Written answers

Tuesday, 26 November 2013

Department of Environment, Community and Local Government

Fire Safety Issues

Photo of Gerald NashGerald Nash (Louth, Labour)
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461. To ask the Minister for Environment, Community and Local Government if current legislation permits a business premises to continue to operate, pending obtaining a fire safety certificate or in the case of an ongoing appeal to An Bord Pleanála in respect of a refusal to grant such a certificate; and if he will make a statement on the matter. [50187/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The legal position in relation to Fire Safety Certificates is set out in the Building Control Act 1990, as amended by Part 2 of the Building Control Act 2007. A Fire Safety Certificate (FSC) is generally required before construction work is commenced in the case of a new apartment block, a new building other than a dwelling or an existing building undergoing an extension, a material alteration or a material change of use. The FSC is issued by the Building Control Authority and certifies that the building, if constructed in accordance with the plans and documentation submitted, will comply with the requirements of Part B (Fire Safety) of the Building Regulations.

Section 5 of the Act of 1990 as amended also provides for a prohibition on the opening, occupation or use of a building which has not been granted, among other things, an FSC where such a certificate is required. In this regard, article 43 of the Building Control (Amendment) Regulations 1997 to 2009 declares that the opening, operation or occupation of a new or existing building prior to the grant of an FSC, where required, or prior to the determination by An Bord Pleanála of an appeal on the matter, is an offence to which section 17(2) of the Act of 1990 refers, meaning that the offence, if successfully prosecuted in court, may result, on summary conviction, in a fine not exceeding €800 and/or imprisonment for a term not exceeding six months or, on conviction on indictment, in a fine not exceeding €10,000 and/or imprisonment for a term not exceeding two years.

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