Written answers
Monday, 9 September 2024
Department of Housing, Planning, and Local Government
Fire Safety
Cian O'Callaghan (Dublin Bay North, Social Democrats)
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857.To ask the Minister for Housing, Planning, and Local Government to examine an issue surrounding fire safety in a development (details supplied); and if he will make a statement on the matter.[35366/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Services Act, 1981. My Department supports fire authorities through setting general policy and national standards, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding support for equipment and priority infrastructural projects.
While fire authorities have powers under the Fire Services Act, 1981 and 2003 to carry out inspections of some premises, section 18(2) of the Act prescribes that the “person having control” over premises “take all reasonable measures to guard against the outbreak of fire on such premises, and to ensure as far as is reasonably practicable the safety of persons on the premises in the event of an outbreak of fire."
Under Section 18(2) of the Fire Services Acts, 1981 & 2003, there is a standing obligation on the person having control of the premises to ensure appropriate measures for fire safety are in place at all times. In addition, the design and construction of buildings is regulated under the Building Control Acts 1990 to 2020 with the primary responsibility for compliance to all aspects of the Building Regulations, including fire safety, resting with the designers, builders and owners of buildings.
The person having control of a building is legally required to make provision for fire safety on the premises. The person having control should ensure at all times that necessary reasonable fire safety measures and procedures are in place. If the person having control of a building requires advice with respect to fire safety systems, they should engage the relevant competent persons. My Department has published guidance for persons with obligations under Section 18(2) of the Fire Services Act 1981 which is available at:
www.gov.ie/en/publication/c0b05-fire-safety-guide-for-building-owners-and-operators/
Inspection and enforcement of the provisions of the Fire Services Act and Building Regulations is a function of the 31 local authorities, who have a suite of enabling and enforcement powers under both legislative codes.
My Department cannot provide advice directly to individuals or management companies relating to individual buildings/apartments. Apartment owners or management companies should engage Fire Safety Consultants and link with their local authority where necessary.
Fire Services are a local government service and responsibility for statutory fire prevention and building control functions rests with the relevant local authority. In the case of the premises in question, the appropriate fire authority is Dublin Fire Brigade and direct contact can be made with them in relation to fire safety issues, including requests to carry out a fire safety inspection of any individual premises.
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