Terence Flanagan
Ceist:280 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied); and if he will make a statement on the matter. [2790/10]
Amharc ar fhreagraThursday, 21 January 2010
Ceisteanna (285, 286, 287, 288)
Freagraí scríofa
The information requested is not available in my Department and may be sought from the relevant local authority.
Terence Flanagan
Ceist:281 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a query (details supplied). [2791/10]
Amharc ar fhreagraThe information requested is not available in my Department and may be sought from the relevant local authority.
Terence Flanagan
Ceist:282 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a matter (details supplied); and if he will make a statement on the matter. [2792/10]
Amharc ar fhreagraI assume the Question refers to the Building Control Act 2007 which was signed into law on 21 April 2007. The Act provides, inter alia, for amendment of the Building Control Act 1990 and for registration of the titles of "Architect", "Quantity Surveyor" and "Building Surveyor".
A Fire Safety Certificate (FSC) is currently required before construction work commences on new non-domestic buildings and apartment blocks and extensions to, or material alterations/changes of use of existing buildings. The FSC is issued by the Building Control Authority and certifies that the building, if constructed in accordance with the plans and documentation submitted, will comply with the requirements of Part B of the Building Regulations.
Section 5 of the 2007 Act contains a new provision for the submission of a 7 Day Notice to a Building Control Authority, before grant of the relevant Fire Safety Certificate (FSC), where a person intends to commence work on the construction of a building, or an extension of, or a material alteration to, a building. It must be accompanied by a valid application for a FSC and by a Statutory Declaration stating that the application for the relevant FSC has been completed in all respects and complies with the requirements of the Building Regulations; that any works commenced before the FSC is granted will comply with the Regulations; and that the person will carry out any modifications which may be required by the FSC, when granted, within such period as may be specified by the Building Control Authority.
There is also a new provision for a Revised Fire Safety Certificate where an application for a FSC is made before the grant of planning permission, for any works required by the permission ultimately granted, or where significant revision has been made to the design or works of a building for which a FSC has been granted.
In addition, there is provision for a Regularisation Certificate where a building has been commenced or completed without an application for a FSC, where such Certificate is required. An application for such Certificate must include a Statutory Declaration from the applicant that the works carried out are in compliance with the requirements of the Building Regulations. The Building Control Authority is empowered to specify that the Regularisation Certificate will not have effect unless any conditions/additional works required by the Authority are carried out within a period of 4 months after it is granted.
Section 5 of the Act also provides for a prohibition on the opening, occupation or use of a building which has not been granted the necessary certificates by the Building Control Authority, as required, including the certificates referred to above.
The Building Control (Amendment) Regulations 2009 provided for the coming into effect of the above provisions on 1 October 2009.
Primary responsibility for compliance with the requirements of the Building Regulations rests with the builders and owners of buildings. Enforcement of the building control system is a matter for the local Building Control Authority, which is empowered to carry out inspections and initiate enforcement proceedings, when considered necessary.
Terence Flanagan
Ceist:283 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a matter (details supplied); and if he will make a statement on the matter. [2793/10]
Amharc ar fhreagraThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of a premises and the making of such other provisions as it considers necessary or desirable, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. My Department's role is one of supporting and assisting local authorities in delivering fire services through the setting of general policy and the provision of capital funding.
The primary role of the local authority fire service in the event of a fire is to rescue people, save property and extinguish the fire. Fire brigades routinely prepare internal operational reports on fire incidents attended and these reports may include opinions as to the possible causes of the fires. However, fire authorities do not carry out formal investigations into the causes of fires.
The Garda Síochána carry out investigations to assist the Coroner's Office in all cases where fatalities occur from fire. The Garda Síochána also investigate fires where a crime is suspected. Investigations may also be carried out by the Health and Safety Authority and, in certain circumstances, such as the Whiddy Island and Stardust fires, tribunals of inquiry have been established to investigate the fires. An investigation into this incident by An Garda Síochána is ongoing and therefore it would be important to await the outcome of this investigation.
The Fire Services Acts 1981 and 2003 and Building Regulations 1997- 2008 include a range of provisions for fire safety in the design, construction, operation and management of buildings (including apartments).
Part B of the Building Regulations 1997 sets out the fire safety requirements to be observed in the design and construction of certain buildings including apartment complexes.
Section 18 (Part 3) of the Fire Services Act 1981 places a duty on persons having control over premises, such as apartment complexes, to take all reasonable measures to guard against the outbreak of fire and to ensure the safety of persons on the premises in the event of an outbreak of fire. Section 4 of the Act provides that it an offence for any person to contravene any requirement of Part 3 of the Act.
Section 22 of the Fire Services Act 1981, as amended, empowers fire authorities to inspect any land or building, including apartment complexes, for the purpose of the Act, including enforcement of fire safety matters.
I have no role in the day to day exercise of these functions.
The preparation of legislation on management companies for apartment complexes is a matter for my colleague, the Minister for Justice, Equality and Law Reform.
Question No. 284 answered with Question No. 17.