Civil Engineering Reference
In-Depth Information
is obliged to ensure compliance by all Contractor's Persons. The Joint Fire Code is
defined as being the Joint Code of Practice on the Protection from Fire of Construc-
tion Sites and Buildings Undergoing Renovation published by the Construction Con-
federationandtheFireProtectionAssociation,currentattheBaseDate.
If there is a breach of the Joint Fire Code and the insurers under the Joint
Names Policy in respect of the Works specify the Remedial Measures they require,
clause 6.16.1.1 requires the Contractor, where these Remedial Measures relate to the
obligation of the Contractor to carry out and complete the Works, to ensure that they
arecarriedoutbysuchdateastheinsurersspecify.
Under clause 6.16.1.2, if the Remedial Measures require a Variation to the Works,
the Architect is to issue instructions as necessary to ensure compliance. In an emer-
gency, where compliance with the Remedial Measures requires the Contractor to sup-
plymaterialsorexecuteworkbeforereceiptofsuchinstructions,theContractoristo
supply only such limited materials and execute only such limited work as are reason-
ably necessary to secure immediate compliance. In these circumstances, the Contrac-
tor is required to inform the Architect of the emergency and the steps being taken.
Clause 6.16.1.2 provides that, save to the extent such emergency work relates to the
Contractor's Designed Portion, it is treated as if carried out under an instruction
requiring a Variation.
If the Contractor, within 7 days of a notice specifying Remedial Measures not
requiring an instruction under clause 6.16.1.2, does not begin to carry out or
thereafter fails, without reasonable cause, regularly and diligently to proceed with the
Remedial Measures, the Employer may employ and pay others to carry these out and
the Contractor shall be liable for all additional costs incurred by the Employer. These
costs are deducted from the Contract Sum. his is all in terms of clause 6.16.2.
In the SBC/DB, the provisions regarding the Joint Fire Code are contained in
clauses 6.14 to 6.17. Under clause 6.16, where any breach of the Joint Fire Code
occurs, any Remedial Measures required by insurers to achieve compliance with the
Joint Fire Code are to be carried out by the Contractor, at their own expense.
5.7.2 The NEC3 provisions
There is no equivalent in the NEC3 to the Joint Fire Code provisions in SBC and
SBC/DB.
5.8 Health and safety
There are detailed provisions under statute, at common law and under the SBC and
theNEC3inrelationtohealthandsafety.heseareconsideredinChapter20.
