Michael Kitt (Galway East, Fianna Fail)
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Question 432: To ask the Minister for the Environment, Community and Local Government his plans to introduce legislation relating to fire safety in apartment buildings; and if he will make a statement on the matter. [18746/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Those involved in the design and construction of buildings, including apartments, have a duty to comply with the requirements of the Building Regulations 1997- 2010. These Regulations include a range of provisions for fire safety in the design and construction of buildings (including apartments). Part B of the Building Regulations sets out the fire safety requirements to be observed in the design and construction of certain buildings including apartment buildings.

Section 18 of the Fire Services Act 1981 and 2003 places a duty on persons having control over premises, such as apartment buildings, 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. The Section also places a duty on people on such premises to conduct themselves in such as way as to ensure that, as far as reasonably practicable, other people on the premises are not exposed to danger from fire as a consequence of any act or omission of theirs. Section 22 of the Act empowers fire authorities to inspect any land or building, including apartment buildings, for the purpose of the Act, including enforcement of fire safety matters.

Earlier this year, the Minister for Justice and Law Reform introduced the Multi-Unit Developments Act 2011. Under Section 3 of the Act, it is a condition of sale of an apartment in a Multi-Unit Development that a certificate be furnished from a suitably qualified person confirming that the relevant parts of the multi-unit development have been constructed in compliance with the fire safety certificate issued pursuant to Building Control legislation.

I do not have plans to introduce additional legislation in relation to fire safety in apartment buildings.