Written answers

Thursday, 12 June 2014

Department of Environment, Community and Local Government

Building Regulations Compliance

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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154. To ask the Minister for Environment, Community and Local Government if the use of overlapping joints, as in the construction of underground car parks, complies fully with building regulations or if there is a risk of collapse over time due to expansion and-or contraction; and if he will make a statement on the matter. [25213/14]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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155. To ask the Minister for Environment, Community and Local Government if adequate safety precautions apply in the case of underground car parks where access may be restricted in the event of fire; and if he will make a statement on the matter. [25214/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 154 and 155 together.

In accordance with the Derelict Sites Act 1990 and the Local Government Acts, owners have a statutory responsibility to make sure that their property does not become derelict or contain any dangerous structure. If it does, an owner must take steps to remedy the situation and may otherwise be liable for prosecution by the relevant local authority.

In relation to the specific concern regarding overlapping joints, I refer to the reply given to Question No. 567 of 27 May 2014 which sets out the statutory framework in place for ensuring structural safety in the design and construction of buildings in accordance with the requirements of the Building Regulations made pursuant to the Building Control Act 1990. Any advice in relation to the compliance or otherwise of a specific building is a matter in the first instance for an appropriately qualified structural engineer.

In relation to the specific concerns regarding fire safety, the position is that Part B of the Building Regulations, and the accompanying Technical Guidance Document B, addresses fire safety. In addition, Section 18 of the Fire Services Acts 1981 and 2003 places a duty on persons having control over premises, such as apartment complexes, 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. Furthermore, Section 22 of the Acts empowers fire authorities to inspect any land or building, including apartment complexes, for the purposes of the Acts.

Any concerns about the well-being and safety of members of the public in or near a particular building should be brought to the attention of the local authority in whose functional area the building concerned is situated. Local authorities have considerable powers of inspection and enforcement under the various Acts referred to enabling them to take whatever action is reasonable and appropriate in all such cases.

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