S.I. No. 95/1990 - Local Government (Multi-Storey Buildings) (Amendment) Regulations, 1990.

S.I. No. 95 of 1990.

LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) (AMENDMENT) REGULATIONS, 1990.

The Minister for the Environment in exercise of the powers vested in him by section 11 (1) of the Local Government (Multi-Storey Buildings) Act, 1988 (No. 17 of 1988) and article 2 of the Local Government (Multi-Storey Buildings) Act, 1988 (Determination of Ministerial Functions) Order, 1988 ( S.I. No. 244 of 1988 ) hereby makes the following Regulations.

1. (1) These Regulations may be cited as the Local Government (Multi-Storey Buildings) (Amendment) Regulations, 1990.

(2) These Regulations and the Local Government (Multi-Storey Buildings) Regulations, 1988 may be cited together as the Local Government (Multi-Storey Buildings) Regulations, 1988 and 1990.

2. The Local Government (Multi-Storey Buildings) Regulations, 1988 ( S.I. No. 286 of 1988 ) is hereby amended as follows:

( a ) by the insertion in article 3 (3) (b) of the words "or by the 1st day of November, 1990 whichever shall later occur" after the word "notice" where it secondly occurs,

( b ) by the substitution in article 5 of the words "by the 1st day of November, 1990" for the words "within 6 months of the commencement of the Act",

( c ) by the substitution for forms 3, 4, 5, 6 and 7 of the forms respectively numbered 3, 4, 5, 6 and 7 as set out in the Schedule to these Regulations.

SCHEDULE

FORM NO. 3

CERTIFICATE UNDER SECTION 3 (1) OF THE LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) ACT, 1988 .

No. _____________________________

1. Name of Local Authority in whose functional area the building is situate:

_________________________________________________________________________________

2. Year of completion of building

___________________________________

3. No. of Storeys

___________________________________

4. Name of owner(s):

5. Address of owner(s):

6. I CERTIFY THAT based on the attached report of——pages the building located at

is not in my opinion a specified building within the meaning of the above Act, provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence. No reliance should be placed on this certificate without reference to the said report.

I FURTHER CERTIFY THAT I am a competent person, within the meaning of section 1 (1) of the Act, for the purposes of signing this certificate.

Name of competent person
(BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page of the report must be numbered and should be signed by the competent person.

FORM NO. 4

(Section 3 (2) (a))

CERTIFICATE UNDER SECTION 3 (1) OF THE LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) ACT, 1988

	Register Reference No:

1. Name of Local Authority in whose functional area the building is situate

2. Year of completion of building	3. No. of Storeys

4. Name of owner(s)
5. Address of owner(s)

6. I CERTIFY THAT based on the attached report of——pages the building located at

is in my opinion a specified building within the meaning of the above Act, and subject to the procedures and tolerances of normal building practice the building is, in my opinion, constructed in accordance with the appropriate codes of practice and standards (including where applicable, the codes of practice and standards specified in the First Schedule to the Act), provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence. No reliance should be placed on this certificate without reference to the said report.

I FURTHER CERTIFY THAT I am a competent person within the meaning of Section 1 (1) of the Act, for the purposes of signing this certificate.

Name of competent person
BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent person

Note: Every page of the report must be numbered and should be signed by the competent person.

FORM NO. 5 (Section 3 (2) (b))

CERTIFICATE UNDER SECTION 3 (1) OF THE LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) ACT, 1988

1. Name of Local Authority in whose functional area the building is situate_________________________________________________________________________________________

2. Year of completion of

building ______________________________________

3. No. of

Storeys ______________________________________

4. Name of owner(s)
5. Address of owner(s)

6. I CERTIFY THAT based on the attached report of——pages the building located at

is in my opinion a specified building within the meaning of the above Act, and the occupiers of, and persons who have recourse to, or are in the vicinity of, the building in my opinion will not be exposed to risks related to the robustness of the building which would be unduly in excess of those normally present in a building constructed, subject to the procedures and tolerances of normal building practice, in accordance with the appropriate codes of practice and standards (including, where applicable, the codes and standards specified in the First Schedule to the Act), provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence.

No reliance should be placed on this certificate without reference to the said report.

I FURTHER CERTIFY THAT I am a competent person within the meaning of Section 1 (1) of the Act, for the purposes of signing this certificate.

Name of competent person
(BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page of the report must be numbered and should be signed by the competent person.

FORM NO. 6 (Page 1 of 4)

(Section 3 (2) (c))

CERTIFICATE UNDER SECTION 3 (1) OF THE LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) ACT, 1988

No: _________________________________________

1. Name of Local Authority in whose functional area the building is situate:

2. Year of completion of building		3. No. of Storeys

4. Name of owner(s)
5. Address of owner(s)

6. (a) (i) I CERTIFY THAT based on the attached report of——pages it is my opinion that the building located at

is a specified building within the meaning of the above Act, and all reasonable actions, if any, to the structure of the building as set out in paragraph 6 (a) (ii) below have been taken to minimise as far as is practiceable the effects of accidental damage to the building, provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence.

No reliance should be placed on this certificate without reference to the said report.

(ii) Actions which have been taken:—

FORM NO. 6 (Page 2 of 4)

I FURTHER CERTIFY THAT I am a competent person, within the meaning of Section 1 (1) of the Act, for the purposes of signing this certificate.

Name of competent person
(BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page of the report must be numbered and should be signed by the competent person.

FORM NO. 6 (page 3 of 4)

6. (b) (i) I CERTIFY THAT based on the attached report of —— pages, in relation to the installation of gas in the building located at

(Delete either (a) or (b) below as appropriate)

(a) in my opinion a certificate is not required, or

(b) in my opinion all reasonable actions as set out in paragraph 6 (b) (ii) below (including, where appropriate, the actions specified in the Third Schedule to the Act) have been taken to minimise as far as is practicable the risk of accidental damage to the building from such installation, provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence.

No reliance should be placed on this certificate without reference to the said report.

(ii) Actions which have been taken:

I FURTHER CERTIFY THAT I am a competent person, within the meaning of Section 1 (1) of the Act, for the purposes of signing this certificate.

Name of competent person (BLOCK LETTERS)
Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page of the report must be numbered and should be signed by the competent person.

FORM NO. 6 (Page 4 of 4)

6. (c) (i) I CERTIFY THAT based on the attached report of —— pages, in relation to the distribution of gas in the vicinity of, and the provision of gas services into (*), the building located at

(Delete either (a) or (b) below as appropriate)

(a) in my opinion a certificate is not required, or

(b) in my opinion all reasonable actions as set out in paragraph 6 (c) (ii) below (including, where appropriate, the actions specified in the Third Schedule to the Act) have been taken to minimise as far as is practicable the risk of accidental damage to the building from such distribution and services (*), provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence.

No reliance should be placed on this certificate without reference to the said report.

*(Delete reference to services if not applicable in the case of the particular building).

(ii) Actions which have been taken:

I FURTHER CERTIFY THAT I am a competent person, within the meaning of section 1(1) of the Act, for the purposes of signing this certificate.

Name of competent person
(BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page on the report must be numbered and should be signed by the competent person.

FORM NO. 7 (Page 1 of 4)

CERTIFICATE UNDER SECTION 5 of THE LOCAL GOVERNMENT (MULTI-STOREY BUILDINGS) ACT, 1988

1. Name of Local Authority in whose functional area the building is situate

2. Year of completion of building_________________

3. No. of Storeys_____________________________

4. Name of owner(s)
5. Address of owner(s)

6. Date(s) of original certificate under section 3 (2) (c)
Form No. 6 — paragraph 6 (a)
Form No. 6 — paragraph 6 (b)
Form No. 6 — paragraph 6 (c)

7. (a) The actions to the structure listed at paragraph 6 (a) (ii) in the original certificate which I am informed by the owner have now been undone are:

8. (a) (i) I CERTIFY THAT based on the attached report of——pages in respect of the building located at

(Delete either (a) or (b) below as appropriate)

(a) in my opinion a certificate is not required, or

(b) in my opinion, all reasonable actions to the structure of the building as set out in paragraph 8 (a) (ii) below have been taken to minimise as far as is practicable the effects on the robustness of the building by reason of the undoing of the actions as set out in paragraph 7 (a) above and as set out in the attached report, provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence.

No reliance should be placed on this certificate without reference to the said report.

FORM NO. 7 (Page 2 of 4)

(ii) Actions which have been taken:

I FURTHER CERTIFY THAT I am a competent person, within the meaning of section 1 (1) of the Act, for the purposes of signing this certificate.

Name of competent person
(BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page of the report must be numbered and should be signed by the competent person.

FORM NO. 7 (Page 3 of 4)

7. (b) The actions in relation to the installation of gas in the building listed at paragraph 6 (b) (ii) in the original certificate which I am informed by the owner have now been undone are:

8. (b) (i) I CERTIFY THAT based on the attached report of——pages, in relation to the installation of gas in the building located at:

(Delete either (a) or (b) below as appropriate)

(a) in my opinion a certificate is not required, or

(b) in my opinion all reasonable actions as set out in paragraph 8 (b) (ii) below have been taken to minimise as far as is practicable the risk of accidental damage to the building from such installation by reason of the undoing of the actions as set out in paragraph 7 (b) above and as set out in the attached report, provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence.

No reliance should be placed on this certificate without reference to the said report.

(ii) Actions which have been taken:

I FURTHER CERTIFY THAT I am a competent person, within the meaning of section 1 (1) of the Act, for the purpose of signing this certificate.

Name of competent person
(BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page of the report must be numbered and should be signed by the competent person.

FORM NO. 7 (Page 4 of 4)

7. (c) The actions in relation to the distribution of gas in the vicinity of, and the provision of gas services into (*), the building listed at paragraph 6 (c) (ii) in the original certificate which I am informed by the owner have now been undone are:

8. (c) (j) I CERTIFY THAT based on the attached report of——pages, in relation to the distribution of gas in the vicinity of, and the provision of gas services into (*), the building located at:

(Delete either (a) or (b) below as appropriate)

(a) in my opinion a certificate is not required, or

(b) in my opinion all reasonable actions as set out in paragraph 8 (c) (ii) below been taken to minimise as far as is practicable the risk of accidental damage to the building from such distribution and services(*) by reason of the undoing of the actions as set out in paragraph 7 (c) above and as set out in the attached report, provided always that the undersigned shall not be liable on foot of this certificate beyond failure to exercise reasonable skill, care and diligence.

No reliance should be placed on this certificate without reference to the said report.

*(Delete reference to services if not applicable in the case of the particular building).

(ii) Actions which have been taken:

I FURTHER CERTIFY THAT I am a competent person, within the meaning of Section 1 (1) of the Act, for the purposes of signing this certificate.

Name of competent person
(BLOCK LETTERS)

Qualifications of competent person
Address of competent person

Date

Signature of Competent Person

Note: Every page of the report must be numbered and should be signed by the competent person.

GIVEN under the Official Seal of the Minister for the Environment this 12th day of April, 1990.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations amend the Local Government (Multi-Storey Buildings) Regulations, 1988 and prescribe new forms of certificates of appraisal of multi-storey buildings and the time within which they must be submitted by their owners.