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Building Regulations

Dáil Éireann Debate, Thursday - 8 March 2012

Thursday, 8 March 2012

Ceisteanna (50, 51)

Joe Higgins

Ceist:

46 Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government if he will confirm that following a meeting with DNCC chief fire officer in April 2011, that the Dublin City Council fire prevention officer inspected an apartment in the Belmayne development, Dublin, and three other apartments, in which the construction was opened up because of concerns regarding failure to comply with building regulations regarding sound transmission and fire safety; that the fire prevention officer reported at this time Dublin Fire Brigade did not recommend any further action in relation to the Belmayne development; that the DNCC chief officer notified the owner of one of the apartments that there are no issues in Belmayne due to the fire prevention officer’s report; that an insurance company confirmed then that it would not insure the properties in their current state; that the developer asserted based on the DNCC report that the buildings complied with building regulations and refused apartment owners’ requests for remedial works to make them safe; that opening up inspections in another apartment in the same development in January 2012 revealed the same and additional non-compliance with fire safety building regulations and that a second insurance company withdrew cover; and his views that the DNCC fire officer misinformed the Minister with responsibility for housing in relation to the extent of non-compliance with fire safety regulations in the Belmayne development and in relation to the developer’s performance. [13233/12]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

58 Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the actions being taken by Dublin City Council and the Dublin fire chief to immediately address and resolve the alleged fire safety breaches that have come to light in homes in the Belmayne estate in the north fringe in Dublin 13 and to ensure the safety of householders in the Belmayne area; if he will report on when the city manager and fire chief were first informed of this issue; and if he will make a statement on the matter. [12929/12]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 46 and 58 together.

On 6 July 2011 a report was prepared for the Chief Fire Officer of the Dublin region outlining the position in relation to fire safety inspections carried out between April and July 2011 on a number of units in the Belmayne development. These inspections were carried out in the presence of the owners and their technical advisers and were in the main visual inspections although in a number of units some construction had been opened up. At a number of locations the construction had been opened to address acoustic problems whereas the objective of the inspections was to establish the extent of compliance with the relevant fire safety certificates.

The report indicates that, having regard to the visual inspections, the means of escape layout and fire protection facilities (in terms of mains-powered fire detection and alarm systems) were in compliance with the relevant fire safety certificate as issued by the Building Control authority. While the inspection was limited in terms of the actual construction that could be accessed, the officer reported that the exposed construction was in compliance with the Irish Agrément Board Certificate issued in respect of the proprietary timber-frame construction system in use. The report also indicates that the fire authority followed up with the developer, the designers and the specific timber-frame construction company and that they received documentation showing a continuous audit trail during the construction phase of the Belmayne site. The report concludes with a statement indicating that the fire authority did not at that time recommend any further action in relation to the Belmayne development. The report of the fire authority was communicated in a clear and open manner to the residents of the units concerned.

However, on 19 January 2012 it is understood that Dublin City Council, through Dublin Fire Brigade, was notified by the developer of a construction defect in some properties at the Belmayne Housing Complex. The developer, acting responsibly, in consultation with his Fire Engineer consulted the local authority and undertook to carry out remedial works to all affected properties. The Fire Officer carried out an inspection and determined that the defects now identified raised additional and more serious concerns than had been uncovered by any previous inspection and that remedial action was necessary and timely. Having regard to a number of alternative fire safety controls within the complex which are all functioning and subject to a regular maintenance programme the Fire Officer was satisfied that evacuation was not called for.

Dublin City Council and the Fire Consultants for the developer have agreed on the necessary remedial works — this will involve inserting fire-proof board to seal a 75mm gap in the voids above ceilings and the removal of service ducts to be rebuilt with full fire-proof construction. Further inspections were carried out on a number of vacant units after which the Fire Officer was satisfied that the remedial works proposed will remedy the defect. A project manager has been assigned to oversee the works with the assistance of two Superintendent Inspectors (Clerks of Works). Works on all the affected apartments are expected to be completed within three months.

The responsible parties in this case are facing up to their obligations in carrying out remediation works and bearing that cost together with the costs of relocating residents. This is clearly not a similar situation to Priory Hall. I am satisfied that the question of Dublin City Council including Dublin Fire Brigade having misinformed the Department in relation to this matter does not arise. My Department will continue to liaise closely with Dublin City Council in relation to the evolving situation at Belmayne.

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