| PHOTO 1 | EXAMPLE - ESTATE AT SWORDS, CO. DUBLIN |
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TIMBER FRAME CONSTRUCTION Such destruction as viewed occurred to both properties within 30 mins. These two semi-detached houses as depicted are of timber frame construction, note the masonry party wall did not fail. However, the fire stopping attached at the roof abutment as per TGD B, and or as per the Homebond's House Building Manual did fail. |
As specified and illustrated in the Homebond manual, the failed party wall fire stopping as depicted was clearly approved in the issuing of the HB11's by HomeBond management. Such behaviour is clearly illegal.
HOMEBOND DISCLAIMER ! WHO IS LIABILITY ?
Designers & builders should be aware of this most serious design flaw as perpetuated by Homebond, and or other companies providing structural guarantees / insurance and or similar. NOTE: The Management of HomeBond have refused in writing to take responsibility for same, describing such fire stopping in it's inadequacy / absence or otherwise, as not a major structural defect, and therefore outside the terms of the structural guarantee as provided by Homebond !
Further stating that such fire stopping is the responsibility of the builder / developer and member. Is this acceptable to you as a Homebond member ? Have the Homebond management notified you as a member, of this most serious situation ? If you are a purchaser or an insurer reading this, were you aware, or made aware, of this most serious additional risk ?
Note: HomeBond have stated in writing, that it is the responsibility of the builder / developer, and where applicable their members to be in compliance with the Building and Fire Regulations !
Furthermore, HomeBond have stated that they advise their members to be in compliance with the required standards before they will issue a HB11 Final Notice Document ! With regards to same I quote below from HomeBond's website under Registered Dwellings, STEP 4: Promise to the purchaser
"If HomeBond is satisfied that the dwelling complies with the required standards we will issue the Final Notice HB11". Note: such reference to standards can only be to our National Mandatory Building and Fire Regulations.
HOMEBOND LIABILITY
The issuing of final notice documents by HomeBond management is to effectively confirm that the HomeBond management and inspectorate are satisfied that the dwelling and or dwellings issued with the HB11's are in-fact in their view in compliance with Regulations !
In light of the above, it would not be unreasonable to conclude, that if such dwellings on inspection as referenced, are found not to have been in compliance with standards, i.e. Building and Fire Regulations, HomeBond final notice documents / HB11'S, should not have been issued in the first instance ! In such circumstance I can only conclude that HomeBond would indeed be liable.
HOMEBOND IS A LIMITED COMPANY AND HAS NO STATUTORY FUNCTION
One must also question the fact that HomeBond to-date has presented itself as an authority for which it is not. HomeBond has no statutory function. HomeBond is simply a limited company providing a structural guarantee to purchasers through its members on certain conditions, of which the principal condition can only be compliance with our National Mandatory Building and Fire Regulations, which are minimum Standards.
NATIONAL MANDATORY BUILDING AND FIRE REGULATIONS SET THE STANDARDS, NOT HOMEBOND
FIRE / FIRE SPREAD VIA THE PARTY WALL FAILED FIRE STOPPING
The two houses as pictured above were destroyed by fire during construction. However, whether the fire was accidental or otherwise, it is quite clear where the fire started and how the fire spread to the adjoining property. As one can see, the fire clearly spread over the party wall within the roof / attic space. Note the roof was completed, the party wall fire stopping at the abutment with that of the roof covering as required by regulations, failed.
FIRE SPREAD RISK RECREATED ON REFURBISHMENT, HOMEBOND REGULATORY COMPLIANCE WHAT COMPLIANCE ?
These two buildings where reconstructed and renovated to the same non-compliant standard as was the case prior to the fire ! On completion of the renovation works, Homebond HB11's (final notice documents) were issued ! The purchasers, who had already paid substantial deposits on the houses prior to the fire, were not notified as to the cause of the fire spread from one property to the other ! The issue of inadequacy and or the failure to provide proper certifiable fire stopping to the party walls in the first instance, let alone on refurbishment surely raises serious questions with regards to the independence or otherwise of HomeBond's inspectorate and management !
Note: based upon HomeBond's own pre-stated conditions, i.e. that such dwellings are required to be in compliance with Regulations, that is prior to HB11's being issued, one can only conclude that the structural guarantee as provided by them is now null and void on these two properties, and indeed on the whole estate !
As stated, on re-examining the now occupied properties one year after the event, it was found that no party wall fire stopping at the abutment of same with that of the roof covering had been put in place to prevent such happenings in the future. Such behaviour was contrary to the fact that the fire had spread to the adjoining property due to the absence and or inadequacy of such regulatory required fire stopping in the first instance ! In such circumstance i.e. particularly in the aftermath of such fires, I would also be of the opinion that the Department of the Environment and its inspectorate, and the Fire Authorities have failed in their statutory duty to enforce the Building and Fire Regulations, and that they also should be held accountable.
Furthermore, as already stated, on the reinstatement of the as referenced dwellings after the fire, HomeBond management issued HB11's, note after they had as required satisfied themselves that the dwellings were up to standard, and in compliance ! "How extraordinary". "Now where does the responsibility lie". Such behaviour in my opinion, is to knowingly put people and property at risk, which can only be described as a criminal act. Therefore those responsible for inspecting and or the issuing of such inadequate and or fraudulent certification should also be brought to account.
INSURERS REQUIRE THE INSURED TO NOTIFY THEM OF ANY ADDITIONAL RISKS / MATERIAL FACTS KNOWN TO THEM
All of the houses on the as referenced estate remain vulnerable to the potential of such fire spread from one house to the other as pictured. Were the purchasers of same notified ? No is the answer ! Were insurers providing private building and contents insurance put on notice ? The answer is No !
Note: such non-compliance with our National Mandatory Building and Fire Regulations, with particular reference to Part B Fire, is tantamount to non-disclosure of an additional risk, which could render all insurance, both for structure and contents, null and void.
PHOTO 2 BRAY, CO. WICKLOW
This is a further example of such fire spread, a terrace of three small shop units destroyed. Note: the fire spread issue is the same as that of semi detached houses and or apartments. Fire is indiscriminate, the result is invariably the same as pictured. The party walls are of masonry construction and incorrectly fire stopped, that is if at all. As above, photo 1, this photo also speaks for itself.
HOMEBOND / REGULATIONS MATERIALS AND THEIR SUITABILITY
It could be argued that Homebond are correct in stating that the fire stopping of party walls, inadequately or otherwise applied, would not be considered a structural defect in the Cold State, i.e. prior to a fire.
However it is quite clear that the Regulatory intent of such party wall fire stopping / protection, is to prevent such identified fire spread to adjoining property in the event of fire, the Hot State.
Such required party wall fire stopping and roof covering requirements of AA, AB or AC (surface spread of flame ratings) are combined requirements, and therefore a continuation of the party / separating wall, and are clearly integral parts of the wall in its purpose group. Regulations also require such party / separating walls to meet the requirement of structural integrity and fire resistance of 60 minutes (note: to a minimum 800 centigrade). Note also such minimum requirements may vary to suit the varying purpose groups.
MATERIAL EVIDENCE AT THE AFTERMATH OF A FIRE
However, the absence or use of inadequate fire stopping materials can in the event of fire cause, or result in fire spread, thereby resulting in major structural damage / defects to adjoining property or properties, all of which is in evidence after a fire has been extinguished. See Photograph Album.
Where it can be established as in the case as pictured at the Swords Co. Dublin fire, that the party wall fire stopping was absent, and or shown to be inadequate, this would be contrary to the intent and content of Regulations. Proper materials are defined in Regulations, as materials that are deemed to be suitable for their intended use, and purpose.
ROCKFIBRE OR SIMILAR PARTY WALL FIRE STOPPING METHODS NOT FIRE TESTED IN THE CONFIGURATION AS ILLUSTRATED IN THE HOMEBOND MANUAL AND OR TGD B
MANUFACTURES of mineral wools e.g. rockfibre and or glass fibres have refused to take responsibility for the use of their products as a Party Wall Fire Stop in the configuration as specified and illustrated in the Homebond manual and or as per TGD, B fire ! Furthermore there are no fire test certificates available from the manufactures of such products, showing that they were tested in the configuration as illustrated by Homebond in Ireland, U.K. and or the EU ! So much for materials and their suitability, demonstrate it please, where is the supporting documentation, there is none.
SEE PARTY WALL FIRE STOPPING, AS REFERENCED FIRE TESTS REPORTS ON THIS WEBSITE
For the record, the as referenced party wall fire stopping of rockfibre and or similar as per TGD B, and or as per the HomeBond house building manual, has been fully and scientifically fire tested here in Ireland as per the three fire tests as referenced, 1981, 82 & 84, and failed as a party wall fire stop in all three fire tests. Full fire test reports are available on request.
DISCLAIMER SOUGHT INSURERS TO BE NOTIFIED
In light of the above Designers / Builders, using and or applying the Homebond party wall fire stopping detail should immediately seek a disclaimer in writing from Homebond. That is unless HomeBond are prepared to accept responsibility for same. Furthermore, Purchasers, Insurers should be notified immediately of such additional risk.
FIRE TEST IRELAND: 1981, '82 and '84
The only fire tests on such fire stopping methods namely rockfibre, in the configuration as illustrated by Homebond and or by the manufactures of such products, were carried out by me here in Ireland in conjunction with Enterprise Ireland (formerly I.I.R.S). Such methods / materials failed when tested and were shown not to work and are therefore not in compliance with the intent and content of out mandatory Building & Fire regulations.
Note: Full Fire Test Reports on both the FireBar method and on the failed method as per TGD B, and or as per the HomeBond House Building Manual are available on request.
THE PROBLEM / CAUSE ILLUSTRATED
See such failed methods of party wall fire stopping as illustrated below, A1 & A2.
Incorrect fire stopping to timber frame or masonry party walls as illustrated
*Click on Image to Enlarge*
