants used was Assessment and Verification of Constancy of Performance (AVCP) System 3 instead of AVCP1. Testing undertaken by the Secretary of State has not demonstrated any test results in relation to reaction to fire that fell below a category C Classification.

If you are a construction business or associated business using affected K15 product and have questions about the Prohibition Notices, please contact [email protected].

What this means for new supply of K15 from 9 March 2022
On 9 March 2022, Kingspan issued a new Declaration of Performance (DoP) (Reference Number 1002.CPR.2013.K15.008) for a new K15 product, which has been conformity assessed for reaction to fire using AVCP System 1. This DoP applies only to K15 produced and placed on the market from that date onward. Product produced under this DoP, since 9 March 2022, is not affected by the Prohibition Notices issued on 23 December 2021. It remains Kingspan’s responsibility to ensure that the new product complies with all legal requirements.

The Notices
There are six Prohibition Notices in total, which all apply to product covered by a Declaration of Performance (DoP) dated 2 August 2021. Prohibition Notices 1, 2 and 3 apply in England, Wales and Scotland. Prohibition Notices 4, 5 and 6 apply in Northern Ireland.

see https://www.gov.uk/product-safety-alerts-reports-recalls/regulatory-statement-kingspan-insulation-products