The question is ridiculous in the first instance. A wastewater treatment system is made up of dozens of components one part of which is a septic tank or a proprietary wastewater treatment unit. At present a “local authority” becomes involved typically by conditioning (approving?) a proposed system in the planning permission. Thereafter it may be suggested that Building Control can enforce either Part H or the EPA Code of Practice. I have never heard of a case where Building Control (or Planning) has gone down the route of such enforcement. I believe that this is so because either Part H or the EPA Code of Practice cannot be enforced in law.
Firstly Part H has a completely different definition of the term “wastewater” to that prescribed in the CoP. Secondly, the EPA Code of Practice is not a statutory instrument and cannot be enforced in law. It is simply guidance. The Building Regulations quite correctly recognise that alternative approaches can be legitimate in a Building Regulation context yet the same regulations stipulate that one must proceed in accordance with guidance.
The answer the Minister gave has no relevance to the actual question asked but that is the norm. However his answer in effect misleads Dáil Eireann in that it is specifically the duty of the Minister to prescribe in legislation who “the suitably qualified person required to oversee the design, installation and commissioning of wastewater systems” actually is. It is such a person that the Minister suggests is “best placed to advise on the most appropriate solution in a given set of circumstances”. Previous Ministers have seen fit to prescribe who such “suitably qualified persons” actually are.[MUD Act & BC(A)R]
In doing so it would be worth the Minister’s time considering what category of person is qualified and insured to design such systems. This is not a Fas/FETAC two week qualification issue. I believe that an Assigned Assessor cannot legitimately certify compliance with Part H and the EPA CoP at present. This is being addressed in the typical fashion of ignoring it because the authorities are fully aware that they cannot enforce either of these.
Michael Duffy
Posted on 21 Mar 2015 10:36 pm
The question is ridiculous in the first instance. A wastewater treatment system is made up of dozens of components one part of which is a septic tank or a proprietary wastewater treatment unit. At present a “local authority” becomes involved typically by conditioning (approving?) a proposed system in the planning permission. Thereafter it may be suggested that Building Control can enforce either Part H or the EPA Code of Practice. I have never heard of a case where Building Control (or Planning) has gone down the route of such enforcement. I believe that this is so because either Part H or the EPA Code of Practice cannot be enforced in law.
Firstly Part H has a completely different definition of the term “wastewater” to that prescribed in the CoP. Secondly, the EPA Code of Practice is not a statutory instrument and cannot be enforced in law. It is simply guidance. The Building Regulations quite correctly recognise that alternative approaches can be legitimate in a Building Regulation context yet the same regulations stipulate that one must proceed in accordance with guidance.
The answer the Minister gave has no relevance to the actual question asked but that is the norm. However his answer in effect misleads Dáil Eireann in that it is specifically the duty of the Minister to prescribe in legislation who “the suitably qualified person required to oversee the design, installation and commissioning of wastewater systems” actually is. It is such a person that the Minister suggests is “best placed to advise on the most appropriate solution in a given set of circumstances”. Previous Ministers have seen fit to prescribe who such “suitably qualified persons” actually are.[MUD Act & BC(A)R]
In doing so it would be worth the Minister’s time considering what category of person is qualified and insured to design such systems. This is not a Fas/FETAC two week qualification issue. I believe that an Assigned Assessor cannot legitimately certify compliance with Part H and the EPA CoP at present. This is being addressed in the typical fashion of ignoring it because the authorities are fully aware that they cannot enforce either of these.