Written answers

Tuesday, 29 September 2015

Department of Environment, Community and Local Government

Building Regulations

Photo of Clare DalyClare Daly (Dublin North, United Left)
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578. To ask the Minister for Environment, Community and Local Government in relation to Statutory Instrument No. 306 of the 1991 building regulations and the requirement for up-to-date standards to be implemented in cases where a material alteration to a dwelling is made, the impact of these regulations on situations where the housing agency discovers defective fire safety measures in place during the course of pyrite remediation; and if he will make a statement on the matter. [33139/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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The pyrite remediation scheme is first and foremost a works scheme aimed at the repair of dwellings affected by significant damage attributable to pyritic heave in the subfloor hardcore material. Under the scheme, remedial works are typically confined to the removal of hardcore from under the ground floor of the dwelling and from within 500 mm of the perimeter of the dwelling. However, where defects are discovered during the removal of the existing floor slab and the defective hardcore material, which impact on the structural stability of the dwelling and the health and safety of the occupants, the works contractor may, in accordance with good building practice, remedy such defects prior to the installation of replacement hardcore material and/or the reinstatement of the concrete floor slab.

Remediation works are carried out in accordance with I.S. 398-2:2013 Reactive pyrite in sub-floor hardcore material - Part 2: Methodology for remediation works, published by the National Standards Authority of Ireland in January 2013, which sets out a clear methodology for the remediation of dwellings affected by pyrite in the subfloor hardcore.

The were revoked and replaced by the (as amended) which came into effect on 1 July 1997. Notwithstanding the above, in broad terms, the regulations apply to works (including material alterations as well as repair and renewal works), or a building as regards which a material change of use takes place, where the works commence or the material change of use takes place on or after the commencement of the regulations (i.e. 1 July 1998).

In the case of works to an existing building, the regulations apply to every part of a building affected by such works subject to the requirement that no works shall be carried out to an existing building which would cause a new or greater contravention in the building of any provision of the Building Regulations. The regulations do not apply to parts of the building that are unaffected by the works being undertaken.

In this regard, the removal of hardcore from under the ground floor of dwellings included in the pyrite remediation scheme does not impose any statutory requirement to undertake additional works to other parts of the building which are unaffected by the removal of the hardcore such as works to address defective fire safety measures. Any defects, damage or substandard works not attributable to pyritic heave are outside the scope of the scheme and should be investigated by the scheme participant’s own construction professional who will be able to advise on the severity of the issue and the appropriate action that should be taken to mitigate any risk to health and safety.

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