Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I do not need praise every day. Notwithstanding the merits of the Bill and acknowledging that the provisions represent additional safeguards in any house in which heat-producing appliances are installed, I propose to bring forward several amendments on Committee Stage which, I believe, are necessary to improve the practical implementation of the provisions to achieve a more effective and balanced outcome. The building regulations set out the legally enforceable minimum requirements that a building must achieve and these requirements are set out in 12 parts, classified as parts A to M, respectively. Each part of the building regulations is accompanied by a technical guidance document, TGD, which sets out how the requirements of that part can be achieved in practice.

Part J of the building regulations 1997 and the associated technical guidance document J, 1997 edition, set out the current legal requirements for the use and installation of heat-producing appliances in buildings and for the disposal of the products of combustion in a manner that protects the health and safety of the occupants and reduces to a reasonable level the risk of buildings catching fire in consequence of their use.

In recent years my Department has signalled its commitment to considering whether and in what circumstances mandatory provision for carbon monoxide detectors might be appropriately included in part J and TGD J. Against this background and having regard to the latest developments in the standards since the current 1997 regulations were introduced, a broadly representative working group was established under my direction in mid-2011 to undertake a comprehensive review of part J and TGD J. Over the course of the review, data provided by the Health Service Executive indicated that over the 11 year period from 2000 to 2010, inclusive, 73 fatalities arose due to accidental poisoning following exposure to carbon monoxide. This represents an average of over six carbon monoxide deaths per annum in Ireland that could potentially have been preventable, that is, assuming no carbon monoxide detector was installed and that the presence of a functioning carbon monoxide detector could have provided an alarm which would have resulted in appropriate action being taken to prevent exposure to the toxic effects of carbon monoxide.

Furthermore, from the evidence of carbon monoxide incidents in the United Kingdom and elsewhere, the indications are that the majority of such incidents appear to occur with solid fuel appliances, while gas and oil are deemed to be the safest. Open flue or flueless appliances, because they take the combustion air from a room, have a potentially greater risk than a balanced flue scenario. An analysis of all the available information led the review group to the conclusion that the use of carbon monoxide detectors to the proper standard and with adequate in-built visual and audible warning systems would give added protection to homeowners. During the review the Department, in conjunction with other relevant public bodies, was satisfied that previous concerns over sensor reliability and the lack of any end-of-life indicators in carbon monoxide detectors had been addressed by developments within the industry.

The new part J and TGD J documents will come into force on 1 September 2014 and will require carbon monoxide detectors to be provided in all new dwellings and in existing dwellings where new or replacement open flue or flueless combustion appliances are to be installed. As the Senator can see, we are moving a little ahead. Carbon monoxide detectors will also be required where a system chimney attached to any heat-producing appliance passes within or over a habitable room. In such cases carbon monoxide detectors should be in or near bedrooms and where open-flue or flueless appliances, including fireplaces, are used as well.

Accordingly, the provisions which relate to the installation of carbon monoxide detectors in new and existing dwellings where new or replacement open-flue or flueless combustion appliances are to be installed are already in place. In the interests of coherent regulation I imagine the Senator has no wish for me to duplicate this provision on the Statute Book.

It should also be noted that Part L, conservation of fuel and energy, of my Department's building regulations of 1997 requires all new and replacement boilers in dwellings to have an efficiency of 86% since 31 March 2008 and 90% since 1 December 2011. This requirement promotes the installation of room sealed boilers which have a lower risk of the escape of carbon monoxide due to balanced flues.

While in no way seeking to detract from the commendable tenets of the Bill, I have a number of concerns about some of its provisions and believe it will be necessary to introduce amendments on Committee Stage to deal with some practical implementation issues. For example, the use of the term "Building Control" in the Short Title may cause confusion with the Building Control Acts, whose primary purpose is to provide for the making of building regulations and building control regulations applicable to the construction of new buildings, material alterations and changes of use. The application and scope of the proposed Bill relates to dwellings only and is in the sole context of carbon monoxide. Accordingly, the Bill would benefit from a change in Title to more accurately reflect the subject matter therein.

Section 5(2) requires compliance with the provisions of the Bill to be demonstrated by certification. Although no details are provided on what would constitute an inspection for this purpose, I do not consider that the list of persons who may provide certification on foot of an inspection is entirely appropriate to this task. In addition, it could lead to unnecessary additional costs for home owners and landlords.

The requirements in sections 6 to 10, inclusive, to secure certification should a dwelling be newly constructed, offered for sale or lease or undergo a boiler replacement or service appear, on the surface, to be onerous and may need further consideration and refinement given the potential costs to householders. I also caution that the requirement for a householder to secure certification when repairing or servicing an existing heat producing appliance may have the unintended consequence of householders postponing servicing of an appliance because of the additional cost of certification. While I note the commencement of this section may be deferred until economic conditions improve, it needs further consideration.

Section 11 provides that enforcement be carried out by local authorities. Again, I have concerns about the resource implications, both human and financial, of this provision. In any case, I do not believe local authorities are best placed to enforce the Bill's provisions. Given that approximately 1.5 million dwellings could potentially require certification, an annual inspection rate of 20% would potentially require 300,000 certificates to be produced to local authorities. This amounts to more than 7,000 certificates per building control officer. This provision is not workable in practice and householders may not react positively to visits from local authority personnel in such circumstances. For this reason, the provision should be amended.

The offence provisions outlined in section 13 appear disproportionate and excessive for application to a householder in the context of the Bill. A Class E fine may be more appropriate, with graduated fines applying to the owners of multiple properties.

The requirements in section 15 have already been met in technical guidance document J, Heat Producing Appliances 2014, which provides guidance on the location of carbon monoxide detectors.

It is worth noting that my Department, with the support of the National Consumer Agency and National Standards Authority of Ireland, has proposed to the European Commission the development of a harmonised European standard in respect of carbon monoxide detectors under the umbrella of the construction products regulation. This measure will facilitate third party oversight by a notified body during the manufacturing process. The Commission supported Ireland's proposal and early this year mandated the Comité Européen de Normalisation or European Committee for Standardization to commence work on the matter.

Senator Quinn should be commended on introducing the Bill. While I welcome and support many of the provisions contained therein, the import of some of the proposals would inevitably be to impose costs on individual householders. We need to be cognisant of this and work towards achieving a reasonable balance, without compromising the safety we all seek, when we table amendments on Committee Stage. Although the cost of a single carbon monoxide detector complying with the relevant standard and having an end of life indicator would be between €30 and €40, this cost would rise in line with the number of appliances or rooms in a dwelling. Moreover, the costs of inspection and certification could be in the region of between €150 and €200. It should be noted that these are not once-off costs because replacement costs would arise every five to six years.

While the new Part J regulations, which will become operable from 1 September 2014, will give added protection to new dwelling owners and the owners of existing dwellings when heat producing appliances are being replaced, it is nevertheless important that we get the message across to householders that they should take a number of key actions to prevent carbon monoxide arising in the first instance. It is important that they engage only competent persons to ensure the proper installation and commissioning of appliances, flues and chimneys; proper air supply is maintained to combustion devices; and combustion appliances are properly maintained and inspected on a regular basis. While the new Part J of the technical guidance document and the provisions of Senator's Quinn's Bill will provide enhanced consumer protection in respect of carbon monoxide in dwellings, the primary focus must remain on ensuring these three requirements are realised in the first instance.

The relevant authorities with responsibility in this area will be obliged to ensure that information to raise awareness of the potential dangers of carbon monoxide in homes will continue to be provided on a regular basis. Against this background, a number of bodies - the Commission for Energy Regulation, the Registered Gas Installers of Ireland, RGII, Bord Gáis, the National Standards Authority of Ireland and the Irish Liquid Petroleum Gas Association - all contribute in different ways to raising public awareness of the risks of carbon monoxide poisoning. I take this opportunity to compliment them on the work they do.

I again thank Senator Quinn for bringing forward the Bill. As already indicated, I am not opposed to its passing Second Stage.