Professional Documents
Culture Documents
Approved by
CD/R01/015
LH
GTTPC,ECPC,TAPCO,SCIPCO,ESC,ADSSC,ADWEC, Abu Dhabi Municipality, License And Traffic Directorate, Building Management Directorate, Etisalat, Ital Consult And Bureau Library
CD/R01/015
13 December 2007
Consultation on the Streetworks and Access Regulations (2008) Author Document Version Publication date BW CD/R01/015 0.1 13 December 2007 Page 1 of 8
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Foreword
1. The Regulation and Supervision Bureau for the water and electricity sector in the Emirate of Abu Dhabi (the Bureau) has completed a review of existing procedures governing the work processes involved in working in streets and public areas. The Bureau, through the powers vested in it under Article 62 of Law No (2) of 1998 Concerning the Regulation of the Water and Electricity Sector in the Emirate of Abu Dhabi, hereby proposes to issue the Streetworks and Access Regulations (2008), hereafter referred to as the Regulations. The Bureau wishes to consult all interested parties on the proposed Regulations, additional copies of which may be found on the Bureaus website: www.rsb.gov.ae. Responses should be provided by post or email by 31 January 2008, to the undersigned.
2.
3.
Signed,
Lindsay Hill Director of Production and Power Regulation and Supervision Bureau PO Box 32800 Abu Dhabi Fax: 026424217 Email: power@rsb.gov.ae
Consultation on the Streetworks and Access Regulations (2008) Author Document Version Publication date BW CD/R01/015 0.1 13 December 2007 Page 2 of 8
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Contents
1. 2. Background ................................................................................................... 4 Summary of Key Aims .................................................................................. 5
Scope and Enforcement .................................................................................................5 Introductory provisions..................................................................................................5 Advance notice and permissions..................................................................................6 General requirements .....................................................................................................6 Reinstatement .................................................................................................................6 Records ............................................................................................................................7 Protecting the environment ...........................................................................................7
Annex A .................................................................................................................... 8
Consultation on the Streetworks and Access Regulations (2008) Author Document Version Publication date BW CD/R01/015 0.1 13 December 2007 Page 3 of 8
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1. Background
1.1 During 2006 and 2007 the Bureau reviewed existing standards of practice and procedures governing the work undertaken to install and maintain electrical and water apparatus. The review found a requirement for a consistent approach for implementing best practices in line with local and international standards. In addition, there is a requirement for guidelines and clarification of standards relating to the special environment in the Emirate of Abu Dhabi. Following this review, the Bureau proposes to issue new regulations, to be known as the Streetworks and Access Regulations 2008 [the Regulations], and due to come into force from 1 May 2008. The Bureau now wishes to conduct a wider public consultation, for the views of other interested parties to be considered. The development of the water and electricity sector in the Emirate of Abu Dhabi has seen the adoption of predominantly UK standards for the implementation and maintenance of the apparatus. The Regulations continue to rely on these standards and, in particular, are consistent with the general principles outlined in: (a) Abu Dhabi Municipalities & Agriculture Department, Health & Safety Codes of Practice for Construction Projects Parts 1 & 2; Abu Dhabi Municipality Road Department, Requirements and Recommendations for Non-disruptive Road Crossing; and New Roads and Street Works Act 1991, Code of Practice for the Coordination of Street Works and Works for Road Purposes and Related Matters.
1.2
1.3
1.4
1.5
(b)
(c)
Consultation on the Streetworks and Access Regulations (2008) Author Document Version Publication date BW CD/R01/015 0.1 13 December 2007 Page 4 of 8
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2.3
2.4
Introductory provisions
2.5 In undertaking Streetworks, the key elements to minimise disruption and inconvenience to highway users, without compromising safety, are: (a) (b) (c) (d) good planning; coordination; communication and cooperation.
This document deals with each in turn. In reality, they go hand-in-hand throughout the process, from the first discussions about proposed works to completion of those works. 2.6 Licensees undertaking Streetworks should provide the coordinator in the relevant authority with accurate and timely information about the works in particular when the works start and finish. They should inform the
Consultation on the Streetworks and Access Regulations (2008) Author Document Version Publication date BW CD/R01/015 0.1 13 December 2007 Page 5 of 8
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coordinator of any changes to the programme, including whether works are postponed or cancelled, or if there are changes to other aspects of the works, if problems arise.
General requirements
2.8 In undertaking Streetworks, the key elements to minimise disruption and inconvenience to highway users, without compromising health and safety, are cooperation and flexibility, good coordination, good planning and good communication. Health and safety for both workers and the public is paramount when works are carried out in the street, and appropriate risk assessments must be carried out. However, there will remain decisions as to how precisely works are done. Good planning and preparation can ensure that disruption is minimised without compromising safety. The Regulations specifically focus, amongst others on: (a) (b) (c) Ensuring Adequate Health and Safety Measures are in place; Competency of staff; and Apparatus belonging to other interested parties.
2.9
Reinstatement
2.10 The quality of reinstatements and highway works can directly influence the life of the highway infrastructure and the assets within it. Carrying out maintenance and Reinstatement works to a high standard is important.
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Records
2.11 The adoption of common recording standards within the sector will improve the quality and consistency of all records of underground Apparatus in the Street. Those proposing to carry out excavations should obtain relevant information before commencing the works. The person proposing to excavate in the Street should advise the Owners of Apparatus already in the street of the nature and the extent of the proposed works. The specific aims of this Regulation are to minimise: (a) (b) (c) (d) injury to operatives and others; disruption to undertakers customers; inconvenience to street users; and damage to apparatus.
Consultation on the Streetworks and Access Regulations (2008) Author Document Version Publication date BW CD/R01/015 0.1 13 December 2007 Page 7 of 8
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Annex A
A.1 The Streetworks and Access Regulations (2008) Consultation Version 0.1, December 2007.
Consultation on the Streetworks and Access Regulations (2008) Author Document Version Publication date BW CD/R01/015 0.1 13 December 2007 Page 8 of 8
Approved by LH
Attachment
The
Issued by: The Regulation and Supervision Bureau for the Water, Wastewater and Electricity Sector in the Emirate of Abu Dhabi www.rsb.gov.ae
December 2007
Consultation Version 0.1
Page 1 of 22
List of Revisions
Revision Number Consultation Version 0.1 Date Dec 2007 Prepared by: B Williams Checked by: L Hill Issued to:
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Contents
1. Introduction ......................................................................................... 4
1.1 1.2 1.3 Citation and commencement .............................................................4 Purpose ................................................................................................4 Scope and enforcement......................................................................4
2. 3.
Definitions ........................................................................................... 6
2.1 Interpretation........................................................................................6
Introductory provisions...................................................................... 9
3.1 3.2 General duty of Licensee to coordinate works ................................9 General duty of Licensee to cooperate ...........................................10
4.
5.
General Requirements...................................................................... 14
5.1 5.2 5.3 5.4 5.5 Health and Safety Measures.............................................................14 Avoidance of unnecessary delay or obstruction ...........................14 Qualifications of supervisors and operatives ................................15 Works likely to affect other Apparatus in the Street......................15 Facilities to be afforded to the Bureau ............................................15
6.
Reinstatement ................................................................................... 16
6.1 6.2 Duty to reinstate ................................................................................16 Materials, workmanship and standard of reinstatement...............16
7. 8.
Emergency Works............................................................................. 17
7.1 Notice of Emergency Works.............................................................17
9. 10. 11.
Notes:
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1.
1.1
1.1.1 1.1.2 1.1.3
Introduction
Citation and commencement
These Regulations shall be cited as the Streetworks and Access Regulations 2008. These Regulations shall come into force on 1 May 2008 [proposed]. These Regulations are issued by the Regulation and Supervision Bureau through the powers vested in it under Article 62 of Law No (2) of 1998 (including amendments and reenactments thereof).
1.2
1.2.1
Purpose
The purpose of these Regulations is to provide direction and guidelines that promote the installation and maintenance of safe and efficient systems for working in Streets, Public Places and Premises. The Regulations are not intended to substitute detailed specifications for designers of installations or to serve as instruction for untrained persons. Regulations made pursuant to Article (62) of this Law may be made for the following further purposes, namely to enable a licensed transmission operator, a licensed distribution operator or any other licensed operator to the extent that its licence so provides to: (a) (b) carry out Streetworks; and enter into or onto Premises belonging to, or occupied by, any person for the purposes of carrying out Streetworks.
1.2.2
1.3
1.3.1
1.3.2
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1.3.3
These Regulations shall apply to all new Streetworks (including extensions and modifications to existing Installations) which are constructed following the date of commencement above (clause 1.1.2). These Regulations shall be enforced by the Bureau in the Emirate of Abu Dhabi pursuant to Article (66) of Law No (2) of 1998 (including amendments and re-enactments thereof), failure of any Person or Licensee to comply with these Regulations is contrary to Law No (2) of 1998 (including amendments and re-enactments thereof). These Regulations are subject to modification or revocation by the Bureau at any time and from time to time. Compliance with these Regulations shall be assessed in accordance with specifications and guidelines contained within this document or other relevant standards. Failure to comply with these Regulations, or any part thereof, shall be deemed as contrary to the Law. Such failures will be addressed in accordance with the Law under Article 65(5) (notices served by the Bureau), Article 66 (failure to comply) and Article 135 (offences and fines). Action may be taken against any Licensee to which these Regulations apply. Relaxation of any of the requirements of the Regulations shall be approved by the Bureau upon written request from any Licensee.
1.3.4
1.3.5 1.3.6
1.3.7
1.3.8
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2.
2.1
Definitions
Interpretation
Words which have been given definitions under this section are used in the Regulations beginning with capital letters e.g. ...any Emergency Works carried out by an Undertaker of the Works will Terms in common use have not been given definitions and normal dictionary definitions apply. Words and expressions other than those described in this section, which are defined in the Law, shall have the meanings ascribed to them in the Law. Words using the singular or plural number also include the plural or singular number, respectively. 2.1.1 2.1.2 2.1.3 Access means entering, exiting or right to approach, communicate with, or make use of Premises owned by others. Agent means any company, contractor or person employed by or acting for the Licensee or Licence holder. Apparatus includes a sewer, drain, cable, waterpipe or tunnel and any structure for the lodging therein of Apparatus or for gaining Access to Apparatus owned by Licensee. Bureau the Regulation and Supervision Bureau for the Water, Wastewater and Electricity Sector in the Emirate of Abu Dhabi, as established under Law No (2) of 1998 (including amendments and re-enactments thereof). Code of Practice is a documented set of recommended or preferred processes, actions or organisational structures to be applied in a given setting. Competent Person means a person with enough practical and theoretical knowledge, experience, training and other qualities related to the job they are to do. Emergency Works means any works and associated tasks required putting an end to, or preventing the re-occurrence of, circumstances existing or imminent (or which the licensee or his agent believes on reasonable grounds to be so), that are likely to cause danger to persons or property. Law means Law No (2) of 1998 Concerning the Regulation of the Water, Wastewater and Electricity Sector in the Emirate of Abu Dhabi 1998 (including amendments and re-enactments thereof).
2.1.4
2.1.5
2.1.6
2.1.7
2.1.8
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2.1.9
Licensee or Licence Holder means Licensed Transmission Operators, Licensed Distribution Operators and any other Licensed Operators and their Agents, holding a licence from the Bureau pursuant to the Law. Notice of Intent documentation submitted to the Relevant Authorities specifying the scope of works and requesting permissions. Owner the legal owner of Premises in which a Licensees Apparatus is installed. Note in some cases an Owner may also be a Customer. Pedestrian Routes means any footpath, footway or pavement used or intended for use to carry pedestrian traffic. Premises any occupied or un-occupied building or facility, including the fenced or walled (or demarcated or segregated) space surrounding it or other place where there is a Licensees electrical, water or wastewater Apparatus installed. Reinstatement includes making good; the permanent Reinstatement of the road shall include, in particular, the Reinstatement of features designed to assist people with a disability and extend, in the case of road works which involve breaking up or opening a sewer, drain or tunnel under the road, to the Reinstatement of the sewer, drain or tunnel. Relevant Authorities refers to the Abu Dhabi Municipalities Roads Directorate and the Abu Dhabi Traffic Police Department. Street means any road, branch road, carriageway or highway and including Pedestrian Routes designed and installed to carry motorized and non-motorized transport including motorcycles and bicycles and all forms of pedestrian traffic. Where a Street passes over a bridge or through a tunnel, references to the Street include that bridge or tunnel. Streetworks means any kind of work (including but not limited to, installation, maintenance, repair or alterations) to Licensees Apparatus such as, water trunk mains, water mains, water plants, electric lines or electric plants and all other works associated with or incidental thereto carried out in a Street (including but not limited to, opening and breaking up Streets, sewers or tunnels under Streets, tunnelling or boring and removing earth materials).
2.1.10
2.1.11
2.1.12 2.1.13
2.1.14
2.1.15
2.1.16
2.1.17
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2.1.18
Undertaker of the Works in relation to Streetworks means the Licensee by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or a person having permission to execute undertake Streetworks, as the case may be.
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3.
3.1
3.1.1
Introductory provisions
General duty of Licensee to coordinate works
The Licensee shall use their best endeavours to coordinate the execution of works of all kinds in the Streets or Premises for which they are responsible: (a) (b) in the interests of health and safety; to minimise the inconvenience to persons using the Street (having regard, in particular, to the needs of people with a disability); and to protect the structure of the Street and the integrity of Apparatus in it.
(c) 3.1.2
That duty extends to coordination with other interested parties where Apparatus in a Street for which another interested party is responsible is affected. The Bureau shall approve for the purposes of this Regulation a Licensee Code of Practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of coordination a Licensee shall have regard to any such approved Code of Practice. If it appears to the Bureau that a Licensee is not properly discharging their general duty of coordination and Reinstatement, he may direct the Licensee to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take. The direction shall specify the information to be provided and the period within which it is to be provided.
3.1.3
3.1.4
3.1.5
If after the end of that period it appears to the Bureau that the Licensee is not properly discharging their general duty of coordination and/or Reinstatement, the Bureau may direct the Licensee to take such steps as he considers appropriate for the purpose of discharging that duty. The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the Bureau as to what steps have been taken and the results of taking them.
3.1.6
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3.1.7
3.2
3.2.1
(c) 3.2.2
The Bureau shall approve for the purposes of this section a Licensee Code of Practice giving practical guidance as to the matters mentioned above and: (a) so far as an Licensee complies with such approved Code of Practice he shall be taken to comply with his duty under that subsection; and a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.
(b)
3.2.3
That duty extends to cooperate with other interested parties where Apparatus in a Street for which another interested party is responsible is affected.
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4.
4.1
4.1.1
4.2
4.2.1
shall give not less than the prescribed timescales to the Relevant Authority and to any other person having Apparatus in the Street which is likely to be affected by the works.
4.3
4.3.1
Streetworks permission
The Undertaker of the Works must obtain all relevant permissions from the Relevant Authorities permitting the Undertaker of the Works: (a) (b) to place, or to retain, Apparatus in the Street; and thereafter to inspect, maintain, adjust, repair, alter or renew the Apparatus, change its position or remove it, and to execute for those purposes any works required for or incidental to such works (including, in particular,
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breaking up or opening the Street, or any sewer, drain or tunnel under it, or tunnelling or boring under the Street).
4.4
4.4.1
Access to Premises
When the Undertaker of the Works requires Access to a property not belonging to them he is to take all reasonable steps to inform the Owner of his requirements. In particular, the Undertaker of the Works is to: (a) (b) (c) (d) consult with landowners, developers and businesses about the potential impact of the proposed work activity; arrange a convenient time to enter the property to carry out the required work activity; when required arrange regular coordination meetings with all interested parties; and ensure that all the provisions of these Regulations are met when his work activity extends into or onto another parties property.
4.5
4.5.1
the Undertaker of the Works shall follow any directions given by the Relevant Authority as may be appropriate as to the times when the works may or may not be carried out.
4.6
4.6.1
Restriction on works
An Undertaker of the Works shall not in contravention of a restriction imposed by any permission given by the Relevant Authority break up or open the part of the highway to which the restriction relates, except: (a) (b) (c) to execute emergency works; with the consent of the Relevant Authority; or in such other cases as may be prescribed.
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4.7
4.7.1
Phasing of Works
All works must be carried out as quickly as is reasonable with the minimum disruption to other Street users. Wherever possible they should be completed in a single occupation of the Street to permanent Reinstatement. The Undertaker of the Works must discuss any works requiring more than two phases with the Relevant Authority. All Notices shall include the various phase types.
4.7.2
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5.
5.1
5.1.1
General Requirements
Health and Safety Measures
An Undertaker of the Works executing Streetworks shall ensure: (a) that any part of the Street which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit; and that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the Street, having regard, in particular, to the needs of people with a disability.
(b)
5.1.2
In discharging their duty with respect to the placing, maintenance or operation of traffic signs, an Undertaker of the Works shall comply with any directions given by the Relevant Authority. Refer to Section 22 Road Works & Bridges, Abu Dhabi Municipalities & Agriculture Department Health & Safety Code of Practice for Construction Projects. The Bureau shall approve for the purposes of this part, Licensees Code of Practice giving practical guidance as to the matters above and: (a) so far as an Undertaker of the Works complies with such approved Code of Practice he shall be taken to comply with that subsection; and a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that subsection.
5.1.3
(b)
5.2
5.2.1
shall carry on and complete the works with all such dispatch as is reasonably practicable.
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5.2.2
The Undertaker of the Works must ensure that any obstructions during the Streetworks should not extend for a longer period than is reasonably necessary.
5.3
5.3.1
5.3.2
5.4
5.4.1
(b)
5.5
5.5.1
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6.
6.1
6.1.1 6.1.2
Reinstatement
Duty to reinstate
The duty of the Undertaker of the Works by whom Streetworks are executed to reinstate the Street. He shall begin the Reinstatement as soon after the completion of any part of the Streetworks as is reasonably practicable and shall carry on and complete the Reinstatement with all such dispatch as is reasonably practicable. He shall before the end of the next working day after the day on which the Reinstatement is completed inform the Relevant Authority that he has completed the Reinstatement of the Street, stating whether the Reinstatement is in accordance with the specification.
6.1.3
6.2
6.2.1
6.2.2
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7.
7.1
7.1.1
Emergency Works
Notice of Emergency Works
Nothing in section 4.1 (advance notice), section 4.2 (notice of starting date of works) affects the right of an Undertaker of the Works to execute Emergency Works. An Undertaker of the Works executing Emergency Works shall, if the works are of a kind in respect of which Notice is required by section 4.2, give Notice as soon as reasonably practicable, and in any event within a period as may be prescribed by the Relevant Authority of the works being begun, to the persons to whom Notice would be required to be given under that section. The Notice shall state his intention or, as the case may be, the fact that he has begun to execute the works and shall contain such other information as may be prescribed.
7.1.2
7.1.3
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8.
8.1
8.1.1
stating the nature of the Apparatus and (if known) whether it is for the time being in use. 8.1.2 The records shall be kept up to date and shall be kept in such form and manner as may be prescribed by the Relevant Authority and the various approved Code of Practice. An Undertaker of the Works shall make his records available for inspection, at all reasonable hours and free of charge, by any person having authority to execute works of any description in the Street or otherwise appearing to the Undertaker of the Works to have a sufficient interest.
8.1.3
8.2
8.2.1
Duty to inform
A Licensee executing Streetworks of any description in the Street finds Apparatus belonging to other interested parties which is not marked, or is wrongly marked, on the records made available to the Undertaker of the Works, shall take such steps as are reasonably practicable to inform the interested parties to whom the Apparatus belongs of its location and (so far as appears from external inspection) its nature and whether it is in use.
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8.2.2
Where a person executing works of any description in the Street finds Apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the Apparatus belongs, he shall: (a) if he is an Undertaker of the Works, note on the records kept by him under section 8.1.1 (in such manner as may be prescribed) the location of the Apparatus he has found and its general description; and in any other case, inform the Relevant Authority of the location and general description of the Apparatus he has found.
(b)
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9.
9.1.1
Enforcement
Pursuant to Article (66) of Law No (2) of 1998, failure of any Person or Licensee to comply with these Regulations is contrary to Law No (2) of 1998 (including amendments and re-enactments thereof). These Regulations are subject to modification or revocation by the Bureau at any time and from time to time.
9.1.2
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10.
10.1.1
Disputes
Any disputes relating to these Regulations shall be dealt with in accordance with the enforcement powers of the Bureau under Law No (2) of 1998 (including amendments and re-enactments thereof)
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11.
Main applicable U.A.E. Legislation: (a) (b) (c) (d) (e) (f) (g) (h)
Main applicable International Legislation: (i) (j) New Road and Street Works Act 1991 UK New Roads and Street Works Act 1991 Code of Practice for the Coordination of Street Works and Works for Road Purposes and Related Matters. Department for Transport Co-ordination of street works and works for road purposes Department for Transport Working Together - A Good Practice Guide to Managing Works in the Street. Department for Transport Safety at Street Works and Road Works. Department for Transport A Practical Guide to Street Works. Department for Transport - Code of Practice for Inspections. Health and Safety Authority Code of Practice for Avoiding Danger from Underground Services. HSG47 - Avoiding danger from underground services
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