Written answers

Tuesday, 17 June 2014

Department of Environment, Community and Local Government

Pyrite Issues

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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449. To ask the Minister for Environment, Community and Local Government based on reports that local authorities in the Leinster region are investigating potentially defective building blocks allegedly containing pyrite which were supplied to a number of building sites, which his Department was reportedly alerted to in April, the way his Department was alerted to this potential problem; the steps taken to determine the nature and extent of the problem by his Department; the steps taken to ensure defective concrete blocks are no longer being produced and supplied; and if he will make a statement on the matter. [25506/14]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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A potential problem concerning pyrite in concrete blocks was signalled to my Department in early April 2014 by the market surveillance authority (i.e. building control authority) in whose functional area the block manufacturer is located. Subsequently, some industry representatives also contacted my Department in relation to the issue.

Under the European Union (Construction Products) Regulations 2013, building control authorities are designated as the principal market surveillance authorities for construction products that fall within the scope of the Construction Products Regulation (CPR) and are responsible for the market surveillance of such products. Concrete blocks are covered by a harmonised European standard (EN 771-3-2011- Aggregate concrete masonry units (dense and light weight aggregates)and therefore come within the remit of the CPR .

On being advised of the problem the relevant market surveillance authority took immediate and appropriate action under the applicable legislation to deal with this issue. The authorised officer of the market surveillance authority involved visited the premises of the block manufacturer and requested detailed information as to the precise nature and extent of the problem including where the blocks had been supplied, the actions taken or being taken by the block manufacturer to deal with the problem as well as necessary documentation to demonstrate compliance with the harmonised European standard for blocks and with the requirements of the Construction Products Regulation (EU) No 305/2011. The company is co-operating with the market surveillance authority and has supplied certain information on the extent of the problem, the actions being taken to provide for a resolution and compliance documentation. Additional information has been sought from the company to provide clarity on a number of pertinent issues.

Under the European Union (Construction Products) Regulations 2013,building control authorities have wide-ranging powers to ensure that constructions products placed on the market comply with the requirements set out in the Construction Products Regulation.Such powers include the issuing of a notice to require corrective actions to be taken by an economic operator within a specified period of time and, in the event of a serious risk being identified, to request the Minister to prohibit or restrict a construction product from being made available on the market, to withdraw it from the market or to recall it, or to make its use subject to special conditions as deemed appropriate.

My Department has written to the buildingcontrol/market surveillance authorities in whose functional areas the construction sites to which it is understood the blocks were supplied are located and advised them to visit the construction sites identified for the purposes of assessing whether the concrete blocks used in the construction works on these sites are “proper materials” within the meaning of Part D of the Building Regulations 1997, i.e. that they are fit for the use for which they are intended and for the conditions in which they are to be used.

Part A of the Second Schedule to the Building Regulations sets out the legal requirements in relation to structure.The accompanying TGD A provides guidance on how compliance can be achieved and, in the context of block work in houses, reference is given to the appropriate masonry design and construction standards. The materials to be used, e.g. concrete blocks, wall ties etc. are required to meet the specified minimum designations, strengths and other qualities, as set out in TGD A and the referenced standards.

Part D sets out the legal requirements for materials and workmanship. It requires that all works must be carried out using “proper materials...which are fit for the use for which they are intended and for the conditions in which they are to be used” and in a workmanlike manner to ensure compliance with the Building Regulations.

My Department is working closely with the building control/market surveillance authorities involved in dealing with this particular matter to monitor the situation. It is providing whatever advice, guidance or clarifications arerequired toensure that the necessary actionsare taken to resolve the problems identified and to safeguard against defective products being placedon the market.

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