Part 13 - Construction And Scaffolding

Explanatory note: This part of the Bylaw deals with scaffolding, gantries, hoarding or barricades on or over public places, protection for the public, repairing and removing verandas and opening up a street or footpath. There is also a section dealing with construction impact plans.

13.1 Specific definitions

These definitions apply specifically to this part of the Bylaw, in addition to the general definitions in Part 1: General Provisions:

Construction impact plan - a plan setting out the ways that you are to avoid, remedy or mitigate all of the adverse effects of your construction work on the construction site, the public places next to the construction site, and any other adjacent property.
 
Construction site - the land where the construction work is being, or will be, undertaken.
 
Construction work - any work in connection with the construction, erection, installation, repair, maintenance, cleaning, painting, renewal, alteration, dismantling, excavation or demolition of any building or structure – whether or not that work is carried out on a public place. It includes putting up scaffolding, plumbing and drainage work and work on underground utilities (including water, sewage, power and telephone).
 
Veranda - an awning, porch, portico or covering intended to provide shade or shelter over a public footpath or part of a road, and any supports other than the building which it is attached to.

13.2 Construction work

13.2.1 You must not, without our written consent, do any of the following things in, on or over a public place or any part of a public place: 

(a) put up a scaffold, gantry, hoarding or barricade; 

(b) place any building material or building rubbish; 

(c) excavate or disturb the surface; 

(d) prepare building materials; or 

(e) place, put up or use any stationary engine, concrete mixer, air compressor, crane, hoist or other machinery.

13.2.2 If you wish to put up, demolish, or alter, add to, repair, plaster, paint, or clean any external part of a building next to a public place, before you begin work you must either: 

(a) put up a fence or hoarding that shuts off and keeps traffic and/or pedestrians safe while they pass along the public place; or 

(b) obtain a certificate from us dispensing with a fence or hoarding. 

13.3 Documents
 
All drawings, calculations and other data submitted to us must be signed by the architect, engineer or person who produced them or must otherwise identify that person, or that person's firm or organisation. 
 
13.4 Granting consents 

13.4.1 We may grant consent under clause 13.2 subject to any conditions necessary to: 

(a) keep the public safe; and 

(b) protect the street or public property.

13.4.2 We may require you to take out insurance under a public liability policy for: 

(a) injury to people; or 

(b) damage to property; 

arising out of the work involved.

13.4.3 Any consent we grant will be for a certain period of time, specified in the consent, which we consider necessary for the work to be undertaken. If you are unable to complete the work in the time specified in the consent, you must apply to renew the consent. 

13.4.4 We may by publicly notified resolution set a fee for granting a consent under this part of the Bylaw, which you must pay to us before you collect the consent.

13.4.5 Granting a consent under this part of the Bylaw does not relieve you from any responsibility for:  

(a) accident or injury to people or property, or from compliance with the Building Act 1991; or 

(b) providing safeguards to protect users of any public place from danger due to any excavation or obstruction in a public place.

13.4.6 If you are doing work that requires a building consent, you must apply for consent to erect the scaffolding, gantry, hoarding or barricade at the same time as you lodge your building consent application.
 
13.5 Deposits for damage

13.5.1 We may fix a sum for a deposit to be paid to us. This deposit will be held as security for fixing any damage that you may cause to the public place or any property while carrying out building work.

13.5.2 If you damage a road or public place, we may serve notice on you requiring you to repair the damage and specifying the work that needs to be done. 

13.5.3 If you do not carry out the reinstatement within the time given in the notice, we may carry out the work on your behalf; and 

(a) recover the cost of doing the work from you under the Local Government Act 1974; or 

(b) deduct the cost of the work from the sum deposited by you.

13.5.4 When the work has been substantially completed, you may apply to us for a refund of the deposit, and on receiving the application, we may:  

(a) keep part or all of the deposit if there has been damage to the public place during building work; or 

(b) refund you the deposit if we are satisfied that there is no likelihood of further damage. 

13.6 Work to protect the public

13.6.1 If you are doing any work on a building which is adjacent to a public place, you must take all necessary steps to ensure the safety of people using the public place.

13.6.2 We may serve notice on you requiring you to take action to ensure the safety of pedestrians using the public place, and specifying the work that needs to be done within a particular time.
 
13.7 Scaffolding, gantries and hoardings  

13.7.1 If you want to put up scaffolding over any road, you must advise any affected utility operators (electricity or telephone) if there is likely to be any interference or if any alteration or adjustment is required and comply with their requirements. 

13.7.2 If any scaffolding is supported on a veranda, you must provide us with: 

(a) full details of the loading and distribution of loads; and 

(b) all available information regarding the veranda.  

We may require you to provide additional support because of the added load of the scaffolding on the veranda, to our satisfaction. 

13.7.3 We may require you to form a gantry over a footpath before putting up any scaffolding if we think it is necessary to protect the public. The gantry must: 

(a) allow pedestrians to pass beneath it;  

(b) be constructed to our satisfaction; and 

(c) be constructed in a manner that prevents tools, dust, rubbish, or water falling on pedestrians, vehicular traffic, and adjoining properties.

13.7.4 If you receive a consent from us to erect scaffolding, you must keep the road or public place underneath the scaffolding clean at all times.

13.7.5 If a gantry is not required over the footpath, the lower stage of the scaffolding must be close–boarded, extending to a line with the outside edge of the kerb. 

13.7.6 You must not deposit any material under any scaffolding on any part of a road.

13.7.7 We may require you to construct a boarded platform outside the scaffold, gantry or hoarding. The boarded platform must: 

(a) be at least 1 metre wide; and 

(b) have stout post rails and wheel kerbs on the outside of it; and

(c) be constructed outside the scaffold or enclosure.

13.7.8 If stormwater channels are covered over, you must make sure they are not obstructed.

13.7.9 The following further requirements apply to any hoarding, scaffolding or railing which you put up: 

(a) if it encroaches onto any road you must paint, mark or illuminate it so that it is clearly visible at all times; 

(b) you must not enclose fire hydrants in a way that would prevent them being easily accessible for use at all times;  

(c) you must provide access to all underground services within the enclosed road area at all times;  

(d) you must not enclose street lamps without our permission, and if we give permission, you must put up a temporary lamp or lamps outside the scaffold so that the public way is properly lighted;  

(e) you must not transfer a consent to another person without our written consent; and  

(f) you must not display any advertising matter of any description on any scaffolding, gantry or hoarding unless we have granted a licence for that material. However, you may erect a signboard of an approved size displaying information relevant to the building and the names of people or organisations connected with the design or construction of the building. 

13.8 Repair and removal of verandas
 
13.8.1 If you own a building which has a veranda, you must maintain the veranda and keep it in good repair to our satisfaction.

13.8.2 You must not repair any veranda or other projection over a public place unless you have provided: 

(a) scaffolding; or 

(b) any other safeguards required to prevent any tools or materials from falling on the public place.

13.8.3 We may pass a resolution revoking a consent to build a veranda if we consider that the safety or interests of the public require the removal of the veranda. 

13.8.4 We may serve notice on you requiring you to remove the veranda from the building within a time specified in the notice. If you do not remove the veranda within that time, we may: 

(a) carry out the work at your expense and enter the building to remove the veranda; and 

(b) recover the cost of doing the work from you under the Local Government Act 1974.

13.8.5 If you do not comply with our notice and we remove the veranda, we will not be liable: 

(a) for any work needed after the removal of the veranda;  

(b) for any damage caused by the removal; or 

(c) to pay any compensation for revoking the consent or removing the veranda. 

13.9 Opening up a road

13.9.1 You may not open up any road unless you have first obtained consent from us. 

13.9.2 Before opening up the road, you must check whether there are any services located under the road and, if so, their likely location. 

13.9.3 When opening up a road, you must take all necessary steps to avoid damage to any services. 

13.9.4 When you have finished the work under the road, you must reinstate the road to the condition it was in before the work started. 

Construction Impact Plans
 
13.10 Submitting a construction impact plan

13.10.1 You must submit a construction impact plan to the Council if: 

(a) you wish to undertake any construction work; and 

(b) the value of the construction work exceeds the level set out in appendix A.

13.10.2 You must not begin construction work until we have approved your construction impact plan.

13.10.3 If you want to amend a construction impact plan, you must apply to an authorised officer. The officer will process the requested amendment as if the application was for a new construction impact plan.
 
13.11 Approval of a construction impact plan

13.11.1 We will not approve a construction impact plan unless: 

(a) we are satisfied that the matters listed in Table 1, and any other adverse effects of the construction work, have been adequately addressed to our satisfaction, having particular regard to the assessment criteria in Table 1; 

(b) you have paid all fees, charges, deposits, and bonds for: 

(i)  the approval of the construction impact plan; 

(ii) the estimated cost of monitoring compliance with the construction impact plan and any other part of the Bylaw; 

(iii) the use of any public place in the course of construction work; 

(iv) the alteration and reinstatement of road markings, traffic signs and parking restrictions; and 

(v) the removal and/or replacement of any street furniture, utility services and trees on any public place. 

(c) the construction impact plan is consistent with the conditions of any resource consent we granted for the use of the property.

13.11.2 Subject to clause 13.11.3 below, we must approve or decline your construction impact plan within 10 working days from the time that we receive it.

13.11.3 We may advise you in writing that we have put the processing of the construction impact plan on hold until: 

(a) we receive adequate information necessary to address all of the relevant matters in Table 1; or 

(b) we receive further information to show how any adverse effects of the construction work will be avoided or mitigated. 

13.12 Compliance with a construction impact plan

13.12.1 You must carry out all of the work detailed in the approved construction impact plan.

13.12.2 The owner of a construction site is responsible for complying with the terms and conditions of the approved construction impact plan. 

13.12.3 If you do not comply with the requirements of a construction impact plan we may: 

(a) serve you with a notice requiring you to repair any damage to a public place and specifying the work that needs to be done. If you do not repair the damage or remove the obstruction within the time given in the notice, we may carry out the work on your behalf, and recover the cost of doing the work from you under the Local Government Act 1974; and/or 

(b) cancel any approval or consent given by us allowing you to use the public place to erect scaffolding or store materials or otherwise use it while undertaking construction work.

13.12.4 If you do not comply with the construction impact plan, you must pay any additional monitoring and administration costs incurred by us.

Table 1: Construction Impact Plan

Appendix A - Values of work for which Construction Impact Plans will be required.

• Any service connection work on a public place which is associated with construction work. 
• Any demolition, construction, or excavation work of a value greater than $20,000. 
• Any construction work other than demolition or excavation with a value greater than $500,000. 
• Any construction work where the owner intends to use or has sought approval to use any public place outside the construction site.