Code-2 for non-fire-rated downlights installed in a 2nd floor flat kitchen ceiling with unoccupied/uninhabitable loft above

Hello everyone,

I've recently had a EICR for my flat and I was told that the downlights in the kitchen would be a Code-2 because they are not fire rated. I can see how this would be the case if there was a flat above me but there is only the loft space that is accessible via a telescopic ladder and hatch. The flat is on the 2nd floor. Are fire rated downlights required in this instance?

Secondly, why is the following guidance so vague?

EICRs - Coding, and the link to the Electricity at Work Regulations 1989 webinar
"Fire-rated luminaires are required where the ceiling, in which they have been installed, is deemed to be a fire barrier. C2 would seem reasonable given that non-fire-rated luminaires have been recessed into a ceiling deemed to be a fire barrier."

One would have to be an expert in the Building Regulations and Approved Documents to be able to make this assessment. If the guidance can't be more prescriptive then I don't think it's worth giving.

Many thanks, Tim

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  • Tim, thank you. I know what you mean and there is no doubting that situation. Nor was I doubting you, but party walls in the loft space may not be complete.

  • I agree with Chris about the party wall ;) Same as inside chimney breasts, the bricklayers knew that it would never be seen so were perhaps a little slapdash, leaving out bricks, thinner joints etc. 

    You might never see it in semi detached, but I've seen steels from next door's loft extension in a terrace house loft space

  • I agree with Chris about the party wall ;)

    Me too, having heard a number of discussions on this topic. There are a number of issues to consider depending on age and original construction. In certain properties, roofs weren't built like they are today, so regardless of the integrity of the wall, the roof itself, or supports,  might spread a fire to next door that way

    Some properties were actually built without a wall partition in the loft between neighbouring houses/shops etc, and walls were added later for security (but not necessarily fire safety).

    etc. etc.

  • What is the expectation of a person carrying out an EICR? It seems a bit onerous to me to expect a competent electrical inspector to make a detailed inspection of the integrity of the fire barriers and interpret the building regulations accordingly - without the relevant specific guidance. It would seem to me that a Code-3 with a recommendation to consult with a buildings inspector would be a better approach maybe.

  • It would seem to me that a Code-3 with a recommendation to consult with a buildings inspector would be a better approach maybe.

    That is an interesting concept.

    I am not sure that the codes work that way, but it does make good engineering sense. The problem is that if the buildings inspector decided that the lamp fittings were potentially dangerous, he (or she) cannot upgrade the C3.

    That said, I see no harm in making the recommendation in Section K (Observations) of the EICR.

  • recommendation to consult with a buildings inspector

    If further information is required, would an FI be appropriate?

       - Andy.

  • If further information is required, would an FI be appropriate?

    From the immediately previous posts to yours, Andy, this perhaps sounds more like a Limitation of the inspection, rather than an FI ?