Fire Safety Regulations

Wednesday, 23 October 2013

Questions (12)

Clare Daly

Question:

12. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 100 of 23 October 2012 in which he noted that the local building control authorities are empowered to bring summary prosecutions for building code offences in the District Court and have wide powers to make application to the High Court to secure orders where buildings do not comply with the requirements of the building regulations and that local authorities have further strong enforcement powers available under the Fire Services Act 1981 while acting in their capacity as fire authorities, the uses of the above powers to enforce fire safety compliance in the 12 months since he gave this information to Dáil Éireann following the Priory Hall saga and in view of the unknown widespread non-compliance with fire safety regulations leaving whole apartment blocks as fire hazards noted at Foxford Court, Lucan, Thornfield Square, Clondalkin and Belmayne among others. [44769/13]

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Oral answers (13 contributions)

Deputy Phil Hogan

As indicated in the reply to Question No. 100 of 23 October 2012, local authorities have extensive powers under the Building Control Acts which they can use to enforce compliance with the building regulations. However, there is a time limit of five years after a building has been completed during which an enforcement notice may be served by a local building control authority.

The case at Priory Hall demonstrates Dublin City Council’s effective use of its powers to enforce compliance with fire regulations. Other local authorities have also used the courts to effect compliance with planning permissions, building regulations and fire regulations, all of which are critically relevant to the safety of building occupiers and the quality of the built environment. Results can also be achieved, and often are, through discussion and persuasion with the threat of legal action.

Comprehensive statistical returns on enforcement activity under the Building Control Act and the Fire Safety Act are not yet available for the period in question - I will submit them to the Deputy when I get them - and will be published in line with normal arrangements in due course. The Department continues to liaise with local authorities in regard to significant building control issues that have arisen in a number of multi-unit developments across the country, including those instances that have been raised by the Deputy. I expect local authorities to continue to use all of the powers currently available to them to address serious building defects.

Deputy Clare Daly

This is an incredibly serious issue which obviously entered the public domain through the fire safety concerns in Priory Hall but it is most definitely not confined to Priory Hall. I am not sure from the Minister's response if he is saying that all the other developments cited in the question are outside the time limit period and therefore the best that the local authorities can hope for is to nicely ask the developers to comply. The reality, for example, particularly in case of Foxford Court in Lucan is that a similar developer has built in Balbriggan. I know from a resident who submitted a freedom of information request that the local authority has not rigorously pursued the developer to ensure fire safety compliance and has adopted a softly softly approach which is not good enough when lives are potentially at risk. Will the Minister confirm to the House what the particular breach of regulations of the fire safety legislation in terms of Priory Hall was and can he give us an assurance that the same breach of the regulations has not occurred in respect of other developments cited or any other developments?

Deputy Phil Hogan

As the Deputy will note, we have made substantial progress in respect of Priory Hall in resolving these issues.

I can give the Deputy more substantive information afterwards if I do not get time to give an exhaustive reply but in regard to Belmayne, I understand that remediation work on 225 units has now been completed while seven units remain to be remediated.

In regard to Foxford Court, the site was visited in April this year and evaluated by a fire safety officer from Dublin City Council who confirmed he did not require evacuation of any dwellings subject to early advancement of the remediation works. The developers prepared and issued a detailed remedial works tender based on fire safety strategies prepared by Pro-Fire consultants and agreed with the Dublin City fire safety officer. The tender issued to four companies that have worked successfully with South Dublin County Council in refurbishing work when the tenants remain in their homes during remedial works, and a contractor has now been selected.

In regard to Thornfield Square, Clondalkin, south Dublin, the position is that a fire in a communal corridor which may have been malicious has been dealt with and is understood to be under investigation by the appropriate authorities.

An Ceann Comhairle

Thank you.

Deputy Phil Hogan

No loss of life has occurred but undoubtedly it has been a traumatic time for the people involved. A report in the matter is being sought and I will let the Deputy know in due course when I get it.

An Ceann Comhairle

I will let you back in, Minister.

Deputy Phil Hogan

I can give the Deputy more information on it.

Deputy Clare Daly

While I would very much appreciate that full report I will give the Minister a list twice as long the next time to get that information. I am grateful to receive that but to revert to the question I asked the Minister at the end of my contribution, what was the particular breach of the fire safety regulations in regard to Priory Hall, and can the Minister give us an assurance that that breach does not exist in any of the other developments?

Deputy Phil Hogan

I have changed the Building Control Regulations, as the Deputy is aware. It is the first time in many years that all of this has been revamped to make sure that the residents, the people in the apartment block or in the house, are on a risk-based approach being able to ensure that we have good, sound, heavy-handed regulation this time rather than light-touch regulation. The building control authorities will be inspecting on a regular basis, during the course of the mandatory process we are now putting in place under this new building control regime, to ensure that the customer is protected in terms of their investment and in regard to redress.