Dáil Éireann Debate, Wednesday - 11 June 2014
107. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the reason his Department has not introduced new regulations on the quarries producers, the industry who caused the previous pyrite problem and now the same industry which are, in some cases, still supplying contaminated products three years later in the form of contaminated blocks; and if he will make a statement on the matter. [24913/14]
View answerThe report of the independent Pyrite Panel (2012) recommended inter alia, that in light of the knowledge and experience gained since 2007 when the problem of pyrite was first brought to the attention of my Department, a more detailed and specific testing, certification and traceability regime should be put in place for hardcore material to be used in dwellings and buildings. Following receipt of the report and in light of the recommendations in the report, I asked the National Standards Authority of Ireland (NSAI) to undertake a review of Standard Recommendation (S.R.) 21:2004+A12 007 which provides specific guidance on reducing the risk of reactive forms of pyrite being present in hardcore material for use under concrete floors in dwellings and buildings. The review of S.R.21 was completed late last year and a revised standard, S.R.21:2014, was published in March 2014 following a public consultation process.
Annex E of SR 21:2014 has been revised in line with the recommendations of the Report of the Pyrite Panel and gives recommendations for specifying material properties and recommendations for procedures for production of unbound granular fill (commonly known as hardcore) for use under concrete floors and footpaths. More explicit guidance is given on the geological and petrographic assessment to limit the risk of swelling due to the potential presence of a reactive form of pyrite. The minimum test frequencies under Factory Production Control (FPC) for some properties are increased in order to improve confidence within the supply chain. The system of attestation and verification of constancy of performance has changed from system 4 to system 2+ for this particular end use aggregate. This crucially creates the requirement of third party oversight by a notified body who, once satisfied, issue a certificate of conformity of the factory production control on the basis of initial inspection of the quarry and of the FPC as well as continuous surveillance, assessment and evaluation of FPC.
In addition, a Code of Practice for the procurement and use of unbound granular fill (hardcore) for use under concrete floors and footpaths is currently being prepared, again under the aegis of the NSAI.
The Code will provide best practice guidance on post manufacturing operations such as procurement, haulage, delivery and receipt, storage and handling, placing, record management with the aim of improving the chain of custody within the supply chain and ensuring the traceability of hardcore suitable for this particular end use. It is hoped that the Code of Practice will be published shortly.
The new specification for hardcore to be used under concrete floors in the construction of houses and other buildings, which includes a requirement for independent oversight, and the traceability provisions in the proposed Code of Practice will improve the specification, manufacture and traceability of hardcore from the quarry to use on building sites thus ensuring that there is full oversight of all stages in the supply chain.
In a broader sense, Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (known as the Construction Products Regulation or the “CPR”) requires manufacturers to provide robust and reliable information in a consistent way for construction products which are covered by a harmonised standard or a European Technical Assessment. From 1 July 2013, manufacturers of construction products which are covered by harmonised European product standards are required, when placing a product on the market, to make a Declaration of Performance for the product, and to affix the CE mark. There are harmonised European standards which cover a range of quarry products e.g. aggregates, concrete blocks, precast concrete products.
Under the European Union (Construction Products) Regulations 2013 building control authorities have been designated as the principal market surveillance authorities for construction products that fall within the remit of the Construction Products Regulation. Under these Regulations, market surveillance authorities have significant powers to deal with situations where constructions products are placed on the market which do not comply with the requirements set out in the Construction Products Regulation. They can issue notices requiring corrective actions to be taken by an economic operator within a specified period of time, obtain warrants to enter and search premises and, in the event of a serious risk being identified, to request the Minister to prohibit or restrict a construction product from being made available on the market, to withdraw it from the market or to recall it, or to make its use subject to special conditions as deemed appropriate.
A person guilty of an offence under the Regulations is liable:
- on summary conviction to a Class A fine (€5,000), or imprisonment for a term not exceeding 3 months or both, or
- on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a terms not exceeding 12 months or both.
