Application to Install a Lift with Restricted Headroom or Refuge Space

Point 2.2 in Annex 1 of the Directive 2014/33/EU and Regulation 7 of European Union (Lifts and Safety Components) Regulations 2017 (SI No 232 of 2017) relates facilitating the installation of lifts without the “normal” headroom or refuge space requirements in certain buildings due to issues including design requirements or historical significance. In such circumstances it is necessary for the installer to receive the prior approval of the Minister before commencing installation.

Point 2.2 of Annex I to the Directive 2014/33/EU states:-

"The lift must be designed and constructed to prevent the risk of crushing when the car is in one of its extreme positions.

The objective will be achieved by means of free space or refuge beyond the extreme positions.

However, in specific cases, in affording Member States the possibility of giving prior approval, particularly in existing buildings, where this solution is impossible to fulfil, other appropriate means may be provided to avoid this risk."

and

Regulation 7 of European Union (Lifts and Safety Components) Regulations 2017 (S.I. No. 232 of 2017) states:

Buildings or constructions in which lifts are installed and prior approval for installation of reduced headroom lifts

  1. (1) A person responsible for work on a building or construction and the installer shall provide each other with the necessary information and take the appropriate steps in order to ensure the proper operation and safe use of a lift.

(2) A person shall not install or cause to be installed piping, wiring or fittings in a lift shaft other than the piping, wiring or fittings necessary for the operation and safety of the lift.

(3) Notwithstanding point 2.2 of Annex I to the Directive, the text of which is set out in Schedule 1 to these Regulations, and in light of the third sentence thereto, where it is impossible to have a refuge or free space beyond the extreme positions of a lift, a person may commence the installation of the lift with reduced headroom after he or she has sought, and been granted, written prior approval from the Minister.

The Department of Business, Enterprise and Innovation along with representatives of stakeholder groups* have produced a Guidance on application and on applying to Department of Business, Enterprise and Innovation for derogation under Annex I, Essential Health and Safety Requirements Point 2.2, Directive 2014/33/EU on the on the harmonisation of the laws of the Member States relating to lifts and safety components for Lifts.

Minister of State for Trade, Employment, Business, EU Digital Single Market and Data Protection, Mr Pat Breen TD, expressed his thanks and gratitude to the stakeholder organisations and their representatives for the work and dedication they showed in assisting the Department officials in finalising the text of the guidance document. 

*Stakeholder Organisations

Office of Public Works (OPW); Health and Safety Authority (HSA); Department of Culture, Heritage and the Gaeltacht; Royal Institute of Architects in Ireland (RIAI); Engineers Ireland; Association of Chartered Engineers in Ireland (ACEI) and Irish Lift and Escalator Association (ILEA).

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Topics: Workplace Health and Safety