Tony Killeen (Clare, Fianna Fail)

I thank Deputy Broughan for raising this important matter in regard to fire safety at the apartment complex at Priory Hall, Donaghmede, Dublin 13. In terms of the construction of new buildings, including apartment blocks and dwellings and extensions to, material alterations of and certain changes of use of existing buildings, the legal requirements are set out in the building control code. Part B of the building regulations set out the requirements for fire safety. A comprehensive suite of related technical guidance documents provide detailed guidance on how to comply with the regulations.

Part III of the Building Control Regulations 1997 provides for the issue of a fire safety certificate by a building control authority. The fire safety certificate certifies that the works or building, if constructed in accordance with the plans, documents and information submitted, would comply with the requirements of Part B - fire safety - of the regulations. A fire safety certificate is required for building work in categories specified in article 2(I) of the regulations, including the construction or material alteration of commercial premises, places of work and assembly, institutional buildings and the common areas of apartment blocks. I understand that applications for two fire safety certificates in respect of the north and south blocks of the development in question were submitted to Dublin City Council in January 2004 and that certificates were granted by the council subject to conditions on 23 June 2004 and 16 August 2004, respectively.

Responsibility for compliance with the regulations rests with the builder and the owner of a building. Enforcement is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings when considered necessary.

Section 18 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. In addition, section 22 of the Act empowers fire authorities to inspect any land or building, including apartment complexes, for the purpose of the Act.

In regard to the development concerned, I understand from Dublin City Council, in whose administrative area the development is located, that, following an inspection of the development by the council, enforcement notices under the Building Control Act 1990 and fire safety notices under the Fire Services Acts 1981 and 2003 were served on the owners and builder in regard to non-compliance. Further legal proceedings by the council are pending in regard to this matter.

I understand that Dublin City Council has responsibility for 16 social housing units and a further seven units are occupied by tenants through the rental accommodation scheme. In addition, there are seven units of accommodation managed by St. Michael's House. Officials from the council have met the tenants of these units and advised them of the position with regard to the serving of the enforcement and fire safety notices and of the council's intention temporarily to relocate the tenants to alternative accommodation until the issues with Priory Hall have been dealt with in accordance with the notices served. The council has sourced the necessary accommodation and arrangements are now being made to relocate all the tenants concerned. The House will appreciate that the rehousing of occupants of privately owned apartments in the complex is a matter for resolution between the owners and the property vendor concerned.

While the enforcement action underway is a matter for Dublin City Council, the Department has asked the council to be kept appraised of developments in the matter. I hope the problems in respect of the development at Priory Hall will be resolved as soon as possible so that the residents do not have to remain out of their homes for any longer than is absolutely necessary.

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