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1.0 Rules

These are the Rules of FENSA Ltd, the Self-Certification Scheme for installation of replacement windows and doors in dwellings in England and Wales in compliance with Building Regulations. FENSA is a subsidiary company of the Glass and Glazing Federation Limited. For the avoidance of doubt, registered businesses are not shareholders in FENSA Limited

2.0 Objectives

The objectives of FENSA are set out in the Memorandum of Association. In summary they are to administer the Self-Certification Scheme for installation of replacement windows and doors in dwellings in England and Wales in compliance with Building Regulations and as set out by Statutory Instrument 2002 No. 440 entitled the Building (Amendments) Regulations 2002. In particular FENSA shall establish and maintain procedures for registering businesses to self-certify installations. It shall set up procedures for maintaining records of such certified installations, and advising local authorities of such certified installations, produce certificates of compliance for consumers, carry out inspections and other measures to ensure the compliance of registered business' work.

FENSA does not aim to accumulate or distribute profits, but will set its charges at levels appropriate to finance the continuing operation and expansion of the company, and to provide prudent reserves against contingencies.

3.0 Registration

3.1 Registration with FENSA shall be limited to any business, which meets the eligibility criteria set out in these rules and elsewhere and shall be eligible provided that it:

3.1.1 Carries on a trade of installation of replacement windows and / or doors in dwellings in England and Wales, it is a requirement that the business takes the responsibility for the installation of such windows and doors.

3.1.2 Makes a commitment to comply with all laws statutory regulations and Building Regulations in force. 3.1.3 Provides the consumer with a warranty or guarantee conforming to the requirements laid down by Fensa from time to time and covering the cost of completing rectification work in respect of defect.

3.1.4 Registered businesses are required to "offer" an independent insurance policy conforming to requirements laid down from time to time by FENSA to customers to cover their guarantee should they for whatever reason cease to trade. In addition where deposits are taken it is a compulsory requirement that indemnity insurance is put in place at the time that the deposit is taken from the consumer.

3.1.5 Makes a commitment to comply with statutory health and safety, and waste disposal, requirements.

3.1.6 Maintains adequate employer's liability and public liability insurance, at levels to be prescribed from time to time by FENSA

3.1.7 Provides two references to substantiate satisfactory completion of work within the past year, or in the case of a business that has been established for insufficient time, commits to provide such references and to be regarded as a probationary registered business until such references are provided. Failure to provide references within a reasonable period can result in termination of registration.

3.1.8 Meets any reasonable requirements of the FENSA Board

3.1.9 Agrees to be bound by the Rules of FENSA

Failure to comply with the above may result in refusal, suspension or termination of registration or being put on probation until matters of concern are rectified. (See Disciplinary Procedure).

3.2 Applications for registration shall be addressed in writing to FENSA, providing such information that the Board of FENSA may consider necessary.

3.3 FENSA shall consider all applications for registration in the first instance, and may seek the advice of the Registration Committee, if necessary.

3.4 Any registered business shall be entitled to terminate its registration by giving one calendar month's notice to FENSA. Termination of registration (whether by written notice as aforesaid or pursuant to Rule 3.6 or 4.1.10) shall not relieve the registered business of its obligation for the payment of any outstanding subscriptions or charges due, even if such charges are invoiced or debited after registration has ceased.

3.5 Any business which acquires the whole or any part of the business of a registered business may apply to be registered, provided that FENSA is informed of the change of ownership and is satisfied registration conditions are still met.

3.6 If a registered business ceases to trade through liquidation or any other reason it will be the responsibility of the business to notify FENSA. Registration will automatically cease at this point in time without reference to the Disciplinary Procedure.

3.7 A successful application to register with FENSA does not confer on the applicant any form of membership of the Glass and Glazing Federation or any other Trade Organisation represented on the FENSA Board or Steering Group.

4.0 Obligations of Registered Business

4.1 The main obligations of registered businesses are as follows:

4.1.1. To observe the rules of FENSA and the decisions of the Board

4.1.2 To continue to meet the criteria for registration set out above

4.1.3 To pay by direct debit the vetting / registration fees, transaction processing charges, inspection charges and any other charges levied by FENSA. An invalid direct debit will result in the registration being suspended until this is re-instated.

4.1.4 To conduct building work in accordance with Building Regulations and certify on completion that all installations are compliant with Building Regulations and provide information to FENSA on the addresses and installation details within such time of completion as FENSA may require, and in a form agreed to be acceptable to FENSA and its agents. For the purposes of compliance with data protection laws, it is the registered business' responsibility to obtain the householder's permission for their details to be forwarded to FENSA and those entities which process data on its behalf and used in the manner set out from time to time by FENSA.

4.1.5 To agree to a sample of installations being inspected by FENSA inspectors, and to rectify any faults relating to the relevant Building Regulations revealed by such inspections

4.1.6 To reimburse FENSA for the costs of inspections and of processing of installation details including additional inspections arising during the course of disciplinary procedure.

4.1.7 To provide such information as FENSA may require in order to substantiate statements made on initial application, and to demonstrate that the business is continuing to comply with them.

4.1.8 To provide FENSA with details of the bank account(s) of the business and to authorise FENSA to obtain bank references as required to ensure continuing ability to meet financial obligations to FENSA.

4.1.9 To continue to comply with all of the above. In the event of failure to comply, and/or in the event of a record of failed inspections, a business may be put on probation or have its registration suspended or revoked, as set out in the disciplinary procedure.

4.1.10 In the event of such suspension or revocation of registration, the business must cease immediately to describe itself as a FENSA registered business.

4.1.11 In the event of such suspension or revocation of the registration, registered businesses will have the right of appeal to an independent Appeals Committee.

5.0 Structure

5.1 The main structure of FENSA shall comprise:

• The Board
• Advisory Committee
• A Registration Committee
• An Appeals Committee
• Other Committee/Sub-Committees as may be appointed by the Board to examine specific aspects of operations

5.2.1 The Board shall include representatives of:

• The Board of the Glass and Glazing Federation
• Other trade organisations whose members are engaged in the installation of replacement windows. Such organisations shall include the British Plastics Federation Windows Group, the Steel Windows Association, and the Council for Aluminium in Buildings, and the British Woodworking Federation.
• Executive management of the FENSA Scheme

• The Board of the Glass and Glazing Federation
• Local Authorities (whose status may be full members or observers, as appropriate)
• Consumer groups
• Trading Standards Officers
• The Law Society

The Government Department responsible for Building Regulations (currently ODPM) shall not be formally represented by a Board member, but a representative shall be nominated to attend all Board meetings and to receive all Board papers.

5.2.2 The Chairman of the Board shall be the Vice President, President or immediate Past President of the Glass & Glazing Federation.

5.2.3 The Board is generally responsible for the conduct of the affairs of FENSA and shall have the following particular powers and functions:

• To receive reports from the executives and take action thereon where appropriate.
• To receive and decide upon the advice of the Advisory Committee on any matters of policy and operations.
• To receive and decide upon the advice of the Registration Committee on all matters concerning granting, suspension or revocation of registration.
• To set up such Sub-Committees as may be necessary to monitor the continuing policies and operations of FENSA, and to receive and decide upon their advice
• To oversee the finances of FENSA
• To oversee the staffing and other resources available to FENSA, and to make decisions on such resources
• To make payments to the Glass and Glazing Federation to cover the costs of management charges and expenses incurred in setting up and running FENSA. To make payments as appropriate in respect of fees and expenses of Board and Advisory Committee members. To take out and fund liability insurance for Directors and Advisory Committee members.
• To take any other actions that are consistent with the objectives of FENSA and the relevant Statutory Instrument and Building Regulations.

5.3.3 The Chairman of the Advisory Committee shall be the Vice President, President or immediate past President of the Glass and Glazing Federation. He / she may co-opt other members to the Committee in addition to those designated above.

5.4 Registration Committee and Appeals Committee

5.4.1 The Registration Committee is responsible for ensuring that adequate procedures are in place for the vetting, acceptance or rejection of applicants for registration and for the disciplinary procedures. The Appeals Committee is responsible for hearing and judging on appeals made as a result of a business being put on probation suspended or expelled from the scheme.

5.4.2 The Board has the power to appoint, and change the Chairman of the Registration Committee and Appeals Committee. Chairman of the latter will work independently of the Board, once appointed.

5.4.3 The membership of Sub-Committees shall be drawn from the members of the Board and Advisory Committee, but may co-opt others, as considered necessary.

5.4.4 The FENSA C.E.O may refer to the Registration Committee any specific applications on which he feels that further advice would be beneficial.

5.4.5 The FENSA C.E.O shall regularly inform the Registration Committee of all applications that have been rejected, with reasons for rejection

5.4.6 The FENSA C.E.O shall refer all recommendations for suspension or revocation of membership, for whatever cause to the Registration Committee for its decision.

5.4.7 All appeals against decisions on probation, suspension or revocation of registration shall be heard by the Appeals Committee within a reasonable time of their being lodged. (See Disciplinary Procedure.)

5.5 Other Sub-Committees

5.5.1 The responsibilities of such other Sub-Committees as the Board may appoint shall be determined at the time when they are established.

6.0 Meetings

6.1 Meetings shall take place as follows:

6.1.1 Board meetings shall take place at the discretion of the Chairman (Normally quarterly) but shall take place at least twice per year, or at the request of 50% of the Board members.

6.1.2 The Advisory Committee shall normally meet on a quarterly basis.

6.1.3 The Registration Committee and Appeals Committee shall meet as required.

7.0 Interpretation

If in the interpretation of any of the Rules of FENSA there shall be any dispute or difference of opinion, it shall be referred to a meeting of the Board, who, with advice as appropriate from the Advisory Committee and professional advisers, shall decide by a simple majority of those present and entitled to vote, such decisions being final and binding on all concerned.

8.0 Breaches of Rules

8.1 The investigation of any breach of the rules shall be conducted in the first place by the FENSA C.E.O under the rules set out in the Disciplinary Procedure. This procedure sets out how major breaches should be handled, using the services of the Registration Committee.

8.2 Registered businesses shall be responsible for any breach of the Rules on the part of any manager, servant or any other person directly or indirectly employed by them or acting on their behalf.

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