COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, October 11, 2010
QUESTION NO. 6
QUESTION: Councillor R. Dowds
To ask the Manager would a structure which may be dangerous as a result of being a fire hazard come within the terms of the dangerous structure legislation?
REPLY:
The following reply was given to a question submitted to the Lucan-Clondalkin Area Committee (1) on 15th September 2010:
"A meeting between officials of the Planning Department, representatives from the Áras na Cluaine management company, and some members of the Lucan Clondalkin Area Committee was held in County Hall on Wednesday 1st September.
The main issue of concern was the service by the Dublin Fire Authority of Fire Safety Notices as a result of non-compliance by the developer with the specifications of the Fire Safety Certificate for the buildings. Notices were also served on “The Occupier” of every apartment prohibiting the use of the building, as the whole building is a dangerous building.
Summonses have recently been issued by the Fire Authority on the developers regarding these outstanding works.
It should be noted that this is not a matter in which South Dublin County Council is directly involved as, by virtue of a long-standing statutory agreement Dublin Fire Brigade serves South Dublin County.
Other than this there are no known specific planning issues at this development, and even if there were, the management company reps were advised that in the event that planning enforcement action was warranted, as specified in the Planning Act, Warning Letters would be served on “the owner, the occupier, or any other person carrying out the development”, and Enforcement Notices could be served on “the person carrying out the development and, where the planning authority considers it necessary, the owner or the occupier of the land or any other person who, in the opinion of the planning authority, may be concerned with the matters to which the notice relates.
This situation would not necessarily assist the residents or the management company.
As further information comes to hand it will be relayed to the Clondalkin Members."
The Fire Services Act 1981 defines "potentially dangerous building” in Section 19 and fire safety notices which may be served in such cases under Section 20. This is the specific legislation which exists to deal with cases of this nature and which has been followed in this case. It is not appropriate to consider use of the Local Government (Sanitary Services) Act 1964 in these circumstances.