Fire Services Act

Fire Services Act 1981 - 2003

The current structure of the Fire Service in Ireland is based upon the legislation of the Fire Services Act of 1981 & 2003.

While the "duty of care" in respect to Fire Safety in Buildings rests with the Owner/Occupier under the Fire Service Act, 1981, the Fire Authorities have various powers of inspection and enforcement for Fire Prevention/safety measures in existing Buildings. See links to the relevant acts below;

Responsibilities

Section 18(2) of the Fire Services Act, 1981 & 2003 is quoted as follows: -

It shall be the duty of every person having control over premises to which this section applies to—

(a) take all reasonable measures to guard against the outbreak of fire on such premises

(b) provide reasonable fire safety measures for such premises and prepare and provide appropriate fire safety procedures for ensuring the safety of persons on such premises

(d) ensure, as far as is reasonably practicable, the safety of persons on the premises in the event of an outbreak of fire whether such outbreak has occurred or not

Penalties

Section 5(1) of the Fire Services Act, 1981 & 2003 is quoted as follows: -

A person who is guilty of an offence by reason of a contravention of section 18(2), section 20 or section 20A or regulations made under section 37 shall be liable

(a) on summary conviction, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €130,000 or to imprisonment for a term not exceeding 2 years, or to both

Fire Safety Management

The following link from the Department of Housing, Local Government and Heritage provides guidance for persons having control under Section 18(2) Fire Services Acts 1981 and 2003 https://www.gov.ie/en/publication/c0b05-fire-safety-guide-for-building-owners-and-operators/

Section 18(2) of the Fire Services Acts 1981 and 2003 places a duty on persons having control over all types of premises other than a dwelling house occupied as a single dwelling. This Guide will assist every person having control in a practical understanding and effective implementation of these requirements in discharging their statutory responsibility for fire safety in a premises.

The persons having control over premises could include, as appropriate the owner, the occupier, leasee or somebody hiring the premises. This Guide will assist in the identification of the person having control as the person with direct responsibility for fire safety. This Guide further outlines general principles of safety and the range of duties which should be applied having regard to the individual circumstances of each premises, rather than a set of rules.

Fire Safety Assessment

Section 18(6) of the Fire Services Acts 1981 and 2003 provides power for a person (a fire officer) authorised by a fire authority to require a person having control over premises (building owner or occupier) to:

carry out a fire safety assessment of the premises and
notify the fire authority of such assessment.

Typically, building owners engage professionals to carry out the fire safety assessment. The following link provides guidance on fire safety assessments https://www.gov.ie/en/publication/354c8-code-of-practice-for-fire-safety-assessment-of-premises-and-buildings/

The Code of Practice is of assistance to fire services, in providing standard guidance for building owners and their professional advisors, where the fire service requires a fire safety assessment.

Fire Safety Guidance Documents

The guidance document which covers Fire Safety (Part B) of the Building Regulations are part of a suite of Technical Guidance Documents A – M. Technical Guidance Documents are published to accompany each part of the Building Regulations indicating how the requirements of that part can be achieved in practice.

Adherence to the approach outlined in a Technical Guidance Document is regarded, as evidence of compliance with the requirements of the relevant part of the Building Regulations.

Primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings.

All of the documents in the following link https://www.gov.ie/en/collection/d9729-technical-guidance-documents/ include all editions and related publications.

The following links provide information and guidance on the fire safety of buildings built prior to the introduction of the Building Regulations in 1991.

Fire Services Act

Fire Services Act 1981 - 2003

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