Archive for the ‘Statutory & Legislation’ Category

4 Jul 2007

Using mobile phones in healthcare premises

New Department of Health guidance asks Trusts to issue clear guidance on the use of mobile phones. Some of their recommendation are here:

Mobile phone use - Do’s and Don’ts

Do’s

  • Do – carry out a thorough risk assessment to determine where mobile phones may and may not be used,
  • Do – make sure you have a written policy on mobile phone usage, that is readily available for patients and visitors,
  • Do – ensure there is a named official to take responsibility for the policy,
  • Do – make all staff aware of the contents of the policy and make it easily accessible to them,
  • Do – empower staff to challenge the misuse of mobiles on the site,
  • Do – update the policy periodically according to changes in the healthcare environment and advances in technology
  • Do – clearly designate specific areas where mobile phones can be used,
  • Do – make it clear that mobile phone use also includes the use of the camera facility,
  • Do – clearly label designated ‘usage and non-usage’ areas with appropriate signage,

Don’ts

  • Don’t – allow unfettered mobile phone use throughout the healthcare premises,
  • Don’t – allow mobile phone use within 2 metres of sensitive medical equipment (as specified by MHRA)
  • Don’t – allow patients and visitors to use the camera phone facility without permission,
  • Don’t – subject patients to noisy ringtones, music from inbuilt players, constant “chatter”, as they are recuperating
  • Don’t – allow patients and visitors to charge their mobile phones from the hospital’s power supply

Although NHS Trusts must ultimately decide where mobile phones are and are not allowed the Department of Health suggests that their usage, for safety, privacy and dignity and annoyance reasons, are not used in the following areas;

  • On wards,
  • Intensive therapy units,
  • Operating theatres,
  • Maternity wards,
  • Special care baby units,
  • Children’s wards/areas.

The whole guidance paper can be found here

29 May 2007

CDM 2007

Sorry for the delay, but following on from my earlier blog…

As you will all now be aware, the CDM Regulations 2007 came into force on the 6 April 2007.
The key aims of CDM 2007 are to integrate health and safety into the management of a project and encourage everyone involved to work together to:

  • Improve the planning and management of projects from the very start;
  • Identify hazards early on, so they can be eliminated or reduced at the design or planning stage and ensure the remaining risks can be properly managed;
  • Target effort where it can do the most good in terms of health and safety:
  • Discourage unnecessary bureaucracy

The CDM Regulations 2007 apply to all construction work from the 6 April 2007.  There are some exceptions, as defined in the regulations; these include maintenance of fixed plant, erection and taking down of tents and various others, but exclude off-site manufacture of items to be used later in construction work.
There are transitional arrangements for projects which commenced prior to the 6 April 07, but these generally concern arrangements and competence in respect of Clients Agent, Planning Supervisor, CDM Co-ordinator and Principal Contractor.
The CDM Regulations 2007 applies to all construction projects and there will be the following duty holders; client, designers and contractors. It is only when a project is notifiable to the HSE that there will be a CDM Co-ordinator and Principal Contractor required.

Notifiable projects are those where construction work is expected to;

  • Last more than 30 working days; or
  • Involve more than 500 person days, i.e. 50 people working for over 10 days

Although there is no requirement for a CDM Co-ordinator, Principal Contractor or Construction phase plan for a non-notifiable project, the regulations do require co-operation and co-ordination between all members of the project team.  In notifiable projects the CDM Co-ordinator will ensure this takes place as part of the requirements of their role.
I attach below an extract from the Approved Code of Practice (ACOP) which sets out the duties of the various duty holders below, and have highlighted some of the important points to note as designers. I have left out the CDM Coordinator role, but think in terms of a key project health & safety advisor with a far more pro-active role:

  • The Client is an organisation or individual for whom a construction project is carried out.  Clients only have duties when the project is associated with a business or other undertaking (whether for profit or not).  Non-Domestic clients eg. people having work done on their own home have no client duties under CDM 2007.
  • The Client has one of the biggest influences over the way a project is run, and this is reflected in the more onerous  requirements on clients in CDM 2007 – See summary of duties below.
    Example – if a client fails to arrange for a CDM Co-ordinator or Principal Contractor on a notifiable project then these roles default to the client.
  • Designers need to make sure they are competent and adequately resourced to address health & safety issues likely to be involved in their design.
  • Designers to check Client aware of duties (no change here), except that for notifiable projects designers are to:

a) ensure that the client has appointed a CDM Coordinator,
b) ensure thet they do not start design work other than initial design(up to stage C has been suggested) until a CDM Coordinator is appointed,
c) cooperate with CDM Coordinator, principal contractor & other designers & contractors as necessary to enable them to comply with their duties.

  • Designers on all projects are required to avoid forseeable risks and to eliminate hazards and reduce risks during design.

It is not always reasonably practical to eliminate hazards and where this is the case, consideration is to be given to design solutions reducing risk to an acceptable level. The amount of effort put into eliminating hazards and reducing risks should depend on the degree of risk. There is little point in spending a lot of time, money and trouble on low risk issues eg those risks that a competent contractor would be expected to manage.

The focus should be on issues that are known to have the potential to cause significant harm, and where there are known solutions that reduce the risks to everyone exposed.

The greater the risk, the greater the weight that must be given to eliminating or reducing that risk.
This was the message from previous HSE guidance, now it is clear.

  • Designers on all projects should provide adequate information about any significant risks associated with the design.
  • Designers to coordinate their work with others to improve the way risks are managed & controlled.
  • Ensure that any design for use as a workplace takes account of the proviaions of the Workplace (Health,Safety & Welfare) Regulations 1992.

What designers don’t have to do:

a) take into account or provide information about unforseeable hazards and risks,
b) design for possible future uses of structures that cannot reasonably be anticipated from the design brief,
c) specify construction methods, except where a design assumes or requires a particular construction/erection sequence.
d) exercise any health & safety management functions
e) worry about trivial risks.

The new ACOP and CDM Policy & Procedures resides in our Quality Assurance folder filed in the shared drive, and should be referred to by all.
Our existing procedures are being reviewed at present awaiting a document from the APS available in June. Please continue to follow our existing arrangements until such time as the new arrangements are in place, but keeping in mind the points made above.

Follow this link for a summary of duties under the CDM regulations under CDM 2007.

21 May 2007

Major planning reforms for a sustainable future

Communities Secretary Ruth Kelly has unveiled major reforms of the country’s planning system to make it fit to tackle new challenges in the 21st century - speeding up the system alongside improved community consultation.

The wide-ranging White Paper has four key pillars:

  • A better, quicker system to decide major infrastructure projects with enhanced community engagement and an improved level of expertise.
  • Simplifying the local planning system for householders to make it far easier to make home improvements like extensions and conservatories, where there is little or no impact on neighbours.
  • Planning playing a bigger role in tackling climate change.
  • Ensuring the planning system continues to support vibrant town centres.

The Government also pledged a new commitment to protect the green belt. The White Paper makes clear previously developed brown field land must remain the clear priority for housing development with our parks and green spaces protected.

The simplifying of the local planning system for householders will allow councils to focus on strategic priorities such as more homes for future generations and tackling climate change.

For more detail see the Department of CLG news

Notes to Editors

1. The ‘Planning for a Sustainable Future’ White Paper can be found here, the accompanying consultation document can be found here.

2. The White Paper sets out our detailed proposals for reform of the planning system, building on Kate Barker’s recommendations for improving the speed, responsiveness and efficiency in land use planning, and taking forward Kate Barker’s and Rod Eddington’s proposals for reform of major infrastructure planning. Further information can be found here and here  [External link].

3. The allocations for the first tranche of PDG for 07/08 together with  accompanying documentation can be found at here.

18 May 2007

RIBA Seminar notes - Accessible Design, presented by JMU Access Partnership

Some Fact + Figures

  • Approximately 2million people in the UK are blind or partially sighted
  • Approximately 9million people in the UK are deaf or hard of hearing, but only an approximate 50-70,000 use British Sign Language. Around 123,000 have lost their hearing after learning the spoken language. Approximately 23,000 people are deaf-blind
  • Only an estimated 18% of blind people are totally blind
  • Assisting Dogs work by avoiding obstacles, moving in the straightest line possible
  • Long Cane users use their cane to detect obstacles, often using a building line to detect changes in condition - door openings, corner, kerb etc.
  • An estimated 8million people in the UK have arthritis. Approximately 1million are under 50years of age, and approximately 15,000 are children
  • There are approximately 750,000 wheelchair users in the UK
  • The Point? Accessibility is for ALL - from a blind person to a wheelchair user, to a fully able bodied person carrying a full load of shopping.
  • Accessibility for disabled people is in part about empowerment - we all act differently when we have confidence.
  • Simple and common measures can empower visually disabled people:
    • clear signage - few people enjoy asking for help!
    • signage should have image and text, as visual imparements vary
    • strong icons help orientation and wayfinding
    • tactile maps can be child-friendly too
    • audible way finding
    • consistent good quality light levels
    • Central sight loss reduces clarity of fine detail + colour - strong light can be unbearable
    • Peripheral vision reduces depth perception although limited areas of clear vision occur. Strong light is preferred to increase contrast and depth of field.
    • In design, used diffused and even light levels, using spots if required to emphasise design features, but keeping directed light away from direct vision.
    • Sporadic loss of sight causes problems particularly with glazed areas. Small scale, subtle manifestation can be confused or misinterpreted by the brain, and therefore easily missed. In design, use angular manifestations with good colour contrast levels.
    • Ramps should be designed to current standards, but attention to paving detail is required:
      • Single, anti-slip surface will reduce the perception of a stepped surface. Ensure access to ramp is legible by those who use long canes - they should ideally meet the building external wall.
  • Simple design measures can also empower hearing impared people:
    • Provide clear lighting to allow easy lip-reading
    • Provide space for a BSL interpreter in presentation spaces
    • Reduce distractions around reception desks, etc, where lip-reading may be used
    • Provide quiet areas where discreet communication is required
    • Clear signage
    • If an induction loop is to be installed, make sure its in the correct location
  • BS8300 is undergoing its 5year review
  • Part M requries 30pt contrast, BS8300 currently requires 20pt
  • Project Rainbow gives many more options for colour contrasts, and suggests key locations where contrast is required.
  • New Dulux CD has been produced (and ordered) - new colour fan required for input colour refs.

Useful links

RNIB:

RNID:

National Register of Access Consultants:

16 May 2007

Green Register Seminar – Integrated Design

new-islington.jpg

 Case Study – Urban Splash @ New Islington
  

  • 12 Hectare Site 
  • Part of Millenium Housing Sites 
  • 1970’s Housing Estate dubbed the Worst Estate in Manchester 
  • Assests retatined – 
    • Canal Network 
    • Community Spirit 
  • Collaborative Workshops offered re-housing options to residents 
  • Rebranding of estate 
  • Will Alsop Masterplan, including “the Chips” 
  • Mixed Use, including 
  • 1700 new homes 
  • Variety of Parks – Community Park, Wildlife Island, Orchard, Boardwalk, Beach 
  • Revival of Waterway 
  • Primary School 
  • Primary Care Centre 
  • Small Scale Retail 
  • 180units/hectare 
  • All dwellings to achieve Eco-Homes Excellent 
  • Maximise use of natural sunlight 
  • Use of low embodied energy materials throughout 
  • Combined Heat and Power, future-proofed for bio-fuels 
  • Jobs created for local people within the construction phase
      

Things you might forget, or things you might not know… 

 

  • Integrate design at an early stage – ideally stage A/B, rather than at Stage C/D – consulting Energy Engineers / assessors. Check for Policy changes if the project has been on hold for a while.
      
  • Recent UK Policy changes include PPS1 Addendum –
                Demonstrate how building regulations to be met at planning stage
      
  • Passive Design – 
    • Use the sun’s energy to reduce winter heating requirement 
    • Orientate main façade within 30degrees of south 
    • Avoid overshadowing 
    • Utilise thermal mass to store heat 
    • Minimise glazing to north façade 
    • Add a glazed winter garden to south façade 
    • Incorporating 2-3% Carbon Dioxide emission savings may reduce the “renewables” target – spray taps, smaller baths, energy efficient applicances + lights
  • Remember to design in CHP Spaces into 1st phase of phased construction
    Use Thermal Analysis at scheme design stage to highlight potential overheating + design out prior to planning consent
      
  • Check Planning Policy for correct wording –
    If 10% CO2 saving is required, target electrical – 3.5m2 Solar Thermal panels should achieve target saving
    If 10% Energy saving is required, target Gas – 2.2m2 Solar Thermal panels should achieve target saving
      
  • Code for Sustainable Homes – Water
    Average UK use – 150 litres/person/day
    Typical Spec – 190 l/p/d
                6l Standard WC
                full flow taps
                standard bath – 200l
                shower – 15 l/minute flow
    Level 3 – 105 l/p/d
                Dual Flush 6/4 l WC
                Aerated taps
                Small bath – 150l
                6 litre shower 

Level 5 – 80 l/p/d 

Dual Flush 4/2 l WC 

Aerated taps 

Small bath 

Less than 6litre shower

Rainwater / Greywater harvesting for WC Flush 

 Products
   

  • Pilkington “Optitherm” glazing controls heat loss and solar gain  
  • “Ecoplay” grey water systems will treat + recycle grey water for use in WCs  
  • “Dupont Energain” is a gypsum/paraffin Wax sealed board, which absorbs heat in lightweight construction by altering its state (effectively melts and solidifies) in hot temperatures. More info    
  • Wind Turbines –  
    • Swift (1.5kW, 2.1m diameter), £5250, provides approx 50% electricity needs of a 3bed house  
    • Proven (15kW, 9m diameter), £40,000, provides all electricity needs of 7.5no. 3bed houses      

 

 

22 Feb 2007

Year Zero Brought Forward In Wales

The Welsh Assembly has dramatically upped the sustainability stakes by setting a zero carbon target for all new buildings by 2011 – five years ahead of the UK government’s recently-announced target for zero carbon homes.

Despite reports of scepticism from some quarters, failure would prove a major embarrassment for the assembly, which has made high performance buildings the headlining policy of its emerging climate change strategy.

First of all, the assembly needs to take responsibility for its own Building Regulations, currently set by Whitehall. Environment minister Carwyn Jones says the assembly is in the process of opening discussions with the UK government over devolution of the regulatory framework.

‘Once these regulations are devolved, it will allow us to move further and faster on achieving zero carbon on all new buildings in Wales,’ Jones said.

Architects working in Wales will see the effect of the new policy stance immediately, however. As a first step, the assembly has decided that all new buildings funded by the devolved government must be built to the BREEAM ‘Excellent’ standard, the highest benchmark currently available. This is set to become a core condition of all new projects within six months.

The assembly’s zero carbon ambition is all the more challenging because it applies to all new buildings, not just new homes. The UK government has so far committed to a series of Part L revisions for housing – starting with a 25% improvement in 2010 – but has not given any parallel commitments to offices and workplaces.

[RIBA Practice Bulletin No. 386]

10 Jan 2007

Code for Sustainable Homes

Code for Sustainable Homes signals the future for Building Regulations

At the end of December 2006 the government formally published its long awaited Code for Sustainable Homes (CSH), which becomes effective in April 2007.  This is widely regarded as an important tool for achieving ‘zero carbon’ status in housebuilding, building homes which are both thermally efficient and which generate locally their own low energy requirements (eg using solar panels on the roof). 
The government has made it clear that the Code signposts the direction that future changes to Building Regulations will take.  In other words, the concepts, tools and standards in CSH will be encompassed in future changes to Part L.
The CSH is a voluntary tool for both public and private housing developers.  To access central government funding, however, all public housing will need to achieve at least the minimum rating (1 star).
As we all know, achieving carbon reduction has been one of the government’s top priorities for some time - and it is using three main ‘levers’ to effect change:

Regulation
For example, the April 06 changes in requirements to Part L. 
Tax
The chancellor announced in his pre-Christmas speech that the government’s ambition is to provide a time limited exemption on stamp duty for the vast majority of new zero carbon homes.
Government as a customer
Where government is funding housing developments it can set higher standards of performance than the minimum levels set in regulations.  This is the logic behind the CSH. 

The government also hopes that the Code, with its maximum 6 star rating scheme, will provide a marketing tool for private developers.  Consumers have responded very well to energy rating schemes for electrical white goods and the government hopes that by informing customers of the overall energy ratings of houses it will lead to the same positive changes in spending decisions.

How will the scheme work?

Developers can achieve ratings from one to six stars.  The lowest level, 1 star, demands an improvement on the minimum requirements given in Part L1A, calculated on a ‘points out of 100′ basis across nine categories (see table below).  The higher star ratings naturally require higher point scores.  There is flexibility in how points are achieved, but some performance aspects are compulsory, as the chart below simply summarises.

Categories
Commentary on the flexibility
1 Energy / CO2
2 Water
These 2 areas are considered the most important and are therefore the least flexible.
Minimum levels of performance are set for each star rating.

3 Materials
4 Surface water run-off
5 Waste 
Minimum performance levels are set for 1 star performance only.

6 Pollution
7 Health and well-being
8 Management
9 Ecology 
No minimum standards are set. 

Certification for Code compliance

To gain certification for code compliance there is a four-part process:

1. The developer produces an initial design for appraisal
2. A trained and certified Code Assessor conducts an initial assessment on the design, recommends a sustainability rating and issues an interim Code Certificate.  This is carried out for each house type (but not each dwelling)
3. The assessor performs a post completion check on a sample of the development to verify the rating
4. The assessor produces a final Code Certificate of compliance.

The concept of the Code is a positive move towards improving sustainable housing and should promote the greater use of sustainable materials.  Further details of this will be laid out in a revised Green Guide, scheduled to be ready by this April.  The guide will provide sustainability ratings for generic materials and products with a methodology for appraising specific manufacturer’s products.
 

For full details of the Code - visit this site 

10 Jan 2007

Part B - Fire Safety

 Please find summary below of new Fire Safety regulations which are coming into force April 07 

Approved Document B: Fire Safety

Significant changes to Approved Document B - Fire Safety are due to come into force on April 6th 2007. All applications received after this date need to comply with these new regulatory guidelines although there are a number of relatively minor transitional provisions as follows:
  

Transitional Provisions
Regulations 16B and 17C relate to requirement to provide detailed fire safety information (as required under the Regulatory Reform Act) and Clause 2A allows self-certification of certain works.
 

Regulations 16B and 17C
Where a building notice has been submitted to the local authority; full plans have been submitted (regardless of whether they have been approved); or an initial notice submitted before April 6th 2007, then the requirement to provide detailed fire safety information can be waived regardless of whether the scheme departs from the information deposited.
 

Clause 2A
Works to install heating and hot water service systems started before January 15th 2007 that are in accordance with a building notice, full plans submission or an initial notice are not eligible for the self-certification scheme provisions.
 

Schools
The DCLG states that ‘if BB 100 is not published by 6 April 2007, the relevant provisions of the 2000 edition of Approved Document B (incorporating the 2002 European amendments) will continue to have effect with respect to schools until such time as BB 100 is available. What implications this has for scheme submissions is uncertain.

 

General outline

Approved Document B is now 2 volumes: Volume 1: Domestic and Volume 2: Non-domestic. The draft versions - when combined - are over double the number of pages as the 2002 edition.

  • Volume 1: Dwellinghouses is 80 pages and
  • Volume 2: Buildings other than dwellinghouses is 155 pages

There are major changes in the compliance criteria and greater detail has been included. The new Approved Document B relies more on risk assessment than prescription although it also contains important alterations to:

  • the means of escape;
  • travel distance calculations;
  • the acceptance of ‘alternative means’ (fire engineering), and;
  • a greater responsibility on the building designer (or competent person) to provide detailed information on the maintenance and operation of the building.
     

Some of the changes are as follows:

Volume 1: Dwellinghouses recognises:

  • the use of sprinklers (and other automatic fire suppression systems) in domestic situations, especially in lieu of alternative means of escape in certain circumstances (e.g. the ability to use domestic sprinklers as an alternative to a secondary escape from houses with a storey over 7.5m above ground level);

changes to Schedule 2A - competent person certification schemes

  • that smoke alarms must have standby power sources and in extensions, smoke detection should be placed in circulations spaces
     

Additional information has been provided re:

  • Resolving the conflict between ‘smoke control’ and ‘ventilation systems’;
  • The ‘alternative’ method of compliance (ie, fire engineered approach) for loft spaces has been removed
  • Compartmentation and cavity barriers
  • Instead of the traditional 100mm step between integral garages and dwellinghouses, this can now be achieved with a 100mm sloping floor. NB: Apart from integral garage/dwellinghouses, “fire doors need not be provided with self-closing devices”
  • Fire tenders should be able to access within 45m of all points ‘within’ a dwellinghouse.
     

Volume 2: Non-dwellinghouses, includes much of that detailed above and also other clauses as follows:

  • Includes a new Regulation (16B) that details the requirements of the Regulatory Reform (Fire Safety) Order 2005 (RRO) that came into force in October 2006.
  • Under the RRO, “Fire Certificates” have been done away
  • Employers, building owners and others with responsibility for the premises and its operation must now ensure the safety of everyone who uses their premises including those in the immediate vicinity. The emphasis is now on the ‘responsible person’ to make the premises safe by using ‘preventative measures’.
  • Other than this document, HTM 05 should be used for health care buildings and hospitals; and BB 100 should be used for schools.
     

Volume 2 includes:

  • New calculations on fire escape stairs and escape routes;
  • Specific guidance for disabled users and within tall buildings;
  • Details for the protection of ventilation systems
  • ‘Extensive’ underfloor voids must be protected with cavity barriers
     

Additional requirements include:

  • Fire doors within flats need not be provided with door closers, unless the doors relate to flats designated ‘multiple occupancy’;
  • ‘Open sided’ car parks must be constructed in non-combustible materials;
  • Certain buildings with compartments over 280m2 should have fire hydrants;
  • Buildings exceeding 900m2 with a floor level above 7.5m must have fire fighting shafts
  • Unsprinklered buildings need to provide have fire main outlets within 45m of all parts of every storey over 18m

There is also new guidance on:

  • the provision of sprinklers in tall (30m+) blocks of flats;
  • the provision of sprinklers or free-swing devices in residential care homes;
  • the provision of additional fire mains and the need to consider the impact of building design on fire fighting operations in tall buildings;
  • inclusive design and the means of escape for disabled people; 
  • a maximum compartment size for unsprinklered single storey storage buildings.

NBS is holding a seminar on Part B on 30 January 2007 in London. It is intended to be a forum where we can dissect the documents, explore design implications and examine the implications on professional liability as well as consultative opportunities. Find out more by reading the event summary now

6 Dec 2006

Gordon Brown’s pre-Budget speech promises all new homes will be zero carbon rated within the decade

Chancellor Gordon Brown has said all new homes in the UK will be zero carbon rated within 10 years.
Speaking in his pre-Budget statement, the Chancellor said the target was designed to tackle domestic housing, which is responsible for 30 per cent of all carbon emissions.

He said: ‘Within 10 years all new homes will be zero carbon – we are the first country ever to make this commitment.’

Brown added that zero-carbon homes would be exempt from stamp duty.

He also announced that planning decisions on major infrastructure projects are to be made by an independent planning body.

The Chancellor said the Government will set out proposals in a White Paper in spring 2007, backing Kate Barker’s recommendations for improving the speed, responsiveness and efficiency of planning.

Among other developments, capital spending on education will rise to £10.2 billion a year by 2010.

Brown said: ‘It is right to reach a spending settlement on education through to 2011, to ensure that all 21,000 schools are fit for the 21st-century challenge.

‘In 1997 there was just £1.5 billion spent on education – by 2011 this will rise to £10.2 billion, a cumulative total of £36 billion spent over the next four years.

‘This means 12,000 new or completely refurbished schools, 100 colleges rebuilt and 3,500 new children’s centres across the country.’

Brown, effectively prime minister in waiting, also ruled out the introduction of the planning gain supplement (PGS) before 2009, in documents released at the same time as the statement.

The PGS – a windfall tax on the rise in land value enjoyed by landowners when they gain planning permission – was first mooted by Barker in her first report on housing supply in 2004.

The Treasury documents said: ‘Given the need to allow markets sufficient time to adjust to the new regime, the Government now proposes that a workable and effective PGS would not be introduced earlier than 2009.

‘PGS would be levied at a modest rate across the UK to generate additional revenue for investment in infrastructure at the local and regional levels, while preserving incentives for development to come forward.’

The document adds: ‘The Government now proposes that at least 70 per cent of PGS revenues would be hypothecated for local infrastructure priorities and would be returned to the local authority area in which they were generated.’

From the AJPlus

1 Dec 2006

CDM 2007

 I attended the first of two seminars organised by the Association of Project Safety (APS) in respect of the new CDM 2007 Regulations to come into force in April 2007.  The timescale is as follows:-

17 October 2006            Consideration of the regulatory package by HSC

                                    Update:  The HSC formally approved the draft CDM

                                    Regulatory package for formal proposal to Ministers.

November 2006             Deadline for Ministerial response on new CDM.

January 2007                 ACoP published(date to be advised)

6 April 2007                   Regulations come into force

Interesting items are:

1           The change in Clients duties and the removal of Clients Agents, in recognition of the large influence Clients have on a project, particularly time wise. Note – If Client fails to appoint CDM –Coordinator or Principal Contractor, Client takes on role by default!

2           The Proposed Approved Code of Practice (ACOP) no longer contains any ‘guidance’ material.

3           New phrase introduced to notifiable projects ‘Initial Design Period’ during which it is acceptable for CDM-Co-ordinator not to be appointed.  Period is legally undefined – APS opinion is that this could relate to initial RIBA design stages, say A to C.  Note – On notifiable projects, no designer should commence work, other than ‘initial design’ work unless CDM Co-ordinator has been appointed by the Client.  Reg 18 (1). Remember, Designers Duties apply on all projects regardless of size or status, not just when notifiable.

4           The important duty of advising the Client that CDM Regs. apply to a project and a Client is aware of his duties is still there.  The wording is ensure that the Client is aware of his duties.  I consider this is best achieved by the sending of a letter and advice leaflet at the time of appointment in order that there can be no doubt that we have ensured that the Client is aware of his duties, as per our present procedures.

5           The clarification of designers risk assessments as ‘project specific and concentrating on significant risks not obvious to those who use the design’.  However, APS point out that this appears to be at odds with the CDM Regulations.  My view is that we should, as designers, be aware of all risks, as recorded in our generic risk assessments, and only highlight the significant non-obvious to avoid excessive paperwork which is likely to be ignored.

6           Definition of design now includes calculations for design, and workplaces to be designed to comply with the Workplace (Health, Safety and Welfare) Regulations.

7           Competence – note definition and assess yourself against this in Appendix A of the ACOP.

I will send an email advising where this latest information can be viewed on our system.

                 

1 Dec 2006

HealthCare Estates: Conference and Exhibition. #1 A simple Cure - Improving access to NHS services for Deaf and Hard of Hearing people.

[Synopsis of RNID speaker Mr Simon Robinsons lecture]

Access to healthcare is a key right for all people. RNID’s concern is that the NHS is not ensuring comprehensive access for all deaf people. The focus was on two main issues:

Why you need to ensure accessible healthcare and the simple but effective ways that NHS organisations meet the needs of deaf and hard of hearing people.

Key points where:

  • Lack of comprehensive accessibility to many NHS organisations, even newly built hospitals. 9 million people in the UK are deaf or hard of hearing, that’s 1 in 7 of the population.
  • This has serious consequences for you and for the safety of your patients.
  • If you are not meeting your obligations under the Disability Discrimination Act (see notes at bottom), you run the risk of litigation (including clinical negligence claims) and bad publicity.
  • You need to do something about this now. However, although you should be concerned, you should not be scared. You can make a number of simple adjustments to ensure that deaf and hard of hearing people receive an equal service.

The presentation drew on RNID’s report: A Simple Cure (2004) which estimates that the healthcare services failing to meet the needs of deaf and hard of hearing people, has costs the NHS £20m every year.

This lecture focused on the new Disability Equality Duty. Where as the DDA can only be used after the (discrimination) event. The DED is pre-emptive and intends to tackle institutional discrimintion.

This was mainly focused on the specific needs of Deaf people and asks us as designers to look at the needs of deaf people. less in a simple “put a hearing loop in.” as the DDA asks to look at others needs beyond “put a ramp in!”.

A usefull amount of information can be found at the RNID site, and courses are available at: www.dotheduty.co.uk

21 Nov 2006

Part B publication faces major delay

The final publication of the new Part B of the Building Regulations, which relates to fire safety in buildings, is expected to be severely delayed.
It is understood that there is every likelihood that the final version of the document will not see the light of day before February 2007 at the earliest.

This would leave architects and engineers in a state of disarray, as it would give them only weeks to prepare for the strict new regulations to come into force.

The final Part B document is being widely trailed by government mandarins as a serious increase in the already stringent rules.

The potential for yet more delays to Part B leaves open the possibility of a repeat of the Part L debacle of earlier this year.

The rush to publish Part L meant that the final document – which was available just days before it became law – was littered with mistakes and a costly reprint had to be ordered (Error-ridden Part L published ).

1 Nov 2006

Stair design for health centres

Minimum standard is for staircase design in a Health Centre. ( Category 5 Assembly and Recreation )

Approved Documents B, K and M along with BS5395 form the basis of this confusion.

We have today received clarification from Kevin Johnson at Redcar and Cleveland that Approved document M takes precedence and that the criteria to adopt should be as follows: -

1200mm min wide tread width (measured from face of plaster to the edge of the flight - (not the wall stringer skirting )

Suggest the minimum gap between flights where they return on themselves be no less that 200mm ( not covered by Building Regulations just seen as good practice particularly when balusters are palm fixed )

1000mm min between handrails - whether palm or to top of tread fixed

Rise between 150 and 170mm

Tread length min 250mm

Landing length min 1200mm or same as the width of the flight where greater

Maximum number of risers in a flight before a landing becomes necessary - 12no.

Wheel chair refuges, (1400×900mm) are required at upper floors and even at a ground floor level where additional risers are required to reach a lowered external ground level where not served by a ramp.

Handrails 900mm above pitch

1100mm above intermediate and top landings

Hand rails to terminate 300mm from the top and bottom rise

And finally and again good building practice, often neglected in scheme design is that the last rise of a lower flight should be a full tread length before the first riser of the returning flight - just makes for a better hand rail design.

Whilst the information was meant to be definitive, some Building Control officers still may require a main stair ( accommodation ) to be 280mm as identified in AD K. This document is apparently in the process of being re-written and hopefully the matter will be further clarified when it is re- issued April 2007. Clearly if in doubt check with the relevant local Building Control Department.

 

30 Oct 2006

Last Days Of The Planning Supervisor

They have been four years in the writing, but the draft revised CDM regulations have finally been approved by the Health and Safety Commission. The Approved Code of Practice (ACoP) is expected to be issued in the new year ahead of introduction on 6 April, when it will be goodbye Planning Supervisor and hello to the CDM Co-ordinator.

Presented as a single package, the new regulations combine CDM regulations, ACoP and the Construction (Health, Safety and Welfare) Regulations in a bid to unify the construction health and safety regime. The commission reports that most of the proposed changes have been welcomed by the industry, although the door has been left open for comments on the few remaining contentious issues.

No new duties are imposed on clients, the Commission stressed this week. Rather, the new rules make explicit what clients should already be doing under existing legislation.

There are new duties for designers, however. The regulations make clear that designers have a duty to eliminate hazards and reduce remaining risks, so far as is reasonably practicable. Secondly, there is a new duty to ensure that any workplace they design complies with the relevant sections of the Workplace (Health, Safety and Welfare) Regulations 1992.

And there is the imminent demise of the Planning Supervisor, who will be replaced by the CDM Co-ordinator. This new duty holder will provide the client with advice, co-ordinate the planning and design phase and prepare the health and safety file. Again, the Commission says that issues surrounding the role of this new figure have largely been resolved.

Changes in the client role are described as ‘enhanced’ rather than new, reflecting the fact that the new rules make existing requirements more explicit. There will be a primary duty to ensure that arrangements made by other duty holders are in place and sufficient, and clients must instruct any contractors they appoint how much time they have allowed for the planning and preparation of construction work.

Formal provision allowing the appointment of Client’s Agent and transfer of CDM liability is removed from the draft regulations - one area that the Commission says remains contentious.

Domestic clients’ duties are unchanged (the above changes do not apply) and there is little substantial change for primary and other contractors, other than a duty to tell those they appoint how much time they have allowed for health and safety planning and preparation before work commences.

A summary paper is at http://www.hse.gov.uk/aboutus/hsc/meetings/index.htm and new, simplified guidance aimed at clients and SMEs is in the pipeline.

17 Oct 2006

Corporation gets in first with planning tool

While the debate about the merits of the Planning Gain Supplement (PGS) versus the ‘roof tax’ rumbles on, the Housing Corporation has launched a new toolkit aimed at negotiating Section 106 agreements, which remain one of the key mechanisms for delivering affordable housing.

The new assessment system, known as the Economic Appraisal Tool, is designed to help all sides reach agreement more quickly, both on the level of finance that should be offered by developers and the amount of social housing grant required to make developments viable and sustainable.

The toolkit was commissioned by the Corporation from property agents GVA Grimley and Bespoke Property Group with an eye on Kate Barker’s forthcoming Review of Land Use Planning and the Treasury’s decision on whether to press ahead with its plans for PGS.

Launching the toolkit, the Corporation’s deputy chief executive, Steve Douglas, said that applying the new appraisal approach would also help the Corporation to better measure the value of its investments on Section 106 sites.

The Economic Appraisal Tool consists of an Excel spreadsheet model and a user manual, both available to download at http://www.housingcorp.gov.uk/eat