Earthquake damaged building structures demolition (removal) guideline, 2072

Transcription

1 Earthquake damaged building structures demolition (removal) guideline, 2072 (Debris and Demolition Guidelines, 2015) Preamble: Pursuant to Sub-section (M) of the Natural Calamity (Relief) Act (1982), following the devastation of April 25 Gurkha Earthquake with epicenter in Barpark and its recurring aftershocks, the Government of Nepal has enacted following guideline that directs the concerned authorities on the procedures to be adopted to remove quake hit risky building structures that cannot repaired or strengthened. 1. Short title and commencement: (1) This guidelines may be called the Guidelines to remove hazardous building structures dilapidated by earthquake, 2072 (2) This Act shall come into force from Sharwan 22, Definitions: "Hazardous Building structures" means any building, its parts, compounds, wall or any other individual or public structure that have been damaged by the earthquake and cannot to used even after repair or renovation or that are causing risk to human safety or public movement. 3. Identification of hazardous building structure: (1) In case anyone wants to demolish the building destroyed by the earthquake, the house owner shall provide its detailed information to the concerned ward of the municipality or the Village Development Committee. The information shall also incorporate the land blueprint and house design, copy of citizenship certificate and a photograph of the damaged house if possible. (2) Anyone can provide information regarding dilapidated building structure in one s community to the concerned ward of the municipality or the Village Development Committee with clear illustration of its location and a photograph if possible. (3). In case, no one provide information pursuant to Sub-section (1) or (2), the VDC secretaries or ward secretaries shall keep documentation alongside a photograph of such building if they come across such hazardous structure in their areas. (4). Based on acquired information pursuant to Sub-section (1), (2) OR (3), the ward secretary shall prepare a detailed list of such hazardous building structures and dispatch it to the concerned municipality. In case of Village

2 Development Committee, engineers deployed by the District Technical Office shall be informed about the details and pursuant to Sub-section (5) shall be presented to committee. (5) There will be technical committee with given setup in each municipality or VDC to ascertain whether the building enlisted in acquired details are actually hazardous; (A) Chief of Kathmandu Metropolitan City Office s Department of Physical Development and Construction in case of the metropolitan city, engineers in case of the concerned municipalities or engineers deployed by the District Technical Office will in case of municipalities and VDCs without engineers. Coordinator (B) Engineers appointed by the Urban Development and Building Construction Department or the concerned division office or if such engineers are not available engineers appointed by the concerned Chief District Officer. s (C) Ward Secretary of the municipality/ VDC secretary in case of the Village Development Committee. (6) The technical committee shall carry out field based inspection of the building structure enlisted in information details acquired from municipality or the Village Development Committee and determine whether it need to be demolished. Given procedure should be adopted in the field inspection: (A) Fill up a Rapid Evaluation Form as described in annex 1. (B) Take photograph of the building from all four sides. (C) Prepare Deed of Inquiry report as described in annex 2 in presence house owner if possible. (D) Recommending whether the building need to be demolished or not in a report. (7) As per the sub section (6), the technical committee shall provide clear opinion whether the building need to be demolished and shall submit a report incorporating Deed of Inquiry (spot inquiry) certificate to the concerned municipality or the Village Development Committee.

3 (8) Pursuant to Sub-section (7), the report shall states whether the owner or operator of the concerned building can remove the house or clearly mentioning the nature of assistance they need for demolition if they need any help. (9) In case the technical committee fails to ascertain whether the building requires demolition, it shall submit a report to the Central Direction Committee specifying the reason for its failure through the concerned municipality or VDC pursuant to Sub-section Central Direction Committee: (1) The central direction committee to be formed pursuant to this guideline to carry out demolition of hazardous building structure shall have the following members:- (a)joint Secretary, Ministry of Urban Development (b) Joint Secretary, Ministry of Home Affairs (c) Joint Secretary, Ministry of Federal Affairs and Local Development (d) Joint Secretary, Ministry of Physical Infrastructure and Transport (e) Lieutenant Colonel, Nepal Army (f) Deputy Inspector General, Nepal Police (g) Deputy Inspector General, Armed Police Force (h) Head of the concerned municipalities and Village Development Committee Coordinator (i) Senior Divisional Engineer appointed by Department of Urban Development and Building Construction Secretary (2) The Central Direction Committee shall invite the concerned official, expert, or specialists if deemed necessary. (3) The Central Direction Committee shall form subcommittee or work team clearly specifying their work, responsibilities, jurisdiction and guidelines if deemed necessary. (4) The Central Direction Committee will have its secretariat in the Department of Urban Development and Building Construction. (5) The Central Direction Committee s work, responsibilities and jurisdiction will be as follow:- (a) To make final decision if the technical committee fails to determine whether or not certain building structure need to be demolished.

4 (b) To recommend the Ministry of Urban Development on whether or not any government or government-owned building structure require demolition. (C) To order demolition of building structures owned by organization established in accordance with the existing law upon the request of the concerned organization or based on the acquired information (D) To order demolition of hospitals, schools, movie theatres, shopping malls or similar building structure that are in public use (E) To provide necessary direction to the technical committee on issues concerning demolition of building structures (F) To investigate on grievances or complaint lodged against the work action carried out by the technical committee and give final decision pursuant to this guideline (G) To provide necessary advice or technical support to the concerned bodies of the Nepal Government in issues relating with demolition of building structure. (5) Prior ascertaining whether or not any building needs to be demolished, the central coordination committee shall assign a working team comprising the following members to examine the building and take final report to determine whether or not demolition is required:- (a)senior Divisional Engineer appointed by the Department of Urban Development and Building Construction Coordinator (b) Technical Major appointed by Nepal Army (Structural Engineer) (C) Superintendent of Armed Police Force appointed by Armed Police Force (Engineer) (D)Superintendent of Nepal Police appointed by Nepal Police (Engineer) (6) If any building or structure of government or of public use is seen necessary to be demolished, the concerned body or organization should write letter to the Central Direction Committee through the Department of Urban Development and Building Construction incorporating all available details. (7) If any government or public building structure seen necessary to be demolished, any person will be able to provide written information about it to the Central Direction Committee with all available details. 5. Provision related to Apartment and Building in Commercial Use: (1) In relation to the apartment (common housing), group housing or shopping complex or similar multipurpose building, the owner or operator of such building shall individually appoint technical consultant based on the damage suffered by the building, and provide the report prepared by such consultant to the central direction committee within 15 days after this guideline comes into effect. (2) Pursuant to Sub-section (1), upon receiving the report, the central direction committee, pursuant to Subsection (6) of Section 4, will examine the report and carry out field inspection of the building structure as per necessity to determine whether or not to demolish the building. 6. Concerned owner oneself to demolish

5 (1) The concerned owners or operators of the building structure shall themselves demolish the house if the technical committee or the central direction committee issue report ordering demolition. (2)If the technical committee or the central direction committee issue report stating the owner or operator's inability to carry out demolition citing loss sustained by the building structure, its physical state, equipment and resources or any other similar causes, such structure will be demolished by team formed in accordance with this guideline. (3) In relation to the building structure wherein the technical committee or the central direction committee has issued report stating the concerned owner or operator could they carry out demolition if provided with required machines equipment or consultant service, such owners or operators shall be provided required machines equipment or consultant service. The owner or operator shall bear the required cost. (4) Cost required for demolition of apartments, commercial complex, movie theatre, private hospital, private school or college or similar types of building structure yet to be transferred to consumers shall be funded by the owner or operator of the concerned building structure. 7. Chief District Officer shall be able order demolition of building structure: If the owner or operator of the concerned building structure refuses to carry out demolition despite getting the report from the technical committee or the central direction committee, the Chief District Officer shall be able give order to remove such building structures. (2) Pursuant to Sub-section (1), if the Chief District Officer orders to remove the building structure, the government shall take money spent on the demolition of the building structure from the owner or operator later. (3) In case of building structure that need to be removed immediately but owner or operator are not in contact, the Chief District Officer shall have rights to order demolition of such building structures. (4) Pursuant to this section, if any case any building needs to be removed through the order of the Chief District Officer, the technical committee or the central direction committee shall write to the Chief District Officer clearly specifying similar details. 8. Formation of team for demolition of building structure (1) Pursuant to this guideline, the building deemed necessary to be removed by municipality or VDC or pursuant to Section 7 as ordered by the chief district officer or pursuant to Section 4 Sub-section (5) building structure asked to be removed by the central direction committee in writing will be removed by a team led by the Nepal Army. (2) Pursuant to Sub-section (1), the team will be comprised of Nepal Police, Armed Police Force and representatives of the concerned municipality or the VDC. (3)The team shall be provided with all machines equipments and specialists as demanded by the concerned government bodies and local bodies as far as possible. (4) The Ministry for Physical Planning and Construction shall manage the heavy equipments required to remove building structure, its operation and fuel.

6 (5) The team shall coordinate with the Chief District Officer to removing the building structure pursuant to this section. 9. Precaution to be followed during removal of house The house owner or operator or the demolition team shall adopt precaution pursuant to annex 3 while removing the house as per this guidelines. 10. Necessary physical resources and budget system: The Ministry of Finance shall allocate necessary the budget required for physical resources and expenses to the concerned bodies while removing house pursuant to this guideline. 11. Miscellaneous (1) Debris produced during the demolition of house shall be managed in such a way that it does not have negative impact on public transportation, movement or public health and security. (2) In case of any hurdles in implementation of this guideline, the Ministry of Urban Development shall remove hurdles for the municipality or village development committee to carry out demolition of building structures and for the concerned Chief District Officer and the central direction committee to order removal of building structure. (3) The hazardous fraction of building structure should be removed first and the remaining parts could be gradually removed later. (4) Building structure belonging to poor people hugely affected by the earthquake will remain in priority of demolition. (5)Assistance of any local association organization, businessperson or volunteer can be taken for demolition. Prior consent shall be taken from the Ministry of Urban Development to take foreign assistance. (6) In case any national or foreign association organization, businessperson have taken responsibility to remove building structure, the debris shall be managed as per the direction of the municipality, VDC or the central direction committee by the concerned association organization or businessperson themselves. (7) Land required for the debris management will be arranged by the concerned municipality or VDC in assistance of the District Natural Calamity Rescue Committee. Public or government land can be used for this purpose. All concerned bodies shall extend require help to provide the land required for this purpose. (8) Debris produced during demolition of any building structure may be taken for reuse if that can be reused or if the owner or operator wishes to do so. If the person is not in position to take it immediately, the debris may also be stored in an accessible alternative location provided.

7 Annex 1 (Related wit Section 3.6) Preliminary Evaluation Form Inspection Inspection ID :. Inspection Date: Inspection Time: Area Inspected : External Only Exterior and Interior Building Discription Building Owner s Name : Address: Ward/Tole :. District:. Municipality/VDC:. Contact Number: Approx. Building Footprint area (Sq.ft):.. No. of Stories:.. Construction year:.b.s (.AD) Type of Construction Adobe Stone in Mud Brick in Mud Brick in Cement Stone in Cement RC Framed Wood Frame Bamboo Others Type of Floor Flexible Rigid Type of Roof Flexibl Rigid Primary Occupancy: Residential Educational Commercial

8 Hospital Industry Club Government office Office Hotel Restaurant Police Station Institute Mixed Others Land Slope Plain Gentle Slope Steep slope Adjacent building Free Standing Building in 2 sides Building in 1 side Building in 3 sides Road Acess: Road width Current Status: Accessible Not accessible due to debris/road damage Evaluation Observed Condition Minor Moderate Severe Collapsed, partially Collapsed, or Moved Off its foundation Ground in the vicinity of building moved irregularly in vertical direction with crasking or fissures Gap between ground and building foundation wall (i.e. wall of building that is normally

9 underground) since large gap may lead to overturning Building or any story out of plumb Damage to Primary structural members, cracking of walls, or other signs of distress present Other hazard 9 specify e.g tree, power line, gas leakage Have the wall moved visibly (% degree) Possibility of Trapped/ Dead Persons: Yes No Tentative Number of Victims: Posting based on Evaluation Restricted Unsafe Comments:......

10 Annex 2 (Related wit Section 3.5) Whereas, in relation to the single/ joint application made by Mr./Miss/Mrs...,a resident of Ward No...of...Village Development Committee/Municipality to Ward office..requesting to remove house/ hut/wall built on.in land registered on... in sole or joint names including located in..vdc ward No.. seat No. land No of areas partially/ completely damaged by earthquake of April 25 and repeated aftershocks citing hindrance it created in public movement and risk posed to adjacent property on letter dated. /, we, the below mentioned people, municipality/vdc have been inquired into the matter by the technical committee in this municipality/vdc formed by the District Natural Disaster Rescue committee and we hereby agree to execute deed inquiry that the house above mentioned shall be demolished himself by the applicant/ Government of Nepal and present the related details to.municipality/ VDC/ Urban Development and Building Construction Department. The aforementioned contents are true and correct and if found to be false, I shall be liable according to law. Name, surname and address of the persons executing the deed of inquiry In presence of: House owner Mr.. Civil Society Mr.. of political party Mr Police Official Mr Date:

11 Officials of the technical team 1. Coordinator:. Engineer (. municipality) 2. : Engineer (Urban Development and Building Construction Department) 3. :.. Secretary (Office.) As listed below: Date of construction of the house Concrete or non-concrete home. If concrete, Frame Structure or Load Bearing or Composite. House length, breadth., height... storey. Kind of damage in house: Annex 3 (Related to Section 9) Precaution to be taken during the demolition of damaged building structure: Trying to remove the building structure only through prior consent of house owner if possible Providing prior notice to house owner about demolition before removing the building structure Removing building part with minimum damage as far as possible. In case only a certain portion of the building need to removed, the focus shall be on removing only minimal through every way possible. Every effort shall be made not to damage adjacent building structures while removing the building Carrying out demolition of the building structure in a way there is minimal obstruction on public movement. Making sure that there will be disturbance in electricity and communication service only for a shorter period Making arrangement for immediate fire fighter and ambulance service while removing the big building structure.

12 Proving necessary equipments resources to personnel involved in removal of building structure. Removing hazards thing first during demolition, taking precaution like generally starting to work from the top floor of the building structure generally Giving necessary attention to cope with adverse effect of dust in the environment by seeking way to minimize dust during demolition and transportation of debris.