S.I. No. 10/2000 - Building Control (Amendment) Regulations, 2000.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by Sections 6 and 18 of the Building Control Act, 1990 (No. 3 of 1990), hereby makes the following Regulations:—

1. These Regulations may be cited as the Building Control (Amendment) Regulations, 2000.

2. These Regulations shall come into operation on 1st day of April, 2000.

3. In these Regulations, “the Principal Regulations” means the Building Control Regulations, 1997 ( S.I. No. 496 of 1997 ).

4. Articles 5(6) and 28(3) of the Principal Regulations are hereby amended by the substitution of the following wording “(within the meaning of the Organisation of Working Time, Act 1997 )” for “(within the meaning of the Holidays (Employees) Act, 1973 ).”

5. The Principal Regulations are hereby amended by the substitution of the following article for article 21—

“21(1) A building control authority shall keep a register and shall enter in the register particulars of—

(a) any valid application for a dispensation or relaxation, including the name and address of the applicant, the date of receipt of the application, and brief details of the works or building forming the subject of the application,

(b) any valid commencement notice given to them under Part II, including the name and address of the owner of the building, the date of receipt of the notice, the person or persons carrying out the works, and brief particulars of the works or building forming the subject of the notice,

(c) any valid application for a fire safety certificate made to them under Part III, including the name and address of the applicant, the date of receipt of the application, and brief particulars of the works or building forming the subject of the application,

(d) their decision in respect of any application referred to in (a) and (c) and the date of their decision,

(e) any determination or direction by the Board in respect of an appeal relating to a decision referred to in (a) and (c) and the date of the determination or direction,

(f) any enforcement notices served by the authority, including the name and address of the person on whom the notice was served, the date of the notice and brief particulars of the contents of the notice, and

(g) the date and effect of any decision by the District Court in respect of the decision.

(2) The register should be kept at the offices of the building control authority and shall be available for inspection during office hours.”

6. The Principal Regulations are hereby amended by the substitution of the following for Article 27 (5)—

“27 (5) An appeal shall be made by—

(a) sending the appeal by prepaid post to the Board, or

(b) leaving the appeal with an employee of the Board at the offices of the Board during office hours.”

7. The Principal Regulations are hereby amended by the substitution of the following for Article 32—

“32. Where the Board is of the opinion that any document, particulars (including revised plans, documents, specifications, etc.) or other information is or are necessary for the purpose of enabling it to determine an appeal, the Board may serve on any party a notice under this section—

(a) requiring that party, within a period specified in the notice (being a period of not less than fourteen days beginning on the date of service of the notice) to submit to the Board, in duplicate, such revised plans or other drawings modifying, or other particulars providing for the modification of, the application to which the appeal relates, and

(b) stating that in default of compliance with the requirements of the notice, the Board will, after the expiration of the period so specified and without further notice to the party, pursuant to article 33 dismiss or otherwise determine the appeal.”

8. The Principal Regulations are hereby amended by the substitution of the following for the Third Schedule—

THIRD SCHEDULE

FORM OF APPLICATION FOR A FIRE SAFETY CERTIFICATE

ARTICLE 13

BUILDING CONTROL ACT, 1990
APPLICATION FOR A FIRE SAFETY CERTIFICATE

To_________________________ (insert name of building control authority)		OFFICIAL USE
Application is hereby made under Part III of the Building Control Regulations, 1997, for a Fire Safety Certificate in respect of the works or building to which the accompanying plans, calculations and specifications apply.		Received on:	_________________
		Ref. No.:	_________________
		Entered in Register on:	________________


1. APPLICANT:
Owner/Leaseholder (delete as appropriate)
FULL NAME	______________________________________________________________
ADDRESS	______________________________________________________________
SIGNATURE	______________________________________________________________
TELEPHONE NO	________________________________________DATE________________
Owner of works or building (if different to above)
	______________________________________________________________
2. Name and address of person/s or firm/s to whom notifications should be forwarded (Owner/Leaseholder or Designer/Developer/Builder)
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
3. Name and address of person/s or firm/s responsible for preparation of accompanying plans, calculations and specifications.
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
4. Address (or other necessary identification) of the proposed works or building to which the application relates.
_______________________________________________________________________________________
_______________________________________________________________________________________
5. Nature of proposed works or building
(a) Classification (please tick as appropriate)
• Construction of new building		□
• Material alteration		□
• Material change of use		□
• Extension to a building		□
(b) Brief description
______________________________________________________________________________
______________________________________________________________________________
6. Use of proposed works or building
(a) Existing use (where a change is proposed)			___________________
(b) New use			___________________
7. In the case
(a) Works involving the construction of a building, or a building the material use of which is being changed—
Site area		__________(sq. metres)
Number of basement storeys		_________
Number of storeys above ground level		________
Height of top floor above ground level		________(metres)
Floor area of building		________(sq. metres)
Total area of ground floor		________(sq. metres)
(b) Works involving an extension or the material alteration of a building—
Floor area of extension		___________(sq. metres)
Floor area of material alteration		___________(sq. metres)
8. Amount of Fee (accompanying this application)			£___________

	GIVEN under the Official Seal of the Minister for the Environment and Local Government this 25th day of January, 2000.
	NOEL DEMPSEY,
	Minister for Environment and Local Government

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations amend the Building Control Regulations, 1997, in relation to the prescribed application form for fire safety certificates, the need to submit appeals to An Bord Pleanala by prepaid post (as distinct from registered post) and the contents of the register maintained by the Building Control Authorities. The Regulations provide that An Bord Pleanala may request revised plans, documents, etc., in order to determine an appeal. The Regulations will come into operation on the 1st April, 2000.