Assignment Two Answers

Answers to Assignment Two

Assignment 2

You receive a request by telephone from the Fire Brigade to attend a building, which has been destroyed by fire. When you arrive you find that the building is in Colne Town Centre and now appears to be in danger of collapse.

1. What legislation would be involved and what would be your immediate course of action.

Answer

This would depend on how dangerous the structure is from a point of view of the BCO and how long they think it would be before it could collapse.

If the BCO decides that it is in danger of collapsing within the next 24 hours then Section 78 applies.

(1) If it appears to a local authority that

a) a building or structure, or part of a building or structure, is in such a state, or is used to carry such loads, as to be dangerous, and

b) Immediate action should be taken to remove the danger, they may take such steps as may be necessary for that purpose.

If the structure is reasonably safe and doesn’t look as if it could collapse in the very near future then Sec.77 of the Building Act 1984 applies.

If it appears to a local authority that a building or structure, or part of a building or structure, is in such a condition, or is used to carry such loads, as to be dangerous, the authority may apply to a magistrates’ court, and the court may

a) where danger arises from the condition of the building or structure, make an order requiring the owner thereof

i) to execute such work as may be necessary to obviate the danger or,
ii) if he so elects, to demolish the building or structure, or any dangerous part of it, and remove any rubbish resulting from the demolition.

It would depend on how dangerous and structurally unsafe the building is as to what needs to be done next.

The owner would need to be contacted. If I was unable to contact the owner then I could contact the Council Tax Department, who may have the necessary information.

2. You decide that the main street must be closed and the adjacent building evacuated. What must you do to get this organised and who must be involved?

Answer

The police need to be involved in case it could be treated as suspicious circumstances and the fire brigade also needs to be involved to tackle the fire

Need to get in touch with the relevant parties who have the building adjacent and inform them of what the situation is and ensure that there is no one in the property.

The highways department also needs to be informed of this as well as it will block the public’s right of way and delay any potential traffic.

Also in order to organise the situation a foreman from the Council’s depot would need to be contacted to send out and make the building safe and remove any potential danger. If it is out of hours then we would have to go through emergency console.

3. What legislation gives you the necessary powers to deal with the immediate danger?

Answer

If there is an immediate danger then Sec.78 applies.

(1) If it appears to a local authority that:

a) a building or structure, or part of a building or structure, is in such a state, or is used to carry such loads, as to be dangerous, and

b) Immediate action should be taken to remove the danger, they may take such steps as may be necessary for that purpose.

2) Before exercising their powers under this section, the local authority shall, if it is reasonably practicable to do so, give notice of their intention to the owner and occupier of the building, or of the premises on which the structure is situated.

Therefore the building officer has the authority to order that works be carried out to secure the building even without the owner/occupiers consent providing they notify them of the situation.

4. The front of the building requires to be shored. Sketch out a suitable arrangement to shore the front of the three storey building as above fronting onto the highway.

Answer

The centre of the raker should be right at the floor joists.

Shoring can be needed to give temporary support to walls and floors during alteration work, demolition work or underpinning, or where a structure has become unsafe.

If there is no adequate shoring in an unsafe building then the results could be possibly causing death or injury to someone who is near to the site.

There are 3 methods of shoring.

A) Dead Shoring

The purpose of dead shores is to support dead and superimposed loads of a building, mainly while alteration and repair work is in progress.

A dead shore supports a wall of a building while an opening is being formed in it. Needles may be of timber or steel with sizes depending on the spacing, distance apart of dead shores and the loadings.

B) Raking Shores

Raking shores may be used to provide temporary support to a wall, which has become defective and unsafe, or as a precautionary measure while alteration work is being undertaken. The arrangement of the shores will depend on the height of the building, loads to be carried, extent of openings and space available adjacent to the building.

C) Flying Shores

They are used to provide support between buildings, where an intervening building has been demolished, or across a narrow street or alley, where the consent of the highway authority will be needed in addition to the owner of the property from which support is required.

5. Sketch out suitable hoarding and other temporary works necessary, when the shoring is in place, so that the road and footpath can be re-opened. (Highways Act 1980 S172)

Answer

The diagrams on the assignment are examples of what could be used in this scenario. The most suitable forms of protection for the public in this case would firstly, be the hoarding this would protect the public and ensure that no member of the public could gain access into the building, as it is high then the chance of young children gaining access is minimal.

A protected walkway could also be used in this case something could fall from the building onto the public footpath this could reduce this risk as well. The other option is to place a pedestrian barrier around the site. This is not as effective as a protected walkway or hoarding however it would be the quickest barrier to put up.


6. What is the next procedure, which you must now take in order to obtain a Court Order to secure the repair or demolition of the building?

Answer

Sec.77 of the Building Act 1984 - In order to obtain a court order the authority may apply to the magistrates court and the court may:

a) where danger arises from the condition of the building or structure, make an order requiring the owner thereof

i) to execute such work as may be necessary to obviate the danger or,

ii) if he so elects, to demolish the building or structure, or any dangerous part of it, and remove any rubbish resulting from the demolition, or

b) where danger arises from overloading of the building or structure, make an order restricting its use until a magistrates’ court, being satisfied that nay necessary works have been executed, withdraws or modifies the restriction.


7. The building is situated on the main street in Colne, which is in the conservation area. What special arrangements are necessary in this case?

Answer

Planning need to be consulted however present legislative provision relating to demolition in conservation areas is to be found under Sec.74 of the Planning (Listed Buildings and Conservation Act) Act 1990 and Sec.75 it is stated that consent is not required for the demolition of listed buildings, ecclesiastical buildings being used for ecclesiastical purposes, ancient monuments and other buildings in respect of which a Direction made by the Secretary of State is in force.

Public safety is considered more important than a building being in a conservation area.



8. What are the Council’s responsibilities if they are arranging work and instructing contractors, under health and safety legislation?

Answer

Firstly there is CDM, which is in full Construction (Design and Management) Regulations. This came into force in 31st March 1995 and place duties on Clients, Planning Supervisors, Designers and Contractors to plan co-ordinate and manage health and safety throughout all stages of a construction project.

The CDM regulation applies to construction work, which includes demolition work regardless of the length of time or the number of workers. A Planning Supervisor would be needed and their purpose would be to co-ordinate the health and safety aspects of the demolition and carry out a health and safety plan. The health and safety plan provides the health and safety focus for the construction phase of a project.
The planning supervisor is responsible for overseeing that the health and safety plan is prepared in time and for developing the health and safety plan ensuring that it is kept up to date.

The health and safety file is a record of information for the client, which tells those who might be responsible for the structure, of the risk that have to be managed during maintenance, repairs or renovation.
The relevant council departments have already vetted the contractors, which the council has used in the past, have the relevant insurance and are fully aware of health and safety procedures.


9. You are required to prepare a press release detailing the Council’s involvement. Prepare a suitable document. What are the Council’s policies relating to communicating with the press?

Answer

The standard procedure for releasing a statement would be to contact the press officer first. The press officer will then interview the service manager and collect the relevant information. The press officer will then re write the information in corporate style. Once this is done then the service manager will check the press release and then it is sent to the local media and in some cases the national media.
An example could be:-

A fire broke out in the centre of Colne on road/street last night resulting in £*** of structural damage. Fire fighters were called on the scene at **** in the morning/afternoon and were able to control the fire, preventing the fire from spreading to the adjoining shops. There has been no report of any injuries.

The building is now considered to be in a dangerous state however the Council has quickly been able to stabilise the building preventing any potential accidents.

A quote from the Principal Building Control Officer ***** says:

The Council are endeavouring to open the street to enable the shopping to return to normal as soon as possible to inconvenience everyone to a minimum and safe guarding this important building for the future.

They have also been liasing with the local police and fire and a full investigation in to this incident is being carried out.

The road leading up to and past the town hall is currently blocked off for safety purposes however the Council aim to re-open the road as soon as possible.


10. What arrangement have to be made to have the gas, electricity, telephone and water services disconnected?

Answer

We would have to get in touch with the United Utilities Board as soon as possible by the telephone and then send a notice as well confirming the instructions given over the telephone. In a case of demolition then the relevant services would have to be contacted in accordance with the Building Act.1984.

This is in accordance with Sec.80. (3)

A notice shall specify the building to which it relates and the works of demolition intended to be carried out, and it is the duty of a person giving such a notice to the local authority to send or give a copy of it to:

a) the occupier of any building adjacent to the building,
b) the British Gas corporation, and
c) the Area Electricity Board in whose area the building is situated (which would be United Utilities)


11. What involvement has the Health and Safety Executive if the building is to be demolished?

Answer

At the back of a demolition notice it states that:

Safe working practices must be observed during the demolition operations and the Health and Safety Executive must be informed prior to commencement of any demolition operations.

So the HSE need to be informed before the demolition commences.

12. What notice must be given to the Council from the owner/demolition contractor?

Answer

No person may start a demolition unless they have given 6 weeks notice to the council of their intention to do so in writing and has received a Notice form the Council as their requirements in respect of the demolition.

Look at section 80.Sec (2) a. This says that;

No person shall begin demolition to which this section applies unless:
a) he has given a notice of his intention to do so, and

b) i) The local authority have given a notice to him under Sec 81.

Under Sec. 81 it says that the contractor needs to give a: demolition order under the Housing Act 1957 and once we have received this notice then a copy of the notice must be sent to the owner/occupier of the adjacent property to the building which the notice relates to.

13. How must the Council respond to this notice, and how can the right to support and weather protection of adjacent buildings be dealt with?

Answer

Under section 81 of the Building Act it says:

1) A local authority may give a notice under this section to;-
a) a person on whom a demolition order has been served under the Housing Act 1957

b) a person who appears to them not to be intending to comply with an order made under section 77 or a notice given under section 79
The notice given out under Sec. 81 will have to comply with the sub sections out lined in Sec.82 the relevant one to this section being Sec. 82.1(b)

(b) to weatherproof any surfaces of an adjacent building that are exposed by the demolition.

So this is saying that the person who has the notice is responsible for weatherproofing the exposed buildings because of the demolition of the adjoining building.

Answers by:
MD January 2004