Owen Brown Construct Temporary frame buildings for typically hospitality events. If this involves interior exhibition fittings by others and makes the project run over 30 days, do we have to comply with CDM?
The question above was originally posed via our Ask A Guru feature and this response from 2004 was by either Dave Carr or Michael Stokes.
In attempting to answer your question we have assumed that the frame building is similar to a tent and would not remain erected in a single location for a significant period of time. If this is not the case, the following scenario may not apply.
The guidance to the new ACoP & Guidance 'HSG224, Managing Health and Safety in Construction', which came into force on 1st February 2002, states the following in para 27: - Putting up and taking down marquees and similar tents designed to be re-erected at various locations is not construction work and therefore CDM would not apply to this work.
Positioning and removal of lightweight partitions, such as those used to divide open-plan offices or to create exhibition stands and displays is not construction and CDM would not apply. This would mean that CDM would not be applied to the erection of a temporary structure for hospitality or exhibition purposes, if it was similar in design to a marquee or tent.
If the erection, etc of this temporary structure could be described as construction, then the whole works would have CDM applied to it, including the installation of interior exhibition fittings, if the erection and fitting-out would: - take longer than 30 working days or shifts, or involve 5 or more persons doing construction activities at any time during the erection and fitting-out. Of course, the designers of the temporary structure and exhibition fittings would still have to perform their designs so that the risks to the health and safety of the erectors, fitters, maintenance personnel, cleaners and any other persons affected by this design and work are eliminated or reduced so far as is reasonably practicable. This is required under: - The Health and Safety at Work, Etc Act 1974, Section 6, if the work was decided not to be construction, or The Construction (Design and Management) Regulations 1994 (amended 2000), Regulation 13, if the work was decided as being construction. The general advice to people who are organising work, where it is not clear as to whether CDM applies or not, is to apply CDM, as this would provide the necessary controls and management systems to keep people safe and healthy and comply with health and safety law, not just the CDM Regulations. If CDM does not apply, other health and safety law still does apply, particularly the Management of Health and Safety at Work Regulations 1999.
Tent is 40' x 80' conditioned space with adequate exits, emergency lights and signage.
Village issues permit in accordance with 2009 IBC/IFC allowing 180 day use.
Hotel wants to use tent for 180 days every year (summer season). Now claims annual removal/set-up is "cost prohibitive" and would like to leave tent up year round. The following is their proposal;
- All interior decorations, tables, chairs will be removed.
- HVAC will be turned off*
- Space will not be occupied/used/open to public at any time outside of permitted timeframe
* Heat may be run after snow accumulation to clear roof.
Asking for opinions on whether this proposal meets the intent of a temporary structure in accordance with IBC, IFC and 2000 NFPA-101
The new CDM 2015 Regs redefine a structure as
(a) any building, timber, masonry, metal or reinforced concrete structure,
railway line or siding, tramway line, dock, harbour, inland navigation,
tunnel, shaft, bridge, viaduct, waterworks, reservoir, pipe or pipeline,
cable, aqueduct, sewer, sewage works, gasholder, road, airfield, sea
defence works, river works, drainage works, earthworks, lagoon, dam,
wall, caisson, mast, tower, pylon, underground tank, earth retaining
structure or structure designed to preserve or alter any natural feature,
and fixed plant;
(b) any structure similar to anything specified in paragraph (a);
(c) any formwork, falsework, scaffold or other structure designed or used to
provide support or means of access during construction work,
This does not exclude temporary buildings though under the 2007 regs Marquees were specifically excluded.
I am aware that the Industry body that covers this industry has been in conversation with the HSE about this for many years as they were in breach of the legislation as written.
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