Leo Varadkar (Dublin West, Fine Gael)
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Question 303: To ask the Minister for the Environment, Heritage and Local Government the position regarding a small child care business with fewer than ten children based in a private home, which now intends to relocate into a planned extension of the house; the circumstances under which the local authority might grant a relaxation or dispensation in accordance with section 4 of the Building Control Amendment Act of 2009 requirement to secure a Disability Access Certificate, in view of the fact that the cost of installing an adult disabled toilet for this small child care business will make the project cost prohibitive and would be unnecessary as none of the customers are adults; if any guidelines have been issued to local authorities on this; his reasons in making provision for local authorities to grant a relaxation or dispensation as the local authority cannot offer any guidance to the applicant; and if he will make a statement on the matter. [18732/10]

John Gormley (Dublin South East, Green Party)
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Article 20 D of the Building Control (Amendment) Regulations 2009 sets out the requirements for a Disability Access Certificate (DAC). The DAC, which is issued by the Building Control Authority, came into effect on 1 January 2010 and indicates compliance with Part M of the Second Schedule to the Building Regulations, currently Part M 2000. Guidance has been issued by my Department to the Building Control Authorities in the form of two Circular Letters dated 10 September 2009 and 16 November 2009 respectively.

A DAC is required in respect of certain categories of works or buildings, including buildings where there is a material change of use, which includes a material alteration. The underlying philosophy on which the requirements of Part M is based is that buildings should be accessible and usable by everyone, whether working in or visiting a building, including people with disabilities. Part M requires adequate provision of accessible sanitary conveniences where sanitary conveniences are provided in a building.

The granting of a dispensation or relaxation from the requirements of the Building Regulations, including Part M, is a matter for the relevant Building Control Authority.