BS-5228-2-1997.pdf

| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | BRITISH STANDARD BS 5228 : Part 2 : 1997 ICS 17.140.20; 17.160; 91.200 NO COPYING WITHOUT BSI PERMISSION EXCEPT AS PERMITTED BY COPYRIGHT LAW Noise and vibration control on construction and open sites Part 2. Guide to noise and vibration control legislation for construction and demolition including road construction and maintenance Licensed Copy: sheffieldun sheffieldun, na, Fri Dec 01 14:25:27 GMT+00:00 2006, Uncontrolled Copy, (c) BSI BS 5228 : Part 2 : 1997 This British Standard, having been prepared under the direction of the Sector Board for Building and Civil Engineering, was published under the authority of the Standards Board and comes into effect on 15 May 1997 BSI 1997 First published as BS 5228 May 1975 First published as BS 5228 : Part 2 May 1984 Second edition May 1997 The following BSI references relate to the work on this standard: Committee reference B/209/17 Draft for comment 96/101065 DC ISBN 0 580 26866 7 Amendments issued since publication Amd. No.DateText affected Committees responsible for this British Standard The preparation of this British Standard was entrusted by Technical Committee B/209, General building codes, to Subcommittee B/209/17, Noise control on open sites, upon which the following bodies were represented: Association of Consulting Engineers British Aggregate Construction Materials Industries British Coal Corporation British Compressed Air Society Building Employers' Confederation Chartered Institute of Environmental Health Concrete Society Construction Health and Safety Group Construction Plant-Hire Association Department of the Environment (Building Research Establishment) Department of the Environment (Pollution Control and Waste Directorate) Federation of Civil Engineering Contractors Federation of Dredging Contractors Federation of Piling Specialists Institution of Civil Engineers Sand and Gravel Association Limited Licensed Copy: sheffieldun sheffieldun, na, Fri Dec 01 14:25:27 GMT+00:00 2006, Uncontrolled Copy, (c) BSI BS 5228 : Part 2 : 1997 BSI 1997i Contents Page Committees responsibleInside front cover Forewordii Guide Introduction1 1Scope1 2References1 3Definitions1 4Legislative background1 5Guidance notes on legislation2 6Noise control targets5 Annex A(informative) Bibliography6 Figure 1Procedures to control construction noise and/or vibration under the Control of Pollution Act 19744 List of references7 Licensed Copy: sheffieldun sheffieldun, na, Fri Dec 01 14:25:27 GMT+00:00 2006, Uncontrolled Copy, (c) BSI ii BSI 1997 BS 5228 : Part 2 : 1997 1)In preparation. Foreword This Part of BS 5228 has been prepared by Subcommittee B/209/17 and covers the control of noise and vibration from construction and demolition sites. It supersedes BS 5228 : Part 2 : 1984, which is withdrawn. BS 5228 refers to the need for the protection of persons living and working in the vicinity of such sites and those working on the sites, from noise and vibration. It recommends procedures for noise and vibration control in respect of construction and demolition operations and aims to assist architects, contractors and site operatives, designers, developers, engineers and local authority environmental health officers and planners, regarding the control of noise and vibration. Noise and vibration can cause disturbance to processes and activities in neighbouring buildings, and in certain extreme circumstances, vibration can cause or contribute to building damage. Noise and vibration can be the cause of serious disturbance and inconvenience to anyone exposed to it and in certain circumstances noise and vibration can be a hazard to health. The Environmental Protection Act 1990 1 in England and Wales (and Scotland by virtue of the Environment Act 1995 2) contains provisions for the abatement of nuisances caused by noise and vibration. The provisions of the Environmental Protection Act 1990 are extended to vehicles, machinery and equipment in streets by the Noise and Statutory Nuisance Act 1993 3, the Control of Pollution Act 1974 4 in England, Wales and Scotland, and the Pollution Control and Local Government (Northern Ireland) Order 1978 5 in Northern Ireland. The 1974 and 1990 Acts (sections 73(1) and 79(7), respectively) and the 1978 Order (Article 53(1) define noise' as including vibration'. It should be noted that BS 6472 covers the human response to vibration in structures and BS 7385 : Part 1 covers the measurement and evaluation of structural vibration. BS 7385 : Part 2 contains guidance on damage levels from groundborne vibration. NOTE. An item dealing with the vibratory loading of structures is being processed within ISO/TC 98/SC/2, Safety of structures. This is being monitored by BSI. BS 5228 consists of the following Parts: Part 1Code of practice for basic information and procedures for noise and vibration control Part 2Guide to noise and vibration control legislation for construction and demolition, including road construction and maintenance Part 3Code of practice applicable to surface coal extraction by opencast methods Part 4Code of practice for noise and vibration control applicable to piling operations Part 5Code of practice applicable to surface mineral extraction excluding coal1) BS 5228 : Part 1 is common to all the types of work covered by this and the other Parts of BS 5228, which should be read in conjunction with Part 1. Other Parts will be published in due course as and when required by industry. Licensed Copy: sheffieldun sheffieldun, na, Fri Dec 01 14:25:27 GMT+00:00 2006, Uncontrolled Copy, (c) BSI BSI 1997iii BS 5228 : Part 2 : 1997 Attention is drawn to the Control of Pollution Act 1974 4 (Part III(Noise), the Environmental Protection Act 1990 1(Part III (Statutory Nuisances and Clean Air), the Noise and Statutory Nuisance Act 1993 3, the Health and Safety at Work etc. Act 1974 6 (in Northern Ireland, the Pollution Control and Local Government (Northern Ireland) Order 1978 5 and the Health and Safety at Work (Northern Ireland) Order 1978 7), and to the Noise at Work Regulations, 1989 SI 1790 8 and the Noise at Work Regulations (Northern Ireland), 1990 Statutory Rules 147 9. Compliance with a British Standard does not of itself confer immunity from legal obligations. Summary of pages This document comprises a front cover, an inside front cover, pages i to iv, pages 1 to 8, an inside back cover and a back cover. Licensed Copy: sheffieldun sheffieldun, na, Fri Dec 01 14:25:27 GMT+00:00 2006, Uncontrolled Copy, (c) BSI ivblank Licensed Copy: sheffieldun sheffieldun, na, Fri Dec 01 14:25:27 GMT+00:00 2006, Uncontrolled Copy, (c) BSI BSI 19971 BS 5228 : Part 2 : 1997 2)In preparation. Guide Introduction Construction and demolition works can pose different problems of noise and vibration control compared with most other types of industrial activity for the following reasons: ± they are mainly carried out in the open; ± they are of temporary duration although they can cause great disturbance while they last; ± the noise they make arises from many different activities and kinds of plant and its intensity and character can vary greatly at different phases of the work; ± the sites cannot be excluded by planning control, as factories can, from areas that are sensitive to noise. If a site upon which construction or demolition work will be carried out involves an existing operational railway, special features which are significant in relation to noise and vibration control have to be taken into account. Advice should be sought in such cases from the appropriate railway authorities. Much of the noise and vibration from construction and demolition sites is generated by machinery. Increased mechanization has brought about the use of more powerful and potentially noisier machines. It is now widely recognized that the noise and vibration levels so generated are unacceptable in many instances and that reductions are necessary for the benefit of both the industry and the public. NOTE. A number of European Commission (EC) Directives already exist which deal with noise from particular sources, for example, several categories of construction plant and equipment. 1 Scope This Part of BS 5228 gives guidance on the legislation covering construction and demolition, including road construction and maintenance. This Part of BS 5228 should be read in conjunction with BS 5228 : Part 1. Guidance on the legislation covering open sites, as defined in BS 5228 : Part 1, is given in BS 5228 : Parts 3 and 52) 2 References 2.1 Normative reference This Part of BS 5228 incorporates, by dated or undated reference, provisions from other publications. These normative references are made at the appropriate places in the text and the cited publications are listed on the inside back cover. For dated references, only the edition cited applies; any subsequent amendments to or revisions of the cited publications apply to this Part of BS 5228 only when incorporated in the amendment by reference or revision. For undated references, the latest edition of the cited publication applies, together with any amendments. 2.2 Informative references This Part of BS 5228 refers to other publications that provide information or guidance. Editions of these publications current at the time of issue of this standard are listed on the inside back cover, but reference should be made to the latest editions. 3 Definitions For the purposes of this Part of BS 5228, the definitions given in BS 5228 : Part 1 apply. NOTE. The use of the word construction' in this Part of BS 5228 includes demolition and maintenance, as defined in section 60(1) of the Control of Pollution Act 1974 4. 4 Legislative background Attention is drawn to the following Acts, Regulations and Orders, which were current at the date of publication of this Part of BS 5228. Control of Pollution Act 1974 4 Environmental Protection Act 1990 1 Health and Safety at Work, etc. Act 1974 6 Health and Safety at Work (Northern Ireland) Order 1978 7 Land Compensation Act 1973 10 Land Compensation (Scotland) Act 1973 11 (in Northern Ireland, the Land Acquisition and Compensation (Northern Ireland) Order 1973 12) Noise and Statutory Nuisance Act 1993 3 Noise at Work Regulations 1989 8 Noise at Work Regulations (Northern Ireland) 1990 9 Noise Insulation Regulations 1975 13 (in Scotland, the Noise Insulation (Scotland) Regulations 1975 14; in Northern Ireland, the Noise Insulation (Northern Ireland) Regulations 1995 15) Noise Insulation (Amendment) Regulations 1988 16 Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1995 17 Pollution Control and Local Government (Northern Ireland) Order 1978 5 Licensed Copy: sheffieldun sheffieldun, na, Fri Dec 01 14:25:27 GMT+00:00 2006, Uncontrolled Copy, (c) BSI 2 BSI 1997 BS 5228 : Part 2 : 1997 5 Guidance notes on legislation NOTE. The information on procedures contained in this clause is for guidance purposes only and attention is drawn to the relevant Acts. 5.1 Control of Pollution Act 1974 and Environmental Protection Act 1990 The Control of Pollution Act 1974 4 and the Environmental Protection Act 1990 1 give local authorities powers for controlling noise and vibration from construction sites and other similar works. These powers may be exercised either before works start or after they have started. In Northern Ireland, similar provision is made in the Pollution Control and Local Government (Northern Ireland) Order 1978 5. Contractors, or persons arranging for works to be carried out, also have the opportunity to take the initiative and ask local authorities to make their noise and vibration control requirements known under the 1974 Act. Because of an emphasis upon answering noise and vibration questions before work starts, implications exist for traditional tender and contract procedures (see 5.4). 5.2 Notice under section 60 of the Control of Pollution Act 1974 Section 60 of the Control of Pollution Act 1974 4 enables a local authority, in whose area work is going to be carried out, or is being carried out, to serve a notice of its requirements for the control of site noise on the person who appears to the local authority to be carrying out the works and on such other persons appearing to the local authority to be responsible for, or to have control over, the carrying out of the works. This notice can perform the following. a) Specify the plant or machinery that is or is not to be used. However, before specifying any particular methods or plant or machinery a local authority has to consider the desirability, in the interests of the recipient of the notice in question, of specifying other methods or plant or machinery that will be substantially as effective in minimizing noise and vibration and that will be more acceptable to the recipient. b) Specify the hours during which the construction work can be carried out. c) Specify the level of noise and vibration that can be emitted from the premises in question or at any specified point on those premises or that can be emitted during the specified hours. d) Provide for any change of circumstances. An example of such a provision might be that if ground conditions change and do not allow the present method of working to be continued then alternative methods of working should be discussed with the local authority. In serving such a notice, a local authority takes account of the following. a) The relevant provisions of any code of practice issued and/or approved under Part III of the Control of Pollution Act 1974. b) The need for ensuring that the best practicable means are employed to minimize noise and vibration. Best practicable means' recognizes that there are technical and financial limits on action which may reasonably be required to abate a nuisance. c) Other methods, plant or machinery that might be equally effective in minimizing noise and vibration, and be more acceptable to the recipient of the notice. d) The need to protect people in the neighbourhood of the site from the effects of noise and vibration. A person served with such a notice can appeal to a magistrates court or, in Scotland, a Sheriff or, in Northern Ireland, a Court of Summary Jurisdiction, within 21 days from the date of serving of the notice. Normally the notice is not suspended pending an appeal unless it requires some expenditure on works and/or the noise or vibration in question arises or would arise in the course of the performance of a duty imposed by law on the appellant. The regulations governing appeals (the Control of Noise (Appeals) Regulations 1975 18, the Statutory Nuisance (Appeals) Regulations 1990 19 as amended; in Northern Ireland, the Control