Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 215: To ask the Minister for the Environment, Heritage and Local Government the urgent measures he will adopt to ensure that private apartment schemes have adequate fire safety provision in view of the recent Dublin City Council survey of private apartment schemes which highlighted that three-quarters of private apartment schemes in Dublin have inadequate fire safety provision; and if he will make a statement on the matter. [28887/07]

Tony Killeen (Clare, Fianna Fail)
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The 1997 Building Regulations made under the Building Control Act 1990 sets out the requirements, including fire safety, to be met in the design and construction of new buildings, including apartment complexes. Primary responsibility for compliance with the Building Regulations rests with the builders and owners of buildings. Similarly the implementation of fire safety and fire prevention measures required when a premises is constructed and occupied, other than a dwelling occupied as a single dwelling, is the responsibility of the person having control of the premises as set out in the Fire Services Act 1981 and 2003.

The Department's role is to provide the legislative framework within which authorities carry out their functions in these areas. The Fire Services Acts 1981 and 2003 and the Building Control Act 1990 provide the necessary underpinning in this instance. The enforcement of the various fire safety provisions is a matter for individual building control authorities and fire authorities, as appropriate.

Under the building control regime, a Fire Safety Certificate is required for the design of non-domestic buildings, including apartment blocks. This Certificate, which is granted by the Building Control Authority, certifies that the building, if constructed in accordance with the design, plans and documentation submitted, will comply with Part B Fire Safety of the Building Regulations. The role of the local building control authority is to oversee and monitor enforcement of the building control system. Authorities are empowered to carry out inspections and undertake, where necessary, enforcement action in order to ensure compliance.

Section 18(2) of the Fire Services Acts 1981 and 2003 places a duty on persons having control over all premises, other than a dwelling occupied as a single dwelling, to take reasonable measures to "guard against an outbreak of fire and provide appropriate fire safety procedures and to ensure as far as is reasonably practicable the safety of persons on the premises in the event of an outbreak of fire whether such outbreak has occurred or not". The Department has published a number of guidance documents to assist persons in discharging their statutory responsibilities in this area. Fire authorities were given increased inspection, enforcement and prosecution powers in 2003.