Council secures order to stop building being used as residence

Dublin City Council has secured, on fire safety grounds, a High Court injunction that restrains a building under construction…

Dublin City Council has secured, on fire safety grounds, a High Court injunction that restrains a building under construction at Kelly's Row, off Dorset Street, from being used for residential purposes.

It was stated that up to 40 people, mainly students, have been living in the premises.

The council was also granted an order directing the owner of the premises, Brian Smith, or his agent, immediately to vacate the building until such time as the plans and specifications submitted with an application for a fire safety certificate have been completed.

The orders will operate pending a full hearing of the case.

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An assistant fire prevention officer with Dublin Fire Brigade, Claire McCartney, said on September 30th last a complaint was made by the Health and Safety Authority to the council that the building was being used for residential purposes even though construction works were ongoing.

On foot of the complaint, inspections of the building were carried out and a number of defects were observed.

The basement of the property contained a generator apparently fuelled by gas oil in a plastic tank with a capacity of 5,000 litres. The fourth, fifth and sixth floors were under extensive construction and timber-trussed rafters were clearly visible in the roof.

Makeshift plywood sheets had been used in an attempt to close lift shafts, Ms McCartney said. The sheets were not fireproof and constituted conduits for the spread of fire. Smoke detectors had not been used throughout the building. No alarm for a fire detection system had been installed. Electrical wiring was exposed.

Ms McCartney said the premises were surrounded by scaffolding and were easily accessible to intruders. The combination of those matters created a serious fire hazard. There were no fire-retardant doors in the premises. Inadequate fire-detection systems and the absence of adequate escape routes rendered the premises dangerous.

An inspection early yesterday revealed the premises were still occupied and still in the condition found previously, she added.