Buying And Living in a Multi-Unit Development Property in Ireland
17. Fire safety
17.1 Introduction
Every building structure must comply with certain legal requirements regarding fire safety.
In particular, building design must ensure that all persons are able to safely evacuate in the event of fire and allow the fire services to access the premises in order to put the fire out.
The information set out in this section is based on existing material published by the Department of the Environment, Heritage and Local Government and is available at www.environ.ie and www.dublin.ie.
For advice and information on fire safety in your unit or multi-unit development, you should always contact the fire services section of your local authority before embarking on any course of action.
17.2 Fire Safety Certificates
With the exception of houses and certain agricultural buildings, developers are legally required to obtain a Fire Safety Certificate before commencing construction.
The Fire Safety Certificate sets out the safety requirements to be observed in the design and construction of the building.
The legislation relating to fire safety in such buildings are the Fire Services Acts 2003 and the Building Control Act, 1990 and regulations made under these Acts.
In general, developers will employ a Fire Safety Consultant, Architect or Engineer who is familiar with the Building Regulations and the procedure for applying for a Fire Safety Certificate.
Local authorities in their function as building control authorities are responsible for sanctioning and issuing fire safety certificates for developments in their area.
A certificate is granted where the local authority is satisfied with the proposed layout and planned build of a building from a fire safety point of view.
Under the Fire Services Acts 2003, local authorities can pursue enforcement of fire safety matters including the management of fire safety. The management company should be prepared to facilitate any request by the local authority to inspect common areas or individual units.
You can check that your development has a fire safety certificate by contacting the building control section of the local authority.
17.3 Who is responsible for fire safety in multi-unit developments?
Section 18 (2) of the Fire Services Act places a duty on persons in control of buildings which contain apartments to take all reasonable measures to prevent the occurrence of fires and to ensure as far as is reasonably practicable the safety of the occupants in the event of fire occurring on the premises.
In many cases these duties may be shared. The building owner, the management company, the caretaker, the owner or tenant of a flat could be the person in control depending on individual circumstances or tenancy agreements.
Fire safety management includes the maintenance of all fire safety devices within the building including for example, fire detection and alarm systems, emergency lighting, ventilation systems, fire doors etc.
In addition, housekeeping of escape corridors, waste management, building and site access and egress together with fire safety instruction and evacuation plans and drill are necessary.
Those responsible for fire safety should be readily identifiable and relevant contact details should be known to residents and prominently displayed at the development.
Should the management company decide to employ their managing agent to assist in the discharge of its fire safety responsibilities then external experts may be required to assist the agent.
17.4 Key principles of fire safety
The key principles of fire safety are summarised as follows:
- Avoidance of outbreaks of fire;
- Provision of escape routes which are protected from smoke and fire and allow occupants to leave the building safely;
- Early detection of fire and early warning to occupants to facilitate safe evacuation;
- Early suppression of fire where feasible;
- Limitation of the development and spread of fire;
- Containment of fire and smoke to the room or unit where the fire originates;
- Management of fire safety.
17.5 Fire safety guidance
The following are the key issues which Dublin Fire Brigade believes management companies should consider and develop appropriate provisions for in relation to fire safety management.
In relation to all of the fire safety guidance issues outlined below, the management company should ensure that it has a clear understanding of the procedures in place and a written description maintained of:
- The extent of the system and how it works;
- Who maintains it and their competency to do so;
- When is maintenance scheduled and what are the provisions for arranging access;
- Who should be contacted for immediate repair if the system goes wrong?
17.5.1 Site access
There should be a clear understanding and written description of areas/parking bays which are strictly reserved for emergency vehicle access.
The areas reserved for residents, visitors and delivery vehicle parking should be strictly adhered to.
17.5.2 Fire detection and alarm system
In addition to the detection and alarm systems which may be maintained by and be the responsibility of individual unit owners, all buildings should be provided with an appropriate fire detection and alarm system with all occupants aware as to how to raise the alarm.
The fire brigade believe that management companies ought to consider retaining right of entry into individual units to ensure that equipment such as alarms are maintained and in the interest of avoidance of false alarms and nuisance to the occupants of other units.
17.5.3 Emergency lighting system
Almost all multi-unit developments will include an emergency lighting system to illuminate common escape routes such as corridors and stairways in the event of an emergency.
In addition to this form of system, exit signposting illuminated in emergency lighting is generally required for accommodation such as basement car parks or other ancillary accommodation.
With the exception of complex circulation layouts and at exit level of stairway that extend down to lower levels it is generally not necessary to provide exit signposting in developments.