Fire Services Act
The current structure of the service in Ireland is based upon the legislation of the Fire Services Act of 1981 & 2003.
Fire Services Act 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.
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
(c) ensure that the fire safety measures and procedures referred to in paragraph (b) are applied at all times
(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
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