Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I very much welcome the opportunity to be here today to discuss this very important issue of fire safety in apartment buildings. I think we are all agreed that this is a very important issue during construction but, of course, also during the lifetime of what is a person's home. The overall aim of the building regulations is to provide for the safety and welfare of people in and as they go about buildings. Of course fire safety and life safety is a human issue, a safety and health and protection matter but discussing it can be quite technical so my apologies for some of the jargon as I address the different aspects of the building codes that we have and how they are implemented.

Part B, fire safety, of the Second Schedule to the building regulations sets out the legal requirements regarding fire safety in respect of new buildings, including apartments, and in respect of existing buildings undergoing works involving an extension, material alteration or certain material changes of use. Historic buildings predate, in some cases by centuries, the introduction of building regulations, which do not create retrospective requirements on existing buildings. These buildings will generally attract the requirements of the Fire Services Acts 1981 and 2003. Broadly paraphrasing, this places obligations on those having control over a building to guard against the outbreak of fire and make provision for the safety of people in the event of fire.

National guidance to the building regulations is provided in technical guidance document B fire safety, where works are carried out in accordance with the guidance, this will prima facieindicate compliance with the fire safety requirements set out in the building regulations. The adoption of alternative approaches is allowed provided that the relevant requirements of the regulations are complied with.

Building control regulations require a fire safety certificate, FSC, to be obtained for new buildings, with some exceptions, and certain works to existing buildings. The FSC ensures the building or works if constructed in accordance with the plans and specifications submitted, comply with the requirements of Part B, as I have explained. As such, an application is examined technically by the chief fire officer or building control authority for compliance with Part B, and this may be on the basis of technical guidance document B or through alternative approaches to providing fire safety. Dublin Fire Brigade assesses and processes fire safety certificate applications for Dublin City Council and on behalf of Fingal County Council, Dún Laoghaire-Rathdown County Council and South Dublin County Council.

In terms of the responsibility for compliance, primary responsibility for compliance with the requirements of the building regulations rests with the owners, designers and builders of buildings. Enforcement of the building regulations is a matter for the 31 local building control authorities that have extensive powers of inspection and enforcement under the Acts and are independent in the use of their statutory powers.Unfortunately, there have been many incidences of failures and non-compliance concerns coming to light during the past decade in houses and apartment buildings. From my personal engagement with those who have been directly affected, I fully understand the stress and impact such building deficiencies can have on their lives, through no fault of their own. We are talking about somebody's home, which is a significant financial but also a major personal investment.

Where fire safety concerns arise in residential developments, local authorities have powers of inspection and enforcement under the Fire Services Acts 1981 and 2003, the housing Acts and the planning and development Acts which may be relevant.

Where fire safety in housing and apartment building are found to be non-compliant with building regulations or defective from a fire safety perspective, local authority fire services work with management companies and other stakeholders to ensure that appropriate levels of fire safety are achieved that minimise the potential for loss of life. Actions are taken on a case-by-case fire safety assessment. However, in general, building defects are matters for resolution between the contracting parties involved - in other words, the homeowner, the builder, the developer or their respective insurers, structural guarantee or warranty scheme, or both. It is incumbent on the parties responsible for poor workmanship or the supply of defective materials or both to face up to their responsibilities and take appropriate action to provide remedies for the affected homeowners.

While my Department has overall responsibility for establishing and maintaining an effective regulatory framework for building standards and building control, it has no general statutory role in resolving defects in privately owned buildings, including dwellings, nor does it have a budget for such matters. Despite intervening in specific circumstances, because of an obligation to do so, it is not possible for the State to take on responsibility or liability for all legacy issues of defective building materials or workmanship and nor would it send the right message to the industry regarding their responsibility for compliance.

When a building is constructed and occupied, statutory responsibility for fire safety is assigned by section 18(2) of the Fire Services Acts 1981 and 2003, to the "person having control" of the building. The person having control is required to take reasonable measures to guard against the outbreak of fire and to ensure the safety of persons in the event of fire. In multi-unit developments, the "person having control" is generally the owner management company. Under the Multi-Unit Developments Act 2011, which is under the remit of my colleague, the Minister for Justice and Equality, the owner management company must establish a scheme for annual service charges and a sinking fund for spending on refurbishment, improvement or maintenance of a non-recurring nature of the multi-unit development.

In response to the concerns raised about fire safety issues in dwellings, my Department published a framework for enhancing fire safety in dwellings where concerns arise in 2017. This framework is a guide for the owners and occupants of houses and apartments, where fire safety deficiencies have been identified, or are a cause for concern. It includes a range of actions that may reduce risk and improve the level of fire safety where deficiencies arise in dwelling houses, apartments or the common areas of apartment buildings or both.

Furthermore, in the aftermath of the Grenfell Tower tragedy in June 2017 and in recognition of fears expressed for fire safety, I asked my Department's national directorate for fire and emergency management to convene a task force to lead a reappraisal of our approach to fire safety in Ireland. Following inspections, the task force reported that the combination of factors that seem to have existed in Grenfell Tower were not seen to be present in medium-to-high rise buildings in Ireland. All multi-storey local authority housing stock was inspected. In respect of medium to high-rise buildings, fire services have conducted surveys to identify buildings in excess of six storeys or 18 m in height, including those fitted with external cladding.

Where buildings of this type were identified, fire services required building owners to have a fire safety assessment carried out, where this was warranted. The most recent figures provided by fire services indicate that countrywide, 838 buildings have been identified at this height, 373 of which are residential and 465 are non-residential. Some 287 buildings with cladding have been identified, of which 104 are residential and 183 non-residential. Some 221 fire safety assessments were required, comprising 103 residential and 118 non-residential. A figure of 152 assessments have been provided, 69 for residential and 83 for non-residential. In 41 cases, further action has been required to improve fire safety in the buildings concerned, 32 of which were residential and nine were non-residential. In seven cases, further action involves work to deal with issues in cladding systems, six of which were residential and one was non-residential.

This work is ongoing and is overseen by my Department's national directorate for fire and emergency management. I have brought updates to Cabinet where necessary.

My Department issued guidance in 2017 on the assessment of cladding systems on existing buildings. The guidance includes advice on interim fire safety measures, to be adopted in buildings, pending the completion of works to cladding systems, where works are necessary. The report also recommends that apartment management companies should review the arrangement for ensuring that appropriate fire protection facilities are present within apartments and are checked and maintained routinely and that behaviour which could endanger fire safety or unacceptable practices by residents is prevented. Training by local authority fire services to directors of apartment management companies on key life safety issues, including the fire detection and alarm systems, the evacuation procedures and keeping a fire safety file and a fire safety register in respect of the building was also suggested in the report.

The directorate's management board has been tasked with implementation of the recommendations within its remit and oversight of the implementation of other recommendations.

We are, of course, all aware of the devastating impact of the fire in Notre Dame cathedral in Paris, France. This highlights the importance of the safety of people in our historic buildings. While the primary concern is the safety of people in and about historic buildings, the owners and operators of such buildings also may need to make additional provision for the protection of the valuable building fabric, heritage value and contents of these buildings. My Department has met the Department of Arts, Culture and Heritage in light of the fire in Notre Dame and it is known that approximately 70% of fires in historic buildings occur during repair works. An inter-agency approach is required with stakeholders, including those in charge of the buildings, be they museums, churches or relevant State archives. Work is progressing and will continue on this matter.

Finally, in response to the building failures that have emerged during the past decade, my Department has advanced a robust and focused building control reform agenda, including amendments to the building control regulations, the establishment of a shared services national building control project and the ongoing development of new legislation through the building control (construction industry register Ireland) Bill. These reforms have already brought, and will continue to bring a new order and discipline to bear on construction projects, creating an enhanced culture of compliance with the building regulations. This is of great importance, given the impact the built environment has on the health and well-being of our citizens.