Transcript Administration of Street & Highway Works Notices

Street Works
Inspection of Street works Sites
For those involved in highway
reinstatements and inspection
of reinstatements
Admin First
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Mobile phones off / silent
Registration sheet signed
‘Facilities’
Fire alarm
Contents
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Background & basics
Theoretical Inspection /
Defect Sequence
Real Life Inspection / Defect
Scenarios
S81 / S82
Quiz 
Background & Basics
Based on the New Roads and Street Works Act 1991
Legal Duties & Powers
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Utility Company
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S60 Duty to cooperate
S65 compliance with ‘safety’ Code
S67 Requirements for qualified staff
S70 Duty to reinstate
S71 Compliance with the SRoH
S73(4) Utility responsible for reinstatement done by Authority
S81 Maintenance of apparatus
S82 Compensation for damage to the highway resulting from
works or a leak
Highway Authority
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S68 Powers to inspect sites
S72 Powers to inspect & undertake work to make safe
S75 Powers to charge inspection fees
S81 Powers to inspect apparatus and undertake works to make
safe
Terminology
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WIR, Works Inspection Report – the report that is
completed following an inspection
Initial inspection – the first inspection. Can be a
Sample, Investigatory, Routine or 3rd Party
inspection
3rd Party Inspection – Done as a result of an
enquiry from non staff member – Defective
results can be Charged
Routine inspection – A problem site found whilst
undertaking other highway duties – Not charged
for (because you’re already out there)
Sample Inspection – Random inspection used for
performance – All results may be Charged
Terminology
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Defect Inspection – a D1, D2 or D3 Inspection
D1, Joint Inspection – A site inspection where the Utility
AND Authority meet to agree the extent of the defect
D2, Defect Follow-Up – An inspection done as the
remedial works are IN PROGRESS
D3, Defect Follow-Up Completion – an inspection done
AFTER the remedial works have been completed
All Defect inspections are charged for where an
inspection is actually carried out
S81 – Unsatisfactory apparatus. ‘Satisfactory’ determined
by Authority – It is NOT a defect
S82 – Compensation resulting from Damage caused by
Utility works or catastrophic apparatus failure
Basics
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All WIR’s should be sent to the Utility via EToN within 1
working day of the inspection being done
3rd Party WIR’s should include the customer enquiry ref
A D1 ‘should’ be done unless BOTH the Utility and the
Authority agree that it is not needed
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Good practice. If BOTH agree that a D1 is not needed any
agreement may be noted on an EToN comment or a £0 charge
D1 WIR
Purpose of a D1 is as follows;
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Agree ownership
Agree validity of defect
Agree extent of remedials
Agree timescales.
Good Practice – if no D1 then default position is that the defect is
valid, must be fixed within the default timescales and the whole
reinstatement needs replacing.
Basics
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Interim sites > 6 months old could be treated as a defect
(If the perm notice has been served) or breach of
legislation(If the perm notice has not been served)
One inspection per 5 small patches or 200 linear metres
of trench
Only inspections ACTUALLY DONE can charged for
Defect inspections (D1-3) are NOT done for Signing &
Guarding defects
Dangerous defects MUST be telephoned through
immediately
It is good practice for Authority’s to identify a ‘dangerous’
defect / apparatus in the same manner as they would a
non utility highway defect.
It is good practice for inspectors to sign site ‘visitors
books’ when they undertake inspections of live sites
Theoretical Inspection /
Defect Sequence
SLG Defect – Site Staff Present
(Dangerous or Non Dangerous)
1.
2.
Authority signs visitor book & completes initial WIR
Authority informs operatives of non-compliances
a)
3.
Operatives rectify problem immediately
a)
4.
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The Authority may provide a hardcopy of the WIR to the
operatives
Authority may remain on site to check that remedial works are
done.
Authority sends the initial WIR via EToN.
Instead of staying on site the Authority may return to site
after 2 or 4 hours.
a)
b)
c)
If the remedial works are done then no further action is taken.
If not then the Authority can start again at stage 1 (above).
If the remedial works are not done and there’s no one on site
then the Authority should make safe and recharge
SLG Defect - No Site Staff Present
(Dangerous or Non Dangerous)
1.
Authority inspects site & completes initial WIR
a)
2.
Authority phones utility with details of non-compliances
a)
3.
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(utility and Authority log details of phone calls. The Authority
may also send a copy of the WIR by fax or EToN)
Utility attends site within 2 or 4 hrs depending on severity
a)
4.
The Authority should make the site safe if it is dangerous
Authority should make safe if the utility cannot be contacted or
cannot get to site in 2 or 4 hours (This activity can be charged)
Authority sends the initial WIR via EToN. (if not sent by
EToN earlier)
The Authority may return to site after 2 or 4 hours.
a)
b)
c)
If the remedial works are done then no further action is taken.
If not then the Authority can start again at stage 1 (above).
If the remedial works are not done and there’s no one on site
then the Authority should make safe and recharge
Reinstatement Defect - Non Dangerous
1.
Authority inspects site & completes initial WIR
a)
2.
Utility contacts the Authority within 1 day to discuss need for a joint
inspection (D1)
a)
3.
5.
The Authority sends the D1 WIR via EToN (including details of agreements).
Utility undertakes remedial works within 10 days (Or longer if
agreed)
Authority may carry out a Defect Follow-Up (D2) during remedial
works. (don’t forget to sign the site diary)
a)
6.
If BOTH agree that a D1 is not needed then this stage is skipped.
Unless agreed otherwise the D1 occurs within 10 days (Or longer if
agreed)
a)
4.
Authority sends initial WIR via EToN.
The Authority sends the D2 WIR via EToN . If the remedial works are not
satisfactory then the Authority should discuss this with operative on site. If the
problem is not resolved the D2 is failed and the process starts again at step 2
Authority may carry out a Defect Follow-Up Completion (D3) after
completion of the remedial works.
a)
The Authority records & sends the D3 WIR via EToN. If the remedial works are
not satisfactory then the D3 is failed and the process starts again at step 2.
Reinstatement Defects – Dangerous
1.
Authority inspects site & completes initial WIR
a)
2.
Authority phones utility with details of non-compliances
a)
3.
b)
Making the site safe means doing the minimum possible – usually signing &
guarding the defect.
Authority makes the site safe if the utility cannot be contacted or cannot get to
site in 2 hrs (This activity can be charged)
The Authority sends the initial WIR via EToN.
a)
5.
(utility and Authority log details of phone calls. The Authority may also send a
copy of the WIR by fax or EToN)
Utility attends site within 2 hrs to make safe
a)
4.
The Authority should make the site safe if it is too dangerous
Including any details of works the Authority has had to do
The process for non dangerous reinstatement defects is now
followed starting at;
a)
b)
step 2 (if the utility or Authority only did the bare minimum to make the site safe,
eg signing only) or
step 5 (if the utility undertakes works on site to fully remediate the defect)
Real Life Inspection /
Defect Scenarios
Some Scenarios for Reinstatement
Defects
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Utility fixes the defect without contacting the Authority
Utility & Authority do NOT have a D1 inspection and the
utility never fixes the defect
Utility & Authority DO have a D1 inspection but the utility
never fixes the defect
Utility & Authority Do have a D1 inspection, but the
Authority misses the remedial works in progress
Defect is agreed on the phone or via a comment, but no
further contact from Utility
Authority has to undertake remedial works themselves
Utility Fixes the Reinstatement Defect
Without Contacting the Authority
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The utility has denied the Authority the D1.
If the remedial works were notified then the Authority
‘could’ have done a D2.
If the remedial works were not notified then FPN’s may be
appropriate
However, look at it this way; The defect has been fixed.
Which is good. The Authority can now undertake take the
final inspection (D3).
Authority undertakes a Defect Follow-Up Completion
(D3) inspection after completion of the remedial works.
a)
The Authority records & sends the D3 WIR via EToN. If the
remedial works are not satisfactory then the WIR is failed and the
process starts again at step 2 for a non dangerous reinstatement.
Utility & Authority do NOT have a D1 and
the Utility Never Fixes the Defect
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Authority needs to be certain that the defect is valid and
that the right utility has been informed
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Authority MUST NOT continue to send ‘failed’ WIR’s
(utility co’s will rightly refuse to pay)
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And that’s it. No further inspections process starts until
the D1 is completed.
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Once this situation arises and the defect remains then an
Authority may have to undertake the works and recharge
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Good practice – Before Authority undertakes work - invoke the
escalation process as per the HAUC(UK) advice note
Utility & Authority DO have a D1 but the
utility never fixes the defect
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Authority needs to be certain that the defect is valid and
that the right utility has been informed
1.
17 days AFTER the D1 (or 7 days after the agreed
remedial works start date – whichever is greater) the
Authority can undertake another inspection. (Do a D3)
a)
b)
2.
The Authority records & sends the D3 WIR via EToN.
Assuming the remedial works have not been done (or they’ve
been done but does not comply) then the process starts again at
step 2 (Cat B or C non dangerous).
If the remedial works continue to remain outstanding
then an authority may have to do the works themselves
and recharge
1.
Good practice – Before Authority undertakes work - invoke the
escalation process as per the HAUC(UK) advice note
Utility & Authority Do have a D1 But the
Authority Misses the Remedial Works
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Same process as for a normal defective reinstatement,
however, the D2 is missed and the WIR sequence looks
as follows;
a)
b)
c)
Initial Inspection (sample, investigatory, 3rd Party)
D1 joint inspection
D3 Defect Follow-Up Completion inspection
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The D2 cannot be done retrospectively and cannot be
charged for.
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If the Authority turns up to do the D2 and finds the work
has been completed then a D3 inspection should be done
instead
Defect Agreed (Phone, Comment or D1)
but no Further Contact from Utility
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1.
2.
Note: This process is considered ‘good practice’
1 month after agreement the Authority may undertake
another inspection. (Do a D3)
The Authority records & sends the D3 WIR via EToN.
a) If the remedial works have been done then the D3 is
passed and no further action is taken
b) If the remedial works have been done then the D3 is
failed and the process starts again at step 2
(reinstatement defect, non dangerous).
c) If the remedial works have not been done then the
defect escalation process as per the HAUC(UK)
advice note is enacted. Usually there are two choices;
a)
b)
Pay for the D3 and complete the remedial works
Refuse to pay for the D3 and the Authority will undertake
remedial works and recharge
Authority Undertaking Remedial Works
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a)
b)
c)
d)
e)
If the Utility company continues to fail to undertake
remedial works following a VALID defect then the only
option for an Authority is for it to do the works and
recharge. The following process is recommended;
Authority notifies the utility that remedial works must be
undertaken and gives them not less than 7 working days
to undertake the work.
If the reinstatement is causing danger then no advance
notice is needed, but the Authority should still contact the
utility
Reinstatements should be done to SRoH
Utility remain responsible for any Authority works
Authority may recover their reasonable costs from the
utility (management fees, notification fees, actual works
costs).
What About Other Scenarios ?
S81 / S82
Section 81 – Unsatisfactory Apparatus
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Apparatus should be judged ‘unsatisfactory’ based on the
Authority’s existing highway safety criteria
S81’s are NOT defects
Unsatisfactory apparatus should be reported to the Utility
a)
b)
c)
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Reporting to the wrong Utility may result in the Authority
receiving an inspection charge / remedial action charge by the
Utility who attended site
S81’s should be reported via EToN6
Priority = dangerous or non dangerous. Non dangerous repair
times should be agreed.
Authority can undertake emergency works to correct
‘unsatisfactory’ apparatus
a)
b)
Authority should give Utility as much notice as possible of any
such works
Authority can recharge for any emergency works
Section 82 – Compensation
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Utility co’s have to compensate an Authority for
any loss or damage arising as a result of;
A Utility undertaking street works (damage to
adjacent surfaces)
b) Catastrophic failure of apparatus (gas leak, water
leak) Apparatus should be judged ‘unsatisfactory’
based on the Authority’s existing highway safety
criteria
a)
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Good Practice – S82’s may be reported using
EToN via the defect process or the comment
facility. As S82’s are NOT defects the inspection
should not be charged nor should is count for
performance purposes.
Quiz
Overrun or SLG Defect ?
Neither
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Signs are stored on private property
SLG Defect ?
Maybe !!!
Barriers not used correctly
 Note that advance signs are not required
as there is no c’way incursion. But it might
be good practice to set them out anyway.
But if they are not there, it’s NOT a defect.
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Defect or S81 ?
S81
Hole in the side of the box. Non Dangerous
 Nothing wrong with the reinstatement
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Defect or S81
Either, Possibly Both
The reinstatement has sunk & there looks
to be a material failure
 The apparatus is blocked with B’top
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Defect or S81 ?
Defect… Probably
The reinstatement hasn’t been compacted
correctly leading to a void.
 Or it could be S82 – damage as a result of
washout from a water leak
 Or it could be a problem with the highway !
 Needs investigation if the Utility disputes it
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S81 for a Sunk Cover ?
No
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The Authority has, resurfaced the road
without raising the covers
Metric Slab in an Imperial
Slab Footway. Defect ?
No
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As longs as it’s a fairly reasonable match
Reinstatement Defect ?
Not Necessarily
It could be a temp. In which case it’s OK
 If it’s a temp > 6 months old and the perm
notice has been sent then it’s a defect
 If it’s a temp > 6 months old and the perm
notice has not been sent then it’s a breach
of S70(4)
 If an Authority has a policy of permanently
replacing slabs with B’top then utility Co’s
may also adopt this policy
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Defect, S81 or ‘Other’ ?
S82 or Defect
Defect – Reinstatement not done – at all !
 S82 - Possible damage to highway surface
drain (hole drilled through it)
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Water From Utility Boxes –
Defect or S81 ?
Neither
S.11.4.3 (and the NfG) in the SRoH states
that the Authority and SU should ‘agree’
works to stop egress and both should bear
costs
 “Utility apparatus is the Authority’s
secondary highway drainage system” –
Bob Beaney, Openreach.
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Defect or Overrun ?
Defect… usually…
An attempt has to be made to replace the
markings immediately before the site is
cleared.
 Permanent markings have to be laid within
15 days.
 See the SRoH (S11.1.1)
 Legislation has determined that S74 may
apply if no attempt has been made to
replace the markings (works not complete)
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 Regional
good practice - SEHAUC has
generally agreed to deal with these issues as a
defect
Defect or Overrun ?
Defect (if there’s no signs out,
or not replaced after 15 days)
Defect. Anti skid materials must be
replaced within 15 days.
 ‘Slippery Road’ signs must be displayed at
all times whilst the anti skid is not present.
 See the SRoH (S6.4.5.2)
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Questions
Useful Web Links
Further info available: 
DfT Website
www.dft.gov.uk
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SEHAUC Website
www.sehauc.org.uk
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HAUC(UK) Website
www.hauc.org.uk
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Elgin
http://roadworks.org