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'If this balcony had been built as designed, this would not have happened'

California’s licencing board said that Segue Construction failed to follow building plans during construction.

THE STATE OF California has revoked the licence of a building contractor, which was found to have “willfully ignored” building plans which resulted in the death of six people, including five Irish nationals, when a balcony collapsed in June 2015.

All aged 21 and 22, Irish students Olivia Burke, Eoghan Culligan, Niccolai Shuster, Lorcan Miller, Eimear Walsh and Irish-American Ashley Donohoe died when a balcony collapsed during a party at an apartment in the US city of Berkeley, California.

They had been on a J1 for the summer, and attended UCD.

Yesterday, Segue Construction of Pleasanton agreed to the terms of a settlement with the California Contractor’s State Licensing Board (CSLB) after it stood accused of using cheaper, weaker material on the balcony than the building plans specified.

The company both diverted from the plans and specifications, and departed from accepted trade standards, according to the CSLB.

Under the terms of the agreement reached:

  • Segue Construction has had its licence revoked. It cannot apply for its reinstatement for the next five years.
  • The company’s CEO and President between 1992 and 2008, Kirk Alan Wallis, has agreed to pay almost $100,000 to the CSLB to reimburse its investigating costs, before the company can be issued a new licence.
  • The company’s “Responsible Managing Officer” (RMO) between 2008 and 2016, David Michael Dunlop, must pay the CSLB $15,000 before a new licence can be issued.
  • For the pair to be associated with any future California contractor’s licence, it must pay the State bonds between $15,000 and $150,000 that would held for at least two years.

In the state’s documents, it detailed how the company entered into a contract to construct the Library Gardens Apartments in 2005, and completed the project in 2007.

Instead of using “three/four-inch plywood as called for in the plans and specifications” for the balconies, three layers of oriented strand board (OSB) was used instead.

This was despite the project plans stating that “OSB is not an acceptable substrate”.

Also, the building specification of a “sacrificial membrane” to be applied to the balcony deck prior to final waterproofing was not applied, and over 38 inches of rain fell in the area during the construction phase.

Furthermore, it was the state’s case that if the balconies had been built as per the plans and specifications, the balcony would not have collapsed:

Design and load analysis of the balcony established that if the balcony had been built as designed, the imposed load of the 13 students was well within the design limits of the balcony.

“Forensic examination of the cantilever balcony established the existence of dry rot/decay of the balcony deck joints and the three layers of OSB that were in direct contact with the balcony desk joints.

It was the decay of the joints that caused the balcony to collapse on 16 June, 2015.

In September, California passed legislation that would enforce greater regulation and oversight of construction procedures.

Read: ‘The balcony collapse that killed my daughter was not an isolated event’

Read: ‘My daughter and her friends should still be alive’

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    Mute The Snowball Effect
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    Jan 2nd 2015, 11:29 AM

    Whats worse is there is Eastern European gangs whose sole reason for living in this country is to rob left right and center, if we give a description we are called racist

    Unbelievable

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    Mute Peter Derbyshire
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    Jan 2nd 2015, 9:44 AM

    How does one access the approved local community contact?

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    Mute Tom Red
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    Jan 2nd 2015, 9:51 AM

    This would be very handy ,
    only some P***k nicked my mobile phone. …

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    Mute Tom Fennelly
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    Jan 2nd 2015, 9:47 AM

    And if the Gardai do eventually come out to your home and find you are having your lock repaired by someone or a decent neighbour who are not members of the Private Security Authority you get fined €3,000 and your neighbour €10,000. Cut the quangos and jail the criminals instead.

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    Mute youknowimright
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    Jan 2nd 2015, 9:49 AM

    Fined by who? What?

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    Mute Tom Fennelly
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    Jan 2nd 2015, 10:48 AM

    Private Security Authority. It’s the law. You cannot have a window lock, door lock, or CCTV fitted by anyone unless they are members of the PSA. You end up with a criminal record as happened in a Navan restaurant before Christmas. If your parents are living down the country and you send them a Plug & Play CCTV recorder and four cameras they can’t plug it in. That is the law/ Go to the PSA website and see it and maybe encourage some of the red thumbers who dont realize it to have a look as well.

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    Mute David Conroy
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    Jan 2nd 2015, 10:54 AM

    Thankfully we do not live in a country that enforces it’s laws. Stick up your own CCTV system, it’ll be grand !!

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    Mute Bob Goodbear
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    Jan 2nd 2015, 11:55 AM

    I must look it up. I had heard that about alarms alright but not locks etc. On what grounds are you breaking a law? I could just about understand an insurer trying to use it as an escape route to not paying out if you had a break in. I can understand if it was a strong recommendation but breaking the law, how?
    Off now to do some reading up.

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    Mute Tony Tee
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    Jan 2nd 2015, 12:31 PM

    Thats rubbish Tom…..you are not allowed supply safes, locks, CCTV etc commercially without being licensed. The guy prosecuted was trading without the necessary license. There is nothing to stop a individual installing their own CCTV or changing their own locks.

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    Mute Reg
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    Jan 2nd 2015, 10:07 AM

    On a related note, I was looking for a map that shows which Garda stations are responsible for particular areas in Dublin. Anyone know of one? You’d think that something like this would be easily available but it doesn’t seem to be.

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    Mute Lára de Siúin
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    Jan 2nd 2015, 11:38 AM

    Ring any Dublin station and ask who covers whatever area you’re looking to know about… Surely you’d have a rough idea who covers where?!

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    Mute Greg O'Dubhuidhe
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    Jan 2nd 2015, 12:07 PM

    The Garda site used to have it until the update. Perhaps they thought it might aid criminals? There is a Google maps option on the site that will give an indication of your nearest one.

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    Mute Eoin Cowan
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    Jan 2nd 2015, 9:49 AM

    My phone will be hopping so, I live in town!!!!

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    Mute www90
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    Jan 2nd 2015, 3:43 PM

    Im staying in Wexford for the weekend wat a joke

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