Vol. 343 No. 7
asked the Minister for the Environment when building regulations relating to fire precautions will be issued under the Planning Acts; and if he will consider issuing regulations dealing with fire safety in advance of other aspects of the regulations as recommended in the Stardust Tribunal Report in the event of any delay.
617.
asked the Minister for the Environment if he is considering applying certain sections of the building regulations bearing on fire safety to existing premises used as large-scale places of public indoor entertainment; and when this will occur.
618.
asked the Minister for the Environment if local authorities have now got staff of the number and training necessary to implement building regulations; if he has plans to remedy any deficiencies; and if he will make a statement on the matter.
619.
asked the Minister for the Environment whether he is considering introducing management regulations under section 37 of the Fire Services Act, 1981 as recommended by the Stardust Tribunal Report to be modelled on similar regulations in London.
620.
asked the Minister for the Environment if he is considering a provision under the Fire Services Acts whereby application could be made to a District Court to enable closure of a large-scale place of public indoor entertainment which was in breach of fire regulations; when such an amendment might occur; and if he will make a statement on the matter.
621.
asked the Minister for the Environment if he accepts the recommendation of the Stardust Tribunal Report that he assume central responsibilities for all fire services in the country; if he is considering amending legislation on the question in the near future; and if he will make a statement on the matter.
622.
asked the Minister for the Environment if he accepts the criterion of recruitment procedures to the fire services in Dublin, namely, that it does not ensure an optimal mix of specialised training and experience throughout the service, and if he has any proposals on the matter.
623.
asked the Minister for the Environment if he has plans to establish a national training centre for fire services; and when this will occur.
624
asked the Minister for the Environment the new initiatives that have been taken by the Fire Prevention Council since the Stardust Tribunal Report.
I propose to take Questions Nos. 616 to 624 together.
The power to make building regulations is contained in section 86 of the Local Government (Planning and Development) Act, 1963. The purposes for which regulations may be made under that Act are those set out in the Public Health Acts, 1878 and 1890 and relate only to matters of public health and safety. However, since the enactment of the 1963 Act, a number of factors such as the need to provide for energy conservation and for a more flexible system of building control, as well as developments in the EEC, have made the power available under section 86 of the Act inadequate.
The enactment of amending legislation is, therefore, necessary before the regulations can be made. The preparation of the legislation is at an advanced stage and I expect to be in a position to circulate it before the end of the current Dáil session. As soon as the legislation is enacted, the regulations will be made. Building regulations, by their nature, do not apply to existing buildings but only to the construction of new buildings, structural alterations and extensions to existing buildings and the installation of new services and fittings to buildings where specified material changes of use take place. It is envisaged that the control system to administer the regulations when they are made should be based on a system of certification by designers and/or builders rather than on a system requiring individual approvals and inspections by local authorities. Details of the proposed system have not been finalised. I expect that the matter will be discussed in the House during the passage of the proposed Bill and there will be detailed consultation on it with appropriate interests in the building industry. For this reason, it is not yet possible to quantify what the additional local staffing requirement, if any, might be.
The question of bringing the fire parts of the building regulations into force in advance of the other requirements of the regulations was considered carefully but that approach was found to be impracticable because of the extensive and essential interaction between parts of the regulations dealing with fire aspects and those dealing with other constructional matters such as structural stability and thermal and sound insulation.
I intend to avail of my powers under section 37 of the Fire Services Act, 1981 to make fire safety regulations relating to places of public assembly and the necessary work is proceeding. It is intended that the regulations will apply to existing buildings and also to new buildings once occupied and in use.
While the nature of my role in relation to the fire service falls to be considered in the context of the wider area of central/local relationship the adequacy of the present statutory provisions for enforcement of fire safety regulations is being kept under review. I have no plans to introduce legislation in the matter; however, I should like to draw attention to the fact that under section 20 of the 1981 Act fire authorities have the power, subject only to appeal to the District Court, to issue a fire safety notice which either permanently prohibits the use of a potentially dangerous building or prohibits its use unless or until certain specified precautions have been taken. Also where a fire authority considers that the risk to people is so serious that the use of a particular premises should be immediately prohibited or restricted until specified measures have been taken to reduce the risk to a reasonable level, it can apply to the High Court for a suitable order. In such circumstances the High Court may make an interim or interlocutory order if it considers it appropriate. It should be noted that there are substantial penalties for the breach of fire safety regulations made under section 37 of the 1981 Act —a maximum of two years imprisonment and/or a £10,000 fine. Officers of a body corporate can also be found guilty of such an offence.
The various recommendations made in relation to staffing in the Dublin Fire Service to which, I presume, the Deputy is referring, have been under consideration in Dublin Corporation and in my Department and a number of short-term measures have been taken to improve the situation. Longer term measures of the type specifically referred to by the Deputy are under examination.
As I indicated to the House on 12 May last when I presented the Estimate for my Department, increasing attention is being paid to the standards of training in the fire service and training will be one of the primary functions of the proposed Fire Services Council. The Council will no doubt consider the nature of any improved training facilities which may be needed.
In 1982 the Fire Prevention Council's information programme concentrated to a large extent on the schools and youth sector and this is being continued in the current year, along the projects for hotels and places of public assembly.
