Written answers

Tuesday, 16 October 2012

Department of Public Expenditure and Reform

Building Regulations

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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To ask the Minister for Public Expenditure and Reform if he is assured that the terms of all Exchequer funded construction projects state that they must be completed in accordance with regulatory standards; and if he will make a statement on the matter. [44758/12]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Clause 2 of the standard form of the public works contracts, which were introduced in February 2007 as part of the Capital Works Management Framework, states that the contractor and his personnel are required to comply with all legal requirements (sub-clause 2.2).

The Works Requirements which are a key part of the contract documents set out in detail the form the project is to take but more importantly contains detailed specifications that set out how regulatory standards are to be met.

In order to be considered for the award of contracts, whether works contracts for construction or service contracts for design team members, applicants must pre-qualify by meeting criteria which are designed to assess their competence. Those who do not meet minimum criteria are excluded from further participation in a tender competition.

There is a substantial body of legislation that directly or indirectly governs construction activities, however two key pieces of industry specific legislation; the Safety, Health and Welfare at Work (Construction) Regulations 2006 and the Building Regulations 1997 – 2012 both place considerable responsibility not only on contractors but on all those involved in construction projects including designers, supervisors and individual workers. The ultimate sanction for serious breach of these regulations is a criminal conviction and imprisonment.

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