COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF LUCAN AREA COMMITTEE
Tuesday, March 25, 2014
MOTION NO. 9
MOTION: Councillor E. Tuffy
"That this Committee requests the Manager to provide a report to the Committee for debate on the remedial fire safety works at Foxford Court, Lucan, Co Dublin detailing the background to the case, when works will commence and conclude, the scope of the works, the full costs to all parties arising from these works, and what lessons can be learned from this case and policies and protocols developed to deal with similar issues should they arise elsewhere in the County in the future."
REPORT:
1.
Foxford Court consists of 52 housing units in three blocks. It was developed as an Affordable Housing Scheme in an agreement between South Dublin County Council and Newlyn Developments combining a site in the Council's ownership with a site acquired by Newlyn with an existing planning permission.
Dwellings on the Council's section of the site received planning consent through the Part 8 Planning consultation process of the Local Government Planning & Development Act 2000. The remainder of the site acquired a full Planning Permission for privately-owned land. An Opinion of Compliance with Planning for these dwellings was issued by the Design Architects, Fitzgerald Associates. An Opinion of Compliance with Part 8 Planning consent for the Council joint venture site issued from Eddie Conroy, then Senior Architect, on behalf of the Council. (This was not an Opinion on Compliance with the Building Regulations).
Fire Safety Certificate applications to show compliance with Part B of the Building Regulations under the Building Control Act 1990 was submitted by the developer (02/6165 17th July 2002) for all units and received approval. Opinions of Compliance with the Building Regulations (a form agreed jointly between the Royal Institute of the Architects of Ireland and the Law Society) were issued by Fitzgerald Associates Architects, and accompanied the conveyancing documentation for the sale of these Affordable houses. All dwellings in the scheme are classified as apartments and required a Fire Safety Certificate.
It should be noted that South Dublin County Council did not design, construct or supervise the construction of these dwellings. The Council bears no responsibility for any issues arising from constructional or design difficulties. The Council did not issue Opinions of Compliance with the Building Regulations for these dwellings.
Eligible applicants purchased the properties by private sale having fulfilled the criteria for eligibility under the Affordable Housing Scheme. South Dublin County Council transferred the Freehold Title to Foxford Court Management Company Limited on 1st June 2006 and accordingly the Management Company is now the registered owner.
2.
In February 2013 a number of complaints were received by the Council from residents in relation to fire-separation / compartmentation issues. An initial survey was carried out by OHSS Limited on behalf of the Foxford Court Management Company. Architectural Services staff carried out an additional survey of the 3 units owned (following recent repossession) by South Dublin County Council. An additional 5 dwellings were then surveyed by Pro-Fire Limited at the instigation of the Management Company. 10 units in all were surveyed. A meeting was held with Directors of the Management Company and the Management Agent, Falcondale Limited. (including South Dublin County Council as owner of 3 dwellings) on the 8th April 2013, and the Directors agreed to update all tenants on issues discussed and agreed, as they occurred. Meetings were also held with the Directors of Newlyn Developments Limited. An on-site meeting with Newlyn, County Architect, Falcondale Limited (for Foxford Court Management Company), James Briscoe, Dublin Fire Brigade Fire Safety Officer and Pro-Fire Limited agreed a remediation strategy.
For all outstanding fire-safety issues. Mr. Briscoe agreed to delay the issue of enforcement notice on the agreement to advance repairs as early as possible. He was satisfied that the residents could be allowed to remain in their homes subject to monitoring and early tender process.
3.
Newlyn Developments agreed to produce a tender for the carrying out of these works and tender report is attached. The lowest tender was received from M.O.M. Services Limited in conjunction with Fireseal at a cost of €134,934.19 incl VAT. Pro-Fire were the lowest quotation for professional services at a cost of €20,381.10 inc VAT. The total cost of repair, supervision and certification of compliance is therefore €155,315.29 inc VAT.
4.
Following a period of protected negotiations between the three parties, an agreement was structured as follows:
Newlyn Developments will sign contracts with M.O.M. / Fireseal and Pro-Fire. They will project-manage the contract as clients including delivery of compliance certification. Newlyn Developments will absorb all costs in tender preparation and contract management. They will contribute a further figure of €50,000.00 to the cost of the works.
South Dublin County Council and the Foxford Court. Management Company will contribute the balance of €105,315 on the contract. The Council will offset an amount of the Foxford Court contribution against the outstanding management charges still owing on the three units repossessed by the Council and now in our ownership.
The terms of this agreement are set out in the Heads of Agreement document now signed by the three parties involved. The agreement of the Foxford Court Management Company was secured at a special General Meeting of its members.
Work began in late February 2014 and will take 3 / 4 months to complete. The works will be supervised and signed off by Pro-Fire. In a telephone conversation of 22nd January 2014, the Dublin City Fire Officer, confirmed that the fire remediation strategy addresses the issues as required under Part B of the Building Regulations, but must be supervised by a fire-safety consultant and certified by same as being in compliance with the strategy submitted to Mr. Briscoe.
5.
S.I. 80 of the Building Control Amendment Regulations 2013 became operative on the 1st March 2014. The works completed on site must be certified as having been constructed in accordance with the Building Regulations by the contractor and assigned certificate.
12-15% of buildings on-site will require to be inspected by Council Building Control staff linked to a risk-analysis carried out on Building control submissions relating to the type and nature of building and construction technology involved.
This increased focus should lead to a reduction in building failures of the type encountered at Foxford Court.