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Local Authority Regulations.

Dáil Éireann Debate, Tuesday - 3 March 2009

Tuesday, 3 March 2009

Ceisteanna (304)

Olwyn Enright

Ceist:

337 Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government if his Department has checked the compliance or non-compliance by local authorities and contractors to Circular Letter BC 9/2008 in relation to the correct specification for manhole covers and frames; if his attention has been drawn to the risks that procurement of non-compliant product causes to jobs in indigenous industries as well as exposing local authorities to possible accident claims and costly retrofitting; the action he will take to ensure compliance; and if he will make a statement on the matter. [8304/09]

Amharc ar fhreagra

Freagraí scríofa

The attention of my Department has been drawn to the issues referred to in the question and a Circular Letter (BC 9/2008) was issued by my Department on 24 December 2008 restating the correct specification for Manhole Covers and Frames. A copy of this circular, and the Recommendations for Site Development Works for Housing Areas referred to therein, is available in the Oireachtas Library. The Department recommended that authorities, when specifying or inspecting works, should ensure that the products concerned which are incorporated into the works comply with the relevant standard.

Where the specification applies to works under the Building Regulations, responsibility for compliance with the requirements is a matter for the owner or builder of a building. Responsibility for enforcement of the Regulations is a matter for the 37 local Building Control Authorities.

Moreover, my Department's Circular Letter PD 1/08 on the Taking in Charge of Residential Developments/Management Arrangements states that planning authorities must adopt appropriate construction standards for residential developments which, as a minimum, should conform to the standards in the Department's Recommendations for Site Development Works for Housing Areas. Planning authorities are asked to attach appropriate conditions to planning permissions to ensure the proper completion of residential developments, including conditions stating that the development must be completed in accordance with specified standards. Before taking an estate in charge, a planning authority will check that the estate is completed in accordance with the planning permission and, if the planning permission is not fully complied with, should take appropriate enforcement against the developer. A copy of circular Letter PD 1/08 is available on my Department's website at www.environ.ie.

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