statute of limitations (amendment) (home remediation-pyrite) bill 2012

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AN BILLE UM REACHT NA dTRÉIMHSÍ (LEASÚ)(LEASÚCHÁN TÍ-PIRÍT), 2012

STATUTE OF LIMITATIONS (AMENDMENT) (HOMEREMEDIATION-PYRITE) BILL 2012

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Mar a tionscnaíodhAs initiated

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ARRANGEMENT OF SECTIONS

Section1. Citation and commencement.

2. Definitions.

3. Amendment of Statute of Limitations 1957.

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[No. 67 of 2012]

Click here forExplanatory Memorandum

Acts Referred to

Statute of Limitations 1957 1957, No. 6

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BILL5

entitled

AN ACT TO AMEND THE STATUTE OF LIMITATIONS 1957TO ENABLE HOUSEHOLDERS WHOSE HOUSES HAVEBEEN DAMAGED BY PYRITE TO INSTITUTE A CLAIMWITHIN A PERIOD OF TIME COMMENCING WHEN10THE PRESENCE OF PYRITE WITHIN THE HOUSE HASBEEN CERTIFIED BY AN ENGINEER.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) This Act may be cited as the Statute of Limitations(Amendment) (Home Remediation-Pyrite) Act 2012.15

(2) This Act shall come into operation on such day or days as maybe appointed by Order or Orders made by the Minister.

2.—In this Act, unless the context otherwise requires—

“house owner” refers to the owner of any residential dwelling withinthe State;20

“dwelling” refers to any residential dwelling within the State;

“Minister” refers to the Minister for the Environment, Communityand Local Government;

“pyrite” refers to iron sulphide present in infill used below theground floor of a dwelling and which has been certified by an25engineer as expanding such that it has caused or will cause significantstructural damage to the dwelling.

3.—The Statute of Limitations 1957 is amended by the insertionof the following sections in Part II of the Act of 1957 after Section 11:

“11A.—(1) Where any cause of action has been brought by30a house owner arising from structural damage caused to his orher dwelling as a result of the presence of pyrite in the infillunder the ground floor of that dwelling or under the groundfloor of another neighbouring dwelling then, for the purposes of

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Citation andcommencement.

Definitions.

Amendment ofStatute ofLimitations 1957.

any provision of this Act, the time within which such an actionmay be brought shall not begin to run until the earlier of thefollowing:

(a) the dwelling or the other neighbouring dwelling hasbeen certified by an engineer as containing pyrite 5that, in his or her opinion, has or is likely to causestructural damage to the dwelling; or

(b) the house owner has been informed by the party whobuilt the dwelling that the infill within the housecontains pyrite that, in the opinion of the builder of 10the dwelling, has or is likely to cause structuraldamage to the dwelling.”.

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EXPLANATORY MEMORANDUM

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The purpose of the (Home Remediation-Pyrite) Bill 2012 is toamend the current Statute of Limitations 1957 due to the rise inhomeowners affected by Pyrite. Whilst the previous Statute ofLimitations provided for cover upon which a problem was able to bediscovered, the (Home Remediation Bill-Pyrite) 2012 changes thisprovision so that the Statute of Limitations will come into effect onlyafter the problem has been diagnosed by an Approved IndependentPyrite Test.

Pyrite is formed after continued exposure of bacteria and ferriciron to water and oxygen, which can take up to ten years for itsdamage to visibly show. In many types of household construction,the backfill that could potentially form Pyrite is used under theconcrete floor foundations and structural support of the home. Theprolonged oxidization can cause the mass of the Pyrite to swell,forcing the concrete slabs to lift and crack. These cracks leave aunique form and are the clearest indicator as to whether the swellingis caused by Pyrite or not.

Thousands of houses have already had Pyrite independentlyidentified and approximately 72,500 homeowners predominantly inDublin and the east coast of Ireland are potentially affected. Manyhouses that are facing structural damage are recently built, leavingfamilies facing significant costs.

Removing the contaminated Pyrite backfill is an expensiveoperation that often involves modification to the existing first floorand roof structure, removing the ground concrete floor andpartitioning walls, replacement and removal of all plumbing fixtures,and the replacement of the heating and electrical systems located inthe affected area, all before the Pyrite contaminated backfill can beremoved. Unfortunately building guarantee companies have decidedthat they have no liability in this matter. An official Governmentresponse to the Pyrite Crisis has yet to be published. The on-goingdelay in taking effective action means that as every month passes,hundreds of homeowners become Statute barred, thereby removingtheir recourse to the courts.

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Click here for Bill

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The (Home Remediation-Pyrite) Bill 2012 will ensure thathomeowners have significantly more time to address the issue due tothe Statute of Limitations coming into effect after Pyrite has beenindependently identified following and an approved Pyrite test.

Senator Darragh O’Brien,Senator Thomas Byrne,Senator Averil Power,Senator Diarmuid Wilson,

July, 2012.

Wt. —. 629. 7/12. Clondalkin Pharma and Healthcare. (X59931). Gr. 30-15.

statute of limitations (amendment) (home remediation-pyrite) bill 2012

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