The aim of the building regulations is to provide for the safety and welfare of people in and about buildings. The building regulations apply to the design and construction of a building or to an extension or material alteration of a building. The minimum performance requirements that a building must achieve are set out in the second schedule to the building regulations. These requirements are set out in 12 parts classified as Parts A to M.
Technical Guidance Documents (TGDs) provide technical guidance on how to comply with the building regulations in practical terms. TGD B contains guidance, compliance with which will, prima facie, indicate compliance with Part B. The building regulations are subject to ongoing review in the interests of safety and the well-being of persons in the built environment and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation.
Work has been on-going to review TGD B – Fire Safety (2006) and a new Part B/ TGD B Volume 2 (2017) came into force on 1 July 2017. This Volume 2 applies to dwelling houses only. Important revisions in the TGD B Volume 2 include enhanced provision for fire detection and alarm systems in dwelling houses, guidance on fire safety in community dwelling houses, guidance on timber frame construction, including new provisions in respect of timber frame party walls, enhanced provisions in respect of loft conversions, new provisions for galleries in dwelling houses and other general updates. Volume 1 is being prepared for public consultation.
Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities, who have extensive powers of inspection and investigation under the Acts.
The statutory requirements in relation to Fire Safety Certificates are set out in the Building Control Act 1990, as amended by Part 2 of the Building Control Act 2007, and in regulations made thereunder. A Fire Safety Certificate is a certificate granted by a local Building Control Authority which specifies that the works or building to which the application relates will, if carried out in accordance with the plans and specifications submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations. A Fire Safety Certificate is generally required before construction work is commenced in the case of a new apartment block, a new building other than a dwelling or an existing building other than a dwelling undergoing an extension, a material alteration or a material change of use. A building used as a dwelling other than a flat is exempted from the requirement to obtain a Fire Safety Certificate.
The process of Agrément certification applies to those products and processes which do not fall within the scope of existing construction standards, either because they are innovative or because they deviate from established norms. The National Standards Authority of Ireland (NSAI) Agrément assesses, specifies testing, and where appropriate, issues Agrément certificates confirming that new building products, materials, techniques and equipment are safe and fit for purpose in accordance with the Irish Building Regulations and with the terms of the certificate.
The NSAI is an autonomous body under the aegis of the Minister for Business, Enterprise and Innovation. I understand that the issue raised in relation to Irish Agrément Certificate 04/0198 has been brought to the attention of the NSAI.
It is important to note that in accordance with the recommendations of the Timber Frame Housing Report, a standard in relation to timber frame construction was developed subsequent to the provision of the Agrément Certificate in question. Irish Standard 440: 2009/A1:2014 Timber Frame Construction, Dwellings and other Buildings (I.S. 440) specifies requirements for materials, design, manufacture, construction details, site work and quality control for platform timber frame construction. It requires that the responsibilities for the tasks involved in the planning, structural design, site erection and inspection be agreed and recorded prior to the commencement of each project. I.S. 440 also gives specific details relating to fire, including the construction of separating walls, horizontal and vertical fire stopping, cavity barriers and detailed fire stopping junctions for walls and floors and service penetrations. I understand that I.S. 440 is currently under review, and it is intended that both external and party wall new constructions and methods will be included in the next revision of the document. Manufacturers of timber frame buildings are assessed under an approval scheme operated by NSAI for compliance with I.S. 440 requirements including Factory Production Control (FPC) and a register of compliant manufacturers is available on the NSAI website at https://www.nsai.ie/Our-Services/Certification/Company-Registration-Search.aspx.
It should also be noted that my Department has recently issued guidance to all Building Control Authorities on Timber Frame Walls, which have been tested to the European standard.
