Part B (Fire safety) of the Building Regulations, and the accompanying Technical Guidance Document B, sets down clearly the statutory minimum standards of fire safety provision which must be achieved when a new building is designed and constructed or when an existing building is subject to works involving an extension, a material alteration or a material change of use. A Fire Safety Certificate (FSC) is also required before construction work commences and it may be illegal to operate a building without having a valid fire safety certificate in place where one is required. In addition, section 18(2) of the Fire Services Act 1981 (as amended) imposes a duty on the persons in control of a premises to ensure the safety of persons on the premises in the event of a potential outbreak of fire. Where the Fire Authority (in this case Dublin Fire Brigade) has concerns regarding the fire safety arrangements of a building, it may require the owner to carry out a fire safety assessment of the premises.
I understand that following complaints regarding pyrite and possible related fire safety concerns in the development concerned, Dublin Fire Brigade wrote to the Management Company requesting a fire risk assessment in January 2013. A report by Fire Safety Consultants following a fire compliance inspection of the common means of escape from these apartments was subsequently received and identified a scope of remedial works to be undertaken including works relating to fire detection, emergency lighting and fire-stopping. The Fire Safety Consultants engaged on behalf of the Management Company have confirmed to Dublin Fire Brigade that the necessary remedial works have been completed.
I understand that the report in question was commissioned by the Management Company and any question of its wider circulation is a matter for that company. The provisions of the Multi-Unit Developments Act 2011 set out the means by which problems relating to the ownership and management of the common areas of both existing and new multi-unit developments can be addressed. The Act also aims to facilitate the fair and effective management of those bodies responsible for the management of such areas. The Multi-Unit Development Act 2011 falls under the remit of my colleague the Minister for Justice and Equality.
