Building Over and Adjacent to SEQ Service Providers Assets. Assessment Manual

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1 Building Over and Adjacent to SEQ Service Providers Assets Assessment Manual

2 Building Over and Adjacent to SEQ Service Document Details This document is only valid on the day it was printed. Document Sponsor Chief Operating Officers of the SEQ Service Providers Version Date May 2012 References Technical Standard Category A Guidelines for the assessment of proposed structures/works over and adjacent to SEQ Service Providers sewers (up to and including 225 mm) on private properties (not roads) Technical Standard Category B Guidelines for the assessment of proposed structures/works over and adjacent to SEQ Service Providers pressure mains on private properties (not roads) Technical Standard Category C Guidelines for the construct tion of works over and adjacent to SEQ Service Providers assets on public roads

3 Building Over and Adjacent to SEQ Service Contents 1. Introduction Outline of Process Establish Category of Assessment Asset Location Legislation Assessment Types Private Certification Process Statement of Justification Checklist of Required Documentation SEQ Service Provider s Consent Cost of Works Damage to SEQ Service Providers Infrastructure... 10

4 1. Introduction SEQ Service Providers manage water supply and sewerage assets that are generally underground and located on both private properties and on public roads. Any damage to thesee assets during construction could cause harm to persons, property and the environment. Litigation and repairs costs could also impact the community as these costs will need to be passed on. Protection of these assets is critical to SEQ Service Providers as businesses. This is also a legislated requirement under the Water Supply (Safety & Reliability) Act In accordance with the Act a person must not, without the written consent of the service providers, build over, interfere with access to, increase or reducee cover, or change the surface of land in a way causing ponding of water over an access chamber or other infrastructure owned by the service provider. Protection of the SEQ Service Provider s assets should not prohibit developers or home owners from building or carrying out improvements on their properties. This policy is designed to protect and maintain access to SEQ Service Providers assets and where possible allow home owners to build or carry out improvements on their properties. Due to the type and location of the asset and the level of assessment necessary, the Building Over and Adjacent to a SEQ Service Providers Asset Policy is divided into three (3) categories: Category A: Building over and adjacent to sewers on private properties and public open space (not roads). Category B: Building over and adjacent to pressure mains (including water mains, recycle water mains and rising mains) on private properties and public open space (not roads) Category C: Building over and adjacent to SEQ Service Providers assetss on public roads. These guidelines (subject to change) provide an outline of the limitations and requirements which need to be followed when planning to construct works over or within 2.0 m of SEQ Service Providers assets. SEQ Service Providers assets include but are not limited to water supply, sewerage and recycled water supply pipes, fittings, appurtenances and thrust blocks. The guidelines establish criteria which assist in protecting SEQ Service Providers assets from damage, and ensure that customers avoid the cost and inconvenience of removing structures which may impede access to an asset for operations and maintenance purposess by SEQ Service Providers. Page 4 of 10

5 2. Outline of Process The following guidelines provide information i to the applicant on how to make and gain consent to build over and adjacent to SEQ Service Providers assets. 2.1 Establish Category of Assessment The applicant must first establish the type and location of the SEQ Service Providers asset to be either built over or adjacent to. The three categories are as follows: Category A: Building over and adjacent to sewers on private properties and public open space (not roads). Category B: Building over and adjacent to pressure mains on private properties and public open space (not roads) Category C: Building over and adjacent to SEQ Service Providers assetss on public roads. 2.2 Asset Location If their search at the time of purchase of the property does not contain an asset location or As- Constructed plan, the applicant shall: Request a detailed asset location l plan showing size, depth, offset, etc by telephoning the relevant SEQ Service Provider s Customer Contact Centre. A standard fee may apply for this application. Prior to designing any structure or carrying out works, establish if the proposed structure/works is to be located within: o 5 m of a large diameter (>225 mm) sewer; or o 2 m of any other asset; or o 10 m of any asset if piles are to be driven. Note that the structure/works includes ground anchors, rock bolts and excavation and filling. It is the Owner s/developer s responsibility to confirm the actual on-site location of an SEQ Service Provider s asset. SEQ Service Providers can perform this function if required (a nominal fee may apply). Sometimes a land surveyor is required. For basic information on the location of all utility assets, both internal and external of the property boundaries, contact Dial Before You Dig by telephone 1100 or facsimile For information about the services where Dial Before You Dig information is not available and/or to apply for an asset location plan please contact the relevant SEQ Service Provider s Customer Contact Centre. 2.3 Legislation If intended works are to be constructed adjacent to or within 5 m of a large diameter sewer or 2 m of any other asset (or if piles are to be driven within 10 m of any asset) approval must be sought from the relevant SEQ Service Provider prior to the commencement of any works. Page 5 of 10

6 This is a legislated requirement under the Water Supply (Safety & Reliability) Act 2008, Part 7, Section 192 and the South-East Queensland Water (Distribution and Retail Restructuring) Act2009, Part3, Section 53BU. 192 Interfering with service provider s infrastructure (1) A person must not, without the written consent of a service provider, interfere with a service provider s infrastructure. (Maximum penalty 1000 penalty units) (2) A person must not, without the written consent of a service provider, build over, interfere with access to, increase or reduce the cover over, or change the surface of land in a way causing ponding of water over an access chamber for, a service provider s infrastructure. (Maximum penalty 500 penalty units) 53 BU Requirement to consult if water infrastructure affected (1) The public entity must give the distributor-retailer a notice stating: (a) details of the proposed public entity work; and (b) that the distributor-retailer may, within a stated period, make written submissions to the entity about that proposal. (2) The stated period must not end before 30 business days after the notice is given (3) Before deciding to make the change, the entity must consider any written submission made by the distributor-retailer within the stated period. SEQ Service Providers will instigate legal proceedings, in accordance with the above clauses of the Water Supply (Safety & Reliability) Act 2008, and the South-East Queensland Water (Distribution and Retail Restructuring) Act2009 where: Works being constructed is i not consistent with the approved plans and/or conditions SEQ Service Providers infrastructure has been damaged during construction. Private Certifier or the Registered Professional Engineer Queensland (RPEQ) certifying false or inaccurate information based on which SEQ Service Providers grant consent. 2.4 Assessment Types For proposed construction activities over or adjacent to water assets (water, sewerage or recycle water), SEQ Service Providers may grant consent either through: Category A: Category B: Category C: Two levels of assessment are available depending on: the type of works proposed; the type class and diameter of pipe; and other requirements: Private Certification (including RPEQ) Assessment process; OR SEQ Service Providers Assessment process SEQ Service Providers Assessment process SEQ Service Providers Assessment process Page 6 of 10

7 2.5 Private Certification Process The Private Certification assessment process can only be undertaken by a Private Certifier or a Registered Professional Engineer Queensland (RPEQ). i. The Private Certification assessment process applies to: a) Building over or adjacent to sewer mains not exceeding 225 mm in diameter b) All building/structures, filling/excavation, footings (including bored/screw piers and ground anchors) or slabs (including driveways) that are located within 2 m horizontally of the sewer (including maintenance holes and house connection branches) c) All building/structures, filling/excavation, footings (including bored/screw piers and ground anchors) or slabs (including driveways) that are to be built over the sewer (including maintenance holes and house connection branches) d) Driven piles that are within 10 m of a sewer (including maintenance holes and house connection branches). ii. The Private Certification assessment process does not apply to proposed works: a) near sewers greater than 225 mm in diameter b) near sewers greater than 3 m in depth c) near sewers constructed in Asbestos Cement (AC) pipes or Vitrified Clay (VC) pipes. d) near pressure sewers thatt are pumped or vacuum e) where rock bolts/anchors are proposed to be used f) where it is a requirement of a Council s Development Permit that a building over sewer assessment be undertaken by the SEQ Service Provider g) where easements for sewerage purposes exist h) near pressure mains (water mains/ recycle water mains/ rising mains) on private property and public open space (not roads) and easements for water supply and rising main purposes (see Technical Standard Category B for details). i) on public roads (see Technical Standard Category C for details). Where the Private Certification process does not apply, the Private Certifier or the RPEQ must contact the relevant SEQ Servicee Provider to clarify the assessment procedure. iii. The Private Certification process involves: The applicant or representative (private certifier or RPEQ engineer) must submit the following documentation to the relevant SEQ Service Provider for consent to build over and adjacent to the SEQ Service Provider s assets. a) The SEQ Service Provider s Build Over or Adjacent to Sewer Part 1 Request for Consent Form b) The SEQ Service Provider s Build Over or Adjacent to Sewer Part 2 Assessment Form (this form must be completed by a licensed Private Certifier or a RPEQ). Page 7 of 10

8 c) All relevant plans d) A Statement of Justification e) An RPEQ report where necessary (this will be required where a structural design is accompanying any private certification assessment) f) The prescribed fee. Further notes regarding the Build Over or Adjacent to Sewer Part 2 Assessment Form i. The applicant or representative (private certifier or RPEQ engineer) must submit this form to the relevant SEQ Service Provider for consent to build over and adjacent to the SEQ Service Provider s assets: ii. This form contains the assessment requirements and must be completed by a licensed Private Certifier or a Registered Professional Engineer (RPEQ Structural Engineer Certified). iii. For all applications, Certifiers and RPEQs must assess the application against each of the acceptable solutions of the General Provisions. iv. For applications involving piles/piers, swimming pools, retaining walls, filling and excavation, Private Certifiers and Engineers must also assess the application against the Acceptable Solutions of the Additional Provisions. v. The assessor must tick either MET or N/A for each of the acceptable solutions. vi. The Certifier or Engineer must make the Assessor s Declaration before lodging the application with the SEQ Service Provider, with owners signature. 2.6 Statement of Justification The application MUST include a Statement of Justification which demonstratess that ALL fair and reasonable alternatives have been considered. Fair and reasonable alternatives include, but are not limited to, either relocating the proposed structure OR relocating the SEQ Service Provider s asset to ensure an acceptable clearance (minimum 1.0 m) is maintained between the structure and the asset. The Statement of Justification must be signed by the private certifier or RPEQ engineer assessing the application. 2.7 Checklist of Required Documentation The applicant or representative (private certifier or RPEQ engineer) must submit the following documentation to the SEQ Service Provider for consent to build over and adjacent to the SEQ Service Provider s assets The SEQ Service Providers Build Over and Adjacent to Sewer Part 1 Request for Consent Form (this form can be completed by owner) The SEQ Service Provider s Build Over or Adjacent to Sewer Part 2 Assessment Form (this form must be completed by a licensed Private Certifier or a RPEQ All relevant plans A Statement of Justification Page 8 of 10

9 An RPEQ report where necessary (this will be required where a structural design is accompanying any private certification assessment) The prescribed fee 2.8 SEQ Service Provider s Consent If the SEQ Service Provider finds that the application is complete and endorsed by a private certifier or RPEQ then the SEQ Service Providers will stamp a consent granted on the Build over or adjacent to SEQ Service Providers Asset Part 1 Request for Consent Form. The SEQ Service Providers consent is issued in direct reliance upon the Assessor s Declaration in the Build over or adjacent to SEQ Service Providers Asset Part 2 Assessment Form. It shall be noted that SEQ Servicee Providers reserve the right to audit any application received. Deliberate or false information supplied in support of a consent, by the Private Certifier, or by a RPEQ, will result in a refusal and a possible complaint to the relevant governing authority of the professional involved. When stamped, the Assessment Form will constitute the consent of the SEQ Service Provider under the Water Supply (Safety & Reliability) Act 2008, Part 7, Section 192 subject to the following conditions: Standard conditions of consent (Appendix A) The asset must be located accurately on-site by builders/supervisor/surveyor to determine the size, location and depth of the asset prior to the commencement of any work. Works must be constructed in accordance with the details included in the Build Over or Adjacent to SEQ Service Providers Asset Part 1 Request for Consent Form and supporting relevant documents. A Private Certifier must not issue aforementioned conditions. The SEQ Service Providers will add the following property notation to the property records of the property being granted consent to build over or adjacent to the SEQ Service Provider s assets. This is to make future owners aware of the consent when they apply for property searches during the purchase of the property. Consent exists on this property for a building over or adjacent to SEQ Servicee Providers assets. The owner accepts sole responsibility for, and releases SEQ Service Providers, their employees, authorised agents, and contractors, in respect of all injury, loss or damage which may be sustained by the approved structure or other property including the property of any person, and any illness, death or injury of any person as a result of works carried out by SEQ Service Providers, their employees, authorised agents and contractors for the purpose of inspecting, constructing, maintaining or repairing any SEQ Service Provider s asset, beneath or in the vicinity of the building or structure except to the extent caused by negligence of the SEQ Service Providers, their employees, authorised agents and contractors. 2.9 Cost of Works a building development approval which is inconsistent with the Page 9 of 10

10 Any works (re-alignment, relocation, replacement, lowering or increasing cover etc) of existing SEQ Service Provider s assets that are necessary to comply with the requirements of this policy has to be carried out by an authorised SEQ Service Provider s representative. This may require an Operational Works application in accordance with the Sustainable Planning Act The owner shall be responsible for ALL costs associated with any identified works Damage to SEQ Service Providers Infrastructure Any damage to SEQ Service Providers infrastructure should be made safe and immediately reported to SEQ Service Providers Contact Centre. Repairs to a SEQ Service Provider s infrastructure may only be undertaken by an authorised SEQ Service Providers representative. SEQ Service Providers reserve the right to pursue recovery action against any relevant persons with respect to repair and related costs incurred in making good damages. Dependent upon the the cause of the damage, this may include recovery action against the Assessor who signed the Assessor s Declaration. Page 10 of 10

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