Dáil debates

Thursday, 24 November 2011

Topical Issue Debate

Building Regulations

4:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I welcome the Minister. Three blocks of quite new apartments, namely, the Foundry, the Forge and the Kiln, are based at the junction between Railway Street and Beaver Street in Dublin 1. Some of these are private apartments and others belong to Dublin City Council under Part V arrangements. All three blocks are part of the same overall development which was developed by Townlink Limited.

Bord Gáis conducted an inspection of some of the apartments in the Foundry and discovered degradation in the gas flues. It then decided that the other units in the development would need to be inspected to establish the extent of the problem. On inspection of the Kiln and the Forge it was discovered problems also existed there. Bord Gáis then decided to turn off the gas supply to these units until a full inspection could be done by a competent engineering company.

The problem rests with the developer who used McKeon Brothers mechanical engineering company to carry out the installation. The boilers were sourced from a UK company which was contacted about the problem and insisted on coming to Dublin to monitor and inspect the work to be carried out to rectify the matter. Parts had to be obtained which caused a further delay.

The initial problem started on Thursday, 8 November, but nothing had happened by the weekend which is when I began to receive calls. Luckily it has been a relatively mild November but one can imagine what it would have been like if it had happened last year. People have been deprived of all heating and cooking facilities for more than a fortnight. Dublin City Council provided heaters after a number of days had passed but the private owners of other apartments are in difficulty with little assistance.

I understand work is to begin today with the parts having being supplied. However, it was also supposed to have begun last week. I am not sure how long it will take. It is of major concern that part of the original construction and design work of three new blocks of apartments was faulty. The gas flues between the ceilings and upper floors were not properly secured and degradation has already occurred in the joints. This sounds very serious, and if this is the case, are we sure these are the only flaws in the construction and design? I am concerned about the safety of the tenants and residents. Their discomfort is the immediate problem but no home owner or tenant walking into a brand new development would have expected something like this would happen so soon.

There have been many problems with pyrite in the constituency, and elsewhere we have had issues such as the inadequate development at Priory Hall. I am very concerned that we will find similar problems here. Will the Minister ensure when the work is completed that an independent survey is conducted of the construction, design and completed work?

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank Deputy Costello for raising this matter. Dublin City Council is aware of the serious safety concerns about the premises at Railway Street and is already taking appropriate steps to address the situation. The safety of the residents is of paramount concern and I appreciate this is a stressful time for all concerned.

The residential units at Railway Street were built by a private developer. Dublin City Council purchased 25 units for social housing and took possession of them in 2005. This includes 16 units at the Kiln and nine units at the Forge.

Following boiler problems reported by residents, I understand the gas company investigated the matter and became concerned with the way the gas boiler flues were installed. Potential health and safety concerns required the disconnection of gas supply to some units in the Forge and the Foundry. Eight of the nine social housing units in the Forge were disconnected and the tenants were supplied with electric heaters by the council.

The legal requirements in relation to building works to new and existing dwellings are set out under the Building Control Acts. Part J of the building regulations in particular addresses the technical and safety issues relating to heat producing appliances. Part D of the building regulations specifies that materials, which includes components and fittings such as heating appliances and their flues, should be fit for their intended use and installed to a proper standard of workmanship. A comprehensive suite of related technical guidance documents provide detailed guidance on how to comply with the regulations in practice.

Responsibility for compliance with the regulations rests with the builder and the owner of a building. Enforcement is a matter for the local building control authority, which is empowered to carry out inspections and initiate enforcement proceedings when considered necessary.

Representatives of the residents met the developer following which the contractor responsible for installing the heating system agreed to inspect the units and rectify any problems. The contractor went on site on Tuesday and is working from a vacant unit made available by Dublin City Council. It is expected that the work will take five weeks to complete. The manufacturer of the boilers has also sent a representative on site to ensure the works are completed to its recommended standards.

I am satisfied that Dublin City Council as the designated building control authority and housing authority has the wherewithal to effect a satisfactory resolution in this matter. The overriding priority is to ensure the optimum outcome for the households concerned by ensuring that defectively installed heating systems are remediated and that the costs of so doing fall where they should. I have asked Dublin City Council to liaise with the tenants in this regard to ensure that any issues in the social housing units are rectified immediately and satisfactorily. The Department will continue to liaise closely with Dublin City Council on the matter.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I thank the Minister for his reply. It is of great concern that the expected works will take approximately five weeks to complete. The initial estimation was that it would take only a few hours. In five weeks' time we will be well into the Christmas period and the inconvenience the residents will have experienced between now and then will be enormous. It will mean being without proper heating and cooking facilities for almost two months. This will be a nightmare for them. It is not acceptable that more than two weeks have already passed since the matter was identified but the work is still not taking place. I am not sure anything happened on Tuesday. I understand work was to commence today but we do not know what problems will arise.

Is it possible to do something to speed up the process and ensure the work is carried out and completed before Christmas? This involves families who require heating, cooking and privacy. They do not want to have workmen in their homes over the Christmas period. This would be a nightmare and unacceptable. Will the Minister ensure every effort is made to have the work carried out more quickly? Whatever extra measures or personnel are required to have it done in double time should be used so the workmen will have left the premises well before Christmas. Will the Minister also ensure that Dublin City Council carries out a full inspection after the work is complete so that we have a report on the matter which will tell us where we are?

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I share the Deputy's concern about the speed with which the work will be carried out. I certainly undertake to contact Dublin City Council to ensure the work is completed as quickly as possible. I am sure the Deputy will agree that the issue of health and safety is the overriding concern for the tenants. We do not want any particular difficulty arising from the escape of gas or any technical issues that might cause damage to the health of tenants. Each unit must therefore be inspected individually and this may involve accessing the ceiling void to inspect fluids, connections and joint fixings. I am told that some extra brackets may have to be installed. The location of the boiler may have to be changed in a small number of units and it is expected to take that length of time in order to do all that. I am talking about the overall project, although not every tenant may be so affected. The manufacture of the boilers, Valiance, which is UK-based, has also sent a representative on site to ensure the works are completed to the recommended standards. I will convey the urgency of this matter to Dublin City Council later today.