demolition & erection of buildings code - city of … o n t e n t s clause no. page no....

Demolition & Erection

of Buildings Code

Effective 1 September 2005

Prepared byPlanning & Development Department

C O N T E N T SClause No. Page No.

STATEMENT OF ETHICS 4

OBJECT OF CODE 5

1 DEMOLITION 5 2 FOOTPATH CROSSING DEPOSIT 5

3 WORKCOVER AUTHORITY NSW 5

4 HOURS OF WORK 5

5 PROTECTION OF FOOTPATH 5

6 ROAD OPENING PERMIT 5

7 NOISE & DUST CONTROL 6

8 BURNING OFF 6

9 HOARDINGS 6-7

10 TOILET ACCOMMODATION 7

11 POLICY FOR THE PLACEMENT OF BUILDINGWASTE CONTAINERS 7-12

12 CFC REFRIGERANTS & HALON FIRE EXTINGUISHANTS 13

13 DEMOLITION WORKS 13

14 WASTE MANAGEMENT PLAN 13

15 BUILDING MATERIALS ON COUNCIL’S FOOTPATH 13

DATE OF ADOPTION OF CODE & AMENDMENTS 13

STATEMENT OF ETHICS

The following seven principles of public life for Rockdale City Council guide us in achieving the highestethical standards of behaviour.

Selflessness

We will make all our decisions based solely on what is in the public interest.

Integrity

We will do what we say we will do. However, we will not put ourselves under any financial or other obliga-tion to any person or organisation when we perform our public duties.

Objectivity

When carrying out public duties, including making public appointments, awarding contracts, recommend-ing individuals for rewards and benefits, or making determination on development applications andplanning matters we will make all those decisions based on merit.

Accountability

We are accountable for our decisions and actions to the public and submit ourselves to the scrutiny appro-priate to our office.

Openness

We will be open about all the decisions and actions that we take. We will give reasons for our decisionsand restrict information only when the wider public interest clearly demands it.

Honesty

We have a duty to publicly declare any private interests we may have which conflict with our public dutiesand will resolve any conflicts so that the public interest is protected at all times.

Leadership

We will promote and support these principles by our own example to others.

1 September 2005 Demolition & Erectionof Buildings Code

DEMOLITION AND ERECTION OF BUILDINGS CODE

OBJECT OF CODE

To ensure that buildings are demolished or erected in such a manner as to cause as littleinconvenience as practicable to nearby residents and to protect, the amenity of theneighbourhood and the general environment.

1 DEMOLITION

Demolishers are required to make an application in writing and obtain written approval prior tocommencing demolition of a building on any land within Rockdale City Council.

2 FOOTPATH CROSSING DEPOSIT

Developers are required, prior to the release of the Development Application, to pay to Council aFootpath Crossing Deposit or any other Council fees and charges in accordance with Council'sadopted fees and charges as security against damage to the road, kerb and gutter, or footpathconstruction; such deposit shall be determined by Council. A non-refundable Footpath InspectionFee will also be charged to assess the condition of the road and footpath area on completion ofdemolition.

3 WORK COVER AUTHORITY NSW

Demolishers and builders are required to meet the requirements of the Work Cover and in thisregard are advised to first contact them prior to demolition.

4 HOURS OF WORK

The demolition and erection of any building is restricted to the hours of 7.00am to 6.30 pmMondays to Fridays inclusive and 8.00am to 3.00pm Saturdays, and is prohibited on Sundays andall public holidays.

5 PROTECTION OF FOOTPATH

Builders and demolishers are required to confine access to building and demolition sites to two 3mdriveways, with suitable protection of the footpaths at these points, and to also erect a 1.5m highfence along the whole of the street alignment other than at the two openings; such protection work,including fences, to be constructed, positioned and maintained in a safe condition to thesatisfaction of the Building Surveyor, prior to demolition of existing structures and commencementof building operations.

Any variation to these requirements would require the prior written approval of Council.

6 ROAD OPENING PERMIT

Builders and demolishers are required to ensure that a Road Opening Permit has been obtainedfrom Council prior to opening up the footpath or road pavement for the purpose of connection ordisconnection of house services.


7 NOISE AND DUST CONTROL

The use of the following specified items of plant, namely, compressors, bulldozers, earth excavatorand/or loaders, drag lines or shovels, power operated woodworking machines, jack-hammers,ramset guns, concrete mixers and/or concrete delivery wagons, hoists, winches, welding orriveting plant or any noise-generating equipment IS RESTRICTED TO THE HOURS OF 7.00 a.m.to 6.30 p.m. on Mondays to Fridays inclusive, and 8.00 a.m. to 6.30 p.m. Saturdays, and isPROHIBITED on Sundays, Christmas Day and Good Friday.

7.1 A person taking down or demolishing or causing to be taken down or demolished any Building orportion of any building shall -

(i) previously thereto, cause the windows or other openings in the external walls to be close boarded or otherwise covered;

(ii) cause to be used canvas, screens of wood, mats or other appliances thereon;

(iii) use or cause to be used water thereon;

in such a manner as to minimise, as far as practicable, the nuisance arising from the escape ofdust during such taking down or demolition.

7.2 Such person shall not chute, throw or let fall or cause to chute, throw or let fall from floor to floor orinto any basement of such building, any bricks, lime, stone, mortar, pieces of iron, or timber, orother materials so as to cause dust to escape from such building or to cause any such material tofall or to be cast upon a public way to the annoyance, inconvenience or danger of persons usingsuch public way.

7.3 All works to comply with AS 2436-1981 Guide to Noise Control on Construction, Maintenance &Demolition Sites, except where varied by this Code.

8 BURNING OFF

The burning of demolition and waste building materials on the site is PROHIBITED AT ALL TIMES.

8.1 SOIL EROSION CONTROL

Builders are required at all times during the erection or demolition of a building to manage all soil,sand, spoil, builders rubbish and debris on the site so that no nuisance will caused to nearbyresidents.

(NEED TO INCLUDE THE MODEL PROVISIONS ON SOIL EROSION CONTROL RECENTLYPROVIDED BY THE COOKS RIVER CMC)

8.2 EROSION SEDIMENT CONTROL

(EROSION & SEDIMENT CONTROL AS PER DETAILS OF ENVIRONMENTAL STORMWATERPOLLUTION CONTROL CODE). DETAILS TO BE SUPPLIED WITH APPLICATION.

9 HOARDINGS

9.1 Requirement

An approved hoarding must be erected where in the opinion of Council's Director - Works &Services the demolition or erection of a building is likely to jeopardise the safety of the public orcause damage to the footpath or roadway.

A "B" Class hoarding is required where the building exceeds two storeys in height and abuts onto apublic place.


9.2 Construction

All hoardings whether "A" Class or "B" Class must comply with the plans and specifications andany other requirement of the Workcover Authority.

In addition, Council requires the following features to be incorporated into hoardings:-

(a) Hoardings shall be constructed of flat timber sheeting having a thickness no lessthan 18mm. Under no circumstances will corrugated iron or flat sheet metal bepermitted in hoardings.

(b) An "A" Class hoarding to be a minimum height of 2400mm.

(c) Hoardings to be painted white and reflectorised on external corners.

(d) The exterior face of hoardings to be covered with chicken wire to prevent theattachment of posters.

9.3 Location

A "A" Class hoarding may be erected to occupy a maximum of 1200mm of the footpath width orsuch lesser width as may be determined by Council's Director - Works & Services

9.4 Removal

Where work on any site is delayed for any reason for a period of two months or longer, Councilmay require any hoarding erected on the footpath to be removed and relocated onto the propertyboundary.

9.5 Charges for Erection

The charges for the erection of hoardings to be in accordance with Council's adopted Fees andCharges.

10 TOILET ACCOMMODATION

Toilet accommodation must be provided as follows:

(a) a toilet connected to the sewer of Sydney Water; or

(b) a chemical closet of an approved design.

11 POLICY FOR THE PLACEMENT OF BUILDING WASTE CONTAINERS

11.1 Definition of Terms

"Building Waste Container (or a builder's skip) means a container that is designed:

(a) to be used and re-used for the temporary storage and subsequent conveyance and disposal of builders' rubble, waste, tree loppings, household or other rubbish or earth (but not for the storage of putrescible or dangerous waste): and

(b) to be removed from, returned to and carried by a vehicle that, when carrying thecontainer, may lawfully be used on a public road;

"Miniskip" means a building waste container of capacity 2.5 cubic metres or less.


" Public Street" - A public street is defined as any street, road, lane, thoroughfare, footpath or place open to or used by the public, and includes any place at the time open to or used by the public on the payment of money or otherwise.

11.2 APPROVAL IS NECESSARY

No Building Waste Container may be placed on any road, footpath or other public area, within the Rockdale City Council boundaries until a permit is obtained from the Council.

11.3 GENERAL CRITERIA

(a) No building waste container or skip may be stored, placed or otherwise permitted tostand on any public street, inclusive of the footpath, or in any public place, whilst thereis sufficient space for the storage of the building waste container within the user'spremises, or without the consent of the Council.

(b) Building waste containers shall not be permitted, under any circumstances, in areaswhere parking, stopping and standing of motor vehicles are prohibited.However, Council may give consideration to the placement of building wastecontainers on a footpath, adjacent to prohibited parking, stopping and standing areas,if there is insufficient space for storage within the user's premises, provided that dueconsideration is given to pedestrian movement and that any footpath pavementand/or any underground services are adequately protected from potential damage.

11.4 LOCATIONAL CONSTRAINTS

On-Road Locations

(A) Prohibited Locations:

Waste containers are prohibited

(i) Where signposted kerbside parking restrictions apply. The prohibited locationsinclude Period Parking, Clearways, Loading Zones, No Stopping, No Standing, NoParking, Construction Zones subject to operation restrictions, etc.

(ii) Where parking is prohibited for motor vehicles under the Motor Traffic & GeneralAct/Regulations. These prohibited locations are often not signposted and include thefollowing:-

* At an intersection or within 6 metres of the property line (whether controlled by traffic signals or not)

* within 9 metres of the approach side and 3 metres on the departure side of a pedestrian crossing

* within 18 metres of the approach side and 9 metres on the departure side of a Children's crossing

* within 18 metres of the approach side and 9 metres of the departure side of a bus stop

* on a hill or curve where the view is not clear for at least 50 metres:

* within 3 metres from any separation lines:

* on a median strip or traffic island


(B) Undesirable Locations:

The following locations are undesirable as placement areas for building waste containers:each application for a waste container in these locations will be considered on its merits.

* on classified and arterial/sub-arterial roads:

* in narrow streets whereby the placement of building waste containers would restrict normal traffic operations:

* at locations that will interfere or block the operations of driveways:

* at locations that will interfere or block the movement of vehicles in travelling lanes: and

* at locations that will interfere with sight lines of drivers entering or leaving premises

On-Footpath Locations

The following on-footpath locations for building waste containers are prohibited:

* at an intersection or within 6 metres of the corner (whether controlled by trafficsignals or not)

* on footpaths servicing large volumes of pedestrian traffic:

* in locations causing obstructions to pedestrian access:

* on driveways or in areas that obstruct vehicular traffic entering or leaving premises;

* in locations which obstruct access to utility service manholes or devices which require servicing (e.g. traffic signal boxes, telecommunication infrastructures, etc)

* at locations which interfere with the sight lines of drivers entering or leaving premises

11.5 DIMENSIONAL CONSTRAINTS

Acceptable dimensions for containers placed on carriageways or footpaths/verges are:

Location Dimension Range (in metres)Length Width Height

On carriageways 3.0-5.5 1.5-2.0 1.0-2.0On footpaths/verges 2.0-5.5 1.5-2.0 1.0-1.5

11.6 BUILDING WASTE CONTAINER REQUIREMENTS

(a) Rear Marking plates

Rear Marking plates are essential.

The required installation requirements for rear marking plates are as follows:

(i) each container placed on public streets shall be fitted with two rear marking plates:(ii) both plates shall be securely affixed to the rear panel such that the plates are on

opposite sides of the panel:(iii) both plates shall face 'rearwards' and should not be inclined more than 20 degrees

from the 'rearward' facing direction;(iv) each plate shall not project past the outer edge of the container;


(v) the plates shall be arranged so that the yellow portions appear on the outer andlower edges;

(vi) the lower edge of each plate shall be horizontal and not higher than 1.5m nor lessthan 400mm from the ground. The plates shall be mounted as high as possible togive approaching vehicles the earliest possible warning of a container's presence onthe road or footpath:

(vii) the plates shall be the same height above the ground;(viii) the outermost edge of each plate shall be within 150mm from the outer edge of the

container; and(ix) rear marking plates must not be obscured by mud or any other fixtures on the

building waste container.

Each rear marking plate shall comply with the requirements that apply to heavy vehicles/trailers as described under Regulation 56A of the 'Regulations for Motor Traffic -part IVA" (P.242).

The operator must ensure that the container is placed properly with the rear marking platesvisible to traffic behind the container.

(b) Reflectorised Tape

Reflectorised tape shall also be used to complement the rear marking plates. This tapeshall be applied to the outermost edges of the rear panel.

In addition to the reflectorised tape affixed to the rear panel, this tape shall also be appliedmidway along the side panels and across the front panel to further assist visibility.

(c) Flashing Yellow Lights

Where required by Council two (2) battery operated flashing yellow lights are to besupplied, one at the front and one at the rear of each building waste container. The supplyof the flashing lights is at the cost of the waste generator or applicant.

(d) Colour of Container

All waste containers placed on public streets should have the rear panel painted in a lightcolour to aid visibility to oncoming traffic. Where the rear panel is other than a light coloureach submission will be considered on its merits.

It is also preferable if the remainder of the waste container is also light coloured.

(e) Company Information

Each bin is to have the name of the Waste Container Supplier and contact phone numberclearly indicated on the side of the container.

(f) Other Considerations

In conjunction with the above listed constraints and requirements, the placement of buildingwaste containers on public streets should be -

(i) preferably located in areas sufficiently illuminated:(ii) located such that stormwater drainage is not impeded; and (iii) limited to minimal period of placement on footpaths and carriageways

11.7 PROHIBITED MATERIALS

Building waste containers shall not be used for the disposal or storage of putrescible, inflammableor explosive materials, or other materials specified as prohibited by the Waste Recycling andProcessing Service of N.S.W.


11.8 APPROVED WASTE CONTAINER SUPPLIER

Permits for the placements of waste containers will only be given for approved waste containersuppliers. An application to become an approved supplier needs to be in writing supplying:

a) A certified copy of a statement from an Insurance Company or Insurance Brokers that Public Liability Insurance of $5,000,000 is held by the person or company placing the container or as varied by Council from year to year. A renewal certificate is to be forwarded

to Council each year to ensure continued compliance. The Public Liability Insurance shall:

i) Be in the joint names of Rockdale City Council and the Waste ContainerSupplier which covers the Council, the Water Container Supplier and allsubcontractors employed from time to time in relation to the work for theirrespective rights and interests and covers their liabilities to third parties.

The policy must also cover the Waste Container Suppliers liability to theCouncil for loss of or damage to property and the death of or injury to anyperson (other than liability which is required by law to be insured under aWorkers Compensation Policy of Insurance) and,

ii) Include a cross-liability clause in which the insurer agrees to waive all rightsof subrogation or action against any of the persons comprising the insuredand for the purpose of which the insurer accepts the term "insured" asapplying to each of the persons comprising the insured as if a separatepolicy of insurance had been issued to each of them (subject always to theoverall sum insured not being increased thereby) and,

iii) The policy issued by the insurers shall contain a clause that such insurance may not be cancelled mid-term or allowed to lapse without thewritten agreement of all parties comprising the Names Insured.

b) An agreement that the company or business supplying the waste container will acceptresponsibility for any damage to the Council road or footpath as a result of the binplacement whether the waste bin was placed by a Company representative, or an agentacting on its behalf, or a subcontracted owner driver, as well as accepting responsibility forpenalties or charges levied by the Council for improper use.

c) An agreement that drivers will not place a waste container within a prohibited location evenwhere a permit was previously issued by the Council.

d) Details of colours of waste bin in accordance with condition 6(d).

e) An agreement that a waste container will not be placed in a public street without the wastegenerator obtaining a permit from the Council.

f) Entering into the Waste Container Deed of Agreement.

11.9 SPILT MATERIALS

The waste generator or applicant is responsible for spilt materials and ensuring the area around the waste container is left tidy.

11.10 OBTAINING A PERMIT

(a) No permit shall be required where the waste bin is placed on private property.

(b) An applicant or waste generator desiring to place a building waste container on a publicstreet shall obtain a permit from Council's Customer Service Centre prior to ordering andplacement of the waste container.

(c) Any permit of the Council shall be issued in writing and a copy of the permit shall be kept on

the site.


(d) A permit will only be issued for a waste container available from an approved wastecontainer supplier.

(e) The payment of all fees associated with obtaining the permit in accordance with Council'scharges from time to time.

NOTE: To discourage the placement of waste containers for long periods the rate changesafter 14 days. Where a permit application is received within 14 days of an earlier permitexpiring, the permit will be charged at the rate applicable as if the permit was continuouswith the earlier permit or permits.

(f) Where the site is inspected after a permit is issued and it is found that prior to delivery awaste container cannot be legally placed, the cost of the permit will be refunded less anadministration/inspection fee. Where a bin has already been placed, the bin is to beremoved immediately, and the balance of the permit cost will be refunded (after charge forthe time already expended) less an administration/inspection fee.

(g) Council reserves the right to order the removal of any building waste container, despite anyapproval granted, if such container or the activity associated with it causes a nuisance.

11.11 UNAUTHORISED USE

(a) Approved Waste Container Supplier

Three warnings will be issued to an approved waste container supplier in any financial yearwhere a waste container is placed on any public street without a permit. Where placementwithout a permit continues, the waste container will be removed to Council's depot. Thewaste container will not be released until all penalties, removal costs and holding chargeshave been paid. Council also reserves the right to sell the waste container where the costsremain unpaid after the 14 day notice has expired. The waste firm will also be removedfrom Council's approved list for that financial year.

(b) Unapproved Waste Container Supplier

Where a waste container is placed by an unapproved waste container supplier one warningwill be issued to the supplier together with details as to how to become an approved supplier.Where placement without a permit continues, the waste container will be removed toCouncil's depot. The container will not be released until all penalties, removal costs andholding charges have been paid. Council also reserves the right to sell the waste containerwhere the costs remain unpaid after the 14 day notice has expired.

(c) Waste Generators or Owner/Occupiers

Where a waste container is placed on a public street without a permit or where a permit hasexpired, the waste generator will be invoiced for all standard costs together with a penaltycost as per Council fees and charges. However where a permit has expired and it can beshown that the bin has not been removed as required due to the fault of the bin supplier, thewaste generator will not be charged.


12 CFC Refrigerants and Halon Fire Extinguishants must be recovered fromequipment being scrapped or dismantled

The NSW Ozone Protection Regulation 1991 requires that when refrigeration and air-conditioningequipment is being decommissioned any chloroflurocarbon (CFC) refrigerant contained in theequipment must be recovered by an authorised mechanic.

The discharge of halon fire extinguishing agents is prohibited except to fight a fire in anemergency. Halon must also be recovered by authorised mechanics. Further information can beobtained from the Environmental Protection Authority (9795-5000).

13 All demolition works to comply with AS 2601-1991. The Demolition of Structures,except where varied by this Code.

14 WASTE MANAGEMENT PLAN

No demolition works shall be carried out without a waste management plan proposal inaccordance with Rockdale DCP No. 53, Construction Site Waste Management and Minimisation.

15 STORAGE OF BUILDING MATERIALS

During building operations, builders must keep public footpaths and roadways free of obstructionby building materials to pedestrians. Storage of building materials on Councils footway will only bepermitted where:

� It is obvious to the Certifying Authority that it is not possible to store the buildingmaterials on site. Note: where a private certifying authority is in charge a writtenrequest must be first presented to Council seeking prior consent. The request is toindicate reasons why the materials should be permitted to be stored on Council’sfootpath and ensure that compliance with Councils conditions of Development Consent will be undertaken by that authority if permission is granted.

� Storage being confined to the nature strip and a minimum 1 metre clearance is to beprovided to allow safe pedestrian access.

� All materials are stacked carefully so as not to create a hazard for pedestrians.� A 1 metre clearance from existing street trees is provided.� The period of storage of building materials on Council's footpath is limited to a

maximum of three months starting from the commencement of building work.

FAILURE TO OBSERVE THIS INSTRUCTION WILL RESULT IN THE ISSUE OF AFINE OR LEGAL PROCEEDINGS BEING INSTITUTED FOR UNAUTHORISEDOBSTRUCTION IN TERMS OF THE ENVIRONMENTAL PLANNING &ASSESSMENT ACT 1979.”

ADOPTED ON 22ND NOVEMBER, 1989

Amended 16.5.90, 21.4.93, 21.10.97,24.5.99, 25.10.00, 12.3.01 & 17/8/05


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