Upcoming Events
Fire Safety in Sleeping Accommodation Seminar, 16 Sept, Glasgow - Delegate places still available
Fire Industry Charity Ball, 25 Sept, London - Organised by the Worshipful Company of Firefighters
Eurofeu General Assembly and Congress, 27 Sept, London - This year’s General Assembly and Congress is hosted by the FIA, who will also be confirmed as holding the Eurofeu Presidency for the coming two years. The Congress is open to all with a packed agenda on all the latest news affecting our industry.
FIA Regional Networking Roadshow, 7 Oct, Manchester - Network with industry colleagues, meet the FIA team and get to know Manchester Fire & Rescue Service…All for free
3rd Annual BSi Fire safety Conference, 25 Nov, London - Learn about the latest developments in Standards, such as BS9999 and BS9991
Sponsorship/Exhibition Opportunities at FIA Events - Want to exhibit at the networking roadshow? Want to sponsor the FIA sell out AGM Lunch? Various exhibition and sponsorship opportunities exist at both these events from as little as £350. For more information contact the Sales Manager, Michael Gregg on 020 3166 5002.
The Building Standards Section of the Department of the Environment, Heritage & Local Government have confirmed that Technical Guidance Document Part M, 2000 remains current until further notice. The new document is not due for publication before September at the earliest and at the time this information was sought by FiSCA, the revised draft Document had not been approved!
Below is the text of a letter sent out in the 2nd week of July 2010 to all County Managers, Building Control Officers and Chief Fire Officers. It refers to an earlier letter, the text of which follows on from this letter, below it. (Just for context.)
Circular Letter BC 6/2010
July 2010.
Re: Building Control (Amendment) Regulations 2009
- S.I. No. 351 of 2009.
Dear Manager,
I refer to Circular Letter BC 10 /2009 in regard to the above Regulations.
Regularisation Certificate
Article 20 C of the Regulations provides for the introduction of a Regularisation Certificate which may be granted with or without conditions or refused by a building control authority in respect of non-domestic buildings and apartment blocks (excluding dwelling houses) which have been commenced or completed without a Fire Safety Certificate (FSC) as required under the Regulations.
It is currently an offence under the building code to commence work on such buildings without a FSC, where one is required. It is open to Building Control Authorities to prosecute where such an offence occurs.
Completed Building, Extension to or Material Alteration.
The form of application for a Regularisation Certificate is specified in Article 20C(2) of the Regulations. The application must be accompanied by documentation specified in 20C(2)(b) which includes a Statutory Declaration from the applicant that the information submitted in respect of the building is true and accurate and that the works comply fully with Part B (Fire Safety) of the Second Schedule to the Building Regulations. The applicant also solemnly declares to abide by any conditions, including conditions to carry out additional work considered appropriate by the Authority in the issued Certificate within a period of 4 months, otherwise the Certificate shall not have effect. It is an offence for a person to make a Statutory Declaration that is false or misleading in any way.
Article 20C(5) of the Regulations provides that where, having considered an application, the building control authority is disposed to granting a Regularisation Certificate subject to any modification of the plans, documents or information submitted, they may require the applicant to submit revised plans, documents or information providing for such modification.
Under Article 20C(6), the Building Control Authority shall, having considered the application and following an inspection of the building, grant the Certificate with or without conditions or refuse the Certificate. In regard to the requirement to carry out an inspection of the building for the purposes of the Regulations, the authorised officer should carry out a visual inspection of the building which would be non-invasive and would not apply to works covered up, inaccessible or
otherwise obscured from view. Therefore, a Regularisation Certificate would be granted by the building control authority based on certified information provided by the applicant and following a visual inspection of the building.
Section 11(3)(c) of the Building Control Act 1990 provides that an authorised officer may require the owner or occupier of the building or any person responsible for the construction of the building to provide such plans, documents and information as are necessary to establish whether the requirements of the building regulations are being complied with in relation to the building. Such additional documentation and information could include plans or documents in regard to fire detection and alarm systems or emergency lighting systems together with a document attesting to compliance of all works with Part B (Fire Safety) of the Building Regulations. The scope of Section 11(3)(c) is quite broad and an authorised officer may request any additional attestations, documentary evidence etc that (s)he deems necessary to allow them to adjudicate on the application.
Incomplete Building, Extension to or Material Alteration.
Where an application for a Regularisation Certificate is submitted in respect of a building on which works have commenced but have not been completed, the authority may, as provided for under Article 20C(5)of the Regulations request the applicant to submit revised plans, documents or information for modification of the drawings submitted indicating how it is proposed to complete the building works. The authority may, under section 6(5) of the Building Control Act 1990 (as amended), agree in writing with the applicant one or more extended period(s) of time for consideration of the application. In the interests of practical implementation of the Regulations, the agreed period(s) may be extended until completion of the works so that the Regularisation Certificate may be granted, if considered appropriate, following completion of the works and following an inspection of the building. The requirement for an inspection is as set out in the preceding paragraphs together with the provisions of Section 11(3)(c) of the 1990 Act. .
Revised Fire Safety Certificate (FSC)
A revised FSC may be applied for where –
- an application is made for a FSC before grant of the necessary planning permission if necessitated by the grant of any conditions imposed in the subsequent permission or
- where significant revision is made to the design or works of a building, extension to or material alteration or change of use of a building in respect of which a FSC has been granted by the building control authority.
It is only in the above circumstances that an application for a revised FSC may be submitted. It will be necessary in cases where work has commenced and where significant revision to all the works is necessary, for the applicant to await a decision on the application by the building control authority before continuing with the works. This is to avoid potentially expensive remedial work, which could be necessary where the revised FSC is granted subject to conditions and it should be borne in mind that the application may also be refused. In such circumstances, the decision may be the subject of an appeal to An Bord Pleanála.
Disability Access Certificate (DAC)
Article 20D of the Regulations provides for a DAC. Further to Circular letter BC 11/2009 dated 16 November 2009 on the application of the DAC, it should be noted that, technically, a DAC is not required in advance of commencement of work. However, a person shall not carry out works in contravention of Part M of the Second Schedule to the Building Regulations 2000 or any conditions subject to which a DAC is granted (where a DAC is required). In addition, a new building or an existing building in respect of which an extension or a material alteration has been made shall not be opened, operated or occupied or permitted to be opened, operated or occupied
unless a DAC or a revised DAC, where required, has been granted by the building control authority or pending the determination of an appeal by An Bord Pleanála.
To avoid potentially expensive remedial work, it would be considered good practice to apply for a DAC at the same time as a FSC, thereby ensuring that the DAC and any conditions pertaining to it are set out prior to commencement of works.
Responsibility for Compliance with the Regulations/ Limitation on Civil Proceedings
Responsibility for compliance with the building code is ultimately a matter for the owner or builder of a building. Building Control Authorities should note that under Section 21 of the Building Control Act 1990 - Limitation on Civil Proceedings- a person shall not be entitled to bring any civil proceedings pursuant to this Act by reason only of the contravention of any provision of this Act, or of any order or regulation made thereunder.
This circular is intended to assist building control authorities in practical implementation of certain Articles of S.I. No. 351 of 2009. It is not a legal interpretation of the Regulations, which is ultimately a matter for the Courts.
Any advice or clarification in regard to the above matters may in the first instance be e-mailed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Telephone enquires may be addressed to the undersigned (01-8882386), Adam Egan (01-8882551) or Claire Darragh (01-88828930
Mise, le meas
________________________
Nancy Callaghan
Assistant Principal Officer,
Private Rented Sector and Building Standards Section.
To: all City/County Managers, Building Control Officers and Chief Fire Officers.
End of Letter.
Info relating to recent legislation regarding FSCs & DACs
On the 1 October 2009, sections 5 and 6 of the Building Control Act 2007 came into operation by virtue of the Building Control Act 2007New alternative procedures for Fire Safety Certificate applications.
(Commencement Order) 2009. These new regulations will provide more options for applying for a Fire Safety Certificate.
These options are summarised as follows
Option No 1
Making a Fire Safety Certificate application as per the status quo. In this case work cannot commence until the Fire Safety Certificate is granted and for 14 days after a commencement notice is served. The local authority fee of €2.90/m² up to a maximum of €12,500 still applies.
Option No 2
A revised Fire Safety Certificate Application provides a vehicle to revise a previously granted Fire Safety Certificate, where the design has significantly changed or due to a requirement of planning. The procedure and fee scale is the same as the normal route in option 1.
Option No 3 (1st new alternative) New Fees!
A 7 day notice is a new procedure where an applicant can submit to the local authority their intention to start work in 7 days time. The notice must be accompanied by:-
(a) A valid Fire Safety Certificate Application
(b) An Application form
(c) A 7 Day Statutory Declaration Form. This effectively is a declaration that any works carried out before the grant of the fire cert, will comply with the Building Regulations and an undertaking to carry out any modifications required under the grant.
The local authority fee of increases to €5.80/m² with a maximum fee of €25,000.
Option No 4 (2nd new alternative) New Fees!
A Regularisation Fire Safety Certificate Application
This type of application applies where works have started or completed, without either a normal Fire Safety Certificate Application or a 7 day notice application. Unlike an application for a design, this will need to confirm that the completed building complies with the Building Regulations. The local authority can also inspect the premises.
A statutory declaration is also required stating that the works carried out to date do comply with the Building Regulations and that the applicant will comply with any modifications or
In addition the local authority fee in this case increases to €11.60/m² up to a maximum of €50,000.
Disability Access Certificates (DAC)
The Disability Access Certificate (DAC) was introduced through SI 351 of 2009 dated 4 September 2009, in order to improve compliance of buildings with Part M of the Building Regulations, currently Part M 2000.
Application
A DAC is required for new buildings other than dwellings (including apartment buildings) and certain works (as set out in Article 20 D (1) of SI 351) to which the Requirements of Part M apply, which commence or take place on or after 1 January 2010.
It should be noted in this context, that the Requirements of Part M
• apply to all works in connection with a material alteration or an extension, without requiring any further work to the existing building,.
• do not apply to a material change of use, except where a material alteration or extension is associated with the material change of use, in which case refer to the previous point.
It is expected that a DAC will normally be applied for at the same time as a Fire Safety Certificate.
Form of Application.
The form of application for a DAC is specified in Article 20D (3) of SI 351.
The application should be accompanied by -
1. Such drawings (including a site or layout plan )(in duplicate), suitably marked, noted, highlighted (e.g. coloured, toned or other) and such other particulars (e.g. a report) as are necessary,
2.
(a) to identify and describe the works or building to which the application relates, and
(b) to demonstrate how the Building or works comply with the Requirements of Part M 2000, in particular in relation to the following, where applicable;
• Approach to a Building
• Access to a Building
• Circulation within a Building
• Use of facilities within a Building
• Bedrooms in hotels and other guest accommodations
• Sanitary conveniences
• Audience or spectator facilities
• Apartments in a building.
Sufficient information should be provided to enable the building control authority to assess whether the works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M 2000.
( c ) to identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned, and
3. A fee of € 800 per building (as per Part V of the Building Control Regulations 1997-2009).
Early applications.
In order to facilitate the efficient and effective implementation of the DAC and thus greater compliance with Part M as soon as possible, Building Control Authorities are encouraged to deal promptly with valid applications received in advance of 1 January 2010, for buildings or works due to commence in January and February 2010.
Any advice or clarification in relation to the above and related matters may in the first instance be e-mailed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Telephone enquiries may be addressed to Nancy Callaghan, (01 888 2386), Adam Egan (01 888 2551 or Claire Darragh (01 8882893).
Article 11 of the Building Regulations 1997-2008 also stipulates the Regulations apply to every part of a buildings affected by the material alteration or extension but only to the extent of prohibiting any works which would cause a new or greater contravention, in such building.
