Mr. Eamon O'Boyle:

I thank the committee for inviting me to contribute in respect of its review of building regulations, building controls and consumer protection. In particular I have been asked to address the issues around fire safety within buildings and how they are detected, problems with past buildings and the procedures currently in place. I hope I can assist the committee in its important work.

I am a chartered engineer. I specialise in fire safety engineering. I am managing director of a consulting engineering practice, Eamon O'Boyle and Associates, established in 2002. Prior to establishing Eamon O'Boyle and Associates, I was the assistant chief fire officer in Dublin Fire Brigade and had responsibility for the administration and implementation of regulatory fire safety throughout the greater Dublin area. I propose to address the issues I have been asked to address as follows: to discuss issues around fire safety; to discuss how deficiencies have been detected; to outline problems with past buildings; and to outline procedures now in place.

I will address issues around fire safety first. Buildings are designed with in-built fire safety measures based on robust construction and properly designed services, for example, electrical services. The fire design for buildings, other than houses, is approved by a building control authority by way of a fire safety certificate. The major issue that has arisen is the failure to implement aspects of the design. In buildings where there are interdependencies, for example, apartments, hospitals or office buildings, a fire in one area can affect another area not directly involved in the fire.

I have provided the committee with some photographs and sketches. I will refer to these now. They illustrate the typical deficiencies observed. A key feature in these sketches is poor fire stopping. By fire stopping, I mean the methods used to seal around openings in fire walls for the passage of pipes, wires or ducts. Fire stopping also refers to the closing off of cavities to prevent the spread or smoke from one part of a building to another. Image 1 on the screen is a photograph of pipes that go through a wall. The photograph shows how easy it would be for fire or smoke to go from one part of a building to another. The second photograph shows how this can happen as well. Work has not been completed properly in the building in that photograph. The third sketch shows the mechanism by which smoke can move from one part of a building to another. The image on display shows an apartment at a lower level where there is a fire and how the fire can spread to an independent apartment located overhead. It illustrates how the ingress of smoke occurs if fire stopping is not executed properly between the floors and around windows.

It is evident from these images that fire stopping is critical to fire safety within a building. Another aspect of fire safety that needs to be addressed relates to active fire safety systems. These are features designed to operate in the event of a fire or power failure. Examples include fire detection and alarm systems, emergency lighting and sprinklers.

Fire safety management is another factor. This concerns: ongoing maintenance of active systems; good housekeeping, for example, the removal of combustibles; ensuring the availability of fire exits; and the development of procedures relating to actions to be taken in the event of fire. Passive fire protection is another factor. This is developed to slow the spread of fire through use of fire-resistant walls, floors, and doors, among other examples. An integral part of a passive fire safety system is referred to as fire stopping, an element to which I have referred already.

Active systems and fire safety management systems require ongoing monitoring to ensure appropriate maintenance and to guarantee appropriate actions are taken in the event of a fire. On the other hand, passive systems are provided at construction stage and must be installed correctly to ensure effectiveness. Fire stopping is generally concealed behind plasterboard or in door frames. It is hidden before the building is used and deficiencies only become apparent during a fire survey, generally referred to as a fire risk assessment. The absence of passive fire systems can also become apparent when a fire occurs - the most serious situation. This is the key focus of this presentation.

Generally speaking, these deficiencies are detected by two methods. The first becomes apparent during the outbreak of fire when heat or smoke travels from one part of a building and emerges in another. This is shown in the diagram to which I referred earlier. The other becomes apparent during what we term a fire risk assessment, which is usually undertaken by a fire engineer as part of a survey of the building.

Problems with past buildings relate to buildings constructed prior to the introduction of the BCAR system referred to by previous speakers. In order to address these, we need to describe the regulatory system that applied previously as well as the extent to which it still applies. Under the Building Control Act 1990, building regulations in respect of fire safety were introduced in June 1992. At the same time, building control regulations were introduced. These made it mandatory to make an application for a fire safety certificate. A fire safety certificate application is assessed by a building control authority and is either granted, granted with conditions or refused. The certificate states that if a building is constructed in accordance with the application, it will comply with the building regulations. The application contains details of how compliance with the fire safety requirements of the building regulations is to be achieved.

Many of the high-profile cases that have appeared in the media and that have been witnessed by my company have had fire safety certificates granted, but the design, as described in the application, has not been complied with. This is particularly true in the case of passive fire safety systems. In my experience, some applicants are satisfied to have a fire safety certificate but do not understand the importance of compliance. In many cases, the fire safety certificate is viewed as an administrative requirement and not as an important design safety document. While many high-profile apartment buildings have received media attention, it is worth noting that office blocks, hospitals and other buildings may have been constructed with similar defects during the busy building period.

I will outline the procedures now in place. Since the introduction of the Building Control (Amendment) Regulations 2014, it is mandatory to appoint professionals to undertake inspections and provide certification that building regulations have been complied with.

While the BCAR system is still in its infancy, I am of the view that it will provide a mechanism where at the very least buildings are inspected at all stages during construction. I also believe that it will provide a level of consumer protection and that it must remain under continuous review.

It is worthwhile examining the system that operates in the United Kingdom where codes and technical guidance are similar to those which apply in Ireland. During the design phase in the United Kingdom developers or builders have the option of going to a local authority to have their designs approved or to use independent inspectors. This contrasts with the Irish system where only the Building Control Authority, BCA, can approve a design or fire officers of the BCA in the case of fire safety. Staff shortages may prolong decision periods which leads to frustration within the construction programme. The builder or developer generally provides 24 hours notice to enable the local authority to inspect at these key stages. Once all inspections are complete, the BCA provides a completion certificate for the building prior to occupation. In contrast, in Ireland, that job has been effectively outsourced to the private sector by way of the BCAR which is used by qualified professionals.

In summary, there are significant fire safety legacy issues associated with some of the building stock nationally. It is possible to address these issues in a proportionate way by undertaking a national programme of fire risk assessments. Priority should be given to buildings in which people reside or sleep and other buildings should be assessed on a risk basis. This approach will take time but it is necessary as there is strong evidence that there are deficiencies and it is essential they are identified and remedial action taken in a planned and methodical manner based on risk and within an agreed timeframe.