Construction Management Site (Amendment) Regulations, 2023

L.N. 142 of 2023

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Construction Management Site (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 17(2) of the

Building and Construction Authority Act, the Minister responsible for

the construction industry after consultation with the Building and

Construction Authority Board, has made the following regulations

(1) The title of these regulations is the Construction Citation and

Management Site (Amendment) Regulations, 2023 and these commencement.

regulations shall be read and construed as one with the Construction S.L. 623.08.

Management Site Regulations, hereinafter referred to as "the principal

regulations".

(2) These regulations shall come into force within two (2)

months from their publication in the Gazette.

In the English version only the words "public way", General

wherever they occur, shall be substituted by the words "public amendment

the principal

passage".

regulations.

The Second Schedule to the principal regulations shall be Amends the

Second

amended as follows

Schedule to the

principal

regulation.

(a) item 6 thereof shall be substituted by the following

new item

" Barricades.

The client shall erect timber or metal

barricades or bricks or similar material barricades,

bound together by cement based mortar when

surrounding an excavated site in such a way to block

the entrance and prevent access to unauthorised

persons and that

(a) the barricades shall be constructed

to withstand any external impact and of a

height of not less than two (2) metres between

the site and the public passage or block

completely the open sides of a construction site

and this to safeguard the public and third party

moveable or immovable property;

(b) the barricades shall have smooth

surfaces on the sides facing the public passage

and shall be without openings, except those

required for authorised access;

(c) access openings through the

barricades shall be kept closed at all times with

gates, and closed and locked with gates when

there is no one on site, and shall be maintained

in place until completion of the works to the

satisfaction of the Authority. Such gates shall

be designed in such a manner that prevents

public access, especially children;

(d) all access gates into the site used by

machinery should have warning lights lit up

during entry and exit of such machinery or

banksmen to warn motorists or the general

public during passage of machinery."; and

(b) item 7 thereof shall be substituted by the following

new item

The client shall ensure a safe passage past

the site. When the works necessitate the obstruction

of the pedestrian pavement, and this is approved by

the Local Council, a temporary pedestrian pavement

shall be provided which shall not be obstructed at any

time

Provided that in the case where a

temporary pedestrian pavement cannot be

constructed, the Authority for Transport in Malta

shall provide direction to the client on how to make a

safe passage past the site.".

4. The Ninth Schedule to the principal regulations shall be Substitutes the

Ninth Schedule

substituted by the following new Schedule

to the principal

regulations.

"NINTH SCHEDULE

(Part IV - Enforcement)

Breaches

Minimum

Maximum

Continued

Administrative Administrative

Breaches

Penalty (€)

Penalty (€)

(€ per day)

Missing Notice Board

or missing or incomplete

information

Cutting of stones and

bricks not as authorised

Transport, deposit and

storing of screed sand not as

authorised

Obstruction

of

pavements and easy flow of

traffic in the vicinity of the

site

Lack of enforcement

officers and, or appropriate

traffic

management

or

warning signs

Cleanliness of the site

and environment

Health hygiene

10,000

Inadequate hoarding

Lack of enclosures or

machinery too close to public

passage

Improperly

covered

ways

Improper

setup

of

barricades

Unauthorised

demolition and excavation

between the fifteenth (15)

June and thirtieth (30)

September

Unauthorised works on

Sundays and Public Holidays

and

works

outside

permissible hours

Use of a mechanical

excavator and, or pneumatic

drill outside the permissible

hours

Improper dust control

measures

Mechanical fair facing

of stone on site

Excessive

and,

or

unnecessary noise

No safe passage past the

site

Any other violation of

5000".

obligations in accordance

with the First, Second, Third

or Fourth Schedule not listed

in this Schedule

€0.36