4 Road Supervision
4 Road Supervision
4 Road Supervision
Sarajevo/Banja Luka
2005
University of Ljubljana
Faculty of Civil Engineering and Geodesy
Road Supervision Road Construction and Maintenance Supervision
CONTENTS:
1 SCOPE OF GUIDELINE
To make an engineer conversant with the system of supervision of engineering services
on local and global level this guideline contains a brief description of inspection
programme on Federal-Aid Highway Construction Projects – USA (FHWA) and
comprehensive description of supervision system and powers of other parties in the
construction process provided by FIDIC and International Financial Institutions (IFIs)
The last issued harmonized “Conditions of Contract for Construction FIDIC – MDB are
anticipated to become the source document not only for financing and managing the
engineering services by IFIs but to be the basic rule for a part of local Construction and
Procurement Acts.
The guideline treats the system of supervision regulated by local Construction acts.
The most comprehensive is the part which treats supervision on site. On the local
languages also other definitions for this level of supervision are used.
Harmonisation of local rules on placing of construction products, materials and services on
market and assessment of conformity with EU regulations needs to present the
Construction Product Directive – CPD.
In the guideline performance programme and site organisation, extensive programme of
health and safety measurements, the programme of assessment of site environmental
impacts and fire safety measurments are included. In addition a construction waste
management system is treated.
The supervision of road maintenance is treated in the Guideline for Maintenance. This
guideline treats only the common principles of maintenance supervision.
2 LEGAL BASIS
Bosnia and Herzegovina (B&H) consists of the two Entities, the Federation of Bosnia and
Herzegovina and the Republic of Srpska.
Legislative body of B&H is The Parliamentary Assembly which has two chambers: the
House of Peoples and the House of Representatives. Executive power belongs to the
Presidency and Council of Ministers.
All governmental functions and powers not expressly assigned in the Constitution to the
institutions of Bosnia and Herzegovina shall be those of the Entities
The regulation of transport between the Entities and the international telecommunication
system belong to the institutions of B&H.
The Entities shall provide a safe and secure environment for all persons in their respective
jurisdictions, by maintaining civilian law enforcement agencies operating in accordance
with internationally recognized standards.
The Institutions of Federation of Bosnia and Herzegovina with districts and the institutions
of Republika Srpska are responsible and empowered to protect and manage their own
natural and residential environment, transport and telecommunication system.
The districts of FB&H are self empowered to regulate the spatial planning and
construction on their territory
In the table below the Laws regulating the field of planning, protection of environment
and health, transport, construction and supervision in each entity are listed:
Federation of Bosnia and Herzegovina: Republic of Srpska:
Zakon o građenju, (Sl. nov. FBiH, broj 55/02) Zakon o uređenju prostora (Sl.gl. RS br.:19/96,
Zakon o prostornom uređenju (Sl. nov. FBiH br. 25/96, 10/98, 53/02 i 64/02; prečišćeni tekst: 84/02)
52/04) Danom stupanja na snagu Zakona o uređenju prostora
(vidi Sl. gl. RS broj 19/96) prestaje da važi Zakon o
prostornom uređenju (Sl. list SR BiH, br. 9/87, 23/88,
24/89, 10/90, 14/90, 15/90 i 14/91), osim podzakonskih
propisa, koji još nisu doneseni na osnovu člana 154
važečeg Zakona.
Zakon o zaštiti prirode, (Sl. novine FBiH 33/03) Zakon o zaštiti prirode (Sl.gl. RS 50/02)
Zakon o zaštiti zraka, (Sl. novine FBiH 33/03) Zakon o zaštiti vazduha (Sl.gl. RS 53/02)
Zakon o zaštiti voda, (Sl. novine FBiH 33/03) Zakon o zaštiti voda (Sl.gl. RS 53/02)
Zakon o upravljanju otpadom, (Sl. novine FBiH Zakon o komunalnim djelatnostima (Sl.gl. RS
33/03) 11/95)
Zakon o vodama. (Sl. novine FBiH br. 18/98)
3 DEFINITIONS
3.1 FIDIC
3.1.1 Sequence of principal events and documents during engineering services
Base Date: means the date 28 days prior to the latest date for submission of the tender.
Commencement Date: means the date the Engineer defines and shall give to
Contractor with the Notice of the commencement day.
Performance Security: means guaranty certificate of performance security acquired by
a Contractor.
Interim payment Certificate: means a payment certificate issued by the Engineer,
usually at the end of a month.
Time for Completion: means the time contracted for completing the works (including
tests) calculated from the Commencement Date.
Test on Completion: means the tests which are specified in the Contract or agreed by
both Parties or required by provisions of national technical legislation.
Taking-Over Certificate: means a certificate issued by the Engineer and stating the
date on which the Works are completed in accordance with the Contract except for any
minor outstanding work and defects to be remedied in the defects notification period.
Defects Notification Period: means the period for notifying defects in the Works stated
by the Engineer in the taking over certificate.
Performance Certificate: means the certificate issued by the Engineer stating the date
on which the Contractor completed his obligations to the Engineer’s satisfaction.
Final Payment Certificate: means the payment certificate issued to the Employer by
the Engineer stating the amount which is finally due and all amounts previously paid by
the Employer and for all sums to which the Employer is entitled.
3.1.2 Parties and Persons
Employer: means the person named as employer and the legal successors in title to this
person.
Contractor: means the person(s) named as contractor accepted by the Employer and
the legal successors in title to this person(s)
Engineer: means the person appointed by the Employer to act as the Engineer for the
purposes of the Contract and named in the Contract’s documents or other person
(supervisor) appointed from time to time by the Employer and notified to the Contractor.
Employer’s Personnel: means the Engineer, responsible assistants and all other staff,
labor and other employees of the Engineer and of the Employer and any other personnel
notified to the Contractor by the Employer or the Engineer as Employer’s Personnel.
Dispute Adjudication Board (DAB): means the person or three persons so named in
the Contract being entitled to solve the issues of claims and disputes.
3.2 IFIs
Client: In principle IFI’s fund public works, consultant services or supplies. The first step
of financing procedure is Financial agreement between the member or representative of a
Bank group and the Government (Ministry) of a state or Representative of an Entity. The
user of bank funds is usually called »Client«. The financial agreement may anticipate a
Consultant for specific phases of project management.
Project Manager: After successful financial contracting the State(Entity) Representative
names a Project Manager, usually a Government Agency authorised to carry out the
duties of “Employer” which names the Consultant(s) and Engineer(s) to manage the
engineering services (as determined by FIDIC). The Engineer managing the engineering
records, and that during use access, entry and use will be ensured for functionally
impaired persons without physical obstructions or communicational hindrances
The relevant administrative bodies for construction matters are the ministries (in BiH
municipality and district bodies too) that issue the building permits for works or permits
for use.
Inspection supervision of the implementation of legal regulations shall be conducted by
building inspectors responsible for spatial planning and (or) construction matters.
The Participants in the Construction are the investor, the designer, the auditor, the
contractor and the supervisor.
The Construction of public infrastructure works may commence on the basis of a
building permit that is deemed final in legal terms. (On the territory of BiH: building
permit, issued in accordance with urbanistical license and other conditions for awarding
the building permit)
Building permit may be issued for preliminary works.
Usually a building permit shall not be required for simple works that a provider of public
services is erecting on works of public infraworks and that is intended directly for the
provision of public services or the management of public infraworks.
Regular maintenance works, maintenance works of public benefit and investment
maintenance works may commence without a building permit.
Construction Supervision is the performance of expert supervision on the construction
site by which it is verified whether the construction is being carried out according to the
project for acquiring the building permit on the basis of which the building permit was
issued, by which the quality of the executed works, the construction products, other
materials and the installations and technological appliances built into the works is
supervised, and by which it is verified whether the contracted prices and agreed deadlines
for construction are being observed;
Works are buildings or civil engineering works fixed to the ground and built of
construction products and of natural materials together with any inbuilt installations and
technological fittings and kits);
Buildings are works with one or more premises into which a person can enter and
intended for residence or the performance of activities;
Civil engineering works are works intended for satisfying human material and spiritual
needs and interests that are not residential and are not intended for the performance of
activities in buildings;
Works of national importance are works important to the development of a state and
it's composing entities, works that can affect the health and safety of a large number of
people or have a significant impact on the environment, or works and the environs of
such works that are of particular importance to defense and security against natural and
other disasters;
Works of environmental impact are works for which environmental protection
regulations prescribe a mandatory environmental impact assessment;
Works in public use are works whose use is intended for all under the same conditions;
such works are divided in terms of manner of use into public areas and non-residential
buildings intended for public use;
Public area is an area intended for use of all under the same conditions, such as a public
highway, a street, a square, a marketplace, a playground, parking place, a cemetery, a
green or a recreation park or other area;
Non-residential building intended for public use is a building intended for public
use is a building whose use is intended for all under the same conditions, such as hotel
management or a similar building for accommodation, a bank, a post office, an office or a
similar commercial building, a building for trade and services, a railway or bus station
building, an airport building or a port terminal building, a cableway station, a garage
building or a similar building for transport and communications, a building for
entertainment or recreation, a museum, a library, a school building or any other building
for education, a hospital building or institutional care building, a sports hall, or a building
for worship and for religious activities;
Public infrastructure works are civil engineering works that form a network serving a
specific type of public utility of national or local importance or forms a network of general
benefit to the public;
Complex works are such buildings whose total volume exceeds 5.000 m3 and that are
more than 10,00 meters in height, measured from the ground to the eaves and civil
engineering works whose bearing spans are greater than 8 meters or that are more than
18,00 meters in height, measured from the ground to the level of the bearing structure,
works with deep foundations, an underground works whose level of structure is more
than 10,00 meters below the ground, building with pre-stressed structures whose bearing
spans are greater than 12 meters, dam more then 10,00 meters in height, tunnel, public
railway, motorway, fast or main or regional highway, harbors, public airports, passenger
cable car or any other cable way then pass over buildings, silo or reservoir with a volume
of more then 1000 m3 , power facilities, long distance water pipeline, wastewater
collector, solid waste dump for two or more municipalities, any hazardous waste dump,
gas or oil distribution pipelines;
Plain works are buildings whose total volume does not exceed 5.000 m3 and that are no
more than 10 meters in height, measured from the ground to the eaves, or any civil
engineering works not classified as complex works;
Simple works are less demanding works in terms of structure that do not require any
special static analysis or technical verification, is not intended for residence and are not
works with environmental impact; simple works are classified as auxiliary works,
temporary works, practice works, memorials and urban equipment;
Urban equipment comprises simple mobile works that assist in ensuring the intended
use of public areas;
Building regulations are technical regulations that define in detail the essential
requirements for specific types of works, the conditions for designing, the selected levels
and classes for the construction products and materials that may be built in and the
manner in which they are incorporated, the methods of execution of works, the method
for determining if works comply with the prescribed essential requirements, and other
conditions and rules to ensure the reliability of works throughout the working life of
works;
The state of the art is the state that, at the given moment when the project
documentation is being made or the works are being executed, represents the level of
development attained in the technical capabilities of construction products, processes and
services based on recognized scientific findings, techniques and experience in the field of
construction, reasonable costs having been taken into consideration;
Technical guideline is a document that for the specific type of works sets out the most
precise definition of the essential requirements, the conditions for designing, the selected
levels and classes for the construction products and materials that may be built in and the
manner in which they are incorporated, and the methods for execution of works with the
aim of ensuring the reliability of the works throughout their working life, and, if
appropriate, the procedure according to which it can be determined whether such
requirements have been fulfilled;
Investor is a legal or natural person that commissions the execution works or executes
the works by himself;
Project designer is a legal or natural person that provides project design services as a
commercial activity;
Responsible project designer is the individual responsible to the designer for the
compliance of the design with spatial planning acts, building regulations and the
conditions of the relevant approving authorities;
Responsible design manager is the individual responsible to the designer for the
mutual compliance of all the designs that make up the project documentation and for the
quality of the processing of the entire project;
Contractor is a legal or natural person that provides services in the execution of
preparatory works on the construction site, in the execution of works, in the assembly
and incorporation of machinery and electrical installations and in the execution of
finalization of works, as a commercial activity
Responsible executor of individual works is the individual responsible to the
contractor for the compliance of individual works in the construction with the project
documentation based on which the building permit was issued, the building regulations,
and the regulations in the area of ensuring health and safety at work on construction
sites;
Responsible executor of works is the individual responsible to the contractor for the
compliance of all the executed works with the project documentation based on which the
building permit was issued, the building regulations, and the regulations in the area of
ensuring health and safety at work on construction sites;
Responsible construction site manager is the responsible manager of execution of
works that is appointed among the responsible executors of works by the investor in
situation when there are more executors at a single construction site, and is responsible
for the coordination of the work of all the responsible executors of works and responsible
executors of individual works;
Supervisor is a legal or natural person that provides services of building control as a
commercial activity;
Responsible supervisor is the individual responsible to the supervisor for the
compliance of works with the conditions specified in the building permit and for the
quality of the works carried out in accordance with the building regulations;
Project documentation is a systematical composition of plans and/or technical
descriptions and reports, calculations, drawings and other appendices setting out the
urbanistical, functional, formal and technical properties of the intended construction and
the scope of the outline scheme, preliminary design, the project for acquiring the building
permit, the project for the tender and the project for execution;
Technical documentation is a systematical composition of documents, pictures and
drawings, plans, texts and other elements such as guarantees, certificates, confirmations,
lists, schemes and instructions that set out the rules for using or operating and
maintaining the works and the scope of the project of the executed works, the project for
the operation and maintenance of works and the project for entry in official records;
Technical advising is consultation and representation of the investor related to
construction;
Building permit is an administrative decision by which the relevant administrative body
allows such execution of works and prescribes the specific conditions that must be
observed during execution of works, after having found that the intended construction is
in accordance with the spatial planning document, that the works will fulfill the essential
requirements and that the intended execution of works will not prejudice the rights of
third parties or the public good;
Permit of use is a ruling by which the administrative body that issued the building
permit for the construction, on the basis of a previously conducted technical inspection
Certification body (see approved body) an approved body, which leads the procedure
of certification and issues a certificate.
Conformity/auto control test For CE marking under the CPD, manufacturers should
also operate a factory production control system including auto control testing of random
samples, all in accordance with Clause 4, EN 197-2. A quality management system
complying with EN ISO 9000 and that takes account of the harmonized European
Standard may be regarded as meeting the factory production control requirements of the
CPD
Conformity assessment Any activity concerned with determining directly or indirectly
that relevant requirements are fulfilled.
Conformity attestation system is a combination of methods of conformity control
according to annex III of CPD, depending of nature and importance of a product to fulfill
the essential requirements of CPD regarding the influence of inconstancy of product
performances on its serviceability. The anticipated systems are labeled as: 1+, 1, 2+, 2, 3
and 4.
Conformity evaluation Systematic examination of the extent to which a product,
process or services fulfils specified requirements
Construction product means any product as result of an industrial activity or process
that is the subject of technical specifications, being produced for incorporation in a
permanent manner in construction works, including both buildings and civil engineering
works
Declaration of conformity The declaration of conformity is a document that ensures
either that the product satisfies the essential requirements of the applicable technical
specification or that the product is in conformity with the type for which a type-
examination certificate has been issued and satisfies the essential requirements of the
applicable technical specification.
The declaration of conformity’ shall specify some elements, ranging from the
manufacturer's address to the technical solutions applied.
A manufacturer established outside the EEA is entitled to carry out all the certification
procedures at his premises and, therefore, to sign the declaration of conformity, unless
otherwise provided for in the directive(s). It is not necessary for the signatory of the EC
declaration of conformity to be domiciled in the EEA
Designated body is third party organization who has been appointed by a State
Competent Authority following completion of an in depth assessment, verification and
qualification process, such as knowledge, experience, independence or resources to
conduct the conformity assessments.
Factory production control – FPC These attestation procedures, whether or not they
require the involvement of a third party Designated Body, require the manufacturer to
operate a Factory Production Control (FPC) system that ensures conformity to the
technical specifications.
All the elements, requirements and provisions adopted by the manufacturer should be
documented in a systematic manner in the form of written policies and procedures. The
documentation should enable the achievement of the required product characteristics and
the effective operation of the production control system to be checked.
Inspection body (see approved body) EN 45004 specifies the general criteria for the
competence of impartial bodies performing inspection irrespective of sector involved. It
incorporates relevant requirements of IS0 9000 series of standards and many features of
ISO/IEC Guide 39 (General Requirements for the Acceptance of Inspection Bodies). It is
intended for the use of inspection bodies and their accreditation bodies as well as other
bodies concerned with recognizing the competence of inspection bodies
coming into contact in any way, which would increase pollution of the environment or be
harmful to health. Total leaching and values of pollution parameters in inert waste and
ecotoxicity of effluents as a dangerous characteristic H14 from the regulation on waste
management does not endanger the quality of surface or underground water.
Municipal waste shall mean household waste and other waste being similar to
household waste by nature and composition.
Liquid waste shall mean any waste in liquid state, including wastewater, except mud or
slime.
Biodegradable waste shall mean remains of food, kitchen waste, waste from gardens
or parks, paper, cardboard or other waste, degradable when exposed to anaerobic or
aerobic processes of degradation.
Construction waste shall mean mixture of materials resulting from demolition of
concrete or built structures, removal of asphalt and other construction and demolition
work and construction waste material from rock or minerals.
Homogenous waste shall mean waste from the same holder of waste, resulting from a
process with no significant changes or disturbances, so that physical, chemical or
biochemical properties of waste relevant for their disposal do not change essentially and
which are classified in the same group in the classification list of waste.
Waste shipment shall mean the quantity of homogenous waste, which the managing
entity of the disposal site accepts in one calendar day with one accompanying
documentation on accepted waste.
Waste treatment shall mean any physical, thermal, chemical or biological process,
including sorting of waste, whereby properties of waste are changed for the purpose of
reducing their volume or dangerous properties, facilitated handling of waste or increasing
the possibility for their recycling.
Representative sample of waste shall mean a sample taken from the entire quantity
of waste, which has identical properties as the average composition of waste being the
subject of a chemical analysis.
Waste disposal site (hereinafter referred to as: disposal site) shall mean a single or
several facilities for depositing waste in soil or under it or underground. A disposal site is
also:
- A facility or a part thereof, where the producer of waste deposits its waste at the
point of their origin; and
- Permanent facility or a part thereof, where waste is stored for more than one year.
The following is not a disposal site:
- A device, facility or a part thereof where waste is unloaded for the purpose of
enabling its preparation for further transport for recycling, processing or disposal;
and
- Waste storage site, where waste is temporary stored for not more than three years
before being recycled or processed or not more than one year before its disposal.
Existing disposal site shall mean a disposal site being built or operational as at the
date this Rules come into force or a disposal site for which the construction permit has
been obtained prior to coming into force hereof.
Reconstruction of a disposal site shall mean any construction and other development
increasing the capacity of a disposal site or changing the type of the disposal site.
Managing entity of a disposal site shall mean any legal entity or natural person, who
in accordance with the regulations manages the disposal site during its operation or after
its closure.
Holder of waste shall mean any entity producing waste or any legal entity or natural
person having possession of waste.
Disposal permit shall mean the permit for disposal as specified in the regulation
governing waste management.
Body of a disposal site shall mean the entirety of deposited waste and the system of
tightness of the disposal site's bottom, covering of the disposal site's area, the system for
drainage of effluents and rainwater from the disposal site's area, the system for degassing
of the disposal site and other technical devices and border and supporting embankments
and other technical structures for providing stability of the body of the disposal site.
Tightness of a disposal site shall mean the technical system of devices and measures
for preventing emission of substances in soil, consisting of tightness of the disposal site's
bottom and the system for drainage of effluents and rainwater. The combined tightness
of a disposal site shall mean tightness consisting of various tightening materials with
supplementary properties. Mineral tightening shall mean artificial tightening, consisting of
single-or multi-layer condensed layers of mineral soil and the necessary additives.
Effluents shall mean any liquid leaking from deposited waste or trickling through the
body of the disposal site and which are drained or retained inside the disposal site.
Leachate shall mean any solution obtained by laboratory test of leaching of waste.
Disposal site gas shall mean any gas resulting from deposited waste.
Degassing systems shall mean degassing chambers, reservoirs and installations and
regulation devices as well as any other technical facilities for capturing and controlled
burning of the disposal site gas.
Active degassing shall mean sucking of the disposal site gas by means of artificially
produced negative pressure.
Entity producing waste shall mean any entity, the actions or activities of which result
in production of waste (the original entity producing waste) and any entity carrying out
mixing of waste or other preliminary procedures changing properties or composition of
such waste.
Holder of waste shall mean any entity producing waste or any entity having possession
of waste.
Waste management shall mean preventing and reducing production of waste and its
negative impact on the environment as well as waste handling.
Waste handling shall mean collection, transport, processing and deposit of waste,
including control of such handling and measures for protection of the environment after
the end of operation of a facility or device for processing or removal of waste.
Waste processing is intended for useful use of waste or components thereof and
includes foremost recycling of waste for processing into raw material and reuse of waste
and use of waste as fuel in a heating device or industrial furnace or use of waste in fuel
production. Incineration of municipal and other waste by heat treatment for the purpose
of their disposal shall not be considered waste processing. Processing of construction
waste shall be waste processing in accordance with the regulation governing waste
handling.
Entity processing waste shall mean any entity processing waste regardless of the fact
whether it is also the producer of waste or is processing waste of other holders
(hereinafter refereed to as: the processing entity).
Waste removal is intended for final treatment of waste not suitable for processing and
includes foremost treatment of waste by biological, thermal, or chemical-physical methods
and waste depositing. Removal of construction waste shall be waste removal in
accordance with the regulation governing construction waste handling.
Entity removing waste shall mean any entity removing waste regardless of the fact
whether it is also the producer of waste or is removing waste of other holders.
Waste collection shall mean collection of waste handed over by holders to waste
collectors and sorting or mixing of such waste for the purpose of transport to processing
or removal.
Waste collector shall mean any entity, which in accordance with the regulations
performs the activity of collecting a particular type of waste (hereinafter referred to as:
the collector). Construction waste collector shall be any entity, which in accordance with
the regulations performs the activity of collecting construction waste.
Collection centre shall mean the facility with the required installations, arranged for
temporary storing and sorting of construction waste and other activities related to their
reuse or removal.
Entity transporting waste shall mean any entity, which in accordance with the
regulations performs the activity of transporting waste of other holders (hereinafter
referred to as: the transporting entity).
Agent shall mean any entity, which in accordance with the regulations performs the
activity of an agent in providing processing or removal of waste of other holders.
Temporary storing of waste shall mean storing of waste for the purpose of
appropriate capturing or collection at the point of its production before providing for
processing or removal.
Recycling of construction waste shall mean the procedure of processing construction
waste for the purpose of producing construction material.
Heavy metal shall mean any compound having as an element antimony, arsenic,
cadmium, chromium (VI), copper, lead, mercury, nickel, selenium, tellurium, thallium, and
tin, as well as being in the form of metal if classified as hazardous waste.
3.6 CONSTRUCTION PRODUCTS FIRE RESISTANCE
Material: a single basic substance or uniformly dispersed mixture of substances, for
example metal, stone, timber, concrete, mineral wool with uniformly dispersed binder,
polymers.
Homogeneous product: a product consisting of a single material, having uniform
density and composition throughout the product.
Non-homogeneous product: a product that does not satisfy the requirements of a
homogeneous product. It is a product composed of one or more components, substantial
and/or non-substantial.
Substantial component: a material that constitutes a significant part of a non-
homogeneous product. A layer with a mass per unit area ≥ 1,0 kg/m2 or a thickness ≥
1,0 mm is considered to be a substantial component.
Non-substantial component: a material that does not constitute a significant part of a
non-homogeneous product. A layer with a mass per unit area < 1,0 kg/m2 and a
thickness < 1,0 mm is considered to be a non-substantial component.
Two or more non-substantial layers that are adjacent to each other (i.e. with no
substantial component(s) in-between the layers) are regarded as one non-substantial
component and, therefore, must altogether comply with the requirements for a layer
being a non-substantial component.
For non-substantial components, distinction is made between internal non-substantial
components and external nonsubstantial components, as follows.
Internal non-substantial component: a non-substantial component that is covered
on both sides by at least one substantial component.
External non-substantial component: a non-substantial component that is not
covered on one side by a substantial component.
The original report should be filed in the division's project file, a copy sent to the STA, and
a copy circulated to the program technical specialist and appropriate management in the
division office. Reports should be made available to headquarters and the FHWA Resource
Center as appropriate.
4.3.3 Writing the Report
Forms
Two FHWA forms are suggested for use in filing inspection reports for all Federal-aid
projects:
- Form FHWA 1446 A (or similar) "Construction Inspection Report", may be used to
report all construction inspections, including final inspections.
- Form FHWA 1446 B (or similar) "Final Acceptance Report" , may be used to report
final acceptance, or the division office may include an alternative method of
documenting final acceptance in its construction management program. (Note: The
final acceptance report is not required, although some division offices use it to
assist in project closeout and to support payment of final voucher.)
Content
Inspection reports are a source document for FHWA's project oversight and involvement.
They document project observations, findings, and recommendations; provide program
and project information to FHWA management and other program managers; and
transmit this information to various levels of STA management.
Body of report:
Purpose: A purpose of inspection statement can be useful in helping to keep the
inspection on track and in informing the reader of what to expect in the report.
Scope: It is not always apparent what the inspection engineer has done from reading
some construction inspection reports. A scope-of-inspection statement can be useful in
documenting the inspection activity although action-oriented statements in the report can
accomplish the same purpose.
Work Completed: The reporting of work completed to date, placed near the beginning
of the report, gives the reader a mental picture of the work site and improves
understanding of the discussion that follows. If either the progress or quality of work is
reported to be unsatisfactory, further comment is required to support the finding, discuss
what is to be done to correct the situation, and clarify the status of Federal-aid
participation in the cost of the work during the interim period pending correction of the
unsatisfactory condition.
Work in Progress: The discussion of work in progress helps document whether or not
the contractor is diligently pursuing the work, and the adequacy of the State's staffing.
The amount of detail reported will vary with the time spent on the project and with the
purpose and intensity of the inspection. As an example, documented knowledge of work
progress serves as a basis for participation in time extensions or the assessment of
liquidated damages.
- Findings and Comments. As a result of the inspection, it should be possible to draw
conclusions about the project work. Some conclusions can be expressed in terms
of contract requirements, progress of work, the State's operating procedures,
overall quality of construction, item/project overruns and changes, cost
containment, and compliance with Federal regulations. Related observations to be
discussed are public involvement, stakeholder feedback, weather, and third-party
actions that may affect the work.
- Opinions of the inspecting engineer should be based on experience and
professional judgment. These observations are perfectly valid and frequently
valuable. Where such items are discussed with the State, it should be understood
and stated as such in the report that they are only suggestions or information,
5.2 CONDITIONS
5.2.1 Employer
The appointments of the Employer are represented in the chapter 2 of Conditions.
5.2.2 Engineer
The Employer shall appoint the Engineer who shall carry out the duties assigned to him in
the Contract. The Engineer’s staff shall include suitable qualified engineers and other
professionals who are competent to carry out these duties in accordance with the locall
laws and specific conditions of IFis.
An Engineer managing the works of national importance must be selected through a
proper procedure of public procurement.
The Engineer must appoint a responsible supervisor for each construction site on which
construction supervision is carried out thereby.
Detailed provisions on the Engineer’s duties and responsibilities are represented in the
chapter 3 of Conditions.
5.2.3 Provision of Legal Assistance
The Employer shall have obtained the designs, planning, zoning or similar permission for
the Works.
The Employer shall provide reasonable assistance at the Contractor’s request for:
i. Contractor’s efforts in obtaining copies of the Laws of the Country
ii. Contractor’s applications for any permits, licenses or approvals required by these Laws
5.2.4 Instructions and Confirmations
The Engineer may issue to the Contractor instructions and additional or modified
Drawings which may be necessary for the execution of the Works and the remedying of
any defects. The instructions shall be given in writing.
5.2.5 Contract and Technical Documentation
The specification and drawings shall be in the custody and care of the Employer and in
due course supplied to the Contractor.
The Contractor shall keep on the site a copy of the contract documents, Contractor’s
documents and drawing’s documents about variations.
If a party becomes aware of an error or defect of a technical nature in a document the
Party shall promptly give notice to the other party.
When the Contractor give a notice to the Engineer that the Works are likely to be delayed
if any necessary drawing or instruction is not issued within a particular time the Engineer
is responsible for:
- an extension of completion time
- payment of any such cost plus reasonable profit, which shall be included in the
Contract price.
5.2.6 Access to the Site
The Employer shall give the Contractor right of access to and possession of all parts of
the site within the time stated in the Contract.
5.2.7 Assurance of Quality
Engineer (on behalf of Employer) must select an Institution through a proper procedure
of public procurement. Supervisor (on behalf of Engineer) controls all the procedures of
internal, external and additional control of conformity and taking over of construction
(semi) products and their incorporation in works. (See Construction Products EU Directive)
Detailed provisions on the parties’ duties and responsibilities are represented in the
chapter 7 of Conditions. (draw your attention to the provisions of clause 7.4)
5.2.8 Remedying of Defects
The Engineer may from time to time instruct the Contractor to:
- remove from the site or substitute any plant of materials which, in the Engineer’s
opinion, is not in accordance with the Contract
- remove and re-execute any other work in the Engineer’s opinion is not in
accordance with the Contract
- execute any work which, in the Engineer’s opinion, is urgently required for the
safety of the Works, whether caused by an accident, unforeseeable event or
otherwise.
The time for remedying is defined with Programme of works or Performance Certificate.
5.2.9 Health and Environment Protection
Contractor must perform health and safety protection provisions and implement the
protection of environment provisions.
Supervisor (on behalf of Engineer) controls implementation of health and safety
protection provisions.
Inspector for environment must supervise the implementation of environment regulations.
Safety provisions:
- (appointment of coordinators)
- assuring safety and health to authorized persons on the site
- protection of site against undue disturbances and keeping of the unauthorized
persons off site.
- hoarding, lighting, guarding and control of works
- protection of residential environment and adjacent land owners.
Protection of the environment:
- emission of gases, noise and vibration must not exceed the permitted values.
- waste and sewage treatment and depositing on earth must accord to legal
regulations on environment protection.
5.2.10 Unforeseeable Physical Conditions
After receiving the Contractor’s notice and inspecting these conditions the Engineer shall
agree or determine whether and to what extent these physical conditions were
unforeseeable.
Unforeseeable Physical Conditions are
- natural physical obstacles
- obstacles caused by human impacts on environment
- geological conditions
- hydrological conditions
Climatic conditions are excluded (low temperatures, rainfall and snowfall).
5.2.11 Geological and Archeological Fossils
After receiving the Contractor’s notice the Engineer must give the instructions about
further treatment of items of geological or archeological interest found on the Site. They
must be placed under the care and authority of the Employer.
5.2.12 Commencement of Works, Programme and Time for Completion
The Engineer shall give the Contractor not less tan 7 days’ notice of the Commencement
Date. Usually the Commencement Date shall be within 42 days after the Contractor
receives the Letter of Acceptance.
Within 28 days the Contractor shall submit a detailed programme to the Engineer.
Engineer shall verify the programme which includes:
i Time schedule: the order in which the Contractor intends to carry out the Works,
including the anticipated timing of each stage of design, manufacture of Plant,
delivery to Site, construction and erection
Where a notice of dissatisfaction has been given the parties shall attempt to settle the
dispute amicably. Unless settled amicably any dispute shall be finally settled by
(international) arbitration.
References about claims, disputes and arbitration are represented in chapter 20.
5.2.21 Particular Conditions
Some subclauses of Conditons need to be completed with additional provisions of
Particular Conditions which amend General Conditions. These Particular Conditions take
precedence over the General Conditions.
6.2 CONDITIONS
Different or additional provisions of IFIs’ to FIDIC General conditions of contract:
6.2.1 Project Manager’s Duties and Authority
While EAR diminishes mandate of a Project manager in financial services, EBRD fully
empowered a Project Manager to vary works and additional costs. EBRD conditions are
similar as civil legislation of SW Europe countries.
6.2.2 Provision of Legal Assistance
The Project Manager is obliged to control the origin of construction products, plant and
equipment. Only the goods originated in EU countries and countries in association process
can be incorporated to permanent works when funded or donated by EAR.
If the same legal or natural person is the project designer and the supervisor, the project
designer may not carry out any construction as a contractor on any works for which the
project designer drew up the project documentation. If the project designer is also the
contractor, the project designer and the supervisor must be different legal or natural
persons, and the responsible project manager and the responsible supervisor may not
hold any mutual commercial connection, be direct blood relatives or be married to each
other or cohabiting with each other in a non-marital union.
An investor that acts the project designer or a contractor on the same works or carries
out works for the investor's own purposes or for the market may not act in such
construction as the supervisor, but must entrust construction supervision to a contractor
that is not carrying out construction on the same works or to another project designer. In
such a case neither the contractor nor the project designer that assumes responsibility for
construction supervision may hold any mutual commercial connection with the investor,
and neither may the responsible construction site manager nor the responsible works
manager or the responsible project manager be direct blood relatives or be married to
each other or cohabiting with each other in a non-marital union.
The investor may act as the supervisor, but in such a case may not act as the project
designer or a contractor on works for which the investor is conducting construction
supervision.
7.1.3 Liability for Damage
The supervisor of the construction of works shall be liable for direct damage incurred by
third parties that derives from his work and his contractual obligations.
Prior to commencing their activities the supervisor must insure his liability throughout the
time of their operation for any damage that could be incurred by investors and third
parties in connection with the performance of their activities.
7.2.4 The project for acquiring the building permit with setting out plan of works
7.2.5 The project for execution:The responsible supervisor shall supervise whether all
changes and additions arising during construction are being constantly entered
in the project for execution, and whether such changes have been approved by
the investor and project designer. It is on Investor to name the project of
executed works designer
7.2.6 Contract documentation: in the case of FIDIC rules consideration containing:
- Works Contract (signed by Employer and Contractor) and other contracts
and annexes.
- Letter of acceptance
- Bid
- Particular conditions of contract
- General conditions of contract
- General and particular technical conditions
The parts of contracts are also drawings, priced bills of quantities, time schedule
and financial plans, technical documentation and security and assurance
documents.
7.2.7 Valid building permit: Time of validity and range of provisions are regulated by
Construction Act. In addition all evidences and conformity documents belonging
to building permit shall be kept on site.
7.2.8 Performance program: the contractor shall prepare technological specifications
for execution of works or a part of works.
7.2.9 Timing schedule containing
- time schedule of execution
- proposal of plant and personnel employed
- time and quantity schedule of basic material delivery
- working time
- conformity of work safety plan with working processes
- plan of financial engineering
7.2.10 Site safety plan, containing:
- site organization plan
- plan of transport system (access routes)
- plan of store housing of basic materials and semi products.
- list of plant and equipment, including conformity documentation
- report on health and safety at work
- fire safety study
- assessment of environmental impacts (atmosphere, noise, water, etc.)
7.2.11 Waste management report
7.2.12 Works execution diary and appertaining notices; The content and method for
administering the diary are regulated with the provisions of the Rules on the
content and manner of administering of works execution diary.
7.2.13 Ledger of quantitative measurements; If the prices in the building contract are
stipulated per unit of individual works, or when works are built for placing on
free market, a ledger of quantitative measurements must be administered in
addition to the construction diary.
In the act of approval the relevant administrative body for construction matters may
stipulate additional conditions in connection with the discrepancies found, or it may deny
the request for approval via a ruling issued in a fast-track procedure without the parties
being heard if it determines that the change in the marking-out of the works would entail
an amendment of the building permit.
If the relevant administrative body for construction matters denies the request for
approval via a ruling, the contractor may not commence construction until the investor
acquires an amended building permit.
The Contractor must attend the marking out of underground infrastructure, cables and
conduits pipes.
The Contractor’s surveyor must produce a geodetic measurement of earth volume to be
removed or transferred. The supervisor’s assistant shall control measurements.
All modifications of designed works geometry shall be based on geodetic measurements.
The precision, quality and price of construction depend on precise control of site
machinery. It is achieved with geodetic instruments managed laser ray as visual axe of
sensors fixed on site machinery.
Geodetic measurements are the means of defining the vertical or horizontal movement of
works and ground sinking too. It can be measured:
- spatial movement of works
- change of works geometry entailed by spatial movement of works
- deformations of bearing elements.
The measurements are performed during construction and the life time of works using the
method of spatial and time simplification;
- Spatial simplification means that the works is presented by single points stabilized
on deformable medium as a model of works. The situation of points is defined by
project designer and controlled by supervisor-surveyor. The control of ground
sinking is carried out by supervisor and geologist, geophysics or geomechanic.
- Time simplification means that the continuous attending of the position of points
on works is replaced by time sequenced attendances. The number of points and
timing of attendance depends on the least level of lost information
Before the day of technical inspection a dynamic and static test loading shall be carried
out measured by a proper geodetic method.
Surveying also include the manufacture of the project of executed works.
During the life time of a works periodical measurement of movement and deformation of
road structures are performed.
7.3.2 Geodetic works during construction of civil engineering works
7.3.2.1 Take over of alignment
The employer shall submit to the contractor:
- the marked-out road alignment or ground plan of a structure with all necessary
written data.
Only the center line of the road, or structure is market out in intervals depending
on the characteristics of the terrain but in interval not greater than 25 m.
Intersections are usually market out at the edge of deceleration or acceleration
lane or pavement or at the edge of the interchange itself.
- The marked out polygon points. A suite of polygon points shall be linked up to
trigonometry points calculated on Gauss-Krüger system, with excepted errors
defined by the regulations for I. order of polygon net.
- bench marks designated on the terrain,
Before the technical inspection the contractor shall anew marking out of alignment, the
profiles and the edges of carriageway with sustainable color.
Semi-products
The list of semi-products shall include the following:
- types and detailed designation
- certified production methods (cement concrete design, preliminary investigation of
asphalt mixtures, method to improve soils and/or mineral aggregates, etc.)
- required quantities
- necessary production equipment and methods
- transportation method.
Construction methods
The following shall be described:
- working methods for all the construction stages; the method and stages shall also
be presented graphically, including details in particular for more complex works,
e.g. connecting fills to slopes, arrangement of excavation slopes, construction
joints on pavements and structures, etc.
- preparation and arrangement of locations of placing/laying/casting
- method of protection from damages (e.g. to slopes, roadway edges, waterproofing
layers, etc.)
- curing/after-treatment of cement concrete, waterproofing, etc.
- environment protection (air, ground water, from noise, etc.)
and indicated:
- the coordinator of works (for safety and health at work)
- professional crew to be obligatorily present at construction works (responsible
work manager, technology expert, laboratory representative); at least one of the
aforementioned experts shall already be present at preparation of the performance
programme.
7.4.5 Construction Quality
Test Production and Placing
Prior to commencement of an individual working stage, for which the contractor has still
not proven his capabibility to perform it adequately, the contractor is obliged to prepare,
in agreement with the engineer, a test area where the required properties as well as the
methods of regular production, placing, and curing/after-treatment shall be demonstrated
and proven.
Construction Quality Verification
Within the scope of the performance programme the contractor shall submit a schedule of
the average frequency of both internal and external control/random tests; this
programme shall be approved by the Supervisor and shall be a basis for the construction
quality verification.
7.4.6 Time Schedule of work progress
- a schedule of work progress – by stages and types of the works,
- a mechanization and labour schedule:
- by machine types and labour qualifications
- capacities of machines by stages and types of works
- manpower by stages and types of works
- deliveries of basic materials, and
- working time.
- a financial realization plan
In view of the work volume and time span, those schedules can be monthly, weekly, or
daily.
excessive pollution of the environment of which the affected local community shall be
informed. However the above shall not apply if the noise exceeds critical levels in
accordance with the regulations.
Increased noise levels on the work post endanger health of employees and increase the
possibility of accidents at work. Hence appropriate measures for reducing the noise at the
noise source as well as protective measures for protecting health of employees (rumble
dampers, isolated cabins, protective devices…) as prescribed by the Occupational Health
and Safety Act and the Rules on the Protection of Workers from Risk Related to Exposure
to Noise at Work shall be provided for. The maximum permitted noise level on the work
post is 90 dB(A), if such level is exceeded, damage to hearing shall occur. Additional
hearing effects are noticeable in lower levels with prolonged exposition period to noise.
Corresponding instructions are given in Supplement S1 to this Guideline.
Condition of buildings situated in the area of influence, their age, material from
-
which they were built and the purpose of their use.
Corresponding instructions are given in Supplement S1 to this guideline.
7.7.7 Arrangement of the construction site area after work completion
Arrangement of the construction site area after the completed works is required by
decrees on the location plan and all legislation related to spatial planning and protection
of the environment.
Transport infrastructure, energy, water supply and other public utility infrastructure shall
be arranged and all obligations of investors and contractors related to conservation of
natural and cultural heritage, sustainable use of natural resources, protection of the
environment, and ownership fulfilled.
The SF has to provide for:
- The area of arrangement of road surroundings, including recultivation of land and
provision of appropriate agricultural operations in the affected area;
- The area of arrangement and/or deviations of existing watercourses and
arrangement of regulations;
- The area of deviation and arrangement of public utility, energy and
telecommunication infrastructure buildings, lines and facilities;
- Appropriate arrangement of all roads used for deviations or transport during the
construction and rehabilitation of any damage, and preservation or replacement of
access routes to farmland and forests;
- Appropriate rehabilitation of infrastructure buildings, structures and other facilities;
- Area covered by measures for protection of the environment;
- Area of changed detailed land use, to be provided for after the concluded work;
and:
- Remove all waste and ruins left behind after the construction site has been
removed in accordance with the regulations.
If necessary, the project shall in addition to the textual part of envisaged work and
measures also include the graphic presentation of the final state of the ground and
environment.
8 WORKS CONSTRUCTION
The construction of a new works, the reconstruction of a works, replacement construction
and the removal of a works may commence on the basis of a building permit that is
deemed final in legal terms. Works are completed in accordance with the provisions of
works contract.
The supervisor shall organize and carry out the contractor’s initiation procedures.
The supervisor shall ensure due supply of information and documentation the Contractor
need to commence the performance of works like:
- The documents providing the right of access to site
- Audited project documentation
- Conditions and consent documents with building permit
- Setting out report
The supervisor shall verify the contractor’s performance programme and supervise quality
control.
The introducing site of works diary shall be completed ( and the inspection book shall be
prepared if so regulated by local regulation).
- At least two copies of the project for acquiring the building permit with the
prescribed elements
- If the request for the issue of a building permit relates to the reconstruction of a
works, it shall also be necessary to cite the number and date of the building permit
based on which the works was constructed.
- The investor must also append proof of the right to build to the request for the
issue of a building permit, if such right has not yet been entered in the land
register.
A building permit shall not be required for a simple works if prior to commencing
construction the investor acquires location information from which it proceeds that such
construction is in accordance with the implementing planning document and if the size of
the works, the manner of construction and use and the distance from the boundary of
neighboring land are in accordance with the recent regulations.
It shall not be necessary to acquire a building permit or location information for a simple
works that a provider of public services is erecting on a works of public infraworks and
that is intended directly for the provision of public services or the management of public
infraworks. Neither shall it be necessary to acquire a building permit or location
information for the execution of finishing works in commercial premises located in a newly
constructed building for which a permit of use has been acquired and specific parts of
which are therefore already in use, provided such works do not encroach upon joint
premises or alter the external appearance of the building.
The installation of urban equipment may also commence without the acquisition of
location information, if such installation is approved by the owner of the public area.
Before issuing a building permit the relevant administrative body for construction matters
must verify:
- Whether the project has been formulated in accordance with implementing
planning document
- Whether the project has been formulated by a legal or natural person that fulfils
the conditions for the project designer prescribed by this act
- Whether all the prescribed approvals have been obtained for the envisaged
construction
- Whether the project contains all the elements prescribed by this act, and whether
an audit of the project documentation has been conducted if so prescribed
- Whether the investor has submitted evidence that the charges and contributions
stipulated by law have been paid or such obligations have been performed in any
other legitimate manner
- Whether the investor has the right to build
A building permit shall be issued for a whole works, or for a part thereof that entails a
technical, technological or functional whole and can be used independently if the works is
being constructed or reconstructed in parts and the project for acquiring the building
permit so defines.
Irrespective of the previous paragraph, a building permit may also be issued for a part of
a works or for the execution of individual construction or installation works or the
installation of technological appliances if it is a matter of the construction of a works of
public infraworks.
The building permit shall cease to be valid in accordance with the Construction Act:
If, during the period of validity of a building permit, the implementing planning document
is amended or replaced with a new for the area where the real estate that is the subject
of the building permit is located, such amendments may not affect the validity of the
building permit.
During the period of validity of a building permit the relevant administrative body for
construction matters may at the request of the investor extend the validity of the permit,
but no more than twice and for no more than a total of two years.
A building permit may be amended. The investor may only lodge a request for the
amendment of the building permit during its period of validity.
If a building permit is amended, its period of validity shall remain unchanged upon the
issue of the ruling on the amendment.
If a final building permit is abrogated because of the abrogation of the implementing
planning document in proceedings to determine constitutionality and legitimacy before the
constitutional court and this is a consequence of unlawful action by the municipality or by
the state, if the spatial planning document was adopted by a body thereof, the investor
shall have the right to the reimbursement of ordinary damages and lost profit for the
damage incurred thereby because of the trust in the final building permit.
dark colors, black as a rule. The height of writing shall be more of 8 cm, however the
writing must be readable at the distance of 15 meters.
The signposting information:
- The title of works and intended use according to the rules of classification and the
kind of works: new works, extension or superstructure, reconstruction, changed
use, replacement or removal of works;
- Identification number of building permit (s), date of issue and the title of agency
competent for issuing, and information about amendments and prolongations;
- Title (name, first name) and address of investors’ headquarters;
- Title and address of designer’s headquarters, which is the responsible project
designer of the project for acquiring the building permit and has been performing
the project for execution.;
- Title and address of contractor’s headquarters;
- Title and address of supervisor’s headquarters;
In the case the works is classified as demanding works the information about title and
address of the Auditor(s) and of the coordinator for health and safety on site.
In the case of reconstruction of a building protected by the regulation on safeguarding
cultural heritage or a construction within range of archeological findings the writing on
signpost shall include the information of title and address of competent agency for
safeguarding cultural heritage.
The titles and logotypes of Investor and Contractor may be on the top(bottom) margin of
writings if so agreed. If the financial resources are provided by state, municipality or EU
on the top margin the logotype of competent state, municipal or EU agency shall be
placed.
The signpost may be removed when the permit for use is issued.
<15 days
Contractor submit the Performance
programme to the Engineer
Signing of the contract
< 28 days
<8 days
Contractor that the programme fails
to comply or comply with the
< 10 days
contract
< 42 days
Contractor submit to Engineer the The Employer returns Tender
anticipated timing of construction Security to the Contractor
The Contractor obtains a The Employer gives to the
Performance Security Contractor right of access to
site and:
- building permit
- project design
- setting-out report
- site data
Engineer gives the Contractor
notice of the Commencement
day
>7 days
Contractor insures:
Commencement of works
- works and Contractor’s equipment
- all loss and damage from the
Contractor’s risk
- injury to persons and damage to
property
- workers of Contractor, Engineer
and Employer
Validity of insurances
< 21 days
Project of executed works and the Engineer issues Taking-over
Project for maintenance and Certificate specifying the date
operation of works of works completion
Engineer noticed the
Contractor which defects to
remedy
documentation
Employer returns
Contractor submits to the Engineer Performance security to
the draft of Final payment statement. Contractor
Reconciliation between the
Guaranty period*
statement.
Contractor submit to the Engineer
<28 days
Daily reports contain the description of important events and complements of design of
executed works. The form contains the reports about construction waste management
according to the current regulations.
Every entry shall give the information about:
1. obvious intention of entry,
3. kind of entry (informing the contractors, statement of supervisor or building
inspector...),
4. evidences and the place of safe keeping,
5. specification of work:
- earth work,
- concrete and reinforced structures,
- masonry,
- prefabricated structures,
- structural composite and steelwork,
- timber work
The important administration entries are:
1. actual state of land parcel before the commencement of construction.
2. statements of contractor and supervisor about the conformity of setting out.
3. list of project for execution drawings handed over to contractor and the date of
delivery.
4. notice on technical inspection,
5. notice on permit of use,
6. notice about all phases of taking over,
7. notice about performance certificate,
The start date of administering the construction diary is the commencement date when
the first contracted activities of construction commence. (The date when the Investor
introduces the contractor to work). It shall be administered every working or non working
day when the contractor enters the conditions for work.
The forms of construction diary are fulfilled in duplicate. It shall be signed by responsible
composer, responsible executor of works and after all the responsible supervisor or his
empowered assistants.
The access to the construction diary shall be free for all participants in the construction
and to the relevant building inspector.
The original of construction diary is teared out of form book and safe kept by the
supervisor, the remaining copy is safe kept on site.
The end date of administering the diary is the date stated in the performance certificate.
The original and the copy of pages shall be finally bond up and sealed, one to be safe
kept by the investor and one by the contractor.
The investor shall safe keep the original of construction diary all the life period of works.
The contractor shall safe keep the copy of construction diary at least 10 years, except
otherwise stipulated with a special regulation.
2. The rubric “Weather conditions” shall be filled with the specification of climatic
conditions in the early morning, morning and afternoon when the conditions are
changed. Weather conditions would be important to make clear the reasons for
delays.
3 The rubric “Description of work” shall be filled with technical description of daily work:
- mark (1) indicates contracted work (contract and annexes)
- mark (2) indicates additional work not provided by priced bill of quantities.
- mark (3) indicates changes to the quantity of contracted work"
- mark (4) indicates variation or modification of work caused by changes to the
project design.
- mark (5) indicates overhead expenses needed for successful completion of
construction
- mark (6) other work
4 When the extent of information needs more pages they shall be paged with the same
number but sub numerated.
The original of ledger pages shall be finally bond up and sealed to be safe kept by the
employer for the period of min ten years except otherwise stipulated with a special
regulation..
- any amount to be deducted for retention stated in contract documents to the total
of the above amounts, until the amount so retained by the employer reaches the
limit of retention money stated in contract documents
- any amounts to be deducted for advance payment
- addition or deduction which may have become due in accordance with the contract
including those under claims, disputes and arbitration.
- the deduction of amounts certified in all previous payment certificates.
The supervisor may in any payment certificate make any correction or modification that
should properly be made to any previous payment certificate. A payment certificate shall
not be deemed to indicate the Engineer’s acceptance, approval, consent or satisfaction.
8.6.3 Variations and Adjustments
The proceedings on variations and adjustments are regulated with Act on obligatory
proceedings and with provisions of General and Special conditions of contract. The basic
principle which shall prevail is that every participant in construction process has the right
to vary and to claim the repayment of costs originating from variations and adjustments.
Variations may be initiated by the Contractor, Engineer or Investor.
The most common reasons for variations and adjustments are:
- incompatibility of designs or delayed drawings and instructions caused by the
designer of a project for executions;
- discrepancies in provisions of contract documents,
- discrepancy between bill of quantities and drawings,
- adjustments for changes in legislation
- adjustments for changes in cost
- delayed access to site
- delayed land acquisition
- improper access routes
- incomplete setting out
- major quantities of complex works
- modifications of works
- unforeseeable physical conditions
- fossils
- changes in manner of execution
- delayed payments
- unforeseeable shortage in the availability of goods
- changes and modifications of foundation
- additional requirements for environment protection
- additional requirements of Investor or Designer.
- requirements of technical inspection
- requirements of building inspector
- unforeseeable climatic conditions
- termination of works
If the contractor considers himself to be entitled to an extension of the time for
completion and/or any additional payment under any clause of Special conditions of
contract or otherwise, the contractor shall give notice to the supervisor as soon as
practicable and not later than 28 days after the event or circumstances giving rise to the
claim.
The contractor shall also submit all supporting particulars for the claim.
If the contractor fails to give notice in the time limit of 28 days the time for completion
shall not be extended and the contractor shall not be entitled to additional payment.
The contractor has to represent:
- cause of delay or deviation
- designer’s ( geomechanic’s, supervisor’s, inspector’s) argumentation of additional
works
- description of the proposed work and a programme for its execution.
- priced bill of quantities of new or modified parts of works.
Each new rate or price shall be derived from any relevant rates or prices for work,
materials, machinery and transport estimated in the contract.
If no rates or prices are relevant for the derivation of a new rate or price, it shall be
derived from the reasonable cost of executing the work.
Until such time as an appropriate rate or price is agreed or determined the supervisor
shall determine a provisional rate or price for the purposes of interim payment
certificates.
The contractor is not exempted from damage liability caused by incorrect instructions of
investor except when he warns the investor on possibility of damages.
The supervisor controls the claim and submits it to Investor to verify it (if so stipulated):
- type and quantity of works
- price of works with the schedule of calculation
- changes of completion time
- draft of contract annex
Contracted prices may be adjusted for changes in cost in accordance with special
conditions of contract.
When one participant in the construction process contracts the work on the principle
"Turn Key/Lump Sum” we recommend the application of FIDIC Conditions of Contract for
EPC Turnkey Projects.
The basic rule on evaluation the variations and adjustments is that the lump sum includes
the rate of unforeseen and surplus works but not the price of missing works.
The works on bridging road structures are usually contracted on the principle "Turn
Key/Lump Sum” but the method of calculating of foundation works is strictly “Cost per
unit quantity”
8.6.4 Performance Liability Securitiy
Within 28 days after issuing the letter of acceptance the contractor shall obtain at his cost
and deliver to the employer a performance security in the form, amount and currencies
stated in the tender documents.
The performance security shall be valid until the contractor has executed and completed
the works and remedied any defects. The contractor shall extend the validity of the
performance security 28 days prior to the expiry date until the works have been
completed
The employer returns the performance security within 14 days after issuing Performance
certificate and after receiving the guarantee for remedying defects during extended
liability period.
The period of extended liability period shall be fixed in special conditions of contract.
The amount of the guarantee for remedying defects is a percent of the amount of final
payment certificate.
8.6.5 Insurances
In accordance with the provisions of general and special contract conditions the insurance
party is the contractor, responsible for effecting and maintaining the insurances.
- works, plant, materials and contractor’s documentation; insurances are in effect till
the issuing of performance certificate
- for loss or damage for which the contractor is liable
- each party’s liability for any loss, damage, death or bodily injury and damage of
physical property; The insurances shall be maintained in full force and effect during
the whole time that these personnel are assisting in the execution of the works.
8.6.6 Final payment
The Contractor shall prepare and submit to the employer a final statement and a written
discharge which confirms that the total of the final statement represents full and final
settlement of all moneys due to the contractor under the contract.
The employer shall set up a commission to carry out the procedure of final payment
constituted of:
- Employer (Investor)
- Engineer (Supervisor)
- Contractor
- Owner and/or Manager (Maintainer)
The commission states the amount which is finally due and after giving credit to the
employer for all amounts previously paid by the employer and for all sums to which the
employer is entitled, the balance (if any) due from the employer to the contractor or from
the contractor to the employer as case may be.
9.1.1.2 Designs
Designs contain documents, images, drawings, plans, warranties, attestations, lists,
outlines, instructions and other documents.
Drawings of design of executed works shall represent in ground plans and cross sections
all parts of completed works (such as structures, equipment, installations...)
Drawings of design of executed works are drawings of the project for execution
completed graphically and in writing with variations originating from the process of
construction.
The original drawings of design of executed works are used when no variation has
occurred but a signed designer’s declaration of conformity with the executed works shall
be attached.
Variations shall be unambiguous graphically presented e.g. with diverse colors.
The project for the maintenance and operation of the works is a systematically ordered
collection of instructions and similar elements, based on which each owner of the works is
able to maintain it in an approiate manner
Project consists of introductionary folder and plans
9.1.3.2 Designs
The folder consists of pictorial material, plans and texts in the form of guarantees,
confirmations, lists, schemes, that set out the rules for using or operating and maintaining
the constructed or reconstructed works and the inbuilt installations and technological
appliances. Enclosed are instructions of maintenance of construction products and
information to use the furniture and equipment supplied and installed to works.
Besides the obligatory documents the projects must consists of:
- Timing of mandatory dates of regular inspection and program of periodical
inspections
- Scope and program of works performing the guaranty that the works fulfil the
essential requirements during expected life time
- Other reports (Operating diary etc), when required by the rules for specific works.
9.1.4 Safekeeping Project and Technical Documentation
Unless stipulated otherwise by separate regulations, the relevant administrative body for
construction matters must keep safe the project for acquiring the building permit based
on which a building permit was issued or based on which a building permit was amended,
and the project of works executed based on which a permit of use was issued for ten
years after the issue thereof.
The owner of a works or the legal successor thereof must keep safe the project for
acquiring the building permit based on which the building permit was issued and the
project of works executed, the project for the maintenance and operation of the works
and the project for entry in official records based on which the permit of use was issued
as long as the works stands or until the removal of the works, unless separate regulations
for a specific type of works stipulate that it is necessary to keep them safe permanently.
The project may be kept safe on paper, on an electronic medium or on microfilm.
When the relevant administrative body for construction matters determines that the
request for the issue of a permit of use is in accordance with the conditions specified in
the Law, it shall via a resolution appoint a technical inspection commission and set a date
for the technical inspection; no appeal shall be allowed against the resolution.
Representatives of the project approving authorities that stipulated the conditions or
granted approval for the project solutions for the construction must sit on the technical
inspection commission. If deemed necessary because of the technical or other
specifications of the works, other experts may be appointed to the commission.
The resolution on the appointment of the technical inspection commission and on the
setting of a date for the technical inspection shall be delivered to the investor and the
appointed commission members. The resolution must also contain a warning that a
representative of an approving authority that fails to attend the technical inspection shall
be deemed to have no comments on the constructed or reconstructed works.
At any time before the day of the technical inspection a relevant approving authority may
inform the relevant administrative body for construction matters in writing that the
authority has no comments on the constructed or reconstructed works and is therefore
waiving its right to participate in the technical inspection.
A representative of a relevant approving authority that was appointed to the commission
but fails to attend the technical inspection shall be deemed to have no comments on the
constructed or reconstructed works.
For a works a part of which can be deemed a built public asset pursuant to the provisions
of this act, it shall be necessary to specifically illustrate in the project for the maintenance
and operation of the works the manner and conditions for maintaining the public areas.
Through the technical inspection it must be determined:
- Whether the works has been executed in accordance with the building permit
- Whether it is clear from the evidence of the reliability of the works that the works
has been executed in accordance with the building regulations that are mandatory
in the execution of works of such a type and with the conditions stipulated for
construction
- Whether it is clear from the evidence of the reliability of the works that the
measures prescribed to prevent the impact caused by the works itself or by its use
in its environs or to restrict such to the lowest possible measure have been taken
into consideration
- Whether the installations, technological appliances and equipment have been built
in a high-quality manner and whether they fulfill the prescribed parameters, the
technological process, health and safety at work, fire safety and environmental
protection having been taken into consideration
- Whether there exists appropriate evidence of the reliability of the works formulated
in accordance with the provisions of the Construction Act
- Whether the instructions for the maintenance and operation of the works have
been formulated in accordance with the provisions of proper regulations
- Whether the land surveying plan of the new situation of the land and of newly
constructed works is in accordance with land surveying regulations
9.2.2 Acquisition of Permit of Use
After the technical inspection of the works is completed, the relevant administrative body
for construction matters shall issue a ruling, via which it:
- Issues the permit of use
- Orders the rectification of the deficiencies identified
- Orders test operation and the initial measurements of operational monitoring
pursuant to environmental protection regulations or other regulations via which
such measurements are prescribed, for the period stipulated by the programme of
initial measurements
- Denies the issue of a permit of use, if the works has such deficiencies that it
represents an unsafe construction pursuant to this act and the deficiencies cannot
be rectified
It shall not be possible to issue the permit of use unless it is clear from the evidence of
the reliability of the works that it will be possible to use and maintain the works in
accordance with regulations on health and safety at work amd with traffic regulations.
Only participants in the construction of works, the representatives of the relevant
approving authorities that stipulated conditions or granted approvals for construction and
the representatives of the relevant inspectorates shall have the right to participate in the
procedure for issuing the ruling on the permit of use.
Other parties that were participants in the procedure for issuing the building permit shall
not have the right to participate in the procedure for issuing the ruling on the permit of
use.
If the relevant administrative body for construction matters ordered the investor to rectify
the deficiencies identified, after having rectified them the investor must submit evidence
of such to the administrative body for construction matters and request that the technical
inspection be repeated. If the administrative body for construction matters finds that a
repeat technical inspection is not required, it shall issue the permit of use.
Following the repeat technical inspection, which may also be conducted by a single
member of the commission, only those works that it was necessary to correct or
subsequently carry out shall be inspected, regarding which the commission shall issue an
appropriate resolution.
If, after the repeat technical inspection, the relevant administrative body for construction
matters finds that the investor has failed to rectify all the deficiencies identified, it shall
issue a new ruling ordering the investor to rectify the deficiencies identified by a specific
deadline. If, despite an executable ruling on the rectification of the deficiencies identified,
the investor fails to rectify the deficiencies, the relevant administrative body for
construction matters shall via a ruling deny the issue of a permit of use and shall inform
the relevant building inspector of such.
If the relevant administrative body for construction matters ordered test operation, the
investor must inform the relevant inspectorates and the relevant administrative body for
construction matters of the intention to commence test operation at least fifteen days
before commencing test operation.
The investor must ensure expert supervision of test operation, which shall be entrusted
via a contract to a supervisor qualified therefore. Expert supervision of test operation shall
include the ordering of tests and measurements and the entry of the results thereof in a
diary of operation in accordance with regulations on the test operation of individual
technological appliances.
Before the end of the period of test operation the investor must request that a final
technical inspection be conducted.
Following the final technical inspection, which may also be conducted by a single member
of the commission, only those inbuilt installations, technological appliances and equipment
for which the quality of the works performed and the material built in is being
determined, and the parameters achieved by the technological process shall be inspected,
and it shall be verified whether the parameters achieved by the technological process
ensure health and safety at work (safe traffic) and fire safety and do not exceed the
environmental impact permitted by regulations. On this basis the relevant administrative
body for construction matters shall then issue a permit of use.
Unless stipulated otherwise by separate regulations, the permit of use specified in the
previous paragraph shall also be deemed to be an operating permit for the installations
and technological appliances built into the works.
If the relevant administrative body for construction matters denied the issue of a permit
of use because the works had such deficiencies that it represented an unsafe construction
and the deficiencies could not be rectified, the relevant administrative body for
construction matters shall be obliged to inform the relevant building inspector of such
without delay.
In the case of unsafe construction, the relevant building inspector shall halt the
construction and prohibit the use of the works, and order that emergency maintenance
works be carried out on the works or the part thereof by the deadline stipulated by the
inspector, or that the works be appropriately renovated or removed.
If a works was constructed without a building permit in order to prevent a natural or
other disaster or to diminish the consequences thereof, it may only remain a permanent
works after the circumstances for which it was constructed have ceased if after the
aforementioned circumstances cease the investor or owner of the works lodges a request
for the issue of a permit of use with the relevant construction body, appending the land
surveying plan of the new situation of the land and appropriate evidence of the fulfillment
of the essential requirements to the request, and acquires a permit of use.
Location information from which it proceeds that the works is in accordance with the
implementing planning document and a plan of the existing situation with a construction
plan containing at least analysis of the work’s constructions (static calculation) shall be
deemed the appropriate evidence of the fulfillment of the essential requirements specified
in the previous paragraph. Such a plan may be formulated by a legal or natural person
that pursuant to the provisions of this act fulfils the conditions for a responsible project
designer qualified in the formulation of construction plans.
A permit of use shall be issued for a single-dwelling building constructed on the basis of a
building permit without a prior technical inspection if, in addition to the land surveying
plan of the new situation of the land, the investor appends a declaration by the project
designer and the supervisor that the building has been constructed in accordance with
regulations to the request for the issue of a permit of use.
The permit of use shall be issued by the relevant administrative body for construction.
In addition to the elements prescribed for written rulings by the Generally Administration
Act, in its pronouncement the permit of use must contain an indication of the type of
works with regard to its purpose of use.
The project of works executed and the land surveying plan of the new situation of the
land shall be constituent parts of the permit of use.
The ruling issued in the procedure for issuing the permit of use shall be delivered to the
investor and other participants in the construction of the works that were involved in the
construction.
The projects and plans shall not be appended to the ruling during delivery, with the
exception of that for the investor.
If separate regulations that stipulate that the use of technological appliances may only
commence when an operating permit has been issued therefore do not regulate a
procedure for issuing such a permit, the sense of the provisions of this title governing the
technical inspection procedure shall apply to the procedure for issuing the operating
permit.
If it is not stipulated by separate regulations that govern the conditions for using specific
types of transport or power works of public infraworks that it is necessary to conduct test
operation prior to the issue of a permit of use, the provisions of this title governing test
operation and the initial measurements of operational monitoring may also be applied to
such works, if the investor thereof so requests.
The sense of the provisions of this title shall also apply to the procedures prescribed by
mining regulations for cases of cessation of the exploitation of mineral raw materials and,
if so stipulated by separate regulations, in cases of the cessation of operation of a specific
type of works of public infraworks, such as a road, a railway or a deposition site.
- road-railway crossings
Invitation to a meeting on administrative demarcation and taking over must contain:
- the list of completed works envisaged for demarcation
- the list of invited co-owners and legal successors of works and:
• Investor
• Contractor
• Administrators, managers and maintainers of roads and railways (Direction of
roads (railways), Municipalities)
• Administrators of other infrastructure and natural resources (rural land, water,
forests)
The minute of meeting shall contain:
- list of committee members
- resume of contract provisions
- schedule of project and technical documentation
- building permit and permit of use
- financial values of parts of works being taken over
- eventual defects and imperfections to be remedied
- warranties
10 INSPECTION-IN-DEPTHS
10.1 GENERAL TECHNICAL CONDITIONS
- (see Volume 2, Section 1)
10.3.3.5 Institution
The Institution involved in quality taking over procedures of public works is named by the
Employer during proper procedure of public procurement.
The named Institution may subcontract specific tests to another competent Institution but
it is its responsibility to carry out all the work correctly and in time. The Institution may
not subcontract the producing of conformity assessment report representing the basic
document for taking over of a product.
10.3.4 Conformity assessment
10.3.4.1 General
These guidelines represent the minimal requirements for conformity assessment at civil
engineering works.
The conformity assessment consists of activities of internal and external control.
The applicable systems of conformity assessment, consisting of various combinations of
internal and external control, are for the purpose of these guidelines marked as: A; B; C;
in D.
Systems A and B are obligatory for the conformity assessment of products which
incorporated in works shall beside safety fulfill some other essential technical
requirements.
Systems C in D are convenient for conformity assessment of products which incorporated
in works shall fulfill only singular essential technical requirement,
The systems shall be defined with technical specification of product or by tender
documentation.
internal control the Institution asses the accordance of the control with the provisions
of technical specification for a product and that the evaluation of the conformity tests
fulfills the required performances or
- issue to the manufacturer or contractor an advertisement and demand corrective
measures when during the surveillance the Institution asses disagreement in internal
control from technical specification.
- cancel the validity of current certificate after repeated assessment of unconformity.
In the last case the manufacturer or contractor shall cancel the declaration of conformity
without delay.
10.3.6 Conditions for Manufacturer/Contractor and Institution
10.3.6.1 Manufacturer and Contractor of Works
The activities of internal control may carry out a particular department of manufacturer or
contractor which:
- employs the personnel qualified for performing the tasks of internal control
according to rules and which
- disposes with adequate working space and suitable testing and measuring
equipment (laboratory) according to the rules of conformity assessment of a
product performances.
After written order of an Employer the Institution shall asses and approve the conformity
of manufacturer’s or contractor’s laboratory.
A contractor or a manufacturer are deemed qualified for performing the internal control
when the current procedure of a site or factory production control in accordance with EN
ISO 9001/2 and with the technical rules for a product performance.
The qualification of a laboratory performing prescribed conformity, identity and
acceptance tests is assessed and approved on the base of:
- valid accreditation document according to EN 45001, issued by acknowledged
national or foreign authoritative body which shall include the approval of all
conformity tests of a product.
- affirmative statement of an Institution in all other cases.
When the manufacturer/contractor is deemed not qualified for performing all the activities
of internal control it may subcontract some or all activities with any qualified institution by
example an accredited testing laboratory.
10.3.6.2 Institution
The testing laboratories, the inspection bodies and the certification bodies must fulfill the
following minimum conditions:
- availability of personnel and of the necessary means and equipment;
- technical competence and professional integrity of personnel;
- impartiality, in carrying out the tests, preparing the reports, issuing the certificates
and performing the surveillance, of staff and technical personnel in relation to all
circles, groups or persons directly or indirectly concerned with construction
products;
- maintenance of professional secrecy by personnel:
- subscription of a civil liability insurance.
Fulfillment of this conditions shall be verified at intervals by the competent authorities or
Employer.
The Institution is named by the Employer after public procurement.
11 MAINTENANCE SUPERVISION
On-site-supervision of maintenance works is detailed treated with guidelines for
maintenance. This guideline treats only the variants of administrative organization and
general appointments of a supervisor.
The direct responsibility of the director of the Road Directorate is now smaller, as part of
the responsibility for the supervision (and therefore for the performance) of routine
maintenance is shouldered by the departmental head of the routine road maintenance
supervision department.
Although the routine maintenance supervision department employs the same number of
people as would be needed in case of direct supervision by the Road Directorate, the cost
efficiency and effectiveness of the work may improve because the sector can be
organized on a regional basis, which decreases the time and costs caused by the
supervisors traveling to the area they supervise. This also increases the supervision
quality since the supervisor can spend more time actually supervising the quality of the
maintenance work.
11.1.3 Supervision performed by a contractor
The Road Directorate conducts a public tender process to select a competent company
that will supervise the routine maintenance of roads. The company and the Road
Directorate sign a contract detailing the supervisory tasks.
The maintenance contractors now receive the Road Directorate’s instructions indirectly
through the company in charge of routine road maintenance supervision. Instructions
dealing with the performance of routine maintenance work are uniform all over the
country.
Routine road maintenance contractors have a contractual relationship with the Road
Directorate; this contract requires them to perform maintenance work and to inform the
Road Directorate on all matters affecting the roads they maintain. The Road Directorate
forwards all such information to the company in charge of the supervision of routine road
maintenance work.
A similar procedure is also used when preparing long- and short-term routine road
maintenance plans. The maintenance contractor prepares the plan, which is then
reviewed by the supervisor and approved by the Road Directorate.
The advantage of this arrangement is that supervisors are not employed directly in the
Road Directorate, meaning that there are fewer public employees. The supervising
company is organized as an independent entity that signs a contract with the Road
Directorate. The supervisors can be based away from the company headquarters, which
allows for more efficient use of their time, making the company as a whole function more
effectively. Choosing the supervisor through a public tender also reduces the supervision
costs.
The maintenance contractor must use the VGRC system to account for any previously
registered work no more than 5 calendar days after the work has been completed.
The maintenance log and the work account, both in electronic form, must be examined
and approved by the supervisory body no more than 15 days after the account has been
made, and no later than the fifth day of the next month. After that, the supervisory body
compares this data with its own records and may correct them if necessary. The approved
maintenance log or account of work is the basis for the preparation of monthly state of
routine maintenance reports.
The supervisory body’s other tasks include:
- participating in the preparation of annual work programmes of routine
maintenance and other work (patching, drainage, joint and crack sealing, wall
repairs, road-railway crossings, etc.),
- preparing the road condition records that are a basis for defining the priorities of
various tasks,
- preparing lists of needed works, tenders, preparation of contracts,
- participating in the preparation of winter maintenance execution plans,
- participating in the road condition and passability information service, which is
organized in the Road Directorate’s headquarters,
- participating in the settlement of damage claims and related problems,
- participating in technical control of roads after some work has been completed,
and of newly constructed roads,
- controlling any activities in the road body and the protected area of public roads to
make sure that any conditions set forth in the permit or approval issued by the
Road Directorate are being observed,
- maintaining an overview of any unauthorized activities in the road body and the
protected area of the road,
- participating in the technical inspection of completed work in the road body or the
protected area of the road,
- organizing the activities decreed by the road inspectors, participating in road
inspections,
- controlling any work carried out under the approvals issued by the Road
Directorate,
- immediately organizing the necessary activities to remove the damage caused by
environmental emergency events,
- supervising the work caused by environmental emergencies and preparing reports
on this work,
- preparing answers to tasks forwarded from the road administration,
- cooperating with other authorized institutions, and
- any other tasks assigned by the road directorate.
11.2.2 Maintenace works types and supervison methods
11.2.2.1 Inspection service
In the field, the supervisor inspects the condition of the road and, on the basis of the
supervision diaries he also inspects both quantity and quality of the works performed. He
also checks whether the contractor’s inspector has recorded or made good all the
deficiencies noticed.
At the office, the supervisor checks the quantity of executed kilometres for an individual
road section (in the supervision diary) as well as the total number of inspections at an
individual road base.
Required condition:
There are no potholes on the roads. The vertical traffic signs are adjusted. There is no
sand on the asphalt of crossroads and points of access.
At the office, the supervisor verifies whether the executed works comply with the planned
ones. He also checks whether correct data have been entered into the computer software
as well as the total amount of the works performed.
Required condition:
The grass on the shoulder or 1.30 m from the asphalt edge is not higher than 30 cm. The
grass which is more than 1.30 m from the asphalt edge, in ditches, and on slopes is not
higher than 40 cm. The grass in the sight distance triangle and in the berm is not higher
than 30 cm. The grass on islands at the crossroads is up to 30 cm high. All the grass
on a public road shall be mowed once a year (after September 15). Prior to winter begin
the grass height on a public road must not exceed 20 cm.
informs the contractor to enter those works into the programme of works for the next
month and to execute those works within the next month as well. During the patching
works the supervisor also inspects the intermediate working stages, from the cleanliness
and moisture of the surface to the compaction of the materials placed. He shall pay
special attention to the treatment of the joints. He shall also check the certificates of the
materials placed (granulometric composition. void content, compaction, etc.) for both
tampon materials and bituminous layers.
At the office, the supervisor verifies whether the executed works comply with the planned
ones. He also checks whether correct data have been entered into the computer software
as well as the total amount of the works performed.
Required condition:
On the carriageway there are individual potholes (not deeper than 5 cm with sharp
edges) of total area less than 5% of the carriageway area. No potholes are admitted on
cycle tracks and footways.
There are no ruts deeper than 5 cm on the carriageway. Minor winter damages (netlike
cracks) are allowed to the carriageway. The wearing course is partly peeled-off. On the
carriageway, cycle tracks, and footways there are minor unevenness in the longitudinal
and/or transverse direction.
damages shall be made good as soon as possible, and the road sections shall be
disturbed to the smallest possible extent.
At the office, the supervisor checks whether correct data have been entered into the
computer software as well as the total amount of the works performed.
Required condition:
In case of elementary events such as landslides, earthquake, floods, etc., on
expressways, main roads, and regional roads within the RS, which are subject of this
contract, the contractor is obliged to secure a dangerous location and to mark it by means
of suitable road traffic signs. Where circumstances allow, however without any hazard to
the contractor, the road shall be immediately cleaned and made free for traffic.
The contractor shall inform the client and the authorized supervising engineer, by phone,
fax or in writing, of any elementary event. The contractor shall fully comply with any
written instructions issued by the engineer, who is in charge to supervise the regular
maintenance. In case that the road is blocked the contractor shall inform the Motoring
Association and the local communities. Within 24 hours the head of the contractor’s
maintenance division shall prepare a report on the event including a cost estimation, i.e.:
- a cost estimation relating to re-establish the full traffic capacity of the particular
road
- a cost estimation relating to a long-term repair.
As a rule, the costs relating to re-establishing the condition after elementary events are
not subject of this contract, except in case of minor costs relating to re-establishing the
road passability.
When an event requires a roadblock, the contractor is obliged within a period of 24 hours
to submit to the Sector for traffic safety and technical regulation of traffic within the
Dirctorate for appraisal and approval the layout of the roadblock he has carried out.
In exceptional cases, where the extent of damages is significant, the contractor is obliged
to submit to the client a detailed report including a cost estimation related to re-
establishing the road passability within 3 days, whereas a brief report shall be submitted
within 24 hours.
In case of road accidents, where the contractor is requested to eliminate the
consequences of the particular accident or any other event (intervention teams), he is
obliged, within the frame of possibilities, to collect all the information on the causer of the
damage (registration plate of the causer’s vehicle, etc.), to provide photo-documentation
of the event, and to record damages to the road or road furniture. Within three days after
the event, the contractor shall submit a written report to the client, such a report
including the abovementioned data and appropriate photos. In addition, the contractor
shall also inform the client in writing of damage in cases, where he has not been present
upon the occurrence of such damage or he has established the damage within the scope
of performing the inspection service, not later than three days after such damage has
occurred.
The contractor is obliged to carry out the works in accordance with the Decree of
ensuring safety and health at work at provisional and mobile construction sites, as well as
with the safety plan being a constituent part of the contract. In case that several
contractors are engaged in the works, the contractor shall make an agreement on the
execution of works, the work programme as well as the implementation of safety
measures to protect the property of the client and other contractors.
11.2.2.18 Wintermaintenance
A duty operator shall perform a multiple daily road inspection, as necessary. He checks
the condition of the carriageway at critical locations. In fair weather this shall be done
from 4 to 5 a.m. In bad weather (ice rain, snow) such inspections shall be carried out by
the drivers of strewing and ploughing units, who also take adequate steps if necessary.
In the field, the supervisor simultaneously inspects the works and verifies whether the
works are executed properly and in due time.
At the office, the supervisor checks whether correct data have been entered into the
computer software as well as the total amount of the works performed. He also verifies
the mechanical reports, bills of carriage, tachometric records, book of orderly duty, and
other information as may serve to settle final account of the works performed.
Required condition:
The snow cover height on roads of class I does not exceed 10 cm. The snow cover height
on roads of class II to V does not exceed 15 cm. Roads of class IV and V may be closed in
wintertime (according to programme). Ploughing is carried out from 5 a.m. to 10 p.m.
Ploughing shall be done properly: the edges of the asphalt and shoulders are cleaned to
such a width that the water does not spill over the carriageway upon thawing of the
snow. Snow marking posts, palisades and supplemental traffic signs are placed in due
course and perfectly. After the snowing has terminated, all major culverts and bridges are
cleaned.
confirmed monthly progress statement. The client has the right, notwithstanding the
charged contractual penalties, to claim the contractor for eventual indemnification for any
suffered damage caused by the contractor by failing to fulfil the provisions of this
contract.
12.1 EU DIRECTIVES
COUNCIL DIRECTIVE 92/57/EEC of 24 June 1992 on the implementation of minimum safety and
health requirements at temporary or mobile constructions sites (8th individual Directive within the
meaning of Article (16/1) of Directive 89/391/EEC
COUNCIL DIRECTIVE 92/58/EEC of 24 June 1992 on the minimum requirements for the provision
of safety and/or health signs at work (9th individual Directive within the meaning of Article (16/1)
of Directive 89/391/EEC
COUNCIL DIRECTIVE of 16 June 1975 on the disposal of waste oils (75/439/EEC)
COUNCIL DIRECTIVE of 22 December 1986 on amendments to the Directive 75/439/EEC on the
disposal of waste oils (87/101/EEC)
COUNCIL DIRECTIVE of 15 July 1975 on waste (75/442/EEC)
COMMISSION DECISION of 21 April 1976 setting up a Committee on Waste Management
(76/431/EEC)
COUNCIL DIRECTIVE of 20 February 1978 on waste from the titanium dioxide industry
(78/176/EEC)
COUNCIL DIRECTIVE of 24 January 1983 on amendments to the Directive 78/176/EEC on waste
from the titanium dioxide industry (83/29/EEC)
COUNCIL DIRECTIVE of 8 June 1989 on the prevention of air pollution from new municipal waste
incineration plants (89/369/EEC)
COUNCIL DIRECTIVE of 18 March 1991 on amendments to the Directive 75/442/EEC on waste
(91/156/EEC)
COUNCIL DIRECTIVE of 12 December 1991 on hazardous waste (91/689/EEC)
COUNCIL DIRECTIVE of 27 June 1994 on amendments to the Directive 91/689/EEC on hazardous
waste
COUNCIL DIRECTIVE 94/67/EC of 16 December 1994 on incineration of hazardous waste
COUNCIL DIRECTIVE 96/59/EC of 16 September 1996 on the disposal of polychlorinated
biphenyls and polychlorinated terphenyls (PCBs/PCTs)
COMMISSION DECISION of 28 January 1997 establishing the identification system for packaging
materials pursuant to European Parliament and Council Directive 94/62/EC on packaging and
packaging waste (Text with EEA relevance) (97/129/EC)
COMMISSION DECISION of 3 February 1997 establishing the formats relating to the database
system pursuant to European Parliament and Council Directive 94/62/EC on packaging and
packaging waste (Text with EEA relevance) (97/138/EC)
COUNCIL DIRECTIVE 1999/31/EC of 26 April 1999 on the landfill of waste
COMMISSION DECISION of 3 May 2000 replacing Commission Decision 94/3/EC establishing a list
of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision
94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive
91/689/EEC on hazardous waste (notified by document number K(2000) 1147) (Text with EEA
relevance) (2000/532/EC)
DIRECTIVE 2000/76/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 December
2000 on incineration
COMMISSION DECISION of 16 January 2001 amending Decision 2000/532/EC as regards the list
of wastes (notified under document number K(2001) 108) (Text with EEA relevance)
(2001/118/EC)
COMMISSION DECISION of 22 January 2001 amending Decision 2000/532/EC replacing Decision
94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on
waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article
1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number
Safety gloves EN: 374, 388, 407, 420 to 421; 659, 1082,
12477, 50237, 60903,
Self-darkening filters (welding goggles) EN: 379,
Lifejackets and personal buoyancy aids EN: 340, 393 to 396; 399
Industrial safety helmets EN: 397, 812, 13087, 50365,
Helmets for firefighters EN: 443,
Eye protectors EN: 1731,
Mechanical vibration and shock EN ISO 10819
c) to prepare or provide for the preparation of the necessary adjustment of the safety
plan and documentation to the changes on the construction site;
d) to ensure cooperation and mutual informing of contractors, who either at the same
time or successively work on the construction site and their workers' representatives
with the aim of preventing injuries or health risks at work;
e) to check safe implementation of work procedures and coordinate planned activities;
f) to ensure that the construction site is accessed only by persons employed there and
persons authorised for access.
12.3.3 Obligations of clients, supervisors and contractors
Appointment of a contractor does not relieve the client or supervisor of responsibilities
related to ensuring safety and health of workers during works on the construction site.
Tasks implemented by coordinators do not affect the obligations of the contractors as
regards the provision of safety and health of workers on the construction site pursuant to
the law regulating safety and health at work.
The contractors must follow the instructions of the coordinators.
sites, workshops, office for managing the construction site and engineer/supervision,
changing rooms and sanitary premises for workers as well as other information relevant
for safe and reliable operation of the construction site.
Prior to the start of construction the plan of construction site organisation has to be
approved by the investor.
The plan of construction site organisation need not be prepared for self-managed
construction and the construction of less demanding and simple facilities, unless such
construction takes place in areas referred to in the previous paragraph or if three or more
less demanding facilities are planned to be constructed at a single location or building
plot.
If construction is carried out in the area of a public airport, road, railway or port, which is
operating and the construction and operation of such public infrastructural facility have to
be simultaneous, the plan of construction site organisation has to provide for safe air,
road, railway and see transport.
If construction is carried out in an area with overhead lines or underground cables of
public infrastructural facilities, such as sewage, water pipeline, electricity network,
telecommunications network, gas pipeline, heating installations and other utility facilities,
the plan of construction site organisation has to provide for their uninterrupted operation.
Before any works start being implemented in the area of the future construction site, it
has to be ensured that during the implementation of works all workers' safety and health
hazards are prevented which could arise from the existing installations, devices, facilities
and activities (being) carried out on the construction site.
Throughout the construction, the construction site has to be arranged so that it enables
unobstructed and safe implementation of all works, preventing danger of injuries and
health risk to workers and other persons. All passages and accesses to the construction
site have to be clear, wide enough, regularly cleaned and maintained as well as suitably
illuminated. Any vertical rods and other obstacles protruding from the ground or ceiling
have to be bent or protected and marked so that the workers cannot injure themselves.
The construction rules have to be posted at visible places at all entries to the construction
site, in the cafeteria and all changing rooms of workers.
Auxiliary construction site facilities, such as carpentry, joiner, locksmith and other
workshops as a rule have to be outside dangerous zones. If this is not possible, safety
and health of workers have to be ensured in some other suitable way, as specified in the
safety plan.
All measures that have to be implemented in order to ensure safety and health of workers
due to circumstances and events not projected in the safety plan have to be recorded by
the safety and health co-ordinator in the book of measures for safe work. The book of
measures for safety work is kept by the co-ordinator and has to be at the construction
site at all times, available to the work inspection and all contractors implementing works
on the construction site.
In the case of major works the investor may require that the constructor builds and
equips working premises for a supervisor or engineer.
Specific equipment required by the investor on their working premises is usually the
following:
- telecommunication equipment
- personal computers with software
- off-road vehicles
- rest premises for workers - only for three-shift work (tunnels)
All equipment has to comply with the relevant standards, ensuring safe and healthy work
and transport.
- septic tank with several divisions, volume 2,000 l/person or min. 6,000 l if pumped,
if there are more than 10 but less than 60 persons;
- if more than 60 persons are permanently employed, a (temporary) biological
cleaning device has to be provided.
A project has to be prepared for a toilet with septic tank and the rules of procedure drawn
up. The rules of procedure have to comply with the Instructions on Septic Tanks and
Leaching Cesspools. The latter determine that septic tanks have to be emptied at least on
a yearly basis or when 2/3 full. When emptying, 1/6 has to be left inside to enable the
metabolism. The rules of procedure have to specify the mud disposal sites resulting from
emptying. A disposal site has to be properly selected according to the local situation.
A sanitary container on the construction site provides a combination of a toilet and a
shower and is today most frequently used.
In environmentally vulnerable areas (underground water), toilets with septic tanks must
not be provided and used. In such cases, chemical toilets have to be used instead of
flushing toilets and rules of procedure for handling and maintaining them drawn up.
SP has to include:
- sanitary facilities of accommodation facilities in the facility design (A.1);
- changing room area and the number of lockers (double);
- the number of toilets by the number of employees, taking gender into account;
- the method of organisation according to environmental protection conditions;
- drawing of locations of toilets and washing water RP 1:1000;
- a plan of a toilet with a septic tank;
- rules of procedure and maintenance of sanitary facilities;
- a plan of chemical toilet, rules of procedure and keeping of operation log.
12.4.4.1.3 Dressing rooms
Appropriate changing rooms must be provided for workers if they have to wear special
work clothes and where, for reasons of health or propriety, they cannot be expected to
change in another room.
Changing rooms have to be equipped with lockers for personal items.
Every worker has to be provided at least one locker, however, if (s)he carries out work in
extremely dirty, aggressive or hot atmosphere, the employer has to provide him/her
separate lockers for dirty and clean clothes.
Changing rooms are not necessary if the implementation of works is of short-term nature
or when they are available to workers less than 30 km away from the construction site
and the employer provides transportation for the workers to these changing rooms.
Workers have to have a place available where they can lock their clothes and personal
possessions in such case.
Changing rooms must be easily accessible, roomy and equipped with seats.
If circumstances so require (e.g. dangerous substances, humidity, dirt), lockers for work
clothes must be separate from those for ordinary clothes and personal items.
Provision must be made for separate changing rooms or separate use of changing rooms
for men and women.
12.4.4.1.4 Showers and washbasins
A suitable number of showers has to be provided, if so required by the nature of work or
health reasons.
Provision must be made for separate showers or separate use of showers for men and
women.
The shower rooms must be sufficiently large to permit each worker to wash without
reservations in conditions of an appropriate standard of hygiene.
Distribution devices bought after 1 January 2003 have to be designed in line with the
requirements of the standard EN 60439-4.
They have to be fixed, accessible and closed. They have to be equipped with a protective
device with differential current (FI - switch), which does not exceed the nominal value of
30 mA.
Free electricity lines on the construction site have to be installed so that there is no
danger of mechanic injury. Freely placed on the floor can be only cables of HO 7 RN - F
type, which have to be mechanically protected or installed at prescribed height at all
passages for vehicles and in the areas where heavy construction machinery is used.
Extension cables for power supply to electrical movable and portable tools and devices on
the construction site have to be flexible. Cables bought after 1 January 2003 have to be
produced according to the requirements of the standard HD 22.4, at least in HO 5 RN - F
version and with suitable mechanic protection or installed at adequate height as stipulated
in special regulations. On construction sites only such cable drums can be used which are
equipped with covered sockets protected against water sprays, thermic protection against
overheating and heavy rubber cable type HO 7 RN - F.
Before cable extensions are used, they have to be visually inspected. When there is visible
damage on isolation, inlet, plug, socket, thermic protection or when the cable is pulled
from the socket or plug, the extension must not be used. The isolation must not be
patched with the isolation tape.
Electrical devices can be connected to the network only through electrical distributors,
additionally protected by protective device with differential current with nominal value up
to 30 mA. Electrical devices must not be directly connected with the house installation
sockets.
On the construction site only plugs and sockets with a protective pole or industrial sockets
can be used. The use of distribution sockets is prohibited. Industrial three-phase sockets
have to be five-pole with rightward connection.
General illumination of the construction site (when works are implemented at night and in
areas where there is no natural light) has to be at least 50 luxes, while local illumination
on work places next to machines and where load is attached and released has to be at
least 150 luxes. Lighting bought after 1 January 2003 has to be designed in accordance
with the requirements of the standard EN 60 598-2-8 of at least IP 23 type and protected
against damage by a protective net or installed at least 2.5 metres above ground and
always clean.
In wet and moist areas only such devices may be used which are permitted to be used in
constricted areas and are well guidable.
Electrical installations, devices and equipment on the construction site can be used only
after the measurements have shown that they are impeccable. Periodical tests of
installations have to be performed at least twice a year (in the summer and in the winter).
Visual inspections have to be carried out regularly by qualified construction workers and
monthly by qualified electro-technical engineers. The measurements and monthly
inspections have to be minuted and relevant records kept until the construction is
completed.
12.4.6 Traffic communications, emergency routes and exits
The issue depends on the following factors:
- the spread of the existing road network, whether national or local;
- the quality of the existing road network;
- the scope of cargo to be transported to the construction site from various external
locations;
- the type of cargo;
- means of transport and their characteristics (the number of axes and axle load);
- traffic density on these roads;
- road route (outside urban area or/and in urban area);
- bearing capacity of bridging structures and other.
The contractor implementing the works or the client have to prepare a study to establish
the possible increased load of a public road used for transport and implement
construction measures to mitigate the impact on such roads and accompanying facilities
as well as the negative impacts on the health and safety of the inhabitants, if such
transport routes lead through urban areas.
Transport routes, stairs and passage ramps have to be designed, located and installed in
such a way that they ensure safe passage or transport and so that traffic streaming over
them does not endanger the workers working on work sites in the approximate vicinity.
The area designated for vehicles and the area designated for pedestrian passage have to
be apart and separated by a fence. The doors must not open towards the area designated
for passage.
Accesses to work places at height (or depth) can be provided only in the form of ramps or
stairs.
SP has to:
- establish the number of vehicles with load bearing capacity of 10 tons or more on
the existing road based on at least 4 traffic counts at the target-source location;
- calculate road loading by construction site traffic, taking into account the schedule
and transport routes, using the vehicles with load bearing capacity of 10 tons or
more;
- specify the percentage by which the road load will increase;
- provide for consolidation and expansion of the exiting roads in line with the
increased load, based on the methods for dimensioning carriageway structure;-
- provide for the implementation of measures ensuring the safety of pedestrians and
cyclists;
- provide for the installation of additional traffic and warning traffic signs;
- provide for arrangement of cleaning sites with water at locations where mudded
vehicles passing from the construction site to a public road are cleaned; These
pools have to be watertight and drained to a discharge duct or ditch after the
waste water us treated and passes through an oil trap;
- provide for strengthening of bridging structures.
10.00 m minimum. The area has to be concrete paved with slopes towards the intake
shaft with oil trap.
SP and rules of procedure or internal rules have to specify a person in charge of
monitoring, in addition to which instructions have to be drafted and all operators of
vehicles, machines and devices informed thereof.
If workers must enter a closed area where the atmosphere may contain a toxic or harmful
substance or if the atmosphere does not contain sufficient oxygen or is flammable, the
atmosphere has to be controlled and adequate measures preventing danger have to be
introduced.
If in closed area hazardous gases arise in working process, forced ventilation has to be
provided, gases controlled and an alarm system set up.
The dust and gases resulting from the work process have to be sucked out at a location
nearest to the place of their origin.
Under no circumstances may a worker be exposed to high risk in closed atmosphere, if
they are not all the time under external supervision so that they may be assisted in any
moment, if necessary.
Work places in closed, tight (pipelines, silos, etc.) and underground areas (tunnels, wells,
shafts, etc.) have to be ventilated so that the oxygen concentration in the air is at least
19%; maximum permitted concentrations of hazardous gases and dust in the air must not
be exceeded; possibility of explosion has to be non-existent.
When on the construction site workers implement works in very dusty atmosphere, under
the influence of poisons, caustic substances or substances that may cause an infection or
when they work in a hot room, one shower with hot and cold running water, soap,
protection cream and means of disinfection have to be provided for every 10 workers. If
under such conditions more than 10 workers carry out works on the construction site for
more than 14 days, bathrooms have to be provided. The temperature of these premises
in the period between 15 October and 30 April must not be less than 21oC.
When works are planned to be implemented on the construction site outdoors or on open
premises, an area has to be provided where workers can rest, dry their clothes and warm
up. The clear surface of such area has to be at least 0.75 m2 per worker, but not less
than 4 m2, while the height has to be at least 205 cm. The temperature of these premises
in the period between 15 October and 30 April must not be less than 21oC. Changing
rooms or accommodation facilities can be used as the area for staying or warming up,
provided that they meet the above stated requirements. These premises need not be
provided on construction sites, where up to five workers work for less than seven days,
however it has to be made sure that the workers can dry their clothes and warm up.
The construction site has to include a clean room with tables, which the workers can use
as a dining room. There have to be chairs at tables. The room has to be equipped with
hangers for over clothes, while close by the workers have to be able to wash their hands
and be provided cold drinking water or other chilled alcohol-free beverages. In the winter,
the room has to be suitably heated. Dining rooms are not necessary, if the employer
provides workers meals in some other suitable way (at public restaurants or bistros near
the construction site).
12.4.11.1.3 Protective equipment
The personal protective equipment specified in the safety plan and other regulations has
to be manufactured in accordance with regulations and standards, used for specific
purposes as well as maintained and checked before use. It shall be prohibited to use
damaged, worn out, and poorly maintained personal protective equipment and equipment
past the expiration date.
Any person being present, for any reason whatsoever, at the construction site where the
possibility of objects falling on the head, falling for more than 1 m or a blow to the head
from impact with a hindrance in space exists or the safety plan has determined the
possibility for injury of the head due to other causes, shall wear a protective helmet.
Signs specifying obligatory wearing of a helmet shall be placed on all accesses to the
construction site and on exits from facilities to the construction site.
When the danger of head injuries exists only on a part of the construction site, the co-
ordinator in charge of safety and health may, notwithstanding the provisions of the first
paragraph hereunder, specify that a safety helmet be worn only on the part of the
construction site in question.
The danger area shall be specifically marked and signs indicating obligatory wearing of a
helmet shall be placed on all accesses to the area.
In case workers of a single employer perform work in closed spaces of the construction
site, for which the co-ordinator in charge of safety and health has established that there is
no danger specified in the first paragraph hereunder, they do not have to wear helmets.
However, they should be in possession of helmets and use them on other parts of the
construction site. Such measure shall only apply if entered in the book of measures for
safe work.
The number of helmets available on the construction site has to equal the maximum
number of visitors allowed at any time, which must be defined in the safety plan for the
construction site in question.
When the co-ordinator in charge of safety and health establishes that no danger for head
injuries exists anymore, the signs indicating obligatory wearing of helmets shall be
removed and the measure entered in the book of measures for safe work.
presence of carbon monoxide and other harmful, inflammable or explosive gases shall be
established.
Excavations in depths exceeding 100 cm shall be carried out with obligatory
implementation of safety measures preventing collapse of soil from the sides and mucking
out of excavated material (using sheet piles, slurry trench techniques or arrangement of
slopes below the angle of inner friction of earth). At least 100 cm wide free area
(clearance) shall be provided on the upper edge of the excavation, where no material
deposit or use for transport are allowed. Excavations as well as slurry trench techniques
for slopes shall be performed professionally, in line with appropriate norms and static
calculations and under direct supervision of the manager of individual works. The
possibility of flood or increased pressure in excavated walls or sheet piles shall also be
taken into account.
In traffic areas, the protection and stability of slopes shall be previously proven by taking
into account the expected load.
Building pits and excavations deeper than 2 meters and having slopes under an angle of
more than 45° (steeper) shall have a safety fence erected at least 100 cm from the upper
edge or arranged protection of the danger area of the excavation.
Earth excavations have to be made from top down. Sapping is not permitted.
In machine excavations, no presence in the machine's work area shall be permitted.
Manual work may be performed only when the machine is not operating.
Trenches and other excavations must be made in adequate width enabling unhindered
work in them, meaning that after slurry trenching and placement of pipelines or other
facilities (panelling, walls…) the excavation still has at least 60 cm available for movement
of workers.
The stability of the machine shall be provided in machine excavations. The excavated
earth shall be deposited so that stability of lateral sides of the excavation is not
endangered. The edges of excavation (and the 100 cm area along them) may be loaded
with machinery or other heavy equipment only if appropriate measures preventing
collapsing, which would result from the additional load, have been taken.
The formwork for slurry trenching of lateral sides of the excavation shall be at least 20 cm
above the terrain. Wood or other material and equipment of appropriate strength and size
shall be used for slurry trenching of lateral sides of the excavation.
The means for joining and strengthening of parts of support members (wedges,
hardware, screws, nails, wire and such) shall comply with the relevant SIST standards.
The empty space between the formwork and the lateral side of excavation shall be filled
and strengthened. The formwork shall fit to the bottom of excavation over the entire
length.
Removing formwork upon filling of the excavation shall be made in accordance with the
instructions and under supervision of the manager of individual works. In case removing
of the formwork would endanger workers, it shall be left in the excavation.
For stepping down of workers in the excavation deeper than 100 cm or return therefrom,
a ladder of appropriate length shall be provided, so that the hand handle shall be at least
100 cm above the edges of the excavation.
The ladder can be replaced by adequate stairs or ramps, if such a method provides for
safe movement of workers during precipitations.
Prior to commencement of work related to excavations of earth and in any case after
adverse weather conditions, frost or melting of snow and ice, the manager of individual
works (earthwork) shall examine the excavation and, if need be, take appropriate action
(in order to protect against collapse of lateral sides of the excavation).
Ways and ramps used for hauling material from the excavation shall be appropriate with
regard to strength of the terrain and characteristics of transport vehicles. Their inclination
Power installations and equipment shall be implemented as prescribed for narrow and
guidable spaces and shall be checked regularly at least once a month and after any
reallocation, flooding or other change.
Any machinery used in construction under ground shall be in perfect working condition,
and machine operators shall be specially trained to operate such machinery.
Machines with internal combustion engines may only be used if they have diesel engines
equipped with devices for cleaning exhaust gases.
Vehicles for transporting material shall be equipped with appropriate light and sound
signals, which are automatically turned on when driving in reverse. The work place of the
machine operator shall be protected by a protective construction.
Machinery and vehicles shall in addition to the prescribed equipment also have a handy
fire extinguisher. Examination of the work equipment shall be made prior to each
reallocation to a new construction site and at least once a year.
As regards the use of chemicals added to concrete for faster setting, regulations and
instructions for working with dangerous substances shall be taken into account and
appropriate protective equipment used.
12.4.11.4.3 Constricted work sites, shafts and pipelines
Work in constricted areas may only be performed by adult, capable in terms of health and
qualified workers, previously informed on dangers and measures for safe work in narrow
areas.
Prior to commencement of work, the manager of individual works shall check the
condition of the pipeline (inspection for presence of any gases, visual check…) and
implement the required preventive measures for providing safety and health of workers.
Any work in pipelines may only be carried out under direct supervision of the manager of
individual works.
Protection of workers in pipelines shall be provided from the surface in all open accesses.
Reliable means of communication shall be used for communication between workers in
the pipeline and the responsible person outside. The manager shall have a telephone on
their person to be able to call the rescue service.
Outside, near entries to the pipeline, the number of qualified workers and appropriate
equipment shall be such that rescuing of workers from the pipeline may begin
instantaneously.
Each worker in the pipeline shall be equipped with a battery or electric flashlight.
Lowering and lifting of workers by means of a ladder in a vertical pipeline (or shaft) of
more than 5 m in height shall only be permitted by using the personal protective
equipment against falling. The exit ladder shall be placed in the pipeline at all times
during work.
Workers may only perform work in pipelines with the diameter of more than 1000 mm.
Work in pipelines with diameter between 600 mm and 1000 mm may be performed in
exceptional cases only, provided that:
- It is previously established that such work can be performed without any danger
for collapse of pipes, explosion, drowning, suffocation or poisoning of workers;
- It is ensured that workers move in the pipeline using only devices which are
interlinked and guided by ropes or bars from the entry opening to the pipeline or
from outside.
- the worker is under constant visual supervision.
It shall be prohibited for any worker to enter a pipeline with diameter of less than 600
mm.
In exceptional cases, work may be performed in pipelines with free surface (without
increased pressure) with diameter of more than 1000 mm also in cases when the pipeline
cannot be fully emptied. In such cases, the employer shall provide special instructions for
carrying out work and implementation of measures for protecting workers against
drowning and other dangers.
Power supply installations, machinery and devices used for work in pipelines shall comply
with regulations regarding narrow and guidable spaces.
Appropriate regulations regarding work in constricted spaces shall be taken into account
when welding, sawing and carrying out similar procedures in pipelines.
The use of liquid gases and work machinery with internal combustion engine shall be
prohibited in pipelines.
Forced ventilation shall be provided, if harmful gases or dust result from the work
process. The dust resulting from the work process in the pipeline has to be removed or
sucked out at a location nearest to the place of its origin.
Workers shall immediately leave the pipeline in case of flooding, occurrence of harmful
gases, power failure or shutting down of the ventilation system. Work may be resumed
only after the manager of works has verified that the danger no longer exists.
12.4.11.4.4 Wells and caissons
All diving bells and underwater caissons have to be made of suitable material of
appropriate strength, adequately equipped, so that in the event of water or material
intrusion workers can recourse to a safe area.
Construction, assembly, modifications or disassembly of diving bell or caisson can be
carried out only under expert supervision.
All diving bells and caissons must be checked by an expert at suitable intervals.
12.4.11.4.5 Danger of drowning
In case the danger of drowning exists, the following shall be provided for:
- appropriate arrangement of the site and adequate equipment ensuring work
safety;
- the prescribed rescue equipment and means of rescue (as applicable for bathing
sites);
- at least one qualified water rescuer;
- training of workers for self-rescue from water (swimming);
- unhindered access for rescuers and rescue equipment;
- other prescribed measures.
During work above/near rivers and water barriers with a large flow, workers shall in
addition to implementation of other measures for safety and health at work also wear
lifejackets.
As regards inflows to power plants and other sites where water has a sucking effect,
gates shall be closed prior to commencement of work or other appropriate measures
taken to prevent sweeping off or drowning of workers.
As regards work sites where the danger of drowning exists due to fast rising of water
level, measures shall be envisaged (supervision, signals, methods and routes for
escape…) and equipment for quick rescue or escape of workers from the danger area
provided.
As regards waters with traffic, measures for protecting the work site against dangers
arising from water transport shall also be provided.
As regards work sites on floating objects (platforms, ships, boats, pontoons…), lifejackets
for all workers and any visitors of the facility shall be provided.
Vessels shall have a sailing permit in accordance with special regulations and shall be
(when work is carried out from them) firmly fastened or anchored and have safe access
from land and water.
The areas on vessels where the possibility of falling into water exists shall be protected by
a solid and stable protective fence. Openings in the floor of the vessel shall be
permanently closed or protected by a safety fence unless being used.
the traction force of the machine. The machine's traction force shall be transmitted to the
surface of the facility or the part to be demolished (wall, column and other) evenly by
using placed under planks, beams and such.
Buried concrete columns, steel supporters and other parts of the facility shall not be
pulled from ruins by using machinery without removing the ruins first. Demolition or
pulling of heavy objects from the construction facility shall not be carried out by using
tractors with wheels.
When individual parts or the entire construction facility is demolished by blasting,
regulations regarding handling of explosives and blasting shall be complied with.
Forced taking down of the formwork by using lifting or other equipment shall not be
permitted. During sliding or taking down of the formwork by using winches (or manually),
it is not permitted to stand on the equipment gripping the formwork (sledges and such).
Concreting and concrete treatment with equipment under high pressure may only be
performed by qualified workers. The area where such work is carried out shall be secured
at the appropriate distance and marked by a warning tape, no access sign and the
general danger sign. Workers performing such work shall use personal protective
equipment during the work for protection of the face, respiratory system and the entire
body.
Prefabricated construction shall only be permitted in accordance with the assembly
programme, which shall include the following:
- plans of prefabricated elements including data on their weight, marking, support
points for transport and storage and details on anchors for moving;
- description of the required lifting devices and the plan of auxiliary devices for
moving;
- plan for storage on the construction site;
- description of the assembly procedure (order of production and transport of
individual prefabricated parts, the method and order of lifting, placement and
strengthening of prefabricated elements…);
- safety measures for all work related to prefabricated construction.
Joining and fastening of prefabricated elements and other assembly work on the facility
shall only be preformed by adults capable in terms of health to work at heights and
trained for safe assembly under direct supervision of the manager of individual (assembly)
works.
Each prefabricated element shall be adequately visually and otherwise appropriately
marked in accordance with the prefabricated construction programme. The production
date and weight of the element in kilograms shall be marked on the element in addition
to the marking referred to above. In addition to parts needed for assembly and fastening
of the element on the facility, each element shall also have auxiliary metal anchors
enabling reliable moving and placement of the element on the assembly spot.
Prefabricated construction shall only be permitted with the use of appropriate transport
and lifting work equipment and auxiliary devices prepared for such work.
Work at heights related to prefabricated construction shall only be permitted with the use
of specified-purpose equipment for work at heights (scaffolds, equipment for lifting
people…). Walking and work on elements not being stably placed shall not be permitted.
Prefabricated elements on the construction site shall be properly and in line with the
assembly plan placed on a particular spot so that they may be without any delay and
safely moved and installed in the facility.
Fastening of prefabricated elements on a hook and their unfastening from a lifting device
in loading to motor and other vehicles and unloading therefrom shall generally be carried
out without the workers mounting on the vehicle or the elements.
The driver shall not be in the cabin of the vehicle during lowering and lifting of
prefabricated elements to/from the motor vehicle by a lifting device.
Assembly of elements on a higher floor of the facility shall not commence until reliable
access to this floor has been provided.
Assembly of heavy prefabricated elements (slabs, beams and other) shall only be
permitted after previous preparation of auxiliary devices for moving, placing and fastening
of elements on the facility (yokes, moving frames and other).
Auxiliary devices shall be prior their use examined and tested with regard to the planned
load.
During moving, placement and fastening of each individual prefabricated element on the
facility, the signaller and the lift operator shall carefully monitor the path of the
prefabricated element to the assembly spot and the work of assembly workers placing
and fastening the element.
The assembly worker shall use a special signal to inform the signaller and the lift operator
that the operation of moving and assembly of the element on the facility has been
concluded.
Parts of the reinforcement protruding from the element after the assembly, which may
cause a worker to get stuck or injured, shall be appropriately removed or protected (cut
off, bended and similar).
12.4.11.7.1 Works during the tensioning of tendons in prestressed constructions
Works during prestressing may be carried out only by expert professionals acquainted
with dangers and safety measures which need to be considered during work. In the
approximate vicinity of the work sites there have to be instructions for safe work and
safety measures as well as the documents about work equipment.
The works are carried out in three phases:
12.4.11.7.2 Tendon composition and assembly
The anchor head has to be installed precisely in the tendon axis. Protective rib pipes have
to be assembled and installed according to the manufacturer's instructions. Only
undamaged pipes, clips and injection pipes may be installed. Before tendons are installed,
the functioning of the equipment for pushing strands and pulling rope has to be checked.
The workers must avoid strand exit locations. All manual interventions in driving or
measuring wheels are prohibited.
12.4.11.7.3 Tensioning
Tensioning is carried out by means of a tensioning device. During tensioning, none of the
workers can stand behind or below the tensioning device. The tensioning device has to be
mechanically secured to mitigate the blow if a tendon breaks. The strand or rope gripping
mechanism has to be in perfect condition. It is strictly forbidden to remove protective
devices on work equipment. The pipes of the hydraulic mechanism have to be laid
without sharp turns, transparently and not over sharp objects. Manual interventions in
moving elements or parts of machinery are prohibited.
12.4.11.7.4 Injection
Injection pipes have to be firmly attached to injection caps. Before injection, the
passability of the pipe has to be checked by inserted tendons. The injection mass mixer
and pump can be lifted to a suitable position only by the specified lifting device. Injection
must be supervised by the injection manager.
If workers work on a roof, near it or on any other area made of breakable material,
through which they might fall, the employer must adopt safety measures to ensure that
workers do not walk over such area carelessly or fall off.
Work on surfaces with the inclination exceeding 450 and on roofs may only be carried out
by workers capable in terms of health to perform work at heights. Such work may only be
performed in favourable weather conditions and with implemented measures for
preventing of sliding and falling of workers.
Measures for preventing of sliding and falling shall be implemented with regard to:
- height of the work place;
- inclination of the surface (steepness);
- type and bearing capacity of the roofing (or other surface);
- duration and type of work (and dangers arising therefrom).
As regards height and inclination of the surface, the following measures shall be deemed
appropriate: on areas with inclination up to 200 the installation of safety fences on
overhangs of roofs (or scaffolds along the roof) or placement of warning signs about the
danger area at least 2 m from the overhang – only when there is no danger of sliding on
the surface (the surface is not made from smooth sheet metal or material with similar
characteristics);
As regards surfaces with inclination between 200 and 450, placement of safety fences or
safety scaffolds or nets on overhangs of roofs on such distances that the height of sliding
is less than 5 m;
As regards surfaces with inclination between 450 and 600, protection (fastening) of the
worker by using personal protective equipment against falling shall be used in addition to
placement of safety fences or safety scaffolds or nets specified in the previous indent
hereunder;
As regards surfaces with inclination exceeding 600 in addition to measures specified in the
previous indent hereunder, safe access (stably placed ladder…) for climbing the surface
shall be provided and horizontal working platforms placed at every 2 m to be used by
workers for performing work (fitted with safety fences).
Safety fences shall have at least the height providing that the upper edge measured right-
angled to the inclined surface is not less than 100 cm above such surface. In case the
inclination of surface is more than 450, the lower (solid) protective edge of the fence shall
have the height of at least 50 cm or the fence shall be protected by a net preventing the
material from falling.
Prior to commencement of work on existing roofs the responsible person appointed by the
employer shall check the condition of the roof structure and the roof itself (laths, roofing)
and, if need be, take all measures required for preventing injury of workers or other
persons.
No one shall be allowed in the area directly under the roof construction during work on
the roof. The danger area shall be protected and marked by placement of appropriate
danger signs.
As regards roofs covered with fibre cement plates, thin sheet metal or similar roofing
(industrial roofs) unable to sustain large loads (weight of workers, material and tools),
reliable passages and working platforms shall be prepared prior to commencing the work.
Areas safe for movement of workers shall be clearly marked.
In cleaning of snow and maintenance of the roof near light shafts, windows and other
breakable surfaces, the employer shall provide for appropriate protection of such surfaces
(covering with safety nets…).
Light shafts and windows with glass cover shall be raised above the roof level. All
industrial roofs regardless of their shape and roofing type shall have reliable access to
such spots.
Accesses, passages and working platforms shall be at least 60 cm wide and, if need be,
have solid protective fence.
In case of short periods of work on the roof requiring plenty of movement, workers may
be protected against sliding and falling only by personal protective equipment against
falling. The danger area around the facility shall be protected against falling material.
12.4.11.9.2 Falling objects
Workers have to be protected against falling objects by collective measures whenever this
is technically feasible.
Materials and working equipment must be placed or distributed so that they cannot fall
down or tip over.
If necessary, roofed passages have to be provided on the construction site or access to
dangerous areas prevented.
Work places which involve the danger of falling have to be fall-protected, namely:
independently of the height, work places at passages and paths as well as above and next
to water and substances where there is danger of drowning; more than 1 metre above
ground at staircases, ramps, passages and work places next to machines; more than 2
metres above ground at all other work places; all openings and deepening in ground,
mezzanine constructions, on roofs.
Regardless of the first paragraph of this item, protection need not be provided when
workers are in terms of health capable of implementing works at height and carry out the
following works:
- at the height of 5 metres, when preparing supporting scaffold of mezzanine plates
with maximum 20° inclination;
- on the external (or opposite) side when constructing or concreting a wall up to 7
metres high above the terrain or ground. However, such work place where a
worker stands and works has to have fall-protection behind the worker's back.
Implementation of works above work places is permitted only if adequate protection
measures for all workers are provided.
- Auramine production.
- Work involving exposure to polycyclic aromatic hydrocarbons present in coal soot,
tar or pitch.
- Work involving exposure to dust, smoke, vapours or aerosols arising from roasting
and electrolytic refining of copper-nickel compounds.
- Strong acid procedure for producing isopropyl alcohol.
- Work involving exposure to hard wood dust.
In road construction research is carried out about the workers' exposure to carcinogens
and mutagenic substances in production and installation of asphalt mixtures. (European
Asphalt Pavement Association; Health, Safety & Environment Committee).
During the implementation of works where there is the risk of exposure to particles of
carcinogens and mutagenic substances, the employer has to establish the nature, level
and duration of exposure in order to assess the risk for safety and health of workers and
based thereon specify all the necessary safety measures.
When risk is estimated, all exposure paths have to be considered, and particular
attention has to be devoted to carcinogens and mutagenic substances which more easily
penetrate through skin and can lead to absorption of carcinogens and mutagenic
substances into and/or through skin.
The employer has to pay special care to the assessment of risk of young, pregnant and
nursing workers who may come into contact with carcinogens and mutagenic substances,
taking into account the possibility of assigning these workers to such work places where
they will not come into contact with carcinogens and mutagenic substances.
The employer has to provide for health supervision of workers who come into contact
with carcinogens and mutagenic substances.
The employer has to inform the competent body thereof in writing 15 days before the
carcinogenic or mutagenic substance starts being used.
The employer must provide for lower exposure of workers, namely:
1) The employer has to, if this is technically possible, replace and substitute the
carcinogenic or mutagenic substance at work place with a substance, preparation or
process which is under the conditions of use not dangerous or is less dangerous to
safety and health of workers.
2) If a carcinogen or mutagenic substance cannot be technically replaced by a
substance, preparation or process which is under the conditions of use not dangerous
or is less dangerous to safety and health of workers, the employer must make sure
that these substances are produced or used in a closed system.
4) The employer must ensure that at work place workers are not exposed to
concentrations of carcinogenic or mutagenic substances in the air exceeding the
maximum values specified in the regulations (Attachment III of the Rules on the
Protection of Workers from the Risk Related to Exposure to Carcinogens and
Mutagenic Substances).
For all works during which the use of carcinogenic or mutagenic substances cannot be
avoided, the employer has to adopt and implement the following measures:
a) reduce the quantity of carcinogenic or mutagenic substances at work place to a
minimum;
(b) reduce the number of workers exposed or potentially exposed to carcinogenic or
mutagenic substances to a minimum;
(c) plan work procedures and technical control measures so that the release of
carcinogenic or mutagenic substances into air at work place is prevented or reduced
to a minimum;
- after any modification, after a longer period of non-use, after being exposed to
poor weather or earthquakes or any other circumstances which could influence the
stability and strength of the device.
All findings are entered in the device control list, signed by the responsible manager of
works, geomechanic and safety and health at work coordinator.
Scaffolds may be set up, reshaped, upgraded and disassembled only under direct
supervision of the managers of individual works (responsible person), who are in terms of
health capable of implementing works at height.
As regards construction sites where movable lifting devices with hooks and other handling
devices suspended on a steel rope are used for lifting and moving loads, the employer
shall provide for safety of loads and workers in the danger area.
Transport devices in the form of containers may only be filled up to two thirds of their
volume or up to the height marked on the container.
The danger area on the spot where loads are being lifted shall be fenced or marked by
suspended loads and no access warning signs. Access to the danger area under the
loading platform of the lift shall only be permitted to workers loading or unloading
material.
The area of loading and unloading of loads for lifts on individual floors shall be
appropriately protected to prevent workers falling from the floor.
In case of lifting of loads, protruding parts shall be removed throughout the length of the
construction facility or guides preventing the load from getting stuck shall be placed.
Transport of persons with lifting devices for transporting loads shall only be permitted in
extraordinary situations, namely:
- in case the placement, use or disassembly of means for access to the work site,
such as stairs, elevators, ladders, lifting platforms or similar devices is impossible
due to configuration of the work site or when ascending/descending by using such
devices poses greater danger to workers;
- in case of work carried out over short time periods.
The following shall be provided with that regard:
- that persons shall be lifted and lowered only in specially manufactured equipment
for personal transport (baskets);
- that safe entry and exit are provided for. The basket shall be stably placed on a
bearing surface sufficiently large and protected to prevent any danger from
workers falling.
- that the speed of the basket's movement is less than 0.5 m/s and the movement is
without thrusts in any direction. No sharp or pointed objects shall be present in the
basket during lifting/lowering of workers.
- that written instructions are prepared for safe transport of persons and that the
lift's operator and users have been informed thereof.
No more than 4 persons shall be lifted/lowered in the basket simultaneously. Only 1
person may be in the basket mounted on a device for transporting concrete. Work from
the basket may only be performed, if the worker is fastened to the stable part of the
basket by a safety belt.
In stronger wind (gusts of wind exceeding 5 m/s), lifting/lowering shall not be carried out,
the lifting in progress shall be stopped and the basket with workers shall be lowered to
the ground at reduced speed.
Communication must be established between the lift operator and persons in the basket.
Prior to any transport of persons with lifting devices for transporting loads, the employer
shall inform the Labour Inspectorate thereof.
The lift, which can be used for lifting/lowering workers in a basket, shall fulfil the
following conditions:
It shall be placed on a solid and flat surface with inclination of less than 1%.
The lift shall be tested and examined prior to any transport of persons. The employer
shall provide for periodical checkups to be carried out daily by the lift operator and
regularly each month by authorised personnel of the employer in charge of checkups.
In case of any established defects or deficiencies the employer shall immediately stop
transporting persons and re-examine the device after deficiencies have been eliminated.
Loading of the lift with the basket having the maximum number of persons shall not
exceed one half of permitted loading in the entire area of the planned manoeuvre.
In case two lifts are placed so close together that their areas of operations overlap, one of
both lifts shall be still during lifting/lowering of workers in the basket, with the handle
turned away from the joint area of operations and both operators being present in the lift
the whole time.
Lowering of the loading hook shall be carried out by a motorised drive. Lowering by
means of gravity and regulating speed by using brakes only shall be prohibited.
The basket shall be manufactured in accordance with the regulations and previously
tested as well as examined monthly and the employer shall keep the related
documentation on the construction site.
The basket shall have a rope used for lifting of a ladder or rescue rope in case of
unforeseen stopping of the lift. The rope's length shall be such that it reaches the ground
when the basket is lifted to the highest possible position and shall have a weight at the
end. Tear up strength of the rope shall be at least 10 kN.
Until no regulation exists with regard to baskets for transporting persons, the following
conditions shall be fulfilled:
- The basket shall be designed and manufactured for five times the planned load
and examined before use.
- It shall have the following clearly indicated:
- name of the manufacturer
- year of production
- type
- factory number
- own weight
- permitted load and the number of persons.
Fence of the basket shall be solid and at least 110 cm high, measured from the floor.
Solid protective edge of height not less than 15 cm shall be placed above the floor, the
basket shall be closed by a steel net or similar, where openings shall not be more than 2
cm x 2 cm. A round handle shall be placed 1 m above the floor. The cabin shall be free of
any sharp edges and pointed parts of the construction.
Entry to the basket/platform/cabin must not open to the outside during lifting/lowering.
Appropriate measures shall prevent unintentional opening of the door during lifting and
lowering.
The basket's top shall be solid enough to protect workers from falling objects. There must
be enough room under the top for the workers to be standing up.
The top over the basket is not required on the basket for transport of concrete with a
worker present.
In one-sided loading of the basket with 1.5 useful load at 1/4 of the basket's length, the
inclination shall not exceed 20o.
An anchorage shall be provided in the basket where a rope is fastened in case workers
need to be evacuated (in case of breakdown of the lifting device).
12.4.13 Working platforms, ladders and scaffolds
12.4.13.1 Working platform
Working platform where work at height is carried out has to be stable and firm. It has to
be made of elements that comply with the planned load and apply to scaffold floor as
stipulated in SIST HD 1000 standard.
If boards are used for working platform, they have to be at least 4.8 cm think (planks)
and no less than 20 cm wide, supported at less than every 250 cm. They have to be
made of healthy and undamaged wood, without nails and other obstacles. The planks
have to fit each other and be placed horizontally on solid supporting elements. If the
planks are not placed on the same level, but rather one on top of the other, a triangular
lath has to be attached to the joint, which enables carts to be pushed across and prevents
workers tripping over. The planks must not extend over the final supporting element by
less than 20 cm and more than 30 cm. In addition, they have to be secured so that they
cannot move. Formwork panels must not be used for working platform.
The width of the working platform has to be adjusted to the nature of the work carried
out on it, but must not be less than 60 cm, if the work does not involve stacking or
preparing of material. If material is laid or prepared on the working platform or auxiliary
elements are laid on it, it has to be so wide that a worker has at least 30 cm of free space
for movement.
If the working platform next to the wall of the facility is more than 100 cm above the
ground or the floor of the premises, its edge can be no more than 30 cm away from the
wall. If it is farther from the wall or if the wall of the facility has large openings, the safety
of workers has to be provided according to the measures applying to protection of work
places at height or otherwise.
Platform elements on the scaffold (boards, sheet metal plates and other) have to be
carefully inspected before use.
Damaged or worn out elements must not be installed.
Special care is required when construction material and heavy construction elements are
moved, transported and stacked on the working platforms. The material has to be
properly stacked on the working platform and arranged so that it does not exceed the
planned load. Working platform has to be regularly inspected and maintained, and the
waste material promptly removed.
Ladders
Ladders have to be strong enough and suitably maintained.
They have to be used carefully, at suitable locations and in accordance with their intended
use.
Ladders can be used for accessing a work place at height only if the height difference
between bridged levels is less than 5 m;
- access is needed only for implementing short-term works;
- for access to the facade scaffold and under the condition that the ladders are
installed within scaffold construction;
- if a ramp or staircase cannot be provided for access to excavations and shafts due
to technical reasons.
Portable ladders have to be made in accordance with the requirements of the standard
SIST EN 131. Before used, they have to be checked and in perfect condition.
When used, ladders have to be placed firmly, so that they cannot skid, break or turn over.
Portable single ladders used by workers to access wall edges, scaffolds, openings in the
ground, pits, shafts and similar, have to be of suitable length, so that they extend at least
1 m over the structure against which they are leaned. The lean angel has to be between
65° and 75°.
Ladders must not be leaned against wedges (at the corners of buildings or poles).
Ladders can be used only for short-term works that do not require great press force of
the worker and when only light hand tools and a small quantity of material are used,
which cannot additionally endanger the safety and health of workers. The worker has to
be standing with both legs on one step. If there is no fall-protection (without the worker
being fastened) works can be implemented only up to 3 metres high. Maximum
permitted length of portable single ladders used for works is 8 m, and that of double (A)
ladders 3 metres.
Scaffolds
Scaffolds are auxiliary constructions intended for construction works at height.
Scaffolds have to be produced and set up according to the plans, which define:
- the size of the scaffold and all its elements,
- the means for joining the elements of the scaffold,
- the method of attaching the scaffold to a facility or ground,
- maximum permitted load,
- types of material and its quality,
- statistical calculation of bearing elements and
- assembly and disassembly instructions.
When a scaffold is designed, the requirements of the SIST HD 1000 standard have to be
considered.
For standard scaffolds with a statement on scaffold compliance with the requirements of
the SIST HD 1000 standard suitable documentation has to be provided as required by the
standard. This documentation has to present the set up of elements, anchorage or
support so as to prevent turning over as well as state the permitted loan and the method
of assembly and disassembly.
The documentation about the scaffolds has to be available on the construction site and
kept until the scaffold is disassembled.
The scaffolds must be inspected by the manager of individual works
- before they start being used,
- later at regular intervals, at least once monthly,
- after any modification, after a longer period of non-use, after being exposed to
poor weather or earthquakes or any other circumstances which could influence the
stability and strength of the scaffold.
All findings are entered in the scaffold control list, signed by the responsible manager of
works and safety and health at work coordinator.
Scaffolds may be set up, reshaped, upgraded and disassembled only under direct
supervision of the managers of individual works (responsible person), who are in terms of
health capable of implementing works at height.
If the setting up of the scaffold is hindered by unisolated electrical lines or other
obstacles, it has to be postponed, until the danger of electrical current is eliminated and
other obstacles removed.
The working platform (floor) of the scaffold has to be produced according to the
requirements applying to working platforms. The working platform must not be more than
30 cm away from the wall of the facility, unless when this cannot be avoided due to work
technology and other form of fall-protection is provided for workers between the facility
and the scaffold (by safety fence, by no more than 3 metres lower safety scaffold
reaching to the wall, by fastening workers or in some other manner).
The platform elements have to completely fill in the space between the supporting posts
of the scaffold.
Safety fences on scaffolds have to be made in accordance with the requirements applying
to fences.
A reliable access (or descent) has to lead to every level of the scaffold. If on the scaffold
ladders are used for access, their upper pats have to be attached.
The height of the work place in the scaffold that is less than 100 cm wide must not be
raised by means of trestle or ladder scaffold or some other auxiliary construction being
placed on the working platform of the scaffold.
If the scaffold is placed next to connection or adjoining facility, protection has to be
provided in accordance with the requirements applying to scaffolds being set up next to
connection or adjoining facility. If scaffold is protected by a safety net placed on it, the
material used must not cause any danger for the scaffold turning over or falling down and
has to be self-extinguishing. Impervious sheeting may be used for protecting the scaffold
only when this is necessary due to the nature of work (removal of asbestos material,
etc.), while the stability of such a scaffold (and sheeting) has to be proved by means of a
computer.
The sheeting has to be made of self-extinguishing material as well.
12.4.13.1.1 Trestle scaffold
Works may be implemented also on trestle scaffolds up to 2 m high. The working
platform of such scaffolds has to be at least 80 cm wide and made in accordance with the
requirements applying to working platforms. The safety fence need not be installed nor
the documentation provided, with the exception of manufacturing instructions. Before the
trestle scaffold is used, the adequacy of scaffold implementation has to be checked by the
manager of individual works or some other responsible person of the employer.
The trestle on which the working platform is placed, has to be produced in such a way
that it resist the planned horizontal and longitudinal load. The trestles must not be
extended, not even by inserting construction material under them. The distance between
the trestles must not exceed 200 cm.
Trestles can be placed only on solid and flat surface. Improperly produced or damaged
trestles must not be used. Trestle scaffolds must not be placed on the working platform of
other scaffolds.
No digital devices or other heavy devices may be placed on the working platform of a
trestle scaffold, unless the statistical calculation and project prove that this is possible.
12.4.13.1.2 Metal scaffolds
In terms of shape, size and quality of material the pipes of metal scaffolds have to comply
with the SIST EN 1039 standard requirements, and the connecting and supporting
elements with the SIST EN 74 standard.
Metal scaffolds can be constructed only of flat and undamaged steel pipes, rods and other
elements.
The components of the metal scaffolds (steel rods, pipes, joints and other) have to be
firmly fastened into a stable and uniform construction unit.
Horizontal supporting rods of the metal scaffold have to be placed vertically to special
elements (supports, drags), and these onto a flat surface (main supporting element,
concrete plates and other).
When clamps with screws are assembled, the screws have to be attached by torque
wrenches according to the instructions of the manufacturer.
Self-standing metal scaffolds and metal scaffolds higher than the facility under
construction or some other facility in the approximate vicinity have to be grounded
according to the applicable regulations.
12.4.13.1.3 Timber scaffolds
Timber scaffolds are permitted only for the implementation of easier works at the height
up to 10 metres measured from the ground.
The diameter of the round wooden pole on the thinner part must not be less than 8 cm.
The poles have to be placed on such surface that they cannot move horizontally nor
vertically. The poles must not be extended. When to scaffolds are assembled on the
corner of a facility under construction, the corner pole on the outer side of the scaffold
has to be doubled and, if necessary, dug into the ground. All vertical poles have to be
connected also by diagonal attachments.
The distance between vertical poles of the scaffold must not be greater than 250 cm and
it has to correspond to the size of the poles and the planned scaffold load. Longitudinal
beams have to be installed horizontally next to the poles and well attached to them. The
joints of extensions and the connections with the longitudinal beams can be installed only
above the poles or on supports placed over the poles. The transversal scaffold supports
must have equal cross-section and have to be installed on longitudinal supports equally
distanced. Transversal supports must not be replaced by boards.
12.4.13.1.4 Safety (fall arrest) scaffolds
Safety scaffolds can be used for fall protection of workers only when the safety fence
cannot be installed at work places. They have to be erected as close to the work place or
overhang as possible, but not lower than 3 metres.
The width of the safety scaffold depends on the vertical distance between the overhang
and the scaffold and should, when the distance is up to 200 cm or up to 300 cm, equal at
least 130 cm or 150 cm respectively. The lower protective edge of the safety fence of the
scaffold has to be full and at least 50 cm high.
12.4.13.1.5 Bracket scaffolds
Bracket scaffolds can be installed only for less demanding construction works, if they can
be safely attached to the facility or its construction and if this is proved by sketches and
calculations.
The maximum overhang of the bracket scaffold used as a working scaffold can be 150
cm. Bracket scaffolds with an overhang up to 3 m can be used only as protective
constructions for intercepting material above the facility entrances and passages.
Bracket scaffolds may be anchored only into supporting reinforced concrete elements
(plate, wall, pillar). Anchorage may be carried out only by means of standardised steel
anchoring elements. Only in exceptional cases anchorage is permitted by double loops
made of steel reinforcement bars at least 8 mm in cross-section.
Boards (planks) must not be used for supports of the bracket scaffold.
12.4.13.1.6 Movable scaffolds
Movable (transportable) scaffolds can be used only on supporting and flat horizontal
surface. They have to be manufactured in accordance with the SIST HD 1004 standard.
The instructions for assembling and using the scaffolds have to be prepared in line with
the SIST EN 1298 standard requirements and available on the construction site
throughout the period during which the scaffolds are used. The scaffold has to be
assembled and used completely in accordance with the instructions, so that undesirable
movements, falling down or turning over cannot occur.
Workers may ascend and implements works on the movable scaffold only when the
scaffold is protected against movement. If the scaffold is accessed by ladders installed in
the side element of the scaffold, the workers may ascend it only on the inner side of the
scaffold. The use of movable single ladders for accessing the scaffold is prohibited.
When the scaffold is moved, it has to be free of persons, material or working equipment.
12.4.13.1.7 Overhead protection
Entrances, passages and paths around the facility under construction have to be
protected against the material which could fall from height by overhead protection. They
have to be manufactured in such a way that they can hold the fallen material and prevent
the material from bouncing off and spreading over the surrounding area.
Overhead protection at construction site must not be less than 220 cm and more than 600
cm above the ground. Wooden construction of overhead protection which is not standard
has to be made of two perpendicular layers of boards with a full vertical protection on the
edges at least 50 cm high.
The material that falls on the safety scaffold has to be promptly removed.
12.4.13.1.8 Supporting scaffolds and panelling
Supporting scaffolds are used for concrete, reinforced concrete and similar massive
constructions (scaffolds supporting panelling). The support structures of these scaffolds
have to be made of metal. The quality of material used for producing supporting scaffolds
has to comply with the standards and the provisions contained herein. Telescopic support
members with adjustable length and safety elements for fixing the set element length
have to be manufactured according to the SIST EN 1065 standard.
Notwithstanding the previous item, wooden support members may be exceptionally used
up to the height of 3 metres. They have to be made of a single piece of healthy wood,
with the smallest cross-section equalling 8 cm x 8 cm. They have to be inspected before
use. Moreover, they have to be firmly attached on both sides so that any movement is
prevented. The support members can be installed no more than up to the height of 10
cm, using wooden or steel elements.
Before the supporting scaffolds start being erected, the ground load capacity has to be
checked.
Before use, the installed scaffolds have to be inspected by a person in charge of
professional supervision over construction, while during use and work implementation
they have to be examined by the manager in charge of individual works appointed by the
employer.
The panelling must not be removed and the supporting scaffold disassembled without a
written instruction of a person in charge of professional supervision over construction.
The supporting scaffold has to be disassembled according to the manufacturer's
instructions. When the wooden support members of the panelling are disassembled,
safety support members have to be installed for protection against potential falldown as
stipulated in the scaffold project.
12.4.13.1.9 Hanging scaffolds
Hanging scaffolds can be used in accordance with the regulations and instructions of the
manufacturer, provided they are manufactured, assembled, tested and inspected
according to the requirements of the SIST EN 1808 standard. When working on hanging
scaffolds the workers have to be attached to the scaffold by special personal fall arrest
equipment.
12.4.14 Protection against fire on the construction site
12.4.14.1 Introduction
Fire safety on the construction site is directly or indirectly regulated by Council Directive
92/57/EEC (the eighth specific Directive pursuant to Article 16(1) of the Directive
89/391(EEC) and the standards published by the European and international technical
committees: CEN/TC 72 (O), CEN/TC 191 (O), ISO/TC 21 (O), ISO/TC 21/SC 8 (O),
CEN/TC 127 (O), CEN/TC 166, ISO/TC 92 (O), ISO/TC 92/SC 1 (O), ISO/TC 92/SC 2 (O),
ISO/TC 92/SC 3 (O), ISO/TC 92/SC 4 (O)
International classification:
13.220 Protection against fire
13.220.01 Protection against fire in general
13.220.10 Fire-fighting
13.220.20 Fire protection
13.220.40 Ignitability and burning behaviour of materials and products
13.220.50 Fire-resistance of building materials and elements
13.220.99 Other standards related to fire protection
The requirements should take into account the planned implementation work, envisaged
construction materials, results of the fire risk evaluation and provisions of applicable rules,
standards and guidelines related to execution of hot works.
12.4.14.3.8 Inflammable waste handling
The method of collection, disposal and removal of waste resulting from construction
should be specified for construction sites.
The requirements should take into account the type, quantity and properties of expected
waste, results of the fire risk evaluation and provisions of applicable rules, standards and
guidelines related to fire safety and protection of the environment.
12.4.14.3.9 Procedures in case of fire
The following shall be specified for construction sites:
- The person responsible for fire safety on the construction site;
- Activities and procedures regarding fire prevention on the construction site;
- Activities and procedures in case of fire on the construction site;
- Fire-fighting plan in case of fire on the construction site;
- Control of the fire's impact on surroundings.
Implementation of aforementioned tasks should take into account the following: results of
the fire and explosion risk evaluation, the envisaged fire scenario and provisions of
applicable rules, standards and guidelines.
12.4.14.3.10 Fire safety rules
The local decree on fire safety rules shall be adopted. The minimal content of rule is
submitted in local language issue of this guideline.
12.4.15 Description of used construction technologies
The designer shall in all stages of project planning and preparation take into account the
basic principles of safety and health at work as specified in the Occupational Health and
Safety Act, and notably as regards the following:
- Deciding on architectural, technical, technological and/or organisational aspects, in
order to be able to plan various items or work stages, to be implemented
simultaneously or consecutively;
- Determining the time required for finishing such work or work stages.
12.4.16 Additional Traffic Volumes on Existing Roads and interaction with
other industry
Construction of new roads and service facilities results in additional traffic volumes on the
existing road network. This network is in accordance with the Public Roads Act either
state or municipal. The Roads Directorate manages main (major) and regional roads,
while lower-level roads are managed by municipalities (local roads, public paths and
urban roads) or other entities, depending on the road's purpose. Increased traffic results
in negative impact on the environment and human health as well as safety of road users.
The Public Roads Act specifies that an additional duty, beside the annual road-use fee, is
paid for extraordinary road transports and excessive use of public roads. The excessive
use of a public road occurs when the temporary or permanent volume resulting from
implementation of the investment, exceeds 50% of all transport on the road in question.
The proportion of the transport is determined in the average annual daily traffic of freight
vehicles with capacity of more than 10 tonnes. The excessive road user is a natural
person or legal entity carrying out the investment causing the excessive volumes. In order
to determine the impact on the road/roads with excessive volumes, a special study is
required to determine and then implement the physical measures.
In order to establish negative impacts on the environment, resulting from increased
traffic, the safety plan should determine the following:
- Contracts of employment;
- Certificate of medical and disability insurance;
- Work and residence permit for foreign nationals.
Data on machinery:
- Reports on tests and checkups of machinery;
- Safety certificate or statement of the supplier for imported machinery.
12.4.20 Construction rules
12.4.20.1 Red na gradilištu
The construction rules are an abstract of measures and rules related to safety and health
protection on the construction site. It is primarily intended for employed staff. The
minimum contents of the construction rules consist of the following:
1. Each employee shall perform the work with due care so that his work poses no
threat to his own or his fellow co-worker's health and life.
2. The employee shall be physically and mentally capable of performing his work.
The employee shall come to work rested and sober, and shall not consume alcohol
or other narcotic substances during working hours.
3. The employee shall use the prescribed protective equipment.
4. The employee shall undergo a medical examination upon beginning of the job or
upon transfer to another work area. The employee may only perform the work if
his health condition, notably his senses, has been deemed adequate for
performing the job in question.
5. Work can be performed only by the employee with the appropriate vocational
education and passed exam on knowledge of measures for health protection as
well as the general and fire safety.
6. The employee can only perform the job he has been assigned to and use only the
machinery and tools prescribed for the job in question.
7. The work shall be performed in line with the prescribed regime by using
machinery and tools in perfect technical condition.
8. Hazardous work shall be performed only under direct supervision of the work
manager.
9. All work shall be coordinated.
10. Fire guard shall be provided during performing work with fire risk. Call the
Information Centre on XXX in case of an initial fire.
11. The employee shall prior to commencement of the work check whether the work
and protective equipment is in perfect condition.
12. The employee shall forthwith report any defect on machinery or tools to the work
manager and the coordinator.
13. The employee shall be prohibited from repairing by himself any machinery for
which properly trained employees are responsible.
14. In case not all measures related to safety and health at work are implemented,
the employee shall have the right and duty to refuse to work on such work post.
15. During operation of machinery it is prohibited to remove the protective equipment,
perform any measurements, cleaning except lubrication, if the machine is
designed in such a way that the lubrication procedure excludes any danger.
16. The engine of the machine shall be turned off after sudden interruption in power
supply, each time the worker distances from the work post and at the end of
working hours.
17. Leaning on and bending over the machine or distancing of the worker from the
machine while the machine is operating, shall be prohibited.
18. Manual transfer of loads shall only be allowed to workers informed on the
instructions on health-friendly handling
19. The worker shall report any injury or sick leave to his supervisor, who shall carry
out the prescribed first aid measures and fill the appropriate forms.
20. Until the accident has been investigated, the scene of the accident shall be left as
it is unless this could result in further accidents or material damage.
21. The work post shall be clean and tidy. Non-hazardous waste shall be deposited to
waste baskets and containers.
22. Construction waste shall be managed in accordance with instructions prepared in
line with the Rules on the Management of Waste Generated by Construction
Activities.
23. Laying off clothes and footwear on the work post shall be prohibited. Dressing
rooms are used for that purpose.
24. The safety fence around the construction site and arrangement of blockade of the
entry shall be undamaged and impassable.
25. Only employees may enter the construction site. Other visitors can only move
around the construction site under supervision of the work manager and the
safety and health at work coordinator.
12.4.21 Works inventory
The Works Inventory with estimated costs of the construction site arrangement and
implementation of joint measures for providing safety and health at work on the
construction site is used by the contractor – bidder for the purpose of accurately and
correctly taking into account the costs in the bid pro-forma invoice. Usually the Client
specifies in the instructions to bidders where and how these costs should be taken into
account.
In case there are several contractors on the construction site, they can use the cost
estimate to equitably divide the costs of construction site arrangement and
implementation of joint measures for providing safety and health at work on the
construction site.
- Measurement of the peak, daytime and night time noise levels, and the
background level;
- Values of noise measurements with regard to the prescribed limit values.
The person responsible for monitoring during construction in accordance with the project
shall on the basis of findings specified in the report on implemented measurements adopt
measures for reducing noise emissions on the construction site.
The monitoring plan and the report containing measurement results shall be submitted to:
- Ministry of the Environment and Spatial Planning;
- Environmental Protection Inspectorate;
- Health Inspectorate.
12.5.2 Construction's Impact on the Atmosphere and Mitigation Measures
for Excessive Emissions
The SF shall envisage the required measures for reducing negative impacts of
construction on the environment. These are related to the used machinery and transport
vehicles and to devices installed in temporary facilities on the construction site. The
possible measures are specified in the general part hereunder, but they depend on the
conditions during the construction and on the nature of work. A textual description of
measures and condition for implementation thereof with the name of the responsible
person and individuals will suffice.
technical measures reducing the risk of mechanical, chemical and bacteriological pollution
of water.
Special attention shall be given to those activities, which are potential sources of pollution
(transport and pouring of fuel, storage of dangerous substances and mineral oils, parking
spaces for machinery and vehicles, work above water on bridging structures, etc.).
In case the wastewater is polluted in excess of the limit values of parameters for
wastewater to be released directly in watercourses or sewage system, such water shall be
by technical or chemical measures cleaned to the required level prior to its release in the
watercourse (sumps).
Limits for individual areas resulting from local (municipal) ordinances on protection areas
for drinking water shall also be taken into account.
The monitoring plan includes parameters, which are determined with regard to the type
of work and possible pollutions.
The monitoring plan and reports shall be submitted to:
- Ministry of the Environment and Spatial Planning;
- Environmental Protection Inspectorate;
- Health Inspectorate.
12.5.4 Construction's Impact on Underground Water and Mitigation
Measures for Reducing Negative Impacts
The SF shall specify the required measures for protection of water sources on the basis of
preliminary hydro geological studies. Hence no single method of protection can be given
as the protection depends on numerous factors and the underlying water source. Mostly it
involves facilities for retaining harmful substances in wastewater.
In case of an extraordinary event (spillage of dangerous substance in the ground or in a
watercourse, or in other cases), which could endanger water sources or underground
water itself, the SF shall include the "Instructions on Procedures in Case of an
Extraordinary Event". These Instructions shall include the following:
- Method of informing and the institutions to be informed as well as the order in
which to do so;
- Method of informing about extraordinary events within the construction site;
- Competent persons of the contractor; and
- Measures for prevention / mitigation of consequences of the extraordinary event.
In case of major accidents, the measures shall be specified by the competent
inspectorate.
- Purpose and type of measurements and the scope of basic and additional
parameters;
- Locations (lot nos.) and time of sampling and measurements of soil or slime from
sedimentation reservoirs;
- Used measurement methods and measurement techniques;
- Measurement results for each parameter;
- Evaluation of results with regard to the prescribed limit values.
The responsible entity shall submit the report to:
- Ministry of the Environment and Spatial Planning;
- Ministry of Agriculture.
12.5.5 Impact of blasting and other dynamic effects of work implementation
on people and buildings
- In addition to local regulations legislating protection and conservation of the
environment, the area is also legislated by regulations related to safety and health
at work and by: Nature Conservation Act (Official Gazette of the RS, no. 96/04)
and regulations on protected areas issued on the basis thereof
- Directive of European Parliament and Council 2002/49/ES dated on 25. Jun 2002
about assessment and ruling the noise
- DIN 30787 - (1 to 6) Transportbelastungen – Messen und Auswerten von
mechanisch -dynamischen Belastungen
- E VDI 3840-2002-09 Schwingungstechnische Berechnungen
- DIN 45669 Messung von Schwingungsimmissionen
- EN ISO 8041:2005 Human response to vibration - Measuring instrumentation (ISO
8041:2005)
- CR 12349:2000 - Mechanical vibration - Guide to the health effects of vibration on
the human body
The SF has to establish the following:
- Dynamic effects of traffic and construction work on residential and other buildings
and potential consequences;
- Health effects of vibrations on the population.
The SF shall in relation to the characteristics specified above provide the following:
- Establish the expected dynamic effects;
- Determine the location and time of these effects on the environment;
- Envisage measures for reducing dynamic effects;
- Provide for examination of condition of buildings, which could be damaged as the
result of dynamic effects of construction and document the condition by
description, photograph or video;
- Select such technological procedures for work implementation, which cause
minimum dynamic effects;
- Transport routes should be distanced from buildings;
- Work should only be carried out during the daytime;
- Measurement of dynamic effects of construction shall be performed by a
competent institution in line with the programme specified in the plan.
The constituent parts of the SF are:
- Plan in 1:5000 scale showing buildings and facilities being in the area of influence
of the construction site;
- Documentation on condition of buildings in the area of influence (photographs,
examination reports);
- Technological procedures and measures for reducing dynamic effects;
- Programme of monitoring of buildings and measurement / monitoring points.
removal prior to commencement of work, if construction waste on the site is the result of
work for which permit is not required in line with the regulations on building, and if the
quantity of construction waste in the entire period of construction work does not exceed
the minimum quantity specified in the table below:
Waste type Min. quantity
Concrete, bricks, tiles, ceramics and material based on gypsum 5 m3
Construction material based on asbestos 0,5 m3
Wood, glass, plastic 5 m3
Asphalt, tar and tar products 0,5 m3
Metals 20 dm3
Earth excavation 500 m3
Insulation materials 1 m3
The investor shall provide by themselves transport and handing over to the collection
centre for the specified construction waste.
The investor may reuse or remove construction waste by themselves subject to
possessing a licence for processing or removal of such waste in accordance with the
regulation governing waste management.
The investor may use construction waste by themselves without obtaining the permit for
processing or removal of construction waste, if construction waste is used on the point of
its production and within the construction site and if it includes concrete, bricks, tiles,
ceramics or construction material based on gypsum or a mixture of such waste with earth
excavation and if the quantity does not exceed the maximum quantity specified in the
table above.
12.6.3 Construction Waste Management Report
The investor wishing to obtain the permit of use shall include in the project of
implemented work submitted to the administrative authority the construction waste
management report, which presents the following information:
- Quantity of construction waste handed over to collectors of construction waste;
- Quantity of construction waste handed over directly to processing or removal;
- Quantity of hazardous waste handed over to collectors or directly to processing or
removal;
- Quantity of processed construction waste on the point of its production;
- Quantity of construction waste processed by the investor on the construction site;
- Quantity of earth excavation, notably polluted one, removed from the construction
site;
- Firms and registered offices of collectors, entities processing or removing
construction waste, to which construction and hazardous waste was handed;
- Overview of prescribed record statements, approved by collectors of construction
and hazardous waste upon acceptance, whereby the handing over of waste to
waste collectors is guaranteed;
- Overview of prescribed record statements, approved by entities processing and
removing construction and hazardous waste upon acceptance, whereby the
handing over of waste directly to entities processing and removing waste is
guaranteed;
The construction waste management report referred to in the previous paragraph
hereunder shall not be required if the quantities of individual types of construction waste
resulting from construction do not exceed minimum quantities specified in the table
above.
As regards constructions where the quantity of produced construction waste exceeds
minimum quantities specified in the table above, it shall be deemed that the application
for issuing the permit of use is incomplete if the project of implemented work does not
include the construction waste management report.
If demolition of a building was carried out as a part of construction for which application
for issuing the permit of use has been submitted, data on types and quantities of waste
resulting from such demolition specified in the construction waste management report
referred to in the first paragraph hereunder shall correspond to data on types and
quantities of waste specified in the construction waste management plan.
If the construction, the part of which was the demolition of a building, does not require
obtaining the permit of use, the investor shall submit the construction waste management
report referred to in the first paragraph hereunder together with a copy of the
construction waste management plan not later than within thirty days following
completion of the construction to the competent inspector for protection of the
environment.
12.6.4 Obligations of the investor and the contractor during work
implementation
The investor ordering construction of a facility or performing such construction by
themselves shall ensure that contractors keep or temporary store waste, resulting from
construction work, on the construction site, separately by type of construction waste as
specified in the classification list of waste.
If due to the nature of construction work mutual mixing of individual types of hazardous
construction waste or mixing with other construction waste cannot be prevented, the
investor shall ensure that contractors keep or store hazardous construction waste
separately from other waste, and if this is not feasible, to hand it over separately by
individual type directly to the collector, or entity processing or removing construction
waste.
The investor shall ensure that the contractors keep or temporarily store construction
waste on the construction site in such a way so as not to pollute the environment and
that the collector of construction waste has access for their acceptance or the entity
transporting it for their shipment to the entity processing or removing construction waste.
If safekeeping or temporary storage of construction waste is not possible on the
construction site, the investor shall ensure that contractors deposit construction waste
directly after its production in containers, placed on the construction site or adjacent to it,
which are adapted for transport of construction waste without any reloading.
The investor shall ensure that contractors hand over construction waste to the collector of
construction waste.
The documentation on the order for acceptance of construction waste shall show the type
of construction waste, the envisaged quantity of production of construction waste and the
address of the construction site with reference to the appertaining building permit to
which the acceptance of construction waste relates.
The documentation on the order for processing or removal of construction waste shall
show the type of waste, the envisaged quantity of processing or removal of construction
waste, point of processing or removal, and the address of the construction site with
reference to the appertaining building permit to which the processing or removal of
construction waste relates.
12.6.5 Waste collection
Collector of construction waste may commence with the collection after obtaining the
licence from the ministry competent for protection of the environment (hereinafter
referred to as: The Ministry) in accordance with the regulation governing waste
management.
The Ministry shall issue the licence referred to in the previous paragraph hereunder to the
entity, which is:
Slovene legislation has not specified the deadline for removal of such products.
In case of any doubt whether the building or installation or device has any materials built-
in, which contain asbestos, a sample of the material shall be given for testing to an expert
organisation competent to perform such tests.
The investor shall for accepted asbestos waste obtain from the managing entity of the
disposal site an approved record statement on waste handling, which serves as the proof
of handing over of asbestos waste to the disposal site.
If the contractor of construction work handed over asbestos waste to the disposal site,
then the approved record statement shall be in the name of the investor. The investor
may obtain the approved record statement on handing over of asbestos waste to
depositing also from the contractor of construction work if the contractor has the licence
for collecting construction waste.
03 Wastes from wood processing and the production of paper, cardboard, pulp, panels
and furniture
04 Wastes from the leather and textile industries
05 Wastes from petroleum refining, natural gas purification and pyrolytic treatment of
coal
06 Wastes from inorganic chemical processes
07 Wastes from organic chemical processes
08 Wastes from the manufacture, formulation, supply and use (MFSU) of coatings
(paints, varnishes and vitreous enamels), adhesive, sealants and printing inks
09 Wastes from photographic industry
10 Wastes from thermal processes
11 Inorganic wastes containing metals from metal treatment and coating of metals and
hydrometallurgy of non-ferrous metals
12 Wastes from shaping and surface treatment of metals and plastics
13 Oil wastes (except edible oils, and those included in 05, 12 and 19)
14 Wastes from organic substances employed as solvents, coolers and pushing gases
(except 07, and 08)
15 Packaging; absorbents, wiping cloths, filter materials and protective clothing not
otherwise specified
16 Waste not otherwise specified in the catalogue
17 Construction and demolition waste (including excavated earth from
polluted areas)
18 Wastes from human or animal health care and/or related research (excluding kitchen
and restaurant wastes which do not arise from immediate health care)
19 Wastes from waste treatment facilities, off-site waste water treatment plants and the
water industry
20 Municipal wastes and similar commercial, industrial and institutional wastes including
separately collected fractions
12.6.8.4 Construction waste for which depositing on disposal sites for inert
waste is permitted
The following construction waste may be deposited to disposal sites for inert waste:
– Concrete and reinforced cement concrete – Fibre cement
– Silicate concrete – Asbestos cement
– Porous concrete – Clinker
– Clay bricks and other bricks – Ceramic tiles
– Grout and plasters – Sandstone
– Gravel – Natural stone
– Sand – Broken natural materials
– Asphalt, asphalt concrete, sand asphalt – Clay bricks based on gypsum
– Bitumen gravel – Plastering materials
– Bitumen concrete – Faience
– Glass – Fireplace stones and household fireclay
– Brick, concrete and other mineral roof
coverings
Construction waste specified in the Table shall not be polluted with hazardous substances
and may contain a maximum of 10% of the following elements:
- Wood
- Products containing wooden particles and/ore particles such as splinters, fillings,
planes, abrasives, wood fibres, wood flour or cellulose fibres, e.g.: Plywood,
Strongly bound plywood, Easily installed slabs from wood wool, Wood wool, Slabs
based on cellulose bound by cement, Stone coatings, noise protection coatings
with mineral bound wood fibres, Noise protection material produced from waste
paper
- Plaster – cardboard slabs or gypsum slabs
- Wallpaper
- Cork
- Bark
- Straw
- Window frames made from PVC
- Slabs, foils and strips made from plastic
- Flooring
- Pipes, reinforcements or roofing gutters
- Insulation for wires and cables
- Reinforced fissure mixtures or
- Insulation panels
EMPLOYER: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
represented by …………………………………………………………..
Registration number :
Identification Number for VAT:
Certificate proving that the legal entity is identified for VAT under the identification number for
VAT: code xxxxxxxxxxxx datedxxxxxxx
Transaction Account No.:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
and
CONTRACTOR: …..................................................…...................................................
represented by ..…………………………………………………………….
Registration Number …………………………………………
Identification Number for VAT: ………………….
Certificate proving that the legal entity is identified for VAT under the identification number for
VAT: code …………………..dated ………….
Transaction Account No. for the Employer to pay for completed works ……at ………….
INTRODUCTORY PROVISIONS
Clause 1
The Contracting Parties find that:
the Employer…….published in the Official gazette no…………a public tender for the selection of
contractor, according to an open procedure for the Construction of:…………… on the basis of which
the Contractor named above was selected as the most favorable Bidder.
(works)
A detailed programme of Works is evident from Section 1 – Instruction to Bidders, Item…...
CONTRACTUALVALUE OF WORKS
Clause 3
The contractual value of the works specified in Clause 1 hereof is set on the basis of the
Contractor's Bid No.: .......................... of ................................. and on the basis of the approved
and accepted cost estimated by the Employer, which amounts to:
The Contractor's Bid and all Appendices to the Bid form an integral part of the Contract hereof.
METHOD OF PAYMENT
Clause 5
The completed works shall be paid to the Contractor by the Employer according to interim monthly
statements.
The Contractor is obliged to submit the statement within 5 days of the billing period (end of the
month), i.e. by the 5th of the following month for the previous month.
The Employer shall confirm the statement within 8 days of its receipt and shall also pay the interim
statement within the following 20-day period.
Should the Employer be late with the payment for the confirmed statement, the Contractor shall be
entitled to the payment of penalty interest for all his claims towards the Employer calculated from
the date he was entitled to such payment pursuant to this Contract.
The Contractor binds himself, as the party taking over the public procurement works, to withdraw
his claims towards the Employer in favour of the suppliers of goods, co-operating partners and
sub-contractors with claims towards the Contractor of the works.
The Contractor binds himself to use the same payment deadlines for settling his liabilities towards
suppliers of goods, co-operating partners and subcontractors as those specified in the Contract on
the Acceptance of the Works concluded with the Employer relating to the granted implementation
of the works.
The Contractor binds himself to accept, and calculate and pay to suppliers of goods, co-operating
partners and subcontractors, all due liabilities and legal penalty interests for every day of delay in
the payment of due and approved liabilities on the basis of invoices issued for services provided by
subcontractors and co-operating partners and goods delivered by suppliers of goods.
Clause 6
The Contractor binds himself to prepare within 28 days, at the latest, upon signing the contract, a
detailed work progress schedule and an expenditure program by months, what shall be approved
by the Engineer.
Clause 7
Prior to the issuance of the Defects Liability Certificate, the Contractor shall deliver a Guarantee for
Extended Liability Period amounting to 5% of the value of the works under contract, to be
adjusted once the final statement is approved and, if necessary, supplemented. Until such a
Guarantee for Extended Liability Period and a Defects Liability Certificate are issued, the Employer
shall retain the valid Performance Security issued in relation to contractual obligations. If the
Performance Security for appropriate execution of contractual obligations expires, the Employer
shall, until the receipt of the Guarantee for Extended Liability Period, and from the value of the
works already completed, retain as a security 10 percent of the value of the works.
If, until the issuance of the Defects Liability Certificate, the Contractor fails to deliver the
Guarantee for Extended Liability Period, the Employer is entitled to realize the Performance
Security at a level defined for the Guarantee for elimination of deficiencies in relation to the
Extended Liability Period.
In addition to the Contractor, the following Subcontractors will participate in the implementation of
works:.
…………………………………………………………………………………………….
…………………………………………………………………………………………….
For the purpose of insuring his liabilities arising from payments to his Subcontractors, the
Contractor must, within 10 days of the conclusion of this Contract, deliver to the Employer a
Performance Security for appropriate execution of contractual obligations, which shall also cover
the confirmed obligations of the Contractor to his Subcontractors from subcontracts that the
Contractor for any reason fails to pay on the due date. In the event that the performance security
is cashed, the Contractor must immediately deliver to the Employer another guarantee (security).
Clause 10
Relating to the execution of works under this Contract, the Contractor undertakes to:
• ensure high quality implementation of the works in accordance with Section 4 (General
Technical Conditions, and Special Technical Conditions with supplements and Technical
specifications);
• deliver all evidence on built-in materials and constructions to the Employer;
• make a setting out;
• prepare drawings as required under Item 14.3 of the Instructions to Bidders for the Preparation
of Bid;
• keep a construction diary and co-operate in the up-to-date Book of Quantities for the works
completed throughout the implementation thereof in accordance with the Conditions of
Particular Applications and instructions by the Engineer;
• within 10 days of the conclusion of the Contract on the Implementation of the Works, deliver
the Performance Security in the form of a Guarantee at 10% of the Contractual Price to the
Employer in accordance with the terms and conditions specified in the Contract and the integral
parts thereof (Clause 20);
• prior to the payment of the final statement, deliver to the Employer the completed form VC-2
and VK 01, including data on completed works for the road databank;
• in the event that there are several Contractors at the construction site, sign with these
Contractors a written agreement on the implementation of the works, co-ordination of work
schedules, implementation of safety measures at the construction site, implementation of
measures for the protection of the property of the Employer and of other contractors, and on
the maintenance of access roads within the construction site area and to the construction site;
• complete the works in accordance with the drawings (designs) approved by the Employer and
for which a building permit has been obtained;
• prepare Drawings for As-Built Works and geodetic plan of the new status of the land plot after
the completion of the construction and to deliver them to the Employer prior to the issuance of
the Taking-Over Certificate:
• create a maintenance project and all procedural rules for use and maintenance of structures
prior to the issuance of the Taking-Over Certificate:
• comply with the Employer’s general regulations and the regulations of the Republic of Slovenia
if not otherwise determined in the tender conditions;
• within 28 days from the receipt of the notice on the commencement of works to design and
deliver to the Employer the Technological Reports on the implementation of the works which
are the subject of this Contract, the work schedules and cash flows shall be prepared in MS
Project computer application;
• perform the works during the whole daylight part of the day and all the working days in a week.
and after the Employer’s fulfillment of the obligations under Clause 8 hereof, and to complete them
within the following period:
………………………………………………………………………………………………..
or in compliance with the Cash Flow under Sub-Clause 8.4 of the Conditions of Particular
Application.
LIQUIDATED DAMAGES
Clause 12
If the Contractor, by his own fault, fails to implement the contractual works within the agreed or,
by mutual agreement, extended time limit, he shall be obliged to pay the Employer liquidated
damages of 5‰ (five per thousandth) of the final value of the contractual works per day of delay.
The total amount of the liquidated damages may not exceed 5% (five per cent) of the final value
of the contractual works.
Clause 13
The final value of the contractual works, as defined in the preceding Clause, shall be determined
on the basis of the Final Statement. The liquidated damages shall be calculated on the basis of the
Final Statement.
The Employer and the Contractor hereby agree that the right to charge liquidated damages shall
not necessarily apply to any damage suffered by the Employer. The Employer will seek
compensation for this kind of damage in accordance with the general rules applying to liability for
damages, irrespective of the enforcement of the liquidated damages.
Clause 14
The Contractor shall, according to the General Conditions of Contract and Instructions to Bidders
for the Preparation of Bid and the Conditions of Particular Applications (Part II), prepare the
required drawings and carry out all activities necessary for them.
FINAL PROVISIONS
Clause 20
The Contracting Parties agree that this Contract shall be concluded with postponed implementation
and becomes effective only when a Performance Security is submitted, to also cover insuring the
liabilities of the Contractor arising from payment to Subcontractors. The Contractor shall submit to
the Employer a Bank Guarantee within 10 days of concluding this Contract.
The rights and obligations under the Contract shall become effective on the day the conditions
from the previous paragraph of this Clause are fulfilled
Clause 21
The Contracting Parties shall settle any possible dispute that may arise from the implementation of
this Contract by agreement.
In the event that the Contracting Parties cannot settle a disputable issue by agreement, the
settlement of the dispute shall fall within the jurisdiction of the competent court in …………….
Clause 22
This Contract consists of six identical copies and shall be concluded on the day it is signed by the
Contracting Parties; it shall enter into force on the day when the conditions from Clause 20 hereof
are met. Each of the Contracting Parties shall receive three copies.
The date of conclusion of the Contract shall be deemed to be the last date signed.
4. Information on the project for acquiring the building permit and on project designer:
− name and address of project designer’s headquarter …………………………………………
− ref. no.: ……………………………………………………………………………………
− responsible design manager ………………………………………………………………
(first and last name, degree of education, identification no.)
− responsible project designer:
architecture plans ………………………………………………………………………………….
landscape architecture plans…………………………………………………………………….
construction plans and other building plans……………………………………….
electrical installation and electrical equipment plans………………………………………
machine installation and machinery plans.............................................................
telecommunications plans.………………………………………………………………..
technological plans .…………………………………………………………………………….
excavation and basic subworks plans for underground works……………………………….
land surveying plans .…………………………………………………………………………….
other plans .………………………………………………………………………….
(first and last name, degree of education, identification no.)
5. Information on building permit:
− name of relevant administrative body:……………………….
– ref. no. and date of issuing…………………………………………………………….
……………………………………………………………………………………………………….
(original, eventual modifications and adaptation)
(second page)
6. Information on auditor (for demanding works):
− name and address of auditor’s headquarter ……………………………………………………
− responsible auditors of:
architecture plans ………………………………………………………………………………….
landscape architecture plans…………………………………………………………………….
construction plans and other building plans……………………………………….
electrical installation and electrical equipment plans………………………………………
machine installation and machinery plans............................................................
telecommunications plans.………………………………………………………………..
technological plans .…………………………………………………………………………….
excavation and basic subworks plans for underground works……………………………….
land surveying plans .…………………………………………………………………………….
other plans .………………………………………………………………………….
(first and last name, degree of education, identification no.)
7. Information on the project for execution and on project designer:
− name and address of project designer’s headquarter …………………………………………
− ref. no.: ……………………………………………………………………………………
− responsible design manager ………………………………………………………………
(first and last name, degree of education, identification no.)
− responsible project designer of:
architecture plans ………………………………………………………………………………….
landscape architecture plans…………………………………………………………………….
construction plans and other building plans……………………………………….
electrical installation and electrical equipment plans………………………………………
machine installation and machinery plans.......................................................................
telecommunications plans.………………………………………………………………..
technological plans .…………………………………………………………………………….
excavation and basic subworks plans for underground works……………………………….
land surveying plans .…………………………………………………………………………….
other plans .………………………………………………………………………….
(first and last name, degree of education, identification no.)
8. Information on supervisor:
− name and address of supervisor headquarter…………………………………………………
− responsible supervisor ……………………………………………………………….………………
− responsible supervisors of individual works:
construction ………………………………………………………………………………………..
machine installation……………………………………………………………………………..
electrical installation………………………………………………….
telecommunications ……………………………………………………………………………
excavation and basic subworks…………………………………………………………………….
(first and last name, degree of education)
9. In the case of reconstruction of a building protected by the regulation on safeguarding
cultural heritage or a construction within range of archeological findings
– name and headquarter of competent directorate for protection of cultural heritage…….
– information on responsible conservator or archeologist……………………….………………
(first and last name, degree of education)
10. handing over the design for acquiring the building permit to contractor:
− description and content ……………………………………………………………………
− ref, no., date, signatures ……………………………………………………………………………
11. The responsible administrator of :
- construction diary: ………………………………………………………….…………
- ledger of quantitative measurements…………………………………………………….…………
(first and last name, degree of education)
12. Measures for health, safety and fire protection:
− ref. no. of safety plan ………………………………………………………………………
− responsible contractor for implementation of safety plan and regulation of site…….
− coordinator for safety on site……………………………………………………………………….
(first and last name, degree of education)
Contractor:…………………(logotype)
Works …………………..
Employer…………………….. page…….
workers
installer
adminis
constru
tration
trades
other
Workers on site
ction
total
men
s
– contractor’s workers
– hired workers
– subcontractors, cooperators
Machinery
– contractor’s
– other
Description of work:
(1)
commenced work:
completed work:
second page
Note:
This page may be net figured in raster 1 mm by 1 mm
6.a Remarks and instructions of responsible conservator or archaeologist
(In the case of reconstruction of a building protected by the regulation on safeguarding cultural
heritage or a construction within range of archeological findings)
7. Contractor’s statements
reasons of delays, quantities of supplied construction products and basic material and
equipment
……………………………………………… …………………………………………………..………………
(first and last name, signature, seal) (first and last name, signature, seal)
responsible conservator:
………………………………………………
(first and last name, signature, seal)
completion of
parts number of inserted pages at the end of interim payment period
total no. at
of
work
works
the
Total
Contractor: …………………………………………………………………………………….…...
Measurment page
no.: ……………….. page no.: ………….
measurment
plan: Account:
Priloga: unit contracted quantity: price for unit: Quantity
monthly total
transfer from page: ……
mesures,
calcualtions:
outlines
Transfer to page: ……
Composer: Employer’s representative: Contractor:
supervisor: responsible executor:
…………………………… …………………………… ……………………………
(first and last name, signature, (first and last name, signature, (first and last name,
seal) seal) signature, seal)
...........…………………………….........….
(first and last name)
......................………………………………
(first and last name)
CERTIFY
1. that any changes that occurred during construction are recorded with the design of
executed works
2. that the changes that occurred during construction and are recorded with the
design of executed works are in compliance with the project for acquiring the
building permit and with the building permit(s) no.:............................ and
no.:......................
3. that the design of executed works is in accordance with the legislation of the
construction region.
4. that all the solutions of the design of executed works are in mutual compliance
5. that all the recorded variations during construction are carried out in accordance
with essential requirements what is confirmed by the responsible designer’
signature of individual schemes
Supervisor:
..................................................................................................
(first and last name, degree of education, register no.)
.............................................................................
(personal seal, signature)
.................................................................................................
(first and last name, degree of education, register no.)
.............................................................................
(personal seal, signature)
..............................................................
(design evid. no.)
..............................................................
(place and date)
INVESTOR:
......................................................................................................................................
(investor’s name and surname, company, headquarters’ address)
WORKS:
......................................................................................................................................
(denomination of the structure to be constructed)
......................................................................................................................................
TYPE OF WORKS:
...............................................................................................................................................
(new construction, horizontal or vertical extension, reconstruction, removal, change of intended use,
substitutive construction)
DESIGN COMPANY*:
...............................................................................................................................................
(title, address, name and signature of responsible person, stamp)
...............................................................................................................................................
(name of responsible design project manager, professional education, identification number, personal stamp,
and signature)
...............................................................................................................................................
(number of design recorded by design company, place and date of design completion)
* In the case of Project for the maintenance and operation of the works and Project for entry in official records the
information on “design company” is omitted; for “responsible design project manager” the information on “composer of
technical documentation
Table of contents:
0 – Introductory folder
Schemes
4. ......
etc
Type of works:
.........................................................................................
(description of the type of construction or works: new structure, horizontal or vertical extension, reconstruction,
removal, change of intended use, substitutive construction)
Structure classification:
...............................................................................................................
(indication of the classification designation in accordance with the relevant regulation if any; if a multipurpose
structure is intended, portions of serviceable surfaces occupied by individual structural parts of the same
purpose shall also be indicated)
Other classifications.............................................................................................................
(indication of classifications in compliance with other regulations)
Works complexity:
...........................................................................................................................................
(indication of structure complexity: simple, less complex, complex)
Location:
.................................................................................................................................
...............................................................................................................................................
...............................................................................................................................................
(indication of location, parcel numbers, and cadastral municipality of the intended construction, as well as
identification numbers from the cadastre of buildings and cadastre of public infrastructure)
Notes:
a. When a design relates to several intended constructions, the information shall be entered for all of
them.
b. The design data on dimensions and capacity of a building shall be:
- calculated, assessed or measured for buildings in compliance with the standard ISO 9836, and shall
comprise at least the area of the building in plan, gross area in plan, net area in plan, gross volume,
and net volume.
- indicated for civil engineering structures; in addition, other features of such structures shall be
mentioned as well.
• content of documentation,
• digital plans for evidence of land register modifications
• other supplements
There are different reports with the following content:
Report of fixing the boundaries:
• minutes of proceedings,
• outline of fixing the border,
• list of coordinates,
• cadastral plan with delineated modifications and
• area of land parcel(s).
Report of parcelling out:
• outline of parcelling out including the date of marking out the landmarks,
• list of coordinates,
• cadastral plan with delineated modifications and
• area of land parcel(s),
Report of border compensation:
• agreement of the owners about compensation of the border and a minute of the
declaration on it,
• outline including the survey of the border before and the date of marking out
the landmarks
• list of coordinates,
• cadastral plan with delineated modifications and
• area of land parcel(s) including the difference of area before and after
compensation,
Report of contracted commassation:
• outline of fixing the new borders of land parcel originating from commasation,
• list of coordinates,
• cadastral plan with delineated modifications,
• area of land parcel(s)
• List of comparing data on offered and received land areas inside the territory of
commassation for every owner.
Report of fixing the borders of administrative regime 1:
• minutes of fixing the border of administrative law,
• data base used for procedure,
• outline of fixing the border representing the marking out on land,
• list of coordinates and
• graphic plans of modifications within range of administrative law before and
after the procedure.
Report of modification of actual use:
• minutes of statement of actual use of land,
• outline if the area of modificated kind of use is changed,
1
Administrative regime is a rule of civil law, which regulates placing the real estate on mrket and its
ownership.
Type of project
Survey agency
Title of agency
Evidence no. of agency
Form 2
Linking to the cadastral register and space units register:
Date:
Title of cadastral municipality
Code of cadastral municipality
Evidence no. of building
Address
settlement:
street
house number
Form 3
Position and geometry of the building: Date:
Title of cadastral municipality
Code of cadastral municipality
Evidence no. of building
plan of building
Scale 1: __________
Height of building
Vertical cross section
Height above sea level (m)
Ground level H1
Top level H2
Land height above sea
H3
level
No. of floors
Material of
brick timber mixed materials
bearing
concrete, reinforced
construction stone other materials
conc.
Form 4
Drawings of building or its parts Date:
Title of cadastral
municipality
Code of cadastral
municipality
Evidence no. of building
Building units
house no.
settlemen
bathroom
ev. no. of
ev. no. of
of rooms
area m2
number
kitchen
actual
usage
street
toilet
floor
unit
unit
t
Area of the building (m2)
Residential Non residential Common usage Total area
Form 5
Drawing of building unit Date:
Title of cadastral municipality
Code of cadastral municipality
Evidence no. of building
Form 6
Drawing of building unit Date:
Title of cadastral municipality
Code of cadastral municipality
Evidence no. of building
Units of building
Original
New state Description
state
unit evid. no.:
evid. no. of
Area (m2)
settlement
actual unit
number of
house no.
bathroom
kitchen
rooms
usage
street
toilet
floor
no.:
Owners/managers of unit
unit evid. no.: name, last name (agency) owner, manager register no. address
Form 7
Entry in registry data Date
Title of cadastral
municipality
Code of cadastral
municipality
Evidence no. of building
Plan of building
Scale 1:
__________
Form 8
Entry in register
Settlement
Street
house no.
Material of
brick timber mixed materials
bearing
concrete, reinforced
construction stone other materials
conc.
Building units
ev. no. of
ev. no. of
house no.
settlemen
bathroom
of rooms
area m2
number
kitchen
actual
usage
street
toilet
floor
unit
unit
Date: Signature:
airports with
infrastructure, plant and
1300 infrastructure, plant and means of service
systems of air traffic
navigation
1400 harbors infrastructure and navigation lines
2000 ENERGETICS
network and plant for transmission and distribution
2100 electric energy
of electric power
network and plant for transmission and distribution
2200 natural gas
of gas
pipelines for hot water, steam and compressed air,
2300 heat energy
infrastructure
2400 oil and its derivatives pipelines, infrastructure
COMMUNAL
3000
INFRASTRUCTURE
main, primary, secondary and tertiary water
3100 water supply
pipelines with structures
main, primary, secondary and tertiary sewage
3200 sewage system
system with structures
3300 waste management waste management plants and structures
- Products of bridge equipment (structural bearings, expansion joints, bridge and safety
fences),
- Other products and materials whose performances must fulfil the essential
requirements for incorporation in a permanent manner in construction works.
17.2.2 Takeover procedure
The takeover procedure includes:
- The control of validity of conformity evidence of a product, which the contractor
(manufacturer) is obliged to submit at the first and, if so required, at every
subsequent supply of products and
- The performance of identity tests, defined by the scheme of factory production
control or third party control.
The evidence of the above-mentioned assessments is a part of the Scheme of elaborating
of works, when it is carried out for a part of works, when not, it has to be submitted to
the Supervisor at the site.
The Institution selected and nominated by the Client through a procedure of public
procurement for a part of works, is included before the first incorporation of a product,
especially during the performance of identity tests and when a conformity evaluation,
validity and completeness of conformity evidence are required. A particular technical
assessment of national technical approvals must be carried out with regard to national
regulations.
Chapter 17.5 provides also the regulations and other guidelines being considered during
the process of incorporation and internal production control of the following products:
- Structure cement concrete,
- Cement concrete for wearing courses of roads,
- Cement shotcrete,
- Waterproofing products,
- Asphalt mixtures for wearing course of road,
- Products of stabilized materials,
- Unbound stone aggregates.
17.4.4 Standards whose implementation is voluntary, unless they become a contractual requirement
Conformity Conformity
Product BAS or BAS EN
attestation system certificates
1 Mixing water for concrete EN 1008 -
2 EN 446, 1+
Grout for prestressing tendons
EN 447
3 Gully tops and manhole tops for vehicular and pedestrian areas EN 124:1996 1+ (A) PSP
4 Hydraulic road binders EN 13282 2+ (B) PKP
5 Bitumen and bituminous binders SEN 12591 2+ (B) PKP
6 Polymer modified bitumen pr EN 14023 2+ (B) PKP
7 Admixtures for shotcrete EN 934-5 2+(B) PSP
8 Fly ash for concrete pr EN 450 1+(A) PSP
9 Silica fume for concrete pr EN 13263-1 1+(A) PSP
10 Products and systems for the protection and repair of concrete structures EN 1504:1-10 2+(B) PKP
11 Hydraulic road binders pr EN 13282-1 1+(A) PSP
12 Ductile iron pipes, fittings, accessories and their joints for water pipelines pr EN 545:2002 1+(A) PSP
2
CPD is a »new approach« directive which establishes the relation between required performances of
structures (works) and construction products and enables harmonisation of technical regulation on
construction product field. The Member States remain free to regulate or not the construction works.
The national regulation prescribe the rules of project designing and the process of construction,
regarding to adopted but not harmonized European standards like Eurocodes for project designing.
*
International abbreviation of Directive
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Member States are responsible for ensuring that building and civil engineering works
on their territory are designed and executed in a way that does not endanger the safety of
persons, domestic animals and property, while respecting other essential requirements in the
interests of general well-being;
Whereas Member States have provisions, including requirements, relating not only to building
safety, but also to health, durability, energy economy, protection of the environment, aspects of
economy, and other aspects important in the public interest;
Whereas these requirements, which are often the subject of national provisions laid down by
law, regulation or administrative action, have a direct influence on the nature of construction
products employed and are reflected in national product standards, technical approvals and
other technical specifications and provisions which, by their disparity, hinder trade within the
Community;
Whereas paragraph 71 of the White Paper on completing the internal market, approved by the
European Council in June 1985, states that, within the general policy, particular emphasis will he
placed on certain sectors, including construction; whereas the removal of technical barriers in
the construction field, to the extent that they cannot be removed by mutual recognition of
equivalence among all the Member States, should follow the new approach set out in the
Council resolution of 7 May 1985 (4) which calls for the definition of essential requirements on
safety and other aspects which are important for the general well-being, without reducing the
existing and justified levels of protection in the Member States;
Whereas the essential requirements constitute both the general and specific criteria with which
construction works must comply; whereas such requirements are to be understood as requiring
that the said works conform with an appropriate degree of reliability, With one, some or all of
these requirements when and where this is laid down in regulations;
Whereas, as a basis for the harmonized standards or other technical specifications at European
level and for the drawing up or granting of European technical approval. Interpretative
documents will be established in order to give concrete form to the essential requirements at a
technical level.
Whereas these essential requirements provide the basis for the preparation of harmonized
standards at European level for construction products whereas, in order to achieve the greatest
possible advantage for a single internal market. To afford access to that market for as many
manufacturers as possible, to ensure the greatest possible degree of market transparency and
to create the conditions for a harmonized system of general rules in the construction industry,
harmonized standards should be established as far as, and as quick as, possible; Whereas these
standards are drawn up by private bodies and must remain non-mandatory texts; whereas, for
that purpose, the European Committee for Standardization (CEN) and the European Committee
for Electro technical Standardization (Cenelec) are recognized as the competent bodies for the
adoption of harmonized standards in accordance with the general guidelines for cooperation
between the Commission and those two bodies signed on 13 November 1984; whereas, for the
purposes of this Directive, a harmonized standard is a technical specification (European standard
or harmonized document) adopted by, one or both of those bodies upon a mandate given by
the Commission in accordance with the provisions of Council Directive 83/189/EEC of 28 March
1983 laying down a procedure for the provision of information in the field of technical standards
and regulations (5);
Whereas the special nature of construction products requires the precise formulation of these
harmonized standards; whereas it is therefore necessary to draw up interpretative documents in
order to establish links between mandates for standards and the essential requirements;
whereas harmonized standards, expressed as far as possible in terms of product performance,
take account of these interpretative documents, which shall be drawn up in cooperation with the
Member States;
Whereas performance levels and requirements to be fulfilled by products in future in the
Member States shall be laid down in classes in the interpretative documents and in the
harmonized technical specifications in order to take account of different levels of essential
requirements for certain works and of different conditions prevailing in the Member States;
Whereas harmonized standards should include classifications that allow construction products
which meet the essential requirements and which are produced and used lawfully in accordance
with technical traditions warranted by local climatologically and other conditions to continue to
be placed on the market,
Whereas a Product is Presumed fit for use if it conforms to a harmonized standard, a European
technical approval or a non-harmonized technical specification recognized at Community level;
whereas, in cases where products are of little importance with respect to the essential
requirements and where they deviate from existing technical specifications, their fitness for use
can be certified by recourse to an approved body;
Whereas products thus considered fit for use are easy recognizable by the EC mark; whereas
they must be allowed free movement and free use for their intended purpose throughout the
Community;
Whereas, in the case of products where European standards cannot be produced or foreseen
within a reasonable period of time or of products which deviate substantially from a standard,
the fitness for use of such products may be proved by recourse to European technical approvals
on the basis of common guidelines; whereas the common guidelines for the granting of
European technical approvals will be adopted on the basis of the interpretative documents;
Whereas, in the absence of harmonized standards and European technical approvals, national or
other non-harmonized technical specifications may be recognized as providing a suitable basis
for a presumption that the essential requirements are met;
Whereas it is necessary to ensure the conformity of products with harmonized standards and
with non-harmonized technical specifications recognized at European level by means of
procedures of production control by manufacturers and of supervision, testing assessment and
certification by independent qualified third parties, or by the manufacturer himself.
Whereas a special procedure should he provided as an interim measure for products where
standards or technical approvals recognized at European level do not yet exist; whereas this
procedure should facilitate recognition of the results of tests performed in another Member State
according to the technical requirements of the Member State of destination.
Whereas a Standing Committee on Construction should be set up comprising experts designated
by Member States to assist the Commission on questions arising from the implementation and
practical application of this Directive.
Whereas the responsibility of Member States for safety, health and other matters covered by the
essential requirements on their territory should be recognized in a safeguard clause providing for
appropriate protective measures,
has adopted this directive:
(b) However, where one or more of these Directives allow the manufacturer, during a
transitional period, to choose which arrangements to apply, the CE marking shall indicate
conformity only to the Directives applied by the manufacturer. In this case, particulars of the
Directives applied, as published in the Official Journal of the European Communities, must be
given in the documents, notices or instructions required by the Directives and accompany such
products.
3. When a future directive concerns mainly other aspects and only to a minor extent the
essential requirements of this Directive, that subsequent directive shall contain provisions
ensuring that it also covers the requirements of this Directive.
4. This Directive shall not affect the right of Member States to specify - with due observance of
the provisions of the Treaty - the requirements they deem necessary to ensure that workers are
protected when using products, provided it does not mean the products are modified in a way
unspecified in this Directive.
Article 3
1. The essential requirements applicable to works, which may influence the technical
characteristics of a product, are set out in terms of objectives in Annex I. One, some or all of
these requirements may apply; they shall be satisfied during an economically reasonable
working life.
2. In order to take account of possible differences in geographical or climatic conditions or in
ways of life as well as different levels of protection that may prevail at national, regional or local
level, each essential requirement may give rise to the establishment of classes in the documents
referred to in paragraph 3 and the technical specifications referred to in Article 4 for the
requirement to be respected.
3. The essential requirements shall be given concrete form in documents (interpretative
documents) for the creation of the necessary links between the essential requirements laid down
in paragraph 1 and the standardization mandates, mandates for guidelines for European
technical approval or the recognition of other technical specifications within the meaning of
Articles 4 and 5.
Article 4
1. Standards and technical approvals shall, for the purposes of this Directive, be referred to as
'technical specifications'.
For the purposes of this Directive, harmonized standards shall be the technical specifications
adopted by CEN, Cenelec or both, on mandates given by the Commission in conformity with
Directive 83/189/EEC on the basis of an opinion given by the Committee referred to in Article 19
and in accordance with the general provisions concerning cooperation between the Commission
and these two bodies signed on 13 November 1984.
2. Member States shall presume that products are fit for use if they enable works in which they
are employed, provided the latter are properly designed and built, to satisfy the essential
requirements referred to in Article 3 where such products bear the CE marking indicating that
they satisfy all the provisions of this Directive, including the conformity assessment procedures
laid down in Chapter V and the procedure laid down in Chapter III. The CE marking shall
indicate:
(a) that they comply with the relevant national standards transposing the harmonized
standards, references to which have been published in the Official journal of the European
Communities. Member States shall publish the references of these national standards;
(b) that they comply with a European technical approval, delivered according to the
procedure of Chapter III, or
(c) that they comply with the national technical specifications referred to in paragraph 3 in
as much as harmonized specifications do not exist; a list of these national specifications
shall be drawn up according to the procedure in Article 5 (2).
3. Member States may communicate to the Commission the texts of their national technical
specifications, which they regard as complying with the essential requirements, referred to in
Article 3. The Commission shall forward these national technical specifications forthwith to the
other Member States. In accordance with the procedure provided for in Article 5 (2), it shall
notify the Member States of those national technical specifications in respect of which there is
presumption of conformity with the essential requirements referred to in Article 3.
This procedure will be initiated and managed by the Commission in consultation with the
committee referred to in Article 19.
Member States shall publish the references to these technical specifications. The Commission
shall also publish them in the Official Journal of the European Communities.
4. Where a manufacturer, or his agent, established in the Community, has not applied, or has
applied only in part, the existing technical specifications referred to in paragraph 2, which
require, according to the criteria set out in Article 13 (4), the product to be submitted for a
declaration of conformity as defined in Annex III (2) (ii), second and third possibilities, the
corresponding decisions under Article 13 (4) and Annex III shall apply and such a product's
fitness for use within the meaning of Article 2 (1) shall he established in accordance with the
procedure set out in Annex III (2) (ii), second possibility..
5. The Commission, in consultation with the committee referred to in Article 19, shall draw up,
manage and revise periodically a list of products which play a minor part with respect to health
and safety, and in respect of which a declaration of compliance with the 'acknowledged rule of
technology', issued by the manufacturer, will authorize such products to be placed on the
market.
6. The CE marking signifies that products satisfy the requirements of paragraphs 2 and 4 of this
Article. It is for the manufacturer or his authorized representative established within the
Community to take responsibility for affixing the CE marking on the product itself, on a label
attached to it, on its packaging, or on the accompanying commercial documents.
The model of the CE Marking and conditions of its use are given in Annex III.
Products referred to in paragraph 5 shall not bear the CE Marking.
Article 5
1. Where a Member State or the Commission is of the opinion that the harmonized standards or
European technical approvals referred to in Article 4 (2), points (a) and (b), or the mandates
referred to in Chapter 11, do not satisfy the provisions of Articles 2 and 3, that Member State or
the Commission shall notify the committee referred to in Article 19, setting out its reasons. The
committee shall deliver an urgent opinion.
In the light of the opinion of the committee, and after consultation with the committee set up
under Directive 83/189/EEC where it concerns harmonized standards, the Commission shall
inform Member States if the standards or approvals concerned should be withdrawn in the
publications referred to in Article 7 (3).
2. On reception of the communication referred to in Article 4 (3), the Commission shall consult
the committee referred to in Article 19. In the light of the opinion of the committee, the
Commission shall notify Member States whether the technical specification in question should
benefit, from the presumption of conformity and, if so, publish a reference to it in the Official
Journal of the European Communities.
If the Commission or a Member State believes that a technical specification no longer fulfils the
conditions necessary. For presumption of conformity with the provisions of Articles 2 and 3, the
Commission shall consult the committee referred to in Article 19. In the light of the opinion of
the said committee, the Commission shall notify the Member States whether the national
technical specification in question should continue to benefit from presumption of conformity,
and, if not, whether the reference to it referred to in Article 4 (3) should be withdrawn.
Article 6
1. Member States shall not impede the free movement, placing on the market or use in their
territory of products which satisfy the provisions of this Directive.
Member States shall ensure that the use of such products, for the purpose for which they were
intended, shall not be impeded by rules or conditions imposed by public bodies or private bodies
acting as a public undertaking or acting as a public body on the basis of a monopoly position.
2. Member States shall, however, allow products not covered by Article 4 (2) to be placed on the
market in their territory if they satisfy national provisions consistent with the Treaty until the
European technical specifications referred to in Chapters II and III provide otherwise. The
Commission and the committee referred to in Article 19 will monitor and review the
development of the European technical specifications on a regular basis.
3. If the relevant European technical specifications, either themselves or on the basis of the
interpretative documents referred to in Article 3 (3), distinguish between different classes
corresponding to different performance levels, Member States may determine the performance
levels also to be observed in their territory only within the classifications adopted at Community
level and only subject to the use of all or some classes or one class.
CHAPTER II: Harmonized standards
Article 7
1. In order to ensure the quality of harmonized standards for products, the standards shall be
established by the European standards organizations on the basis of mandates given by the
Commission in accordance with the procedure laid down in Directive 83/189/EEC and, after
consulting the committee referred to in Article 19, in accordance with the general provisions
concerning cooperation between the Commission and these bodies signed on 13 November
1984.
2. The resulting standards shall be expressed as far as practicable in product performance
terms, having regard to the interpretative documents.
3. Once the standards have been established by the European standards organizations, the
Commission shall publish the references of the standards in the 'C series of the Official Journal
of the European Communities.
CHAPTER III: European technical approval
Article 8
1. European technical approval is a favourable technical approval is a favourable
technical assessment of the fitness for use of a product for an intended use, based on
fulfilment of the essential requirements for building works for which the product is used.
2. European technical approval may be granted to.
(a) products for which there is neither a harmonized standard, nor a recognized national
standard, nor a mandate for a harmonized standard, and for which the Commission, after
consulting the committee referred to in Article 19, considers that a standard could not, or not
yet, be elaborated; and
(b) products that differ significantly from harmonized or recognized national standards.
Even in the case where a mandate for a harmonized standard has been issued, the provisions
referred to in (a) do not exclude the granting of European technical approval for products for
which guidelines for such approval exist. This shall apply until the entry into force of the
harmonized standard in the Member States.
3. In special cases, the Commission may, as a derogation from paragraph 2 (a), authorize the
issue of European technical approval, after consulting the committee referred to in Article 19, for
products for which there is a mandate for a harmonized standard, or for which the Commission
has established that a harmonized standard can be elaborated. The authorization shall be valid
for a fixed period.
4. European technical approval shall in general be issued for a five Year period. This period may
be extended.
Article 9
1. European technical approval for a product shall be based on examinations, tests and an
assessment on the basis of the interpretative documents referred to in Article 3 (3) and of the
guidelines referred to in Article 11 for this product or the corresponding family of products.
2. Where guidelines referred to in Article 11 do not or not yet exist, European technical approval
may be issued by reference to the relevant essential requirements and the interpretative
documents where the assessment of the product is adopted by the approval bodies acting jointly
in the organization referred to in Annex II. If the approval bodies cannot agree, the matter shall
be referred to the committee referred to in Article 19.
3. The European technical approval for a product shall be issued in a Member State in
accordance with the procedure laid down in Annex II at the request of the manufacturer or his
agent established in the Community.
Article 10
1. Each Member State shall notify the other Member States and the Commission of the names
and addresses of the bodies, which it has authorized to issue European technical approvals.
2. The approval bodies must satisfy the requirements of this Directive and in particular must be
able:
- to assess the fitness for use of new products on the basis of scientific and practical
knowledge,
- to take impartial decisions in relation to the interests of the manufacturers concerned or their
agents, and
- to collate the contributions of all the interested parties in a balanced assessment.
3. The list of approval bodies which are competent to issue European technical approvals, is well
as any amendments to that list, and shall be published in the 'C' series of the Official Journal of
the European Communities.
Article 11
1. The Commission shall, after consulting the committee referred to in Article 19, issue
mandates for establishing guidelines for European technical approval for a product or family of
products to the organization of approval bodies designated by the Member States.
2. The guidelines for European technical approval for a product or family of products should
contain the following, in particular:
(a) a list of the relevant interpretative documents referred to, in Article 3 (3);
(b) specific requirements for the products within the meaning of the essential requirements
referred to in Article 3 (1);
(c) the test procedures;
(d) method of assessing and judging the results of the tests;
(e) the inspection and conformity procedures which must correspond to Articles 13, 14 and
15;
(f) the period of validity of the European technical approval.
3. The guidelines for European technical approval shall, after consultation with the committee
referred to in Article 19, be published by the Member States in their official language or
languages.
CHAPTER IV: Interpretative documents
Article 12
1. The Commission shall, after consulting the committee referred to in Article 19,
instruct technical committees in which the Member States participate to draw up the
interpretative documents referred to in Article 3 (3).
2. The interpretative documents shall:
(a) give concrete form to the essential requirements laid down in Article 3 and in Annex 1 by
harmonizing the terminology and the technical bases and indicating classes or levels for
each requirement where necessary and where the state of scientific and technical
knowledge so permits;
(b) indicate methods of correlating these classes or levels of requirement with the technical
specifications referred to in Article 4, for example, methods of calculation and of proof,
technical rules for project design, etc.;
(c) serve as a reference for the establishment of harmonized standards and guidelines for
European technical approval and for recognition of national technical specifications in
accordance with Article 4 (3).
3. The Commission shall publish the interpretative documents in the 'C' series of the
Official Journal Of the European Communities after soliciting the opinion of the
committee referred to in Article 19.
prohibit the placing on the market of the product in question or to ensure that it is withdrawn
from the market in accordance with the procedures laid down in Article 21.
3. Member States shall take the measures necessary to prohibit the affixing to products or their
packaging of markings, which are likely to deceive third parties as to the meaning and form of
the CE marking. Any other marking may be affixed to the construction products on a label fixed
to the product packaging or on the accompanying commercial documents provided that the
visibility and legibility of the CE marking is not thereby reduced.
CHAPTER VI: Special procedures
Article 16
1. In the absence of technical specifications, as defined in Article 4, for any given product, the
Member State of destination shall, on request in individual cases, consider the product to be in
conformity, with the national provisions in force if they have satisfied tests and inspections
carried out by an approved body in the producing Member State according to the methods in
force in the Member State of destination or recognized as equivalent by that Member State.
2. The producing Member State shall inform the Member State of destination, in accordance
with whose provisions the tests and inspections are to be carried out, of the body it intends to
approve for this purpose. The Member State of destination and the producing Member State
shall provide each other with all necessary information. On conclusion of this exchange of
information the producing Member State shall approve the body, thus designated. If a Member
State has misgivings, it shall substantiate its position and inform the Commission.
3. Member States shall ensure that the designated bodies afford one another all necessary,
assistance.
4. Where a Member State establishes that an approved body is not carrying out the tests and
inspections properly in conformity with its national provisions, it shall notify the Member State in
which the body is approved thereof. That Member State shall inform the notifying Member State
within a reasonable time limit of what action has been taken. If the notifying Member State does
not consider the action taken to be sufficient. it may prohibit the placing on the market and use
of the product in question or make it subject to special conditions. It shall inform the other
Member State and the Commission thereof.
Article 17
Member States of destination shall attach the same value to reports and attestations of
conformity issued in the producing Member State in accordance with the procedure
referred to in Article 16, as they, do to their own corresponding national documents.
CHAPTER VII: Approved bodies
Article 18
1. Member States shall notify the Commission and the other Member States of the certification
and inspection bodies and the testing laboratories which they have designated for the tasks
which must be carried out for the purposes of technical approval, certificates of conformity,
inspections and tests, in accordance with this Directive, together with their names and
addresses and the identification numbers assigned to them beforehand by the Commission. The
Commission shall publish in the Official Journal of the European Communities a list of the
notified bodies and laboratories with their identification numbers and the tasks and products for
which they have been notified. The Commission shall ensure that this list is kept up to date.
2. Certification bodies, inspection bodies and testing laboratories shall comply with the criteria
laid down in Annex IV.
3. Member States shall indicate the products, which fall within the competence of the bodies,
and laboratories referred to in paragraph 1 and the nature of the tasks to be assigned to them.
CHAPTER VIII: Standing Committee on Construction
Article 19
1. A Standing Committee on Construction is hereby set up.
2. The committee shall be made up of representatives appointed by the Member States. A
representative of the Commission shall chair it. Each Member State shall appoint two
representatives. Experts may accompany the representatives.
5. The Commission shall ensure that the Member States are kept informed of the
progress and outcome of this procedure..
CHAPTER X: Final provisions
Article 22
1. Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with the provisions of this Directive within 30 months of its notification (1).
They shall forthwith inform the Commission thereof.
(1)This Directive was notified to the Member States on 27 December 1988.
2. Member States shall communicate to the Commission the texts of the provisions of national
law, which they adopt in the field governed by this Directive.
Article 23
At the latest by 31 December 1993, the Commission, in consultation with the committee referred
to in Article 19, shall re-examine the practicability of the procedures laid down by this Directive
and, where necessary, submit proposals for appropriate amendments.
Article 24
This Directive is addressed to the Member States.
Done at Brussels, 21 December 1988.
For the Council
The President : V. PAPANDREOU
(e) factory production control; (f) initial inspection of factory and of factory production
control by an approved body;
(g) continuous surveillance, judgment and assessment of factory production control by an
approved body.
In the Directive, factory production control means the permanent internal control of production
exercised by the manufacturer. All the elements, requirements and provisions adopted by the
manufacturer shall be documented in a systematic manner in the form of written policies and
procedures. This production control system documentation shall ensure a common
understanding of quality assurance and enable the achievement of the required product
characteristics and the effective operation of the production control system to be checked.
2. SYSTEMS OF CONFORMITY ATTESTATION
Preference is given to application of the following systems of conformity attestation.
(i) Certification of the conformity of the product by an approved certification body
on the basis of:
(a) (tasks for the manufacturer)
(1) factory production control;
(2) further testing of samples taken at the factory by the manufacturer in accordance with
a prescribed test plan;
(b) (tasks for the approved body)
(3) initial type-testing of the product;
(4) initial inspection of factory and of factory production control;
(5) continuous surveillance, assessment and approval of factory production control;
(6) possibly, audit-testing of samples taken at the factory, on the market or on the
construction site.
(ii) Declaration of conformity of the product by the manufacturer on the basis of:
First possibility:
(a) (Tasks for the manufacturer)
(1) initial type-testing of the product;
(2) factory production control;
(3) possibly, testing of samples taken at the factory in accordance with a prescribed test
plan;
(b) (tasks for the approved body)
(4) certification of factory production control on the basis of:
- initial inspection of factory and of factory production control,
- possibly, continuous surveillance, assessment and approval of factory production
control.
Second possibility:
(1) initial type testing of the product by an approved laboratory ;
(2) factory production control.
Third possibility:
(a) initial type testing by the manufacturer;
(b) factory production control.
- - If the CE marking is reduced or enlarged the proportions given in the above graduated
drawing must be respected.
- - The various components of the CE marking must have substantially the same vertical
dimension, which may not be less than 5 mm.
- - The identification number of the body involved in the production control stage shall
follow the CE marking.
- Additional information
- - The CE marking shall be accompanied by the name or identifying mark of the
producer, the last two digits of the year in which the marking was affixed, and where
appropriate, the number of the EC certificate of conformity and, where appropriate,
indications to identify the characteristics of the product on the basis of the technical
specifications.
4.2. EC certificate of conformity
The EC certificate of conformity shall contain in particular
- name and address of the certification body
- name and address of the manufacturer or his agent established in the Community
- description of the product (type, identification, use...)
- provisions to which the product conforms,
- particular conditions applicable to the use of the product,
- the certificate's number,
- conditions and period of validity of the certificate, where applicable,
- name of, and position held by, the person empowered to sign the certificate.
4.3. EC declaration of conformity
The EC declaration of conformity shall contain in particular:
- name and address of the manufacturer or his agent established in the Community,
- description of the product (type, identification, use ...),
- provision to which the product conforms,
- particular conditions applicable to the use of the product,
The testing laboratories, the inspection bodies and the certification bodies designated by the
Member States must fulfil the following minimum conditions:
1. availability of personnel and of the necessary means and equipment;
2. technical competence and professional integrity of personnel;
3. impartiality, in carrying out the tests, preparing the reports, issuing the certificates and
performing the surveillance provided for in the Directive, of staff and technical personnel in
relation to all circles, groups or persons directly or indirectly concerned with construction
products;
4. maintenance of professional secrecy by personnel:
5. subscription of a civil liability insurance unless that liability is covered by the State under
national law Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the
competent authorities of Member States.
Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent
authorities of Member States.
17.6.3 Interpretative documents – ID
17.6.3.1 General introduction
1. The Construction Products Directive (89/106/EEC) sets out in Articles 3 and 12 that
Interpretative Documents give concrete form to the Essential Requirements referred to
in Annex I of the same Directive interpreted in accordance with the preamble to that
Annex.
Article 12(3) lays down that the Interpretative Documents, after the opinion of the
Standing Committee for Construction has been solicited, shall be published in the
Official Journal of the European Communities, series C.
2. The principal objective of the Interpretative Documents (IDs) is to establish the link
between the Essential Requirements and the mandates, which the Commission gives to
European standardization bodies to establish harmonized standards and to the
European Organization for Technical Approvals to establish Guidelines for European
Technical Approvals. In order that this can be achieved the following aspects have to
be taken into account :
- harmonization of terminology and the basic technical concepts or identification of
the need for such harmonization
- indication of classes or levels for each Essential Requirement, in so far as is
necessary and possible
- indication of the methods of correlation between classes or levels and the technical
specifications(2)
- use as a reference for the establishment of harmonized standards and guidelines
for European Technical Approvals.
3. Even if the Construction Products Directive (CPD) lays down in an exhaustive way
the essential requirements applicable to the works, it does not require Member States
to impose them in the works; in other words the Member States remain free to regulate
or not the construction works.
Nevertheless, if they regulate those works, and regulations have an impact on the
construction products, Member States must comply with the provisions of the Directive
and, in consequence, adapt their national regulations; therefore they cannot impose
essential requirements applicable to the works other than those laid down in the
Directive and they can permit the placing on the market of construction products
intended by the manufacturer to be incorporated in the works only if they are fit for
use.
A construction product is fit for the intended use when it permits the works in which it
is incorporated to satisfy the applicable essential requirements; a construction product
is presumed to be fit for its intended use if it bears the CE marking which attests the
conformity of the construction product to technical specifications (harmonized
standards, European Technical Approvals, national technical specifications recognized
through Community procedures - art. 4(2)(c).
Harmonized standards for construction products and guidelines for European Technical
Approvals are established on the basis of mandates given to the standards
organizations and EOTA; these mandates are established by reference to the
Interpretative Documents in which the relevance to the essential requirements
applicable to the works, in relation to products, has been taken into account.
4. The case of the recognition of national technical specifications, in so far as a
harmonized standard does not exist (Articles 4(2)(c) and 4(3) of the CPD), is not
explicitly dealt with in the structure and terminology of this first edition of the IDs.
Nevertheless, if the case arises, the arrangements contained in the IDs would apply to
the recognition of national technical specifications under Article 12(2)(c) of the CPD, as
far as their application is relevant, taking into account the essential requirements, the
type of construction product in question and its intended use.
5. Within the framework of the implementation of the CPD, the IDs also represent a
reference for the assessment of a construction product in the two following cases:
- Article 4(4) of the Directive (assessment of the fitness for use by an approved
laboratory, in the case where a manufacturer has not applied, or has applied only
in part, the existing technical specifications)
- Article 9(2) of the Directive (assessment of the fitness for use given in a European
Technical Approval, carried out by approval bodies acting jointly within EOTA
when Guidelines for European Technical Approvals do not, or not yet, exist.
6. The Interpretative Documents are of an evolutive nature and they are therefore
capable of further development. In fact, they are based on a combination of:
- the essential requirements as they are developed in Annex I to the Directive.
- the knowledge of existing national regulations applicable to the works, including
in the field of public procurement, taking into account possible differences in
geographical or climatic conditions or in ways of life as well as possible different
levels of protection (Article 3(2)) which could render necessary the
establishment of classes or levels of requirement and/or of performance.
- the state of the art concerning construction products existing at the time of their
establishment.
- the intended use of construction products.
These different elements may evolve.
As the essential requirements are expressed in terms of objectives, the understanding
given in the Interpretative Documents at a certain moment could evolve due mainly to
technological development and the state of the art. These evolutive elements may,
therefore, justify the adaptation of Interpretative documents and affect the
understanding of the essential requirements.
A Member State may request the revision of one or more Interpretative Documents in
Guidance Papers dealing with specific matters related to the implementation, practical
implementation and application of the Directive.
These papers are not legal interpretations of the Directive.
They are not judicially binding and they do not modify or amend the Directive in any
way. Where procedures are dealt with, this does not in principle exclude other
procedures that may equally satisfy the Directive.
They will be primarily of interest and use to those involved in giving effect to the
Directive, from a legal, technical and administrative standpoint.
They may be further elaborated, amended or withdrawn by the same procedure leading
to their issue.
The European product standards will specify the tests to be carried out and the
performance characteristics to be achieved before CE marking may be affixed,
according to the requirements of the Construction Products Directive.
added value being of public importance and provided with national regulations
determining protection levels of a structure or climatic and geographical conditions;
such a regulation must be considered by Commission
CE marking approves conformity with harmonized standards only, for products placed
on common market. Conformity attestation system of unregulated field of product
standards is foreseen as voluntary certification.
The time limits and phases of hEN adoption by CEN are provided by Transitional
Arrangements Under The Construction Products Directive Guidance paper J –
Transitional Arrangements Under The Construction Products Directive.
European standard contains following mandatory chapters:
• Preliminary Informative Elements (status, time limits for adoption and withdrawal
of conflicting standards (DOW)
• General Normative Elements: the scope shall be specific and state clearly which
product(s) material(s), form(s) (if relevant) and use(s) are covered,
• Normative references: This lists documents (in most cases European or
international standard(s)), with their titles and, when the reference is dated, the
year of availability, referred to in the text in such a way as to make them
indispensable for the application of the standard.
• Technical normative elements:
• Definitions, symbols and abbreviations
• Requirements: All relevant requirements of the products should be included in
this clause, whether related to directives or not. All requirements on
characteristics from directives should be normative.
• Testing, assessment and sampling methods
• Evaluation of conformity
• Classification and designation
• Marking, labelling and packaging
• Normative annexes
• Informative annexes
• Annex ZA (added to harmonized standards - full guidance on the principles and
preparation of Annex ZA is given in the text of BT Resolution C139/2000
• Annex ZB (Other New Approach directives)
17.6.9 European technical approval
Any Approval body of EEA member states, notified at EU Commission, grants an ETA.
The body must be accredited for type testing, conformity evaluation and impartial
attestation. The product conformity to requirements of a granted technical approval
must be evaluated according to a mandatory system of attestation and surveillance.
There are two ways of ETA granting:
• In product areas where an ETAG exists, EOTA award an ETA considering the
provisions of ETAG for the products of more than one manufacturer.
• In product areas where no ETAG exists, ETAs can be awarded, subject to the
agreement of all EOTA bodies and the European Commission, through what is
known as the Common Understanding of Assessment Procedure (CUAP),in which the
assessment criteria for the product and its intended use are set out.
EOTA working groups and areas of work:
Notified Bodies and Regulators and enforcement authorities within the European
Economic Area (EEA). It is also of interest to technical specification writers
(CEN/CENELEC and EOTA members), for consideration together with the
respective mandates, manufacturers and other users for information purposes.
5. This document gives information which complements Guidance Paper A because
it describes the practical role of the notified bodies. It does not specify the
criteria to be used by Member States to examine bodies wishing to be
considered for notification (covered by Guidance Paper A).
Note: Guidance Paper A: THE DESIGNATION OF NOTIFIED BODIES IN THE
FIELD OF THE CONSTRUCTION PRODUCTS DIRECTIVE
5. The result of the actions of the notified body under CPD Annex III.2(i) (Systems
1 and 1+) is in all cases a product conformity certificate. The only difference
between the commonly used terms 'system 1' and 'system 1+' are the methods
used by the notified body to assess the product (i.e. 1+ includes audit testing).
Declaration of conformity of the product by the manufacturer (CPD Annex
III.2(ii)).
1. Under systems 2, 2+, 3 and 4, the responsibility for product sampling for the
ITT test, in accordance with the rules laid down in the technical specification,
lies with the manufacturer.
This second system (Annex III of the CPD) distinguishes between 3 possibilities:
first possibility (Systems 2 and 2+)
1. The result of the actions of the notified body under this first possibility is in all
cases a factory production control certificate. The only difference between the
commonly used terms 'system 2' and 'system 2+' are that whereas both 2 and
2+ involve assessment of Factory Production Control, system 2+ also involves
surveillance.
2. The certification of factory production control (FPC) refers to an evaluation of
the permanent internal control of production exercised by the producer (to
enable achievement of the required product characteristics to be checked).
Thus, both initial inspection and continuous surveillance are general activities
relating to a particular production facility, in order to demonstrate that the FPC
is in conformity with the requirements of the technical specification and the
CPD.
3. Given the general character of FPC certification, there is no one-to-one
relationship with the individual product characteristics, even if some aspects of a
product’s performance may warrant particular attention (to be specified in the
technical specifications if this is the case). Hence, the allocation of tasks to the
notified body or the producer on the basis of individual product characteristics
does not have any practical value. The assessment of FPC concerns all of the
elements, requirements and provisions adopted by the producer to fulfil his
obligations under the CPD.
4. Certification of FPC does not involve assessment of the overall conformity of a
product with a technical specification – this remains the responsibility of the
producer.
second possibility (system 3).
1. Under system 3, responsibility for the Initial Type Test (ITT) is given to a third
party or parties, rather than to the producer. All other responsibilities fall on the
producer.
2. The responsibility for sampling of the products to be tested, in accordance with
the rules laid down in the technical specification, lies with the producer. The
producer has a duty to ensure that the samples are representative of the
product to be placed on the market and to keep satisfactory records of this (i.e.
as part of his factory production control).
3. Having responsibility for the ITT does not necessarily mean that the third party
(or parties) has to carry out all of the tests required for a given product type. It
is quite normal for the producer to carry out some of the testing himself. The
technical specifications, elaborated on the basis of the mandates from the
Commission, will indicate which of the tests on individual product characteristics
may be performed by the producer, as opposed to the notified laboratories
(reports will always indicate who has performed the test).
4. For the tests to be carried out by a third party, the producer may approach one
or more notified laboratories, although the tests to be carried out in respect of
any one Essential Requirement must be carried out by the same laboratory (i.e.
a maximum of 6 notified laboratories may be used, one per ER). This practice
will allow highly specialized laboratories (e.g. for fire or acoustical testing) to be
notified and brought within the Group of Notified Bodies co-ordination process.
The producer shall inform each notified laboratory of the identity of any other
notified laboratories used and shall keep appropriate records.
5. Any tests carried out by the producer himself (or the notified bodies) must be
performed and reported in accordance with the technical specification(s). The
test reports shall make reference to the sample identities referred to above.
6. The complete ITT Report, assembled by the producer, shall include all of the
test reports from the notified laboratories and the producer. Any notified
laboratory involved in the ITT may request to examine the full ITT Report, in
order to satisfy him that all of the sample identities correspond with those
provided to it for testing. If they are not from the same batch, identification
testing shall allow comparing the results with the other parts of the testing [This
to allow the use of test results from different times during the development of
new products].
third possibility (system 4)
1. No compulsory intervention of a third party in attestation of conformity. This
does not, of course, prevent producers from having the necessary tests done by
outside laboratories if they so choose (e.g. if they lack the facilities or expertise
to carry out the tests and procedures themselves).
Bodies as defined in Annex III of the CPD and their roles under the various AoC
systems.
2. A sub-contracting notified body remains responsible for all the activities covered
by the notification. Sub-contracting does not entail the delegation of powers or
responsibilities. Certificates and reports are always issued in the name and
under the responsibility of the sub-contracting notified body but will indicate
who has performed the actual tasks. Serial sub-contracting is prohibited in order
to avoid undermining the coherence of the system and the confidence in it.
3. A notified body can sub-contract strictly limited technical tasks (e.g. tests,
factory production control audits), as long as these can be defined as
substantial and coherent parts of the technical operation.
Two mechanisms for sub-contracting can be identified.
On basis of a long-term contract:
1. Sub-contracting is permissible where a body, applying for notification, identifies
clearly its sub-contractors and the role these are going to play in the attestation
of conformity system.
2. This kind of sub-contractor does not need notification but should demonstrate
to the respective Member State technical competence and impartiality by
fulfilling the requirements of annex IV of the CPD for the tasks that are
contracted to them.
3. The notified body must in all cases have a direct private-law contractual link
with its sub-contractors to ensure the fulfilling of its general responsibilities.
4. This mechanism provides an answer where notified bodies seek solutions to
enable them to give a complete service to Industry. Council Decision 93/465/EC
[Council decision 93/465/EC concerning the modules for the various phases of
the conformity assessment procedures and the rules for affixing and use of the
CE conformity marking, which are intended to be used in the technical
harmonization directives] defines a number of conditions on sub-contracting.
Adapting this to the specific case of the CPD we can say that the sub-contracting of
work shall be subject to certain conditions guaranteeing:
- the competence of the establishment operating as a sub-contractor, on the basis of
conformity with the requirements of Annex IV of the CPD, Guidance paper A and
the respective harmonized technical specification, and the capability of the Member
State that has notified the sub-contracting body to ensure effective monitoring of
such compliance
- the ability of the body notified to exercise effective responsibility for the work
carried out under sub-contract."
Sub-contracting to other Notified Bodies
1. In many cases, the notified bodies will look for sub-contractors to solve isolated
problems (lack of capacity in their own laboratories, inspections in a plant
across the border…).
2. Notified Bodies can make use of the services of other Notified Bodies (that have
been notified in the relevant area) to perform tasks. The certificates or reports
produced must clearly indicate who has performed a particular task. The overall
responsibility remains with the sub-contracting Notified Body.
3. This second type of sub-contracting assures transparency by public knowledge
of the assessment of all the bodies involved by the respective Member State,
involves all actors in the European co-ordination within the GNB and offers more
possibilities to Industry.
Syst. Task for manufacturer Task for notified body Basis for CE marking
2 Initial type of testing of product Certification of factory production control on basis of initial inspection
Factory production control Manufacturers conformity Declaration
+
2+ Initial type testing of product Certification of factory production control on basis of
certification of factory production
Factory production control initial inspection
control
Testing of samples according continuous surveillance, assessment and approval of production control
prescribed test plan
1 factory production control Certification of product conformity on basis of tasks of the notified body Manufacturers Conformity Declaration
Further testing of samples according and the tasks assigned to the manufacturer accompanied by Certificate of product
prescribed test plan Tasks for notified body: conformity
- initial type-testing of the product;
- initial inspection of factory and of factory production control;
- continuous surveillance, assessment and approval of factory production
control;
1+ Factory production control Certification of product conformity on basis of tasks of the notified body
Further testing of samples according and the tasks assigned to the manufacturer
prescribed test plan Tasks for notified body:
- initial type-testing of the product;
- initial inspection of factory and of factory production control;
- continuous surveillance, assessment and approval of factory production
control;
- audit-testing of samples taken at the factory, on the market or on the
construction site
Annex 17.2: Attestation of Conformity Systems and Tasks of the Notified Bodies
Text extract from CPD Annex III Task Attestation systems Certification
required
Preference is given to application of the following systems of conformity attestation 1+ 1 2+ 2 3 4
(i) Certification of the conformity of the product by an notified certification body on the basis of:
(a) (tasks for the manufacturer)
(1) factory production control; 1 M M
(2) further testing of samples taken at the factory by the manufacturer in accordance with 2 M M
a prescribed test plan;
(b) (tasks for the notified body)
(3) initial type-testing of the product; 3 A A CP
(4) initial inspection of factory and of factory production control; 4 A A CP
(5) continuous surveillance, assessment and approval of factory production control; 5 A A CP
(6) audit-testing of samples taken at the factory , on the open market or on a construction 6 A CP
site
(ii) Declaration of conformity of the product by the manufacturer on the basis of:
First possibility:
(a) (tasks for the manufacturer)
(1) initial type-testing of the product; 7 M M
(2) factory production control; 8 M M
(3) testing of samples taken at the factory in accordance with a prescribed test plan (*); 9 M
(b) (tasks for the notified body)
(4) certification of factory production control on the basis of:
initial inspection of factory and of factory production control, 10 A A CF
continuous surveillance, assessment and approval of factory production control. 11 A CF
Second possibility:
(1) initial type-testing of the product by an notified laboratory; 12 L Report only by L
product shall be classified on the basis of its reaction to fire performance, having regard
to the classification system set out in Tables 1 and 2.
Products shall be considered in relation to their end-use application.
If the classification based on the standardised tests and criteria listed in Tables 1 and 2
is not appropriate, one or more reference scenarios (representative scale test(s)
typifying agreed hazard scenario(s) may be called on, within the context of a procedure
providing for alternative tests.
18.2.1 Classes of Reaction to Fire Performance for Construction Products
The classes defined and specified by Commission Decision 2000/147/EC (Table 1 and 2)
are: A1, A2, B, C, D, E, and F
No reaction-to-fire testing of the materials and products classified as A1 and A2 shall be
required. Their performances are specified by Commission Decision 96/603/EC
18.2.2 Assessment of Reaction to Fire Safety Performance of Construction
Products
As premises covered by this Document can vary greatly in size and layout, the risk of
fire can also vary considerably from one situation to another, particularly in industrial
and storage buildings where widely differing processes may be carried out and
hazardous substances are stored or used. It is essential, therefore, that the fire
precautions to be provided should be determined having regard to all relevant
circumstances.
It should be noted that it is not possible to set out precise rules or other criteria that
will be adequate to clearly establish the risk category in all cases. It is possible,
however, to describe in broad terms the kind of factors which will need to be
considered to determine if a building can be described as "high risk".
The details contained in the following paragraphs should be treated as broad indicators.
It does not necessarily follow that the presence (or indeed the absence) of one of the
factors mentioned in the description of the "high risk" category inevitably means that
the premises or part of the premises have to be placed in that category. It is likely that
in many engineering works there will be a mixture of risks. It is emphasised that all
factors should be considered. At the building design stage, it may be difficult to
determine the exact nature of the processes or storage involved. However, the basis for
the assessment should always be established in order to provide for adequate fire
safety measures.
Attention is drawn to obligations under the Fire Services Act, and the Safety, Health
and Welfare at Work Act, The measures to be provided under the Building Regulations
are intended to cater for fire safety in buildings generally and may not be adequate for
the range of process and industrial hazards that could arise when the building is in use.
The measures provided may therefore need to be supplemented accordingly.
Assessment of High Risk
Factors which lead to the assessment of premises or parts of the premises as being of
high risk include the following:-
(a) the presence of materials likely, when ignited, to cause the rapid spread of fire,
smoke or fumes. The materials (products) may be solid, liquid, or gaseous and as
well as the normal forms may be present as dust, spray, mist or vapour;
(b) the presence of highly flammable or explosive materials (other than in small
quantities);
(c) the products are placed on certain areas which, due to their function, may present a
greater risk of fire occurring and developing than elsewhere such as manufacturing
processes handling highly flammable liquids;
(d) the storage of hazardous products or materials and the storage of vehicles
containing hazardous goods or materials;
(e) manufacturing, processing, repairing, cleaning, washing, breaking up or otherwise
treating any hazardous product.
Reaction to Fire
Column 1 Column 2
Risk European Standards
The material has achieved a classification of A1 when tested in accordance with EN
ISO 1182 and EN ISO 1716; or
The material has achieved a classification of A2 when tested in accordance with EN
Non-combustible