Local authorities have extensive powers of inspection and enforcement under the Fire Safety Act 1981, the Building Control Act 1990 and the Planning and Development Acts, all of which may be relevant in relation to fire safety arrangements in residential buildings, and have used such powers on a number of occasions, including in relation to instances of non-compliance which arose in relation to both residential developments referred to in the question.
Neither I nor my Department have any function in assessing, checking or testing compliance, or otherwise, of specific works or developments, nor can I or my Department influence or interfere in the handling of specific cases by local authorities who are at all times independent in the use of their statutory powers. Nevertheless I have urged, and will continue to urge, local authorities in general to continue to use all of the powers currently available to them to address failures to comply with statutory requirements, particularly in relation to fire safety in residential developments within their functional areas.
In the case of the Martello Estate in Balbriggan, my Department understands that Fingal County Council issued an enforcement notice under the Building Control Act 1990 and, on foot of undertakings given in the District Court, the developer has now carried out remedial works which have been certified by a competent professional who supervised the works. It is understood that Fingal County Council is satisfied that the substance of the enforcement notice has been complied with and no further action is contemplated.
In relation to Foxford Court in South County Dublin the position is that a detailed remedial works tender has been prepared by the developer and agreed with the Dublin City Fire Safety Officer. A contractor has now been selected who has undertaken to carry out the works within a 10 week period and in a manner which will render the properties fully compliant with Part B (Fire Safety) of the Building Regulations. South Dublin County Council will continue to liaise closely with the developer and the Management Company of Foxford Court and is confident that all parties concerned are committed to achieving a full and early resolution to this problem.
