The Fire Services Act

The Fire Services Act provides for the establishment of fire authorities and the organisation of fire services as well as for fire safety, firefighting, the protection and rescue of persons and property and related matters.

The Fire Services Act also sets out the obligations of building owners with regard to Fire Safety (Section 18) and describes the potential fire safety defects that could lead to a building being categorised as a “potentially dangerous building” (Section 19).

Section 18

The Fire Services Act 1981 & 2003 require owners/occupiers of premises, to ensure that their premises achieve and maintain an adequate standard of fire safety in order to safeguard occupants.

The person having control is legally required to provide a property / premises that is safe and all necessary reasonable fire safety measures and procedures are in place. This may mean oversight and implementation of the fire safety features, measures and procedures within the premises, and carrying out remedial works and maintenance as and when necessary. There are different duties which apply to two different sets of persons –

1. Owners, occupiers, etc.
2. Visitors to premises, customers, contractors, residents etc.

Section 18(2) sets out duties which are which are placed on the person(s) having control of premises:

Section 18(2)

1. It shall be the duty of every person having control over premises to which this section applies to –
   1. Take all reasonable measures to guard against the outbreak of fire on such premises,
   2. 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,
   3. Ensure that the fire safety measures and procedures referred to in paragraph (b) are applied at all times, and
   4. 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.

On the Irish Statute Book website, you can find the following relevant Legislation:

• The Fire Services Act 1981
• Amendment of Fire Services Act 1981 (Part 3 of the Licensing of Indoor Events Act 2003)
• S.I. No. 496/1997 – Building Control Regulations, 1997