Seán Kenny (Dublin North East, Labour)
Link to this: Individually | In context

Question 162: To ask the Minister for the Environment, Community and Local Government the findings of his Department's inspectors who inspected the Priory Hall development, Dublin, in 2006 for fire safety and building control issues; if these findings were communicated to Dublin City Council; and if he will make a statement on the matter. [12083/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

I assume the question relates to inspections undertaken by the Housing Inspectorate of my Department following an application by the developer of the Priory Hall complex for Floor Area Compliance Certificates (FACCs) as introduced by section 72 of the 2004 Finance Act. The focus of the FACC process was to determine eligibility for exemption from stamp duty and the certificates issued serve no other purpose.

The application for the FACC was assigned to one of my Department's inspectors who then took responsibility for processing the application, which included a number of on-site visits for inspection purposes and written correspondence with the developer seeking documentary evidence of compliance with the Building Regulations. During this process my Department's inspector raised a number of concerns with the site engineer, which were notified in writing to the developer, in relation to the absence of fire collars on pipes and adequacy of roof and wall insulation. My Department's inspector subsequently liaised with the site engineer to resolve the areas of concern and no communication took place with Dublin City Council. The site engineer was requested to remove external cladding in order to fit the required insulation and to arrange for installation of fire collars on pipes.

Spot checks were subsequently undertaken by my Department's inspector to confirm the defects had been remedied. In relation to the fire collars the developer subsequently provided a certificate from CLM Fire Protection Limited dated 21 November 2006 confirming that fire collars had been installed in compliance with the Building Regulations. In addition signed copies of RIAI Form 1 - The Architect's Opinion on Compliance with Building Regulations (the form for use where professional architectural service has been provided at the design and construction stage of the relevant building or works) were provided by the developer to the Department's inspector in support of the FACC application.

These forms for Priory Hall were signed by a registered member of the RIAI and accompanied by the RIAI Membership Stamp confirming that architectural services were provided at design and construction stages; that designs (based on drawings submitted by the signatory) are in substantial compliance with the Building Regulations; and that fire safety certificates were properly obtained. The form is completed by the inclusion of the statement that "in the opinion of the Architect concerned, the construction of the relevant Building or Works is in substantial compliance with the Building Regulations." The onus is on the owner/developer and agents acting on their behalf to ensure compliance with the building regulations, including fire safety requirements.

In late 2008, following a complaint to Dublin Fire Brigade, Dublin City Council became concerned about fire safety issues more generally at Priory Hall and this resulted in a full investigative survey of the development which identified further and more serious concerns than had been uncovered by any previous inspection. Since that time it has used the statutory powers available to it to pursue compliance with planning permission conditions and with fire safety and building standards requirements, all of which are at issue in relation to Priory Hall. Failure by the developer to honour court undertakings to remedy fire safety defects led to the latest High Court proceedings.