A HIGH Court judge has ordered that two properties be vacated after being informed that the Fire Service believes they represent “a clear and present danger” to their occupants.
One of properties, both of which are located on Dublin’s north side, was described in court as a shed heated by an oven, with three adults and an 18-month-old child living in it. The court also heard that a fire had occurred at the other premised, which is divided into a number of flats.
Mr Justice Patrick McCarthy yesterday granted Dublin City Council interim injunctions against the landlord of the properties, Kevin Galvin, Furrypark Road, Killester, directing that all the residents at 116 Cabra Park and those living in a unit to the rear of 41 Phibsboro Road be vacated.
The court also granted the council permission to bring proceedings in relation to another property owned by Mr Galvin, at 73 Cabra Park.
The judge made all matters, which were granted on an ex-parte (one side only) basis returnable before the High Court next week.
James Connolly SC, appearing with Karen Denning for Dublin City Council, said this was an unusual application but was being brought under section 23 of the 1981 Fire Safety Act because of the “seriousness” of the situation.
Mr Connolly said that an executive fire prevention officer had deemed that the premises are a “fire hazard” and a risk to the occupants. He said that fire safety officials had concerns about emergency lighting, lack of fire extinguishers, properly working fire alarms, doors and windows of the properties owned by Mr Galvin.
Mr Connolly added that both properties had been subject to fire safety notifications issued in April of 2008.
Mr Connolly said despite the fact that matters had been before the District Court following inspections carried out this month, officials believed the notifications had not been complied with.
In relation to 41 Phibsboro Road, he said three adults and an 18-month-old child, believed to be Romanian nationals, were found to be living in a shed in the yard beside the main house.
Mr Connolly said the people there were using an oven to heat the unit and the yard outside was covered in clutter, which also presented a fire hazard.
He added that following an inspection of 116 Cabra Park, fire safety officials had concerns over the wiring, lack of emergency lighting and fire alarm.
Mr Connolly also said that one of the occupants asked the officials to inspect their apartment. He said they found an electricity distribution board in the apartment which from the blackened marks they believed had caught fire. The court also heard that the fire brigade had not been contacted about that fire.
Mr Connolly said Dublin City Council wanted the premises vacated and it was its view that Mr Galvin was obliged to provide accommodation for those affected by the orders.