Legal & Regulatory Flashcards
(128 cards)
1
Q
Scotts Park - What areas of work did you specify to be tested for asbestos?
A
- Gaskets to aged rooflights
- Cementitious grouting around high level windows
- External cladding boards
- All layers of the roof build-up:
o Bituminous felt
o Paper membrane
o Polystyrene insulation
2
Q
SP - What did you include within your pre-construction information?
A
- Details of the project team and description of the project
- Client’s considerations and management requirements
o Structure & organisation – e.g. fortnightly site meeting to discuss H&S, minimising accidents / injuries, hot works permit, site rules, nearest hospital, etc. - Existing on site risks
o Boundaries & access, adjacent land use, existing hazards, location of services - Significant design & construction hazards
o Securing of the site, manual handling, working at height, asbestos - H&S file – general guide of contents
o Brief description of work carried out
o Managing residual risks (e.g. asbestos, location of services)
o Including insurance-backed guarantee
o Potential hazardous materials – e.g. hazardous substances, lead paint - Method statements
o Working in / above occupied building
o Working at height
o Hot working
o Replacing rooflights
o Asbestos
o Noise / dust / vibration
3
Q
SP - What did you advise on RAMS?
A
- Working in / above occupied building:
o Secure site area with fencing / barriers
o Secure tools within site area in locked container
o Materials safely stored in locked container
o DBS Enhanced details of all operatives issued to client recorded on file
o Photo ID carried at all times
o Daily monitoring & house-keeping - Working at height
o Scaffold access tower with perimeter handrail – checked weekly
o Brick guards / debris netting
o Fenced off drop zones
o Access ladders secured at the end of each day - Hot works
o Hot work permit checked / recorded daily
o Fire extinguisher held in hot work areas
o 1 hour fire watch after each working day
o Gas canisters secured in container each night
o Check torch free zones within spec before commencing - Replacing rooflights
o Lock off / secure area below
o Cover opening with 18mm ply
o Prepare timber kerbs in safe place away from opening
o Crash deck / mobile tower provided below rooflight
o Regularly check area below is secured / locked off - Manual handling
o Operatives to receive training
o Mechanisms to lift & shift – barrow / hoists
o Task rotation with other operatives
o Safety boots & gloves worn
o Check access routes are safe and ground OK to walk on - Asbestos
o R&D undertaken before works commence
o Existing asbestos register checked
o Asbestos awareness training taken yearly
o Method statement includes asbestos info
o Site inductions undertaken
o Stop works IMMEDIATELY if asbestos suspected - Noise / dust / vibration
o Screen work area – debris netting / monoflex
o Tools with noise / dust suppression features
o Eye and ear protection
o Face mask and anti-vibration gloves
o Windows / doors kept closed
o AC units switched off
o Frequent breaks and rotate work
4
Q
SP - What PPE were the operatives required to wear?
A
- Hard hats, hi-vis, safety boots, gloves, face mask & eye protection
5
Q
SP - What works were the operatives doing when the works were stopped?
A
- Operating hot torches without wearing gloves, hi-vis or safety goggles
6
Q
SP - Where was the site foreman?
A
- In the site hut on the phone
7
Q
SP - Where was the site foreman?
A
- In the site hut on the phone
8
Q
What is the purpose of the Health and Safety at Work Act 1974?
A
- Defines fundamental structure and authority to encourage, regulate and enforce workplace, health, safety & welfare within the UK
- Securing health, safety and welfare of persons at work
- Protecting person, other than those at work, against risks to H&S arising out of the activities of persons work
- Controlling the use of explosive, flammable or otherwise dangerous substances and preventing unlawful acquisition, possession and use of such substances
9
Q
What are the duties of employers under the H&S Act 1974?
A
- Provision / maintenance of plant and systems so far as is reasonably practicable
- Ensuring safety and absence of risks to health in use, handling, storage or transport of articles / substances
- Provision of instruction, training and supervision to ensure H&S of employees
- Maintenance of access / egress
- Provision / maintenance of working environment for employees without risks to H&S, and arranging for appropriate welfare
10
Q
What was the purpose of the building act 1984?
A
- Primary enabling legislation under which the building regulations are made, empowers the secretary of state to make regulations.
- Oblige local authorities to enforce the regulations
- Creates the role of approved inspector
11
Q
What is the process for appointing approved inspectors?
A
- To ensure works undertaken are in line with building regulations
- To typically receive quicker responses / inspections than directly with the local council
- Typically are cheaper than directly with the local council
12
Q
Coopers - Why did you advise a planning application was required?
A
- Grade II listed and within a conservation area
13
Q
Coopers - What was the change of use?
A
- Change from residential (caretaker’s flat) to an office space for expanding admin team
- C3 (residential) to mixed use / school use
14
Q
Coopers - What did the planning application involve?
A
- Applicant name and address, agent name and address (I acted at the agent)
- Description of the proposed works
- Site address details
- Pre-application advice
- Pedestrian and vehicle access, roads and rights of way
- Waste storage and collection
- Authority employee / member
- Demolition
- Listed building alterations
- Listed building grading
- Vehicle parking
- Materials
- Existing use
- Design & access statement
15
Q
Coopers - What did you include in your design and access statement?
A
- Location of site
- Physical context
o Adjacent roads, location within Bromley, adjacent buildings on the site
o Original use of the building – Coach House for the estate’s horses - Heritage context
o Listed as Grade II in 1954
o “Now a girl’s school. Mansion built by Francis Cooper dating in C18, additions in C19, painted string course on road front, doorway with pilaster strips and cornice
o Conservation area – Chislehurst – C18 village, affluent Victorian / Edwardian suburb - Significance
o Originally built in C18 by Francis Cooper, converted into girl’s school in 1939
o Located between Chislehurst Common and National Trust Hawkwood Estate, above Chislehurst Caves
o Became Coopers School in 1969m allowing intake of boys - Proposals
o Change of use from residential to offices – converting first floor from caretaker’s living area to 4no. offices
o Installation of 2no. WCs into ground floor store rooms
o Installation of LED lighting throughout and new plumbing channels for WCs
o New kitchenette on first floor for office staff
16
Q
What are the six pack regulations?
A
- Management of Health and Safety at Work Regulations
- Provision and Use of Work Equipment Regulations
- Manual Handling Operations Regulations
- Workplace (Health, Safety and Welfare Regulations)
- Personal Protective Equipment (PPE) Regulations
- Display Screen Equipment (DSE) Regulations
17
Q
You identify site operatives not using PPE, What do you do?
A
- Immediately request they stop working and move to a safe area
- Instruct the site manager to undertake a toolbox talk on the requirement for PPE
- Ensure the risk assessments and method statements are understood by the operatives undertaking the work.
18
Q
What is RIDDOR?
A
- Reporting of Injures, Diseases and Dangerous Occurrences Regulations 2013
19
Q
When should a RIDDOR report be submitted?
A
- Death of any person
- Specified injuries to workers i.e. fractures, amputations, crushing and burns
- Seven day incapacitation of a worker
- Non-fatal accidents to members of the public
- Specified dangerous occurrences i.e. plant or equipment touching power lines
- Diagnosis of an occupational disease
- Gas incidents i.e. death, lost consciousness, taken to hospital
20
Q
What occupational diseases are you aware of?
A
- Carpel Tunnel
- Asbestos related diseases
- Occupational cancers
- Dermatitis
- Hand arm vibration
21
Q
What is Asbestos?
A
- Asbestos is a set of six naturally occurring silicate minerals
22
Q
Why is asbestos dangerous?
A
- Asbestos can cause the following fatal and serious diseases:
- Mesothelioma – cancer affecting the lung lining and lower digestive tract
- Asbestos related lung cancer
- Asbestosis – scarring of the lung tissue
- Pleural thickening – lung lining swells
23
Q
Why was asbestos used?
A
- Popular in the late 19th century
- Properties include; sound absorption, tensile strength, resistance to fire, heat, electrical and chemical damage.
24
Q
When was asbestos banned?
A
- Blue and Brown banned in 1985
- White Asbestos banned in 1999
25
What is the HSE Guidance relating to asbestos?
- L143 – Control of Asbestos Regulations 2012
- HSG247 – Asbestos: The licensed contractors’ guide
- HSG210 – Asbestos Essentials
26
What types of Asbestos are you aware of?
- Chrysotile – White
- Crocidolite – Blue
- Amosite – Brown
- Tremolite
- Actinolite
- Anthophyllite
27
Where is asbestos likely to be found?
- Roof sheets, insulation board, laggings, tiles, gaskets, pipe insulation
28
What types of asbestos have a higher potential for fibre release?
- High: Asbestos pipe lagging, sprayed asbestos, loose fill
- Medium: AIB, Rope, Gaskets
- Asbestos Cement, paints, plasters
29
What regulations are you aware of in connection with asbestos?
- Control of Asbestos Regulations 2012 (CAR), under the umbrella legislation of H&SWA 1974.
30
Who is a Duty holder?
- The duty holder is the person responsible for the management of asbestos is non-domestic premises.
- Regulation 4(1) define this as ‘every person who by virtue of contract or tenancy, has an obligation for the repair or maintenance of those premises.’
31
What types of Asbestos Survey are you aware of?
- Management Survey
- Refurbishment and Demolition Survey
32
What is a management survey?
- The purpose is to locate the presence and extent of ACMS in a building that could be damaged or disturbed during normal occupancy, and assess their condition and ability to release fibres into the air.
33
What is a Refurbishment and Demolition Survey?
- Required before any work can be carried out
- Purpose is to locate ACMs in the area where the works will take place, will be fully intrusive and involve destructive inspection.
34
Who can undertake an Asbestos Survey?
- Can be carried out by in-house personnel or a third party, but the surveyor must be competent for the work required.
35
Define competence?
- Have sufficient qualifications, training, knowledge, experience and ability to carry out their duties in relation to the survey and recognise their limitations.
- Carry out the survey in accordance with the recommended guidance
- Demonstrate independence, impartiality and integrity
36
What are the two types of sampling for asbestos?
- Bulk sampling – taking physical samples of materials
- Air sampling – using a pump to filter a known volume of air and determine the amount of airborne respirable fibres
37
Why air sample asbestos?
- To assess compliance with control limits; 0.1 f/mL over 4 hours, or 0.6 f/mL over 10 minutes
- F/mL = F/cm3
38
How would you know an area is clear of asbestos once the removals have taken place?
- The issue of a Certificate of Re-occupation
- Issued once the level of fibres is below the control limit of 0.01 F/cm3
39
What is licensable Work?
- Where work is not sporadic and low intensity
- Where the risk assessment cannot demonstrate that the control limit of 0.1f/cm3 over a 4 hour period will not be exceeded.
- Work on asbestos coating applied for fire, heat or sound insulation.
- On AIB where the work is not low intensity or short duration and the control limit will be exceeded.
40
What work does not usually require a licence from the HSE?
- Small, short duration work where the control limit of 0.6F/cm3 over a 10 minute period will not be exceeded
- Work on asbestos cement products or other materials where the fibres are bonded in matrix.
41
What is short duration for asbestos?
- The total time spent by all workers does not exceed two hours in a seven day period, including all setting up, cleaning and clearing etc., and no one person works for more than one hour in a seven day period.
42
What is NNLW?
- Non-notifiable licensed work
- Examples; removal of asbestos cement products that are substantially damaged or broken, short duration work on AIB,
43
When does the HSE need to be notified of works with asbestos?
- When undertaking Licensable work and NNLW
44
How do you notify?
- Licensable Works: submit an ASB5 form to the HSE at least 14 days prior to the works.
- NNLW: submit an ASB NNLW1, works can start as soon as the form is submitted
45
What information is required on the ASB5 Form?
- Licence number
- Job details – site address, site supervisor, person preparing the plan of work
- Timing and duration of work
- About the work, ACM type, condition of asbestos
- Control measures and risks
46
What is RPE?
- Respiratory protective equipment
47
What are the suitable types of RPE?
- Has a UK-assigned protection factor (APF) of 20 or more
- FFP3 or FMP3 disposable respirator
- Semi disposable or half mask respirator with a P3 filter.
48
What control conditions need to be in place for asbestos removal?
- Planned work area, waste transit routes.
- Decontamination unit
- Enclosures under negative pressure and connected to the Decontamination Unit where possible
- Three stage air lock and decontamination shower facilities
49
What is the disposal process for asbestos?
- Waste must be double wrapped and labelled
- Placed in a sealed skip whilst on site
- To transport, a waste carriers licence is required
- Can only be disposed at a licenced waste management facility
- Completion of a Waste Consignment Note
50
What paperwork should licensed contractors provide?
- Insurances, test certificates of equipment, method statements, maintenance records, site log, face fit records, training records, RPE inspections, copy of licence, ASB5 notification, Risk Assessments, smoke test certificate.
51
What is the purpose of the smoke test for asbestos enclosure?
- Smoke testing to confirm the enclosure is sealed and negative pressure
- Show the routes of air circulation within the enclosure
- Confirm air changes within the enclosure
- HSE Research document RR988 – ventilation of enclosures for asbestos removals.
52
What would you need to see upon completion of the asbestos removals?
- A certificate of re-occupation
- Should be assessed by an independent organisation accredited by UKAS
- Includes air sampling, the value of 0.01 fibres/ml is taken as the clearance indicator threshold.
53
Where would you find asbestos in a 1960’s building?
- Roof sheeting/tiles
- Guttering and drainpipes
- Wall cladding
- Lagging on Boiler and pipework
- Paper lining to lagging
- Gaskets
- Rope seals
- Flues
- Spray coatings to ceilings, walls and beams
- Loose insulation to ceilings, wall and roof cavities
- Ceiling tiles
- Texture ceiling finishes
- Panelling to internal walls
- AIB boards
- Floor tiles, lino
- Fire blanket
- Water tank
54
Are there any exemptions to the control of asbestos?
- Yes, The REACH Enforcement (Amendment) Regulations 2013 grants the Health and Safety Executive (HSE) the powers to issue an exemption from the prohibition of placing the on the market ACMs.
- The HSE has granted class exemption certificates for the following:
Heritage Vehicles
Acetylene Gas Cylinders
Museum Sector
55
What is Legionella?
- Bacteria common in natural water sources and found in purpose built water systems in buildings.
56
What is Legionnaires’ disease?
- Potentially fatal form of pneumonia
57
Can you name any legionella risks?
- Water stored or recirculated
- Water temperature in all or part of a system is between 20-450C
- It is possible for water droplets to be produced and dispersed i.e. showers.
58
What is the umbrella legislation?
- Health and Safety at Work Act 1974
59
What other regulations are you aware of?
- The management of health and safety at work regulations 1999
- Control of Substances Hazardous to Health Regulations 2002
60
What are the duties of the Dutyholder for legionella?
- Take suitable precautions to prevent or control the risk of exposure to legionella
- Carry out risk assessments
- Implement measures to eliminate or control risks.
61
What are the typical control measures for legionella?
- Cold water systems should be maintained at a temperature below 20oC
- Hot water should be stored at 60oC and distributed so that it reaches a temperature of 50oC (55 in healthcare premises) within one minute at the outlets
- Cold water should remain under 20oC over a two minute period
- Tests should be undertaken at the sentinel outlet
62
What records should be kept for legionella?
- Records have to be kept if there are more than five employees
- Retained for two years, monitoring has to be retained for five years
- Person responsible for conducting an implementing the risk assessment
- Results of monitoring, dates, and any resulting corrective actions.
63
What is the party wall etc. act 1996?
- Provides a framework for building owners to undertake construction works on, or in close proximity to, the boundary between adjoining properties.
- It is an “enabling” act.
64
What is the aim of the PW act?
- To enable an owner to undertake certain works on, or adjacent to, adjoining properties.
- Gives protection to potentially affected adjoining owners.
65
Who is an owner under the PW Act?
- Someone with more than a yearly tenancy.
- There may be more than one owner, e.g. a freeholder and long leaseholder
66
What are the types of party wall?
- Type A – A wall which forms part of a building which stands on the land of two owners to a greater extent than its foundations
- Type B – A wall standing on the land of one owner which separates the buildings of two owners
67
What is a party structure?
- Defined as a party wall, floor or partition separating different parts of a building with separate entrances.
68
What is a party fence wall?
- A free-standing wall that is not part of a building and stands astride the boundary
69
Who is the building owner?
- The person or company who initiates the work on their side of the wall
70
PW - what are special foundations?
- Foundations in which an assemblage of beams or rods is employed for the purpose of distributing any load.
71
What are the works carried out under the PW Act?
- Line of junction – Section 1
- Party structure – Section 2
- Adjacent excavation – Section 6
72
What works are covered by a line of junction notice?
- Construction of;
A party wall
A party fence wall
A boundary or external wall on the building owners land up to the boundary.
73
When must a line of junction notice be served?
- Served by the building owner at least one month before the intended start date for the works
- Should state; access requirements, describe the intended wall and state the intention to lay projecting foundations
74
If the adjoining owner does not give consent to building astride the boundary, what must the building owner do?
- Build the wall entirely on the building owners land
- Projecting footings may be placed providing these are not “special foundations”
75
What works are included under party structure notices?
- Underpinning
- Thickening
- Raising
- Repairing
- Demolishing and rebuilding
- Rebuilding
- Cutting into
- Cutting away/cutting off projections
- Reducing the height of; and
- Exposing
76
When should a party structure notice be served?
- The building owner must serve the notice on the adjoining owner 2 months before the intended start date for the works.
77
What are the two types of adjacent excavation notices?
- Section 6(1)
- Section 6(2)
78
What is a section 6(1) excavation?
- Excavations within 3m of a building to a lower level than the bottom of the foundations of the adjoining building.
79
What is a section 6(2) excavation?
- Excavations within 6m of a building that will cut a line drawn downwards at 45 degrees from the bottom of the existing foundation, taken from a point in line with the outside face the building.
80
When should adjacent excavation notices be served?
- The building owner must serve notice of adjacent excavations on any adjoining owners at least one month before the intended start date for the works.
81
How is a notice served?
- Methods of service are stated in section 15 of the act, these are as follows:
Delivering it in person
By posting to the last known UK residence or place of business
Delivering to the secretary or clerk of a corporate body
82
What are the contents of a valid notice?
- Must be in writing.
- Give the name and address of building owner or owners.
- Be signed and dated.
- Be properly served.
- State the nature and particulars of the works.
- Be accompanied by plans and sections.
83
How can a neighbour respond to the notice?
- Give consent to the works
- Dissent to the proposed works
- Do nothing
84
What happens when the adjoining owner does nothing?
- After a period of 14 days the adjoining owner has done nothing then a dispute has arisen
85
What happens when the parties are in dispute?
- Both parties can agree on a single surveyor to resolve their difference
- Or each party appoints a surveyor and the two surveyors select a third surveyor
- All appointments need to be in writing
- An appointment can only be rescinded if the surveyor refuses or neglects to act or becomes capable of acting
- The surveyors resolve the disputes in the drafting of the awards
- If the surveyors are unable to reach agreement then the matter can be referred to the third surveyor who will make the necessary award.
86
What is the first actions the appointed surveyors must undertake?
- Appoint the third surveyor
87
What is typically contained within a party wall award?
- Description of the works
- Drawings of the notifiable works
- Method statements for undertaking the works:
Working hours for noisy works
Details of temporary protection
Security arrangements
Details of access to adjoining owners land
- Details on the contractors insurances
- Schedule of condition for the adjoining property
88
What happens if there is design changes after the awards have been issued?
- The additional works can either be agreed by the parties, as set out in section 7(5) of the Act.
- Where there is no agreement then it can be determined between the surveyors in an ‘addendum award’
89
When can an owner appeal to an award?
- An owner can appeal to the county court within 14 days from which an award is made.
90
How is an award enforced?
- A valid award creates legal obligations between the parties
- A breach of the terms therefore creates a legal liability, which can form the basis for court action by an aggrieved party
- Recommend client obtains legal advice in respect of enforcement of any part of an award.
91
A client wishes to progress works without serving party wall notices, what is your advice?
- Advise that the act allows protection to the building owner, not just the adjoining owner.
- The adjoining owner will be able to apply for an injunction in the county court to stop the works.
- The building owner may be liable for damage to adjoining properties, as no schedule of condition would be available.
92
Who pays for the works and the Adjoining Owners surveyor?
- The building owner pays as they initiated the work, unless the works are the benefit of both parties then the AO may be asked to contribute.
93
CDM - What are is the relevant regulation?
- Construction (Design and Management) Regulations 2015
94
What is the purpose of the regulations?
- CDM aims to improve health and safety in the industry by:
Having the right people for the right job at the right time
Co-operate and co-ordinate work with others
Have information about risks and how they are being managed
Plan the work so the risks are managed
Consult and engage with workers about risks and how they are being managed.
95
When do the CDM Regulations Apply?
- Always
96
What are the General Principles of prevention?
- Avoid risks where possible
- Evaluate those risks that cannot be avoided
- Place in proportionate measures that control them at source
97
Who are the duty holders defined under the Regulations?
- Clients
- Domestic Clients
- Designers
- Principal Designers
- Principal Contractors
- Contractors
- Workers
q
98
What are the duties of Clients?
- Ensure other duty holders are appointed
- Sufficient time and resources are allocated
- Ensure Relevant information is prepared and provided to other duty holders
- Ensure The Principal Designer and Principal Contractor carry out their duties
- Ensure Welfare facilities are provided
99
What are the duties of Principal Designers?
- Plan, manage and monitor the pre-construction phase and co-ordinate matters relating to Health and Safety
- Produce the pre-construction information
- Update/prepare the H&S File
- Ensure designers comply with their duties
- Liaise with the Principal Contractor for the duration of the appointment.
100
What are the duties of Principal Contractors?
- Plan, manage, monitor and co-ordinate health and safety in the construction phase of a project.
- Preparing the Construction Phase Plan
- Ensure suitable site inductions are provided
- Ensure reasonable steps are taken to prevent unauthorised access
- Ensure welfare facilities are provided
- Liaise with client and principal designer
101
What is the Pre-Construction Information?
- Information in the clients possession which is easily obtainable and relevant to construction work, it may include:
- Details of the project team
- Information on asbestos, existing structures, access arrangements, fire precautions, emergency procedures, clients activities.
- Risks identified during design
102
When are construction projects notifiable under the CDM regulations?
- Last longer than 30 working days and have more than 20 workers working simultaneously at any one point; or
- Exceed 500 person days
103
Who notifies the HSE?
- Notification is the responsibility of the Client
- In practice, the client may request someone else to do this on their behalf.
104
What information is displayed on an F10 form?
- Address of the site
- Description of the project
- Start date, duration, time allowed by the Client, number of people
- Names, addresses and contact details of the duty holders.
105
What information would you expect to find in a Construction Phase Health and Safety Plan?
- Project details
- Programme and key dates
- Site induction process and on-site training
- Welfare facilities
- Site rules
- Management structure
106
What is a Health and Safety File?
- A record of information to manage H&S risks during future repair, construction work or demolition
107
When is a health and safety file required?
- Only required for projects involving more than one contractor
108
What would you expect a Health and Safety file to contain?
- A description of the work carried out
- Details on residual risk and how thy have been dealt with
- Key structural principles
- Hazardous materials used
- Nature, location and markings of significant services
- Information and as built drawings of the building, plant and equipment.
109
What would you expect to find in the Building Manual/O&M Manual
- THE WORKS:
Description of the buildings and facilities
Health and Safety information
The Contract/Project Particulars
Operational requirements and constraints of a general nature:
Maintenance contracts and contractors.
Fire safety strategy for the buildings and the site.
Description and location of other key documents.
- BUILDING FABRIC:
Detailed design criteria, including:
Floor and roof loadings.
Durability of individual components and elements.
Loading restrictions
Insulation values.
Fire ratings.
A detailed description of methods and materials used.
As-built drawings
Information and guidance concerning repair, renovation or demolition/deconstruction.
Periodic building maintenance guide chart.
Inspection reports.
Manufacturer’s instructions index, including relevant COSHH data sheets and recommendations for cleaning, repair and maintenance of components.
Fixtures, fittings and components schedule and index.
Guarantees, warranties and maintenance agreements – obtain from manufacturers, suppliers and sub consultants
Test certificates and reports required in the specification or in accordance with legislation, including: Air permeability, Resistance to passage of sound, Continuity of insulation, Electricity and Gas safety.
- BUILDING SERVICES:
Detailed design criteria and description of the systems, including:
Services capacity, loadings and restrictions
Services instructions.
Services log sheets.
Manufacturer’s instruction manuals and leaflets index.
Fixtures, fittings and component schedule index.
Detailed description of methods and materials used.
As-built drawings for each system recording the construction, together with an index, including:
Diagrammatic drawings indicating principal items of plant, equipment and fittings.
Record drawings showing overall installation.
Schedules of plant, equipment, valves, etc. describing location, design performance and unique identification cross referenced to the record drawings.
Identification of services – a legend for colour coded services.
Product details, including for each item of plant and equipment:
Name, address and contact details of the manufacturer.
Catalogue number or reference.
Manufacturer’s technical literature, including detailed operating and maintenance instructions.
Information and guidance concerning dismantling, repair, renovation or decommissioning.
Operation: A description of the operation of each system, including:
Starting up, operation and shutting down
Control sequences
Procedures for seasonal changeover
Procedures for diagnostics, troubleshooting and fault-finding.
Guarantees, warranties and maintenance agreements – obtain from manufacturers, suppliers and subcontractors.
Commissioning records and test certificates list for each item of plant, equipment, valves etc. used in the installations – including:
Electrical circuit tests.
Corrosion tests.
Type tests.
Work tests.
Start and commissioning tests.
Equipment settings: Schedules of fixed and variable equipment settings established during commissioning.
Preventative maintenance: Recommendations for frequency and procedures to be adopted to ensure efficient operation of the systems.
Lubrication: Schedules of all lubricated items.
Consumables: A list of all consumable items and their source.
Spares: A list of recommended spates to be kept in stock, being those items subject to wear and tear or deterioration and which may involve an extended delivery time when replacements are required.
Emergency procedures for all systems, significant items of plant and equipment.
Annual maintenance summary chart.
110
How are the CDM regulations enforced?
- Under the Health and Safety at Work Act 1974
- Improvement notice
- Prohibition Notice
111
Planning - What planning legislation are you aware of?
- Town and Country Planning Act 1990
- Localism Act 2011
- National Planning Policy Framework
- Growth and Infrastructure Act 2013
112
What are the typical timescales for obtaining planning permission?
- 8 weeks for an application for development which is not major development, commencing the day following the application being received by the local authority.
- 13 weeks for an application for major development
113
What is a major development?
- Examples include:
1. Development of 10 or more dwelling houses
2. Provision of buildings where the floor space is to be 1,000 sq.m or more
3. Mineral extraction
4. Waste development
5. Works on a site larger than 1 hectare
114
What legislation governs the time periods?
- The Town and County Planning (Development Management Procedure) (England) Order 2015
115
What recourse is available to you if your application is rejected?
- Consult with the local authority planning department.
- If I believe the authority’s decision is unreasonable, an appeal can be made to the secretary of state. An appeal form is submitted with the details of my application. A decision is usually made within 19 weeks.
- If I disagree with the appeal decision it can be challenged in the High Court.
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What types of planning enforcement action can be taken?
- Planning contravention notice to request information from the recipient.
- Issue of an enforcement notice requesting the breaches are remedied, once the period for compliance has elapsed the guilty party is liable on conviction to an unlimited fine.
- Planning enforcement order – used when a person deliberately conceals development, notwithstanding any time limits that may have expired.
- Stop Notices can be issued
- Breach of condition notice
- Right of entry – to ascertain of there is or has been any breach of planning control.
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Is there a limit to enforcement actions?
- In most cases – within Four years of substantial completion for a breach of planning control considering of operational development. – i.e. alterations, structural, rebuilding and demolition
- Four years for an unauthorised change of use to a single dwelling house.
- 10 years for any other breach of planning control.
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What types of planning conditions are you aware of?
- Pre-commencement conditions
- Conditions related to time limits
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How would you discharge these conditions?
- Requests for approval must be made to the local authority in writing, enclosing any relevant details
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Give examples of work where planning permission is required?
- New build construction on a vacant site
- New build extension that is not a permitted development
- Change of use that is not a permitted change of use
- Installation of a fence over 1m high next to a highway used by vehicles, over 2m high elsewhere.
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What information needs to be included on a planning application?
- Name of client
- Name of agent
- Site address
- Details of the works
- Details of proposed materials
- Plans and elevation drawings
- Design and access statement
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What is a design and access statement?
- A short report accompanying a planning application, it explains how a proposed development is a suitable response to the site and its setting
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What is permitted development?
- Allows householders to improve or extend their homes without the need to apply for planning permission, examples:
1. Extensions that do not exceed 50% of the curtilage of the original building.
2. Extend to the side by 3m to a maximum height of 4m and a width of no more than half of the original building.
3. Construct outbuildings as long as they do not cover 50% of the garden space.
4. Changes of use that do not require planning permission
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What is an article 4 direction?
- Under the Town and Country Planning (General Permitted Development Order) 1995, the direction removes all or some of the permitted development rights on a site.
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Can you give examples of changes of use that do not require planning permission?
- A1 (shops) to A2 (Professional and Financial Services) and vice-versa.
- A3 (restaurants and cafes) to A1 or A2
- B2 (general industrial) to B1 (Business)
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What is a section 106 agreement?
- A planning obligation to enable the local authority to secure, or the developer to offer, restrictions on the use of the land or the operation of the development or to make contributions towards the local infrastructure and facilities.
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What is the Community Infrastructure Levy?
- Introduced by the Planning Act 2008.
- A levy that Local Authorities can choose to charge on new developments in order to fund new infrastructure and services
- Applies to most new development which creates net additional floor space of 100 sq.m or more, or creates a new dwelling.
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Are there any exemptions?
- Yes:
- Minor development exemption (under 100sq.m)
- Self-build exemption (Whole house, annex or extension)
- Social Housing Relief.
