Are there any exceptions?
Article 5(a) of CPR allows a derogation for the manufacturer from the requirements of CE marking when “… the construction product is individually manufactured or custom-made in a non-series process in response to a specific order …”.
The relevant definitions include:
- “Individually manufactured” are products manufactured according to customer designs and installed as part of a single project
- “Custom made” means “made to fit the needs or requirements of a particular person” or “made according to the specifications of an individual purchaser”.
- “Series process” is “the manufacture of goods in large quantities using standardized designs and assembly-line techniques (and advertised through g. published catalogues, website etc).
It follows that a “non-series process” should be understood as the manufacture of goods without using standardised designs and assembly line techniques. Where products are produced which are similar in various aspects, you should normally assume a series process. The difference in just one characteristic (e.g. dimensions) is not usually enough to assume non-series process.
What happens if, following manufacture, the timber cladding is treated with a fire retardant?
Recent advice from two UK notified bodies1 is that where a cladding manufacturer is supplying the same species, profile and finish to multiple projects, then that constitutes placing that product on the market and CE marking applies, even if the flame retardant treatment of that material is carried out by a third party on a project by project basis.
In these circumstances, that service treatment company must operate factory production controls which have been audited and accredited by a notified body1, alongside those of the company placing the product on the market, so as to maintain the full traceability which must underpin the CE mark and associated claims on the Declaration of Performance.
1A notified body is an organisation designated by an EU member state to assess the conformity of certain products before being placed on the market. These bodies carry out tasks related to conformity assessment procedures set out in the applicable legislation, when a third party is required. The European Commission publishes a list of such notified bodies. Third party assessment is required for safety critical criteria such as the performance of a material in fire.
This information has been produced with the kind permission of the Wood Projection Association. The WPA produces a series of guides on fire protection which are free to download from the WPA website.