Level 1 Flashcards
How did you ensure a contractor is competent to complete scaffolding work?
- Registered with National Access & Scaffolding Confederation
- Design work to relevant British standards and in line with working at height regulations
What are the CDM regs?
The main piece of legistlasion surrounding health, safety and welfare on contruction sites.
- Plan
- Right people
- Co ordination
When does CDM apply?
All construction works other than DIY..
Construction works defined as?
- Construction, alteration, conversion, fitting out, renovation, repair, commissioning, upkeep, redecoration, demolition, or dismantling of a structure
- Preparation for an intended structure, including site clearance, investigation, excavation
- Assembly on site of pre fab elements
- Installation, commissioning, decommissioning, maintenance or repair of M&E services
Who is the duty holder under CDM and what are their responsibilities?
Main Duty Holders:
Client.
Principal Designer.
Principal Contractor.
Additional Duty Holders:
Designers.
Contractors.
What are the clients duties under CDM 2015?
Make sure:
- other duty holders are appointed as appropriate
- relevant information is prepared and provided to other duty holders
- the principal designer and principal contractor carry out their duties
- Issue the F10 notice to HSE if required
- sufficient time and resources are allocated
- welfare facilities are provided
What are the Principal designers duties?
Plan, manage, monitor and coordinate health and safety in the pre-construction phase of a project. This includes:
- identifying, eliminating or controlling foreseeable risks
- ensuring designers carry out their duties
- Prepare and provide relevant information to other duty holders.
- Liaise with the principal contractor to help in the planning, management, monitoring and coordination of the construction phase.
What are the Principal Contractors duties?
Plan, manage, monitor and coordinate health and safety in the construction phase of a project. This includes:
- liaising with the client and principal designer
- preparing the construction phase plan PDF
- organising cooperation between contractors and coordinating their work
Make sure:
- suitable site inductions are provided
- reasonable steps are taken to prevent unauthorised access
- workers are consulted and engaged in securing their health and safety
- welfare facilities are provided
When are works notifiable?
The HSE must be notified via an F10 form of any project exceeding:
- 30 construction days with 20 or more workings; or
- 500 person days.
What is the purpose of the F10?
To notfiy the HSE of the up coming works so they have the ability to inspect the works ensure compliance with the Health & Safety at Works Act and additional Health and Safety regulations.
What are the contents of an F10 form and who should issue it?
The employer must always sign it. It can be issued by PD on their behalf.
Includes: Details of the project Detials of the site Employers details Contractors details Duration of the works, key dates Number of operatives
When do you appoint a PD?
A principal designer must be appointed in writing by the client where a project involves, or is likely to involve, more than one contractor. This applies to domestic projects too.
What is included within the PCI?
It is a document put together during the design period either by the client (when one contractor) or by the principal designer,
Contains all relevant H&S information available at the time to identify existing risks. It is relevant to the construction work.
OUTLINES
- The project
- Planning and management of the project
- Health and safety hazards, incl. in design risk assessment.
- existing hazards
- Information from any existing health & safety file.
It allows all tendering contractors to adequately price for the works as they can assess resources they will need to allocate to perform their duties under the regulations.
What is included in a design risk assessment?
Any risks to health and safety that might be encountered during the works e.g. work at height; hazardous substances (COSHH); manual handling; noise; vibration and lead and how they can be might be managed.
What is included within the CPP?
- Project Description.
- Project Directory
- Arrangements for Controlling Health Risks.
- Arrangements for Controlling Safety Risks.
- The Health and Safety File.
- RAMS
What are the changes between CDM 2007 to CDM 2015?
- Simplification
- Replacement of role of CDM Coordinator with new role of ‘Principle Designer’
- Main duty-holders reduced to 3 – Client, Principle Contractor, Principle Designer
- All projects with more than 1 contractor on-site must have a Principle Designer and Principle Contractor, and a H&S file / Risk Assessment
- Changes to the threshold of a notifiable project
Why appoints a principle contractor?
Appointed where there is more than one contractor.
Are you competent to be assisting in the role of Principal Designer?
I assisted a senior colleague who was trained in undertaking the role of PD.
He reviewed the PCI when I had completed it.
What were you looking for in the Contractors Construction Phase Plan to ensure they mitigated risks?
- They had accounted for risks identified in the PCI
* They had allow suitable mitgation mesures
When should it be issued (Construction Phase Plans?
2 week before start on site so the PD can review.
Does the Construction Phase Plan stay the same?
No it is dynamic and should be reviewed an amended and added to as necessary.
How do you measure risk?
Can produce a risk matrix (risk v severity)
What are the clients duties?
Appoint competent professional
Provide welfare
Notify the HSE
Produce the PCI
How did you ensure the client was fully aware of their duties under the CDM regs?
In line with company procedure, I sent a letter to the client detailing their duties.
Did you produce the H&S file?
Yes
What was included within the H&S file?
- Description of the works carried out
- Residule risks
- Information relevant for future works
(Location of any services)
When is an F10 form required for a project? Why?
20 people & 30 days or 500 person days
What is the Building Act 1984?
Is the primary, enabling legislation under which secondary legislation such as the building regulations are made.
Empowers the secretary of state to make regulations for the purpose of:
The Building Act 1984 empowers and obliges local authorities to enforce the building regulations in their areas.
What are the Building Regulations?
minimum legal standards for the design and construction of building, so that they can be constructed to ensure H&S, sustainability and accessibility are considered.
When is building regs required?
- Under Regulation 3, describes building works
What is considered ‘Building Work’ under the regulations?
- the erection or extension of a building;
- the material alteration of a building, or a controlled service or fitting.
- work required by regulation 6 (requirements relating to material change of use);
- the insertion of insulating material into the cavity wall of a building;
- work involving the underpinning of a building;
- work required by regulation 28 (consequential improvements to energy performance).
What are the approved documents?
Provide guidance on ways to comply with the functional requirements in the Building Regulations.
Can you name the approved documents?
A - Structural
B - Fire Safety - two Volumes
C - Site preparation and resistance to contaminants and moisture
D - Toxic Substances
E - Resistance to the passage of sound
F - Ventilation
G - Sanitation, hot water safety and water efficient
H - Drainage and waste disposal
J - combustible appliances and fuel storage systems
K - protection from falling, collision and impact
L - conservation of foul and power - 4 documents
M - access to and use of buildings - 2 volumes
P - electrical safety
Q - security
R - Infrastructure for high speed electronic communications networks
7 - Materials and workmanship
What is Approved Document A?
Structural
What is Approved Document B?
Fire Safety - two Volumes
What is Approved Document H?
Drainage and waste disposal
What is Approved Document K?
protection from falling, collision and impact
What is Approved Document L?
conservation of foul and power - 4 documents
What is Approved Document M?
access to and use of buildings - 2 volumes
What is the most recent Approved Document?
S= Infrastructure for charging electric vehicles
How would you get building regulations approval for a project?
- the Building Control service provided by your local authority or
- the Building Control service provided by approved inspectors.
What are the advantages and disadvantages of an approved inspector, rather than Local Authority?
- Advantages = Time efficient, Client friendly, proactive, provides design advice
- Disadvantages = Local Authority is less expensive
Who is responsible for ensuring compliance with building regulations?
Ulitmately it lies with the employer who will be liable for the works.
Are there time frames involved with the appointment of an Approved Inspector?
Initial notice on the council and that has to be validated 5 working days before the project commences.
What are the types of Building Regulations applications?
1) Building Notice - where works are uncomplicated and simple in nature. Plans are not required. It is quicker and less detailed. Works can commence 48hours after the notice has been received by the local authority. The notice is valid for 3 years from the date given to the LA.
2) Full Plans - application with plans and other info showing construction details. 5 weeks
3) Retrospective regularisation - if the work has recently started or completed without consent.
What documentation do Building Control provide?
They will examine initial plans to approve the proposed works and provide a ‘plan certificate’
Upon completion of the works a ‘Final Certificate’ will be issued.
Can you tell me about consequential improvements?
Regulation 28 of the Building Regs may require additional work to be undertaken to make an existing building more energy efficient when certain types of building works are proposed.
Must be technically and economically feasbile 15 year payback.
Can you give an example of consequential improvements?
When installing a fixed building service for the first time, or increasing the capacity per unit area of an existing building service the fabric of the building served by the building services should be improved and can include all thermal elements, new energy meters, and new fixed building services.
What are the enforcement options available under the Building Regulations?
Building Regs are enforced by the Local Authority. Options:
* Informal enforcement
- Formal enforcement:
1) Prosecution in the Magistrates’ Court where an unlimited fine may be implied (Sections 35 and 35A of the Building Act 1984). - Possible up to 2 years after completion of the offending work.
- Action usually against the contractor.
- Enforcement Notice
2) Serve an enforcement notice on the BO requiring alteration or removal of offending work (Section 36 of the Buidling Act 1984).
if the BO fails to comply, the LA has right to carry out works and recover costs.
S36 notice cannot be served after expiry of 12 months from completion of offending work.
Are you aware of an recent changes to the building regulations?
There have been changes to Part B of the Building Regulations - Fire Safety were published in May 2020.
Changes to following sections:
7 - compartmentation / sprinkler and flats - over 11m high
11 - Resisting fire spead from one building to another
15 - Wayfinding for fire fighters in 11m buildings
How is another way to comply with the regs
British Standards
What is your knowledge and understanding of the Party Wall etc. Act 1996?
It is an enabaling act to facilitate construction operations in the vicinity of boundaries.
It achieves this partly by providing a procedural framework which ensures that neighbouring owners are notified of impending construction works.
What is the main aim of the Act.
a. To enable an owner to undertake certain specific works on or adjacent to adjoining properties
b. While at the same time giving protection to potentially affected neighbours
It achieves this by providing owners of buildings with certain rights and obligations to other owners in relation to party walls and similar structures. It also provides a rigid framework for exercising these rights.
Under the Party Wall Act, who is an owner?
Under section 20 of the Act, the owner is defined as someone with more than a yearly tenancy. There can, therefore be several owners of one wall.
Who can be appointed as a Party Wall surveyor?
- Anyone not party to the wall
* Have suitable experience and knowledge of the PWA
Are you aware of any recent changes to the Party Wall etc. Act 1996?
From 2016, notices and other documents can be sent electronically.
Are you aware of any additional guidance on Party walls?
RICS Guidance Note on Party Wall Legislation and procedure 2011, 7th Edition
What are the types of Party wall/structure;
Party Structure - can be a party wall, a floor or a partition separating different parts of a building
What are Type A Party Walls?
Forms part of a building and stands on lands of different owners, i.e the wall stands astride the boundary.
What are Type B Party Walls?
Stands wholly on one owner’s land, but is used by two (or more) owners to separate their buildings. (Garage)
Only the part of the wall that does the separating is a Party Wall with the wall above or to the side not being a Party wall.
What are the three types of party wall notice? When are the notices required?
- Section 1, line of junction notice = 1 month
- Section 3 notice, works to party structure notice = 2 months
- Section 6 notice, notice of excavation works = 1 month notice
What are the other key section
other key section:
Section 4: counter notices Section 5: Disputes arising under section 1 & 3 Section 8: Rights to entry Section 10: Resolution of disputes Section 11: Expenses Section 12: security of expenses.
When is notice not required?
- Works De Minus
- Works under section 2 of the Act Provided that written consent is obtained from all adjoining owners and occupiers before works commence.
What are the duties of the Building Owner?
- Notify all adjoining owners of intended works
- Not cause any unnecessary inconvenience.
- Must provide temporary protection for adjacent buildings and property where necessary.
- Make good any damage caused to the adjoining owner or make payment in lieu of if requested.
The Act contains no enforcement procedure for failure to serve a notice – however by starting work without having given notice the adjoining owner may seek to stop the works through court injunction.
What are the time frame procedure under the act.
1 or 2 month notice period dependant on Types of Notice.
AO has 14 days to respond to initial Notice.
*Can either Dissent or Consent the works.
If not response is provided in 14 days, BO to issue a Section 10(4) Notice, stating that should respond in 10 days.
If no response in 10 days then a surveyor will be appointed to act on their behalf
What penalties are there for not complying with the PW Act 1996?
An injunction could be granted, ex parte, to stop unauthorised works against the owner or the builder or even a mandatory (pulling down) injunction against works wholly or partly completed.
What should you look out for when the Section 3/6 notice refers to underpinning?
Whether or not the building owner proposes to construct special foundations.
What else must be included with a Section 3 Notice?
- name and address of BO
- in the event the BO proposes to construct special foundations, plans, sections and details of the special foundations incl. the loads to be carried, should be provided. (Otherwise plans not required)
- the date on which the proposed work will begin (at least 2 months in advance)
What must a Section 6 notice contain?
- must be served at least 1 month ahead of start date
- must include whether the BO proposes to do anything to safe guard or strength the AO’s foundations
- must be accompanied by plans and sections and show the site and depth of any proposed excavation and the site of any building it proposes to erect.
What is required from AO for special foundations?
Express agreement under Section 7 of the Act is required.
What are special foundations?
Set out under sections 20 - “special foundations” means foundations in which an assemblage of beams or rods is employed for the purpose of distributing any load
When is an award not required?
1) Works Diminus
2) If the BO has received written consent from the AO; or
3) The BO is complying with a dangerous structure notice or similar statutory notice.
When would a counter notice be served?
- the AO requires additional works e.g. provision of piers or recesses or chimney breasts etc for his benefit.
- the AO requests the special foundations to be deeper or stronger than the BO’s original proposal.
The AO will be liable for the additional cost.
Must be served within 1 month from the date the notice was served, specifying the works required with plans, sections and particulars.
14 day period to express consent / dissent applies. if no response dissent.
What is the Third Surveyor and what do they do?
Where there are already two appointed surveyors, is selected by them as a quasi- arbitrator, and they together form a tribunal. - assist in resolving a dispute.
How long does a notice last?
12 months from the day of service.
Who is labile for fees ?
Who is liable for expenses of work?
Under Section 10:
The surveyors agree within the award who is liable for fees. It is usually the BO.
Under Section 11:
*The BO unless there is a dispute and the surveyors settle otherwise.
- if an AO agrees to the construction of a party wall or party fence wall under Section 1(3)(b), the owners share the cost - defrayed cost.
- if the works under Section 2(2)(a) & (b) deals with underpinning or thickening because of ‘defect or want of repair’ the cost is defrayed depending on the use made of the structure or responsibility for the defect.
- Under section (6) is the BOs works lead to the AOs premises being laid open by demolition of a party wall due to it being of insufficient strength or height for the BO, the BO will pay the AO for disturbance and inconvenience.
- Where some works are carried out at the request of the AO or in pursuance of a requirement by him, he shall defray the expenses of these works.
What is security for expenses?
Pre-determined financial figure is set aside and is used by AO if works are not completed by BO for any reason.
under Section 12. An AO can serve a notice requiring the BO to deposit sufficient security to cover costs should the BO leave work unfinished.
It can be requested:
- if the BO is proposing to carry out some work to the AOs land or property.
- if the AO requires the BO to carry out additional works for which expenses are defrayed, the BO can request security for costs.
(if the AO does not respond within 1 month to a request for security, his request for additional work is deemed to have lapsed and BO does not have to carry out).
What is the difference between a dispute “deemed to have arisen” and a dispute which “has arisen
Deemed to have arrisen is where there has been no response within the statutory 14 days period following the issuing of the notice.
Has as arrisen is where the AO has disented the works.
In the event that a dispute cannot be settled by the respective parties’ surveyors, what is the procedure for resolution.
Go to the third surveyor, it is important to outline the matters that you cannot agree on to the third surveyor. He will then produce an award and award costs
What is the main Regulation underpinning Asbestos?
Control of Asbestos Regulations 2012 - HSE.
What do they enforce?
Applied to all non-domestic properties and common areas of domestic properties.
It identifies duty holders and requires them manage the risk of asbestos.
Undertake asbestos managemnt survey, locate and manage
Some examples where can you find Asbestos. (inside 13 - Outside 5)
Inside
- Sprayed coatings on ceilings, walls, beams and columns
- Asbestos cement water tank
- Loose fill insulation
- Lagging on boilers and pipes
- Toilet seat and cistern
- AIB ceiling tiles
- AIB partition walls
- AIB panels in fire doors
- AIB around boilers
- Vinyl floor tiles
- Textured decorating coatings on walls and ceilings eg artex
- Asbestos rope seals, gaskets and paper
- Textiles eg fire blankets
Outside 14. Asbestos cement roof 15. Asbestos cement panels 16. Asbestos cement gutters and downpipes 17. Soffits – AIB or asbestos cement 18. Asbestos cement flue AIB = Asbestos Insulating Board
Name the three main types of Asbestos
Chrysotile (white) 1999 - the most common form of asbestos found in buildings. The most common use is within corrugated asbestos cement roof sheets typically used for outbuildings, warehouses and garages.
Amosite (Brown) 1985 - is found most frequently as a fire retardant in thermal insulation products and ceiling tiles
Crocidolite (Blue) 1985 - spray-on coatings, pipe insulation, plastics and cement products.
What are the Health risks associated with Asbestos.
Mesothelioma
Lung Cancer
Asbestosis
Pleural Thickening
What is Asbestos regulated by (2)?
Health & Safety at Work Act 1974
The Control of Asbestos Regulations 2012
What should you do if you identify Asbestos in a building.
Notify the duty holder.
What is Licensable Asbestos?
Exposure is continuous and of high intensity and RA cannot clearly demonstrate that the control limit will not be exceeded (0.1 f/cm³ over a four hour period)
Examples:
removing sprayed coatings (limpet asbestos)
removal or other work which may disturb pipe lagging
any work involving loose fill insulation
work on asbestos millboard
What is Non-Licensable Asbestos?
Where works are not continuous with low exposure. Should not exceed 0.6f/cm3 measured over 10 minutes
&
Will not exceed the legal control limit of 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm3) (averaged over a four hour period)
Examples:
Drilling of textured decorative coatings for installation of fixtures/fittings
Encapsulation and sealing-in work on asbestos-containing materials (ACMs) that are in good condition
What is Notifiable Non-Licencesed Absestos?
Material will be substantially broken up, creating significant quantities of dust and debris (eg ‘dropping’ an asbestos cement roof)
Removal of asbestos paper and cardboard products if not firmly bonded in a matrix
Examples:
minor, short duration work to remove asbestos insulating board as part of a refurbishment project
minor short duration work involving asbestos insulation eg repairing minor damage to a small section of pipe insulation where the exterior coating has been broken or damaged
When must the HSE be notified?
LICENABLE WORKS
Notification to the relevant authorities must be given at least 14 days before works commence. ASB5 Form
NOTIFIABLE NON LICENCE WORKS
Notification to the relevant authorities must be given before the works commence. No minimum period. However would advise at least 24hr before.
What is dilapidations?
The term ‘dilapidations’ refers to breaches of lease obligations, either express or implied, and usually relates to: repair, decoration, reinstatement, breaches of statute and other associated costs. A dilapidations claim is an alleged breach of contract and as such is actionable by law.
What roles can a surveyor have within dilapidations?
Advisor – this role requires surveyors to use their expertise to identify and comment on breaches of covenant and appropriate remedies, preparing schedules or responses and negotiating with other parties with the aim of achieving settlement of a claim.
Expert Witness.
What is the dilapidations Protocol?
It aims to avoid litigation with dilapidations matters, it does this by providing procedures that the courts would expect parties to follow in a dilapidations matter.
What does the Protocol advise?
Timescales for the exchange of information
Details the quantified demand, must include items seperated
What are the timescales?
56 days from end of lease
56 for tenant response
28 to meet on site to discuss
What is the ll&t act 1927
That regulates the relationship betweentenantsand theirlandlords. But section 18(1) covers dilapidations.
What is the Town and Country Planning Act 1990?
Regulates the development of land/ property in the UK.
When is planning required?
- Detailed in Section 55 of the Act.
- New developments and alterations to existing building, also changes of use.
- Generally affecting the external appearance or material change of a building, engineering or mining works.
Are you aware of the National Planning Policy Framework revised February 2019?
It sets out the government planning policies and how they should be applied locally. It provides a framework within which locally-prepared plans can be produced.
What are the use classes?
The Town & Country Planning (Use Classes) Order 1987 (amended 2017)
Changes of use between classes can sometime be carried out under permitted development.
A = retail (generally) A1= shops A3 = cafes
B= business (generally)
C = Residential (generally)
D= non-residential (generally)
What are permitted developments?
Certain types of work that do not required planning permission
What are some permitted developments?
- Certain enlargements or alterations to houses
- Internal alterations.
- The installation of CCTV for security purposes.
What is included in a planning app?
Site plan,
Design and access statement (over 1000 sqm)
Existing and proposed plans
How long does a planning application take?
8 weeks (13 weeks for large developments)
Are you aware of any proposed legislation in relation to safety in our industry?
The Building Safety Bill.
- Amends the Building Act 1984. Section 36 now lasts 10 years not 1.
- A responsible person is appointed for buildings 18m or higher
