Written answers

Tuesday, 17 May 2016

Department of Environment, Community and Local Government

Fire Safety Regulations

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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423. To ask the Minister for Environment, Community and Local Government if he is aware of serious health and safety defects found in homes in Ceol na Mara in Kill, County Waterford, if the homes conform with all relevant statutory fire obligations; if not, the steps he or the appropriate State body will take to carry out appropriate remedial works to satisfy all statutory obligations pertaining to health and safety; and if he will make a statement on the matter. [9840/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I understand that Waterford City and County Council is liaising with the residents of the Ceol na Mara development on an ongoing basis in an effort to be of support and assistance to residents at this difficult time.

Part B of the Building Regulations sets out the statutory standards of fire safety that apply when a new building is constructed in order to ensure the safety of persons in and about the building. Compliance with the building regulations is first and foremost the responsibility of the owners, designers and builders of the building concerned. As Minister, I have no function in assessing, checking or testing compliance, or otherwise, of specific works or developments.

Remediation of defects is a matter between the parties concerned, the current owners and the builder/developer, their agents and their insurers. This applies also where the owner is a Local Authority or an Approved Housing Body, both of which are relevant in the context of a number of properties at Ceol na Mara. If a satisfactory resolution cannot be achieved through dialogue and negotiation, the option of seeking civil legal remedy may be considered. It is understood that the builder/developer in this instance is in receivership and it is therefore important that the receiver is notified of all liabilities at the earliest possible opportunity.

The Local Authority’s overriding concern in these matters is one of public safety and its statutory functions (under Planning, Building Control, Fire Safety and Housing legislation) relate to the enforcement of compliance with statutory obligations. The Local Authority is not responsible for undertaking remedial works in private dwellings. Nevertheless, its advice and support can be helpful in such situations and, as Minister, I expect Waterford City and County Council to continue to do whatever is reasonable and appropriate to support the residents at Ceol na Mara. I would also urge all concerned to cooperate fully with the local authority in carrying out its statutory functions.

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