162 / 462
GAZETTE
JUNE
1992
Structure
Site Preparation
and Resistance
to Moisture
Sound
Hygiene
Heat Producing
Appliances
Conservation of
Fuel and Energy
Fire
Materials and
Workmanship
Ventilation
Drainage and
Waste Disposal
Stairways, Ramps
and Guards
Access for
Disabled People.
The Building Regulations which
come into effect on 1 June, 1992,
will not apply to works commenced
before the operative date or to works
to which existing bye-laws apply
under the transitional arrangements
of the Act. In addition, they will not
apply to certain specified buildings
including certain buildings erected in
connection with mines or quarries;
buildings subject to the Explosives
Act, 1875; buildings subject to the
National Monuments Acts, 1930 to
1987; ESB sub-stations; certain
temporary dwellings and certain
single storey buildings (e.g. domestic
garages, conservatories, garden sheds
and certain glasshouses).
Subject to the above specified
exclusions the Building Regulations
are intended to apply:
• to all works in connection with
the design and construction of
every new building;
• to all works in connection with
the material alteration or
extension of an existing building
or part of a building, whether or
not the building was constructed
before the operative date;
• to all works in connection with
the provision of certain services,
fittings and equipment in any
building whether or not the
building itself was constructed
before or after the operative date;
• where a material change of use
takes place in the purposes for
which a building is used.
The Department of the Environment
has published a series of "Technical
Guidance Documents" which
provide guidance on compliance with
the requirements set out in the
Building Regulations.
Control Regulations
The Minister is empowered under
Section 6 of the Act to make
regulations in respect of procedural
and administrative matters with a
view to ensuring the implementation
of and compliance with the Building
Regulations. In pursuance of this
power, the Minister has published
the Control Regulations which are
due to come into force on 1 June,
1992.
The Control Regulations provide
for:-
• the giving of notice of
commencement of works to the
appropriate Building Control
Authority;
• the procedures for obtaining a
fire safety certificate;
• the maintenance of a register of
applications for fire safety
certificates and of decisions on
such applications.
Commencement Notices
Any person who intends to carry out
the construction or material
alteration of a building or make a
material change in the use of a
building to which the Control
Regulations apply must give the
Building Control Authority in whose
functional area the building or
proposed building is or will be
situate, written notice of such
intention (a commencement notice)
not less than 7 days and not more
than 21 days before the
commencement of the works or the
making of the material change of
use as the case may be.
Notice is not required where the
development is an "exempted
development" for the purpose of the
Local Government (Planning and
Development) Acts, 1963 to 1990
(save developments which require a
Fire Safety Certificate under Article
8 of the Control Regulations).
The Control Regulations require the
commencement notice to include
details of location and use; a
description of the proposed works or
material change; details of the owner
of the building or works and of the
person who is to carry out the
works; details of the availability of
relevant plans, documents and other
information on the proposed works
and details on the availability of
information on the pouring of
foundations and covering up of any
drainage system.
Fire Safety Certificates
The Building Regulations set out the
fire safety requirements that must be
adhered to in construction of works
or material change of use. The
Control Regulations then specify that
before any such works or material
change can be commenced a fire
safety certificate must be obtained
from the relevant Building Control
Authority. This certificate will certify
that the building works or material
change will, if carried out in
accordance with the plans,
documents and information
submitted to the Building Control
Authority, comply with the fire
safety requirements set out in the
Building Regulations.
The obligation to obtain a fire safety
certificate does not apply to
buildings which are specifically
excluded from the Building
Regulations nor does it apply to
buildings which are dwellings (save
flats). In addition, the requirement
does not apply to works or material
change commenced before 1 August,
1992.
The format of the application for
a fire safety certificate is set out in
the Control Regulations together
with guidelines in respect of same.
A Building Control Authority
may refuse an application or
attach conditions to a fire safety
certificate.
Each Building Control Authority is
required to keep a register of all
138