Agenda item

            The Committee was reminded that, at its meeting on 6th May, 2009, it had agreed a response to the Department of Health, Social Services and Public Safety’s consultation on the draft Fire Safety Regulations (Northern Ireland) 2009.  The Head of Building Control explained that the Regulations sought to simplify the existing fire safety legislation and to reinforce the modern risk-based approach to fire prevention.  He stated that the Council’s response to the consultation document had emphasised that self-regulation, which was essentially being introduced, would not deliver the required fire safety compliance and could lead to increased problems in non-domestic buildings.

            He informed the Committee that, in order to introduce these Regulations, the Department of Health, Social Services and Public Safety would be required to enact Part 3 of the Fire and Rescue Services (Northern Ireland) Order 2006, which related to the enforcement of fire safety matters and which effectively removed Councils’ powers to enforce the terms and conditions governing fire safety under Amusement Permit, Cinema and Entertainments Licensing legislation.  In future, fire safety would be regulated through the undertaking of fire risk assessments which would be audited and inspected by the Northern Ireland Fire and Rescue Service.  This would affect the ability of Licensing officers to ensure the safety of persons on licensed premises and, thereby, undermine the Council’s statutory duty.

            The Head of Building Control reported that Licensing officers had, through the Institute of Licensing, the Northern Ireland Licensing Forum and Building Control (Northern Ireland), been in discussions with the Department of Health, Social Services and Public Safety and the Northern Ireland Fire and Rescue Service regarding the aforementioned changes.  As a result, the enactment of Part 3 of the Fire and Rescue Services (Northern Ireland) Order 2006 had been delayed by the Northern Ireland Assembly’s Health Committee until the issue had been resolved.

            He explained that, following these discussions, the Board of the Northern Ireland Fire and Rescue Service had written to the Northern Ireland Local Government Association regarding the devolving of powers to Councils under Article 33 (5) of the Fire and Rescue Services (Northern Ireland) Order 2006 in respect of licensed premises.  Accordingly, Councils’ Licensing officers would, under the provisions of the Order, be authorised to enforce fire safety matters in licensed premises which would, in effect, permit them to continue to discharge the full range of duties which they undertook currently, such as ensuring that establishments were not overcrowded and that escape routes were available in the event of an emergency.  In response, the Northern Ireland Local Government Association Executive had agreed, in principle, that the Association would support the proposal.  However, it was noted that further work would be required to ensure that an agreed protocol or Memorandum of Understanding was drafted in order to facilitate effective working with the Board of the Northern Ireland Fire and Rescue Service.  The Northern Ireland Local Government Association had written also to the Chief Executives of all Councils advising them of the proposal.

            He informed the Members that the proposal would involve the devolution of powers to staff within the Building Control Service and recommended that the Committee agree, in principle, to support the proposal, subject to further work being undertaken to ensure an agreed protocol or Memorandum of Understanding with the Board of the Northern Ireland Fire and Rescue Service.

            The Committee adopted the recommendation and noted that a report would be submitted to a future meeting outlining the implications associated with undertaking this work.