Decree No. 255 / 2010 Coll.
Decree amending Decree No. 471 / 2001 Coll., on Technical Safety Surveillance of Water Parts
Valid
Order
Effective from 02.09.2010
Text versions:
02.09.2010
255
DECLARATION
of 16 August 2010
amending Decree No. 471 / 2001 Coll., on Technical Safety Surveillance of Water Parts
The Ministry of Agriculture provides pursuant to Sections 61 (3) and 62 (2) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 150 / 2010 Coll.:
Decree No. 471 / 2001 Coll., on Technical Safety Surveillance of Water Parts, is amended as follows:
1. In Paragraph 1, the words "for each category of such water works, adjusted 'are replaced by the words" and the procedure for their inclusion in categories', the words "reconstruction 'are replaced by the words" changes to water works after their completion' and the words "as well as the extent of the owner's and builder's participation in 'are replaced by the words" and the essentials of the programme'.
2. In Article 2 (c), "stability and mechanical strength 'is replaced by" and stability';
3. in § 2 (d) to (f):
"(d) the stage of preparation of the construction of the water works - processing of preparatory documentation of the construction of the water works, documentation for territorial management and project documentation for building permits;
(e) modification of the water works - intervention in the water works resulting in a change of purpose or technical parameters,
(f) the stage of the construction or change of the water works after completion of the construction and assembly work on the sifting structure, functional objects or parts of the water works which determine its stability, safety and reliable function from taking over the construction site to the start of the operation stage. "
4. In Article 2, at the end of point (f), the dot is replaced by a comma and the following points (g) to (i) are added:
"(g) stage of the verification operation - the period of the first load of the water work or part of it with air water, including testing operations to such an extent that the fulfilment of the project assumptions, reliable function, safety and stability of the water work can be assessed;
(h) continuous operation phase - the period of use of the water works from the end of the verification operation to the end of the obligation to ensure supervision on the water works; for water works where the verification phase cannot be ensured, from the period of first load with retained or airborne water until the end of the obligation to ensure supervision on the water works,
(i) designated water works - water works, over which an obligation to ensure supervision under Paragraph 61 (5) of the Water Act has been established. ';
5. In Article 3, the words "except for transverse structures in watercourses and adjacent territories whose height from the base of the dam to the crown is less than 1 metre and the total volume of air water does not exceed 1 000 m3, or fixed and immobile transverse edifices, in watercourses whose fixed overflow edge is above the bottom of the underside less than 1,5 m," are added at the end of the text of point (a).
6. in Article 3 (f):
"(f) structures for the use of the energy potential of surface water, if they raise or retain water, with the exception of transverse structures referred to in (a),";
7. In Article 3, the following point (g) is added:
"(g) other structures for the sifting or retention of water, with the exception of tanks fully immersed in the ground without a sifting element, pool, lagoons, blind arms, water lines and water jars, sewerage nets and recreational pools."
8. In Article 3, the words "(hereinafter referred to as" the designated water work ") 'are deleted.
9.
Determination of criteria and procedures for classifying water works into categories
(1) The criteria for the classification of water works in categories I to IV from a supervisory point of view are set out in Annex 1 to this Decree.
(2) The inclusion of a water work in one of the four categories shall be carried out according to the size of the possible damage which may occur in the event of a failure of the stability and safety of the water work accompanied by the emergence of a flood wave of a special flood. The amount of potential damage is calculated by means of the potential damage (P) as the sum of the points of assessment of the potential threat to human lives, possible losses on property in the adjacent territory and possible losses from the limitation of public interest functions and benefits that would have occurred in the course of the water work accident on and below the work.
(3) The calculation of the potential of damage (P) is carried out by the mandate.3) in the framework of the preparation of an assessment for the classification of a waterworks in a category based on:
(a) quantification of the parameters of the specific flood and its effects under water;
(b) a point assessment of the possible damage that may arise from a waterworks accident.
(4) The water work is proposed to be classified into one of four categories according to the achieved number of damage potential points (P)
| (P) | ≥ | 1 500 | I. kategorie | |||
| 200 | ≤ | (P) | < | 1 500 | II. kategorie | |
| 15 | ≤ | (P) | < | 200 | III. kategorie | |
| (P) | < | 15 | IV. kategorie. |
(5) The assessment of the classification of the water works as a category and the design of the conditions of supervision shall be carried out at the stage of preparation of the water works at the stage of the preparation of the documentation for territorial management.
(6) The reason for the change in the category of designated water works may also be the change in the water work after completion, the change in the purpose of using the intended water work or the change in the use of the territory or part thereof under the designated water work. ';
10. Paragraph 5 (1) to (3), including footnote 1, states:
"(1) The methods, scope and frequency of supervision shall be governed by:
(a) categories of designated water works;
(b) the stage of the designated water work referred to in Article 2;
(c) the type of designated water work in terms of operating conditions and loading conditions.
(2) At the stage of the preparation of the water works, supervision is provided for the designated water works from Category I to Category III by processing the measuring project according to Section 6. For a designated Category IV waterwork at the stage of the preparation of the waterwork, the measurement project shall be processed if the obligation to submit the measurement project is imposed on the owner or, where appropriate, the contractor by the relevant water law authority as a condition for the implementation of the surveillance (1).
(3) In the phase of the construction or change of the water works after completion, in the stage of the verification operation and in the phase of the permanent operation of the designated water works from Category I to Category III, supervision shall be carried out
(a) the processing of the surveillance programme;
(b) by observing and measuring the identified phenomena and the facts set out in the surveillance programme;
(c) by walking;
(d) the processing of supervisory reports with proposals for measures to address identified deficiencies;
(e) inspections;
(f) assessing the results of all observations and measurements.
1) Paragraph 61 (5) of Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Acts, as amended by Act No. 20 / 2004 Coll. '
11. in Article 5 (5):
"(5) Supervision of the designated water works of Category IV at the stage of construction or the change of the water works after completion, the stage of the verification operation and the stage of continuous operation shall be carried out by means of checks to detect and evaluate the phenomena and facts to the extent specified in Annex 2 to this Decree."
12. in Article 5, paragraphs 6 and 7 are added:
"(6) In the case of effluents where the load is gradually increasing, supervision shall be performed as at the stage of the verification operation throughout their operation.
(7) For designated water works where it is not possible to secure the verification phase, the scope and frequency of supervision shall be determined according to the operating modes and load of the designated water works. In a situation without water load, the frequency or extent of surveillance may be reduced. ';
13. in Article 6 (2) (a), "stability and mechanical strength" is replaced by "and stability."
14. in Articles 6 (2) (c) and 7 (1), the words "stability and mechanical strength" shall be replaced by "stability."
15. in Article 6 (2) (e), the word "reconstruction" is replaced by the words "changes to the water work after completion" and the words "designated water work" are deleted;
16. in Article 7 (2), the following point (a) is inserted:
"(a) the contact details of the authorised persons (3) and persons responsible for the surveillance (2) pursuant to Article 62 (4) (a) of the Water Act, the relevant flood authorities (9) and the fire brigade of the relevant county;
9) § 77 of Act No. 254 / 2001 Coll., as amended. '
Points (a) to (k) shall be renumbered (b) to (l).
17. in Paragraph 7 (2) (b), "stability and mechanical strength" is replaced by "and stability."
18. in Article 7 (2), the words "subject-matter" shall be inserted at the beginning of point (c).
19. in Article 7 (2) (e), the words "competent" shall be deleted;
20. in Article 7 (2), the following point (f) is inserted after point (e):
"(f) guidance on alternative measurement and transmission of results in the event of failure of the monitoring system, if introduced on the designated water work, including frequency of control verification measurements or readings carried out manually;"
Points (f) to (l) shall be renumbered as points (g) to (m).
21. in Paragraph 8 (2), the words "observation and measurement" shall be replaced by the words "observation, measurement and tour" and the words "professionally qualified" shall be deleted;
22. In Article 8, the following paragraph 3 is added:
"(3) The results of all measurements, observations and rounds shall be kept on the water work for the entire duration of the water work. ';
23. In Article 9, the following paragraph 3 is added:
"(3) In justified cases, the authorised person (3) in the surveillance programme may reduce or adjust the frequency of the rounds to better suit the climatic conditions, loading condition and nature of the designated waterwork. '
24. In Paragraph 10 (1), the word "reconstruction 'is replaced by" changes to the water work after completion'.
25. in the second sentence of Article 10 (2), the word "construction" shall be replaced by the words "construction or modification of the water works after completion of the work" and the word "water" shall be inserted after the word "designated."
26. In Section 11 (1) of the Introductory Part of the provision, the words "carried out under supervision under Section 62 (4) (b) of the Water Act 'shall be inserted after the word" Inspections'.
27. in Article 11 (1) (a), "stability and mechanical obligations" is replaced by "and stability."
28. in Paragraph 11 (2), the words "stability and mechanical obligations" shall be replaced by "stability."
29. In Article 11, the following paragraph 3 is added:
"(3) A registration, the content of which is laid down in Annex 4 to this Order, shall be made on the inspection of the designated waterwork. ';
30. In Section 12 of the Introductory Part of the Provisions, "Category I and Category II 'is replaced by" Categories I to III'.
31. in Article 12 (a), the words "for evaluation in specified terms," shall be replaced by the words "and shall be transmitted for evaluation by the authorised person (3) in terms specified by the supervisory programme,"
32. in Article 12, the words "participate and register in the text (c)," shall be added at the end of the text.
33. in Article 12 (d), the words "competent" shall be deleted and the words "stability and mechanical strength" shall be replaced by "and stability."
34. in Article 12 (e), the words "competent" shall be deleted;
35. In Annex 1, in the title, the word "designated 'is deleted.
36. in Annex No 2 (a), the words "sifting structures and related objects" shall be inserted after the words "stability."
37. in Annex 2, points (b) and (k) are deleted;
Points (c) to (l) shall be renumbered (b) to (j).
38. In Annex 2, point (j), the words "the state and function of the security and discharge devices (10), their control and the capacity of the equipment as compared to the applicable standards' shall be inserted at the beginning of point (j).
Footnote 10:
"10) TNV 75 2935 Assessment of the safety of water works in floods."
39. In Annex 2, Category I, the words "competent 'are deleted.
40. In Annex 3, point 1 (a), the word "reconstruction 'is replaced by the words" changes to the water work after completion'.
41. in Annex 3, points 2 (c) and 5 (h), the words "stability and mechanical strength" shall be replaced by "stability."
42. In Annex 3, point 5 (g), the word "supporting documents' is replaced by the word" background 10 '.
43.
"Annex No 4 to Decree No 471 / 2001 Coll.
OBLIGATIONS OF THE EXAMINATION MARKING
1. Basic requirements
(a) the date of the inspection;
(b) the date of the last previous inspection;
(c) the list of persons present or the attendance list.
2. Basic identification of the designated water work
(a) the name of the designated waterworks;
(b) water flow;
(c) the category of designated water works in terms of supervision;
(d) the cadastral territory.
3. Data on the administration and operation of the work - contact details
(a) the administrator, operator and operator of the designated water works;
(b) an organisation responsible for the performance of the supervision of the designated body;
(c) the competent water authority or other organisations or persons, as appropriate.
4. Basic information on documentation for the designated water part
(a) the rules of procedure;
(b) operating rules;
(c) project documentation,
(d) the surveillance programme and others.
5. A brief description of the designated water work and its purpose.
6. Main details of events on the designated water work since previous inspection
(a) the hydrological situation;
(b) operating activity;
(c) performance of the tasks of the previous inspection and others.
7. Technical security surveillance
(a) the implementation of the surveillance programme;
(b) the results of surveillance over the evaluation period.
8. Result of inspection of the designated water works
(a) defects and deficiencies detected;
(b) duties imposed;
(c) draft measures;
(d) ideas for improving safety and performance.
9. Overall assessment of the state of the designated water works in terms of safety and operability and assessment of the supervisory performance (observations of the natural person responsible for the surveillance 2), the owner or, where applicable, the authorised person (3) of the designated water works from Category I to Category III and, where appropriate, the representative of the water authority).
10. Name of the recorder and signature of the participants. '
Transitional provisions
1. The inclusion of designated water works in categories by the date of entry into force of this Decree shall remain valid.
2. Designated water works pursuant to § 3 of Decree No. 471 / 2001 Coll., as effective until the date of entry into force of this Order, which will not be subject to supervision under § 3 (1) of Decree No. 471 / 2001 Coll., as amended by that Order, shall be subject to supervision until 31 August 2011 unless the Water Authority provides for a shorter period under § 61 (5) of the Water Act.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Fuksa v. r.
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Regulation Information
| Citation | Decree No. 255 / 2010 Coll., amending Decree No. 471 / 2001 Coll., on Technical Safety Supervision of Water Parts |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.09.2010 |
|---|---|
| Effective from | 02.09.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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