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Disability Access Certificates Information

The Building Control (Amendment) Regulations 2009 came into effect on lst October 2009 except for the provisions of Article 8 (Disability Access Certificates/Revised Disability Access Certificates) which came into effect on lst January, 2010.
The Building Control (Amendment) Regulations 2009 amend the Building Control Regulations 1997 and prescribe the administrative procedures in respect of the new certification measures provided under Section 5 of the Building Control Act 2007.
The new regulations provide for a

• Disability Access Certificates
• Revised Disability Access Certificates 

Disability Access Certificate
Article 20D sets out the requirement for a Disability Access Certificate which will certify compliance at design stage of certain works with the requirement of Part M of the Second Schedule to the Building Regulations 1997 to 2008. With the exception of houses and some agricultural buildings a Disability Access Certificate is required prior to commencement of work. An application for a Disability Access Certificate must be submitted in accordance with the requirement of Article 20D(3) of the Regulations and must be accompanied by     

1. Such drawings (including a site or layout plan) (in duplicate), suitably marked, noted, highlighted (e.g. coloured, toned or other) and such other particulars (e.g. a report) as are necessary,
2. (a) to identify and describe the works or building to which the application relates, and
   (b) to demonstrate how the Building or works comply with the Requirements of Part M 2000, in particular in relation to the following, where applicable - approach to a building, access to a building, circulation within a building, use of facilities within a building, bedrooms in hotels and other guest accommodations, sanitary conveniences, audience or spectator facilities, apartments in a building. Sufficient information should be provided to enable the building control authority to assess whether the works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M 2000. 
   (c) to identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned.
3. The fee which at present is €800 per building.

The Plans and Specifications submitted should include details on:

• Approaches to building including signage, parking spaces, footpaths, surface types and any obstructions.
• Sloped and stepped approaches to building including gradients, kerbs, handrails, step sizes, tactile warnings visual contrast on steps, landing sizes,
• Access to Building including door types, door widths, door ironmongery, glazing details, door self closing devices and entrance lobbies.
• Circulation within a building including internal door sizes and ironmongery, door glazing details, corridor sizes, internal lobbies and passenger lifts.
• Use of facilities in a Building including circulation within a building, ironmongery, taps, light switches power points and communication facilities.
• Hotel and Other Guest Rooms including sizes, layout and facilities for independent use by a wheelchair user.
• Sanitary Conveniences including locations within building, sizes, grab rails, floor surfaces, alarms and WC cubicles.
• Audience or Spectator Facilities including access, WC facilities, wheelchair spaces and loop or infra-red systems.

CONSOLIDATED BUILDING CONTROL REGULATIONS
1997, 200, 2009
PART V
FEES
"22.(1) Subject to sub-article (2), a fee shall not be payable to a building control authority under these Regulations where the authority is of the opinion that the works or the building which are or is the subject of the commencement notice, 7 day notice, application for a fire safety certificate, revised fire safety certificate, regularisation certificate, disability access certificate, revised disability access certificate or application for a dispensation or relaxation, as the case may be, are being carried out, or, in the case of a material change of use, is being made, by or on behalf of a voluntary organization or a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992). 
(2)Subsection (1) applies where a building control authority is of the opinion that—
(a)    in the case of a voluntary organisation, the building concerned is—
(i)     intended to be used for social, recreational, educational or religious purposes by inhabitants of a locality generally or by people of a particular group or religious denomination and is not to be used mainly for profit or gain,
(ii)    intended to be used as a hostel, work-shop or other accommodation for disabled, poor or homeless persons and is not to be used mainly for profit or gain, or
(iii) is ancillary to (i) or (ii),
(b)    in the case of a body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 (No. 18 of 1992), the building control authority is of the opinion that the building concerned is—
(i)     designed or intended to be used for the accommodation of poor or homeless persons or persons who would otherwise be likely to require housing accommodation provided by a housing authority, and is not to be used mainly for profit or gain, or
(ii)    is ancillary to (i). 
(3)    A fee shall not be payable to a building control authority under these Regulations where the works or the building which are or is the subject of an application for a disability access certificate or a revised disability access certificate are being carried out, or, in the case of a material change of use, is being made, by or on behalf of aprimary school, where the maximum number of mainstream teachers employed is or will be 4 or less."

• Disability Access Certificate Application Form

Revised Disability Access Certificate
Article 20E provides for a Revised Disability Access Certificate in respect of works where significant revision is made to the design or works of a building for which a Disability Access Certificate has already been granted. An application for a Revised Disability Access Certificate in the form specified by the regulations and must be accompanied by     

1. Such drawings (including a site or layout plan )(in duplicate), suitably marked, noted, highlighted (e.g. coloured, toned or other) and such other particulars (e.g. a report) as are necessary,
2. (a) to identify and describe the works or building to which the application relates, and
   (b) to demonstrate how the Building or works comply with the Requirements of Part M 2000, in particular in relation to the following, where applicable - approach to a building, access to a building, circulation within a building, use of facilities within a building, bedrooms in hotels and other guest accommodations, sanitary conveniences, audience or spectator facilities, apartments in a building. Sufficient information should be provided to enable the building control authority to assess whether the works or building would, if constructed in accordance with the said plans and other particulars, comply with the requirements of Part M 2000.
   (c) to identify the nature and extent of the proposed use and, where appropriate, of the existing use of the building concerned.
3. The fee which at present is €800 per building.

The regulations provide an exemption from payment of fees as per Part V, Section 22 above.

• Revised Disability Access Certificate Application Form

Applicable Legislation
Building Control Act 1990 (No 3 of 1990)
Building Control Act 2007 (No 21 of 2007)
Building Control (Amendment) Regulations 2009 (S.I. No 351 of 2009)
These may be accessed on the www.irishstatutebook.ie website.