Decree No. 49 / 2008 Coll.
Decree on requirements to ensure the safe condition of underground objects
Valid
Order
Effective from 01.03.2008
49
DECLARATION
of 4 February 2008
on requirements to ensure the safe condition of underground objects
According to § 37 paragraph 4 of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 376 / 2007 Coll.:
Subject matter
(1) This Decree provides:
(a) the time limit for regular inspections of underground objects1) and the method for verifying their safe status2),
(b) the scope of the identification data for the record keeping of underground objects;
(c) conditions to ensure the safety of the operation of underground objects, in particular from the point of view of their ventilation, including ventilation in the operation of non-accessible objects, and travel requirements for walking;
(d) the details of the plan for the fight against serious traffic accidents (accidents), in particular the emergency prevention and control requirements.
(2) This decree does not apply to mining or mining activities (3).
Interpretation of terms
For the purposes of this decree, it shall be considered as:
(a) lining a set of reinforcement elements to ensure a light cross-section of the underground object prior to its undesirable deformation by mountain pressures, to ensure against the release and decaying of rock or similar influences;
(b) a damaged underground object such as an underground object, the safe condition of which is threatened by the fall or pressure of rocks, or similar influences, which may interfere with its static.
Distribution of underground objects
(1) The underground objects shall be distributed as follows in view of their possible entry:
(a) underground objects or parts thereof freely accessible;
(b) underground objects or parts thereof accessible only with an escort;
(c) underground objects in operation accessible only to personnel of the operator of the underground object;
(d) underground objects not accessible in service.
(2) According to the method of securing the linings, underground objects are divided as follows:
(a) underground objects permanently secured throughout the length by cutting of concrete, bricks and other durable materials of similar properties;
(b) underground objects permanently secured throughout the length of the blade, other than those referred to in (a);
(c) underground objects secured, in whole or in part, by temporary linings and underground objects, whole or in part without lining.
Verification of the safe condition of underground objects
(1) The condition of underground objects is checked by inspection. The inspection shall verify the safe condition of the underground building, in particular the condition of its lining and compliance with the required free profile, ensuring ventilation of the underground building against the accumulation of explosive or other dangerous or harmful substances and gases (15), and ensuring access routes in the underground, the damaged or deformed sites and sites of undesirable penetration of liquids, gases or other substances into the underground facility shall be detected and documented; a special type of inspection is an inspection of the disturbed underground object.
(2) The inspection shall be carried out at the request of the owner of the underground building or of the operator authorised by it in writing (hereinafter referred to as the "designated person") 4 through the competent staff of the organisation, who has set up a mining rescue station. 16 The application shall be accompanied by a approval decision or other evidence of the use of an underground object on the first inspection or on the change of construction.
(3) The results of the inspection shall be reported by the person who carried out the inspection no later than 7 days after the completion of the inspection. The report shall include the identification data needed to keep a register of underground objects (5) prepared in accordance with Annex 1 to this Regulation. For the purposes of registration, an assessment of the level of risk of an underground object as set out in Annex 2 to this Decree shall be carried out on the first inspection, with a proposal as to whether a mining rescue service should be provided for the building in question (6); the evaluation shall also be carried out where there has been a material change in the condition of the underground object or a change in the classification according to § 3 (1). The inspection report shall be set up in one copy in the documentation of the underground building in accordance with Section 8 and sent in one copy to the district mining office in whose circumference 7).
Underground objects tours
(1) The examination of the condition of the underground object
(a) functionality, integrity and, where appropriate, rigidity of the lining in terms of stability and purpose of the underground object, including localisation of areas with damaged edges;
(b) the shape of the transverse and, where appropriate, the longitudinal profile of the underground object and its possible changes;
(c) the effect of incorporated or operated technological equipment on the state of the lining;
(d) unwanted leakage of liquids or gas penetration into the underground object and its influence on the lining, the method of draining the water into the underground object;
(e) the state of ventilation of the underground object and its influence on the lining, securing the underground object against the accumulation of explosive or other dangerous or harmful substances and gases therein;
(f) the feasibility and transparency of the routes used, including access routes and the provision of access to the underground object.
The underground object referred to in § 3 (2) (c) shall also be assessed for the cohesion of the rock and for the risk of self-decaying the rock.
(2) The inspection shall verify, supplement or modify, where appropriate, the identification data of the underground object and the risk assessment of the underground object.
(3) No later than each third inspection, the corrosion loss of accessible steel lining structures shall be checked and evaluated if they are part of an underground building and are exposed to moisture or aggressive substances.
Tours of damaged underground objects
(1) During the inspection of the disturbed underground building, the condition of the damaged or deformed lining of the underground building, construction structures and elements, including any closure barriers, shall be assessed in relation to the project documentation and, where appropriate, the documentation taken during the previous inspection of the disturbed underground building. This shall be based on the documentation of the actual implementation of the underground object which is part of the approval decision or on simplified documents9) or, where appropriate, on the documentation which was produced after the previous repair in accordance with paragraph 6; if not the documentation, it shall be based on the purpose for which the underground object is to serve.
(2) A tour of the disturbed underground object is carried out by a person with the expertise of a race mine or a racing or mining designer 10) or an authorized engineer for the field of transport construction or statics and dynamics of construction or geotechnology (11) (hereinafter referred to as "expert ').
(3) The results of the inspection of the disturbed underground object shall be reported by the person who carried it out no later than 14 days after the completion of the inspection. The report shall also include the partial reports of all specialists involved in the inspection, the results of the measurements carried out, including their evaluation, and the image and measurement documentation made in the inspection. The inspection report of the disturbed underground object shall be set up in a single copy in the documentation of the underground object operated in accordance with § 8 and sent in a single copy to the district mining authority without delay).
(4) The expert referred to in paragraph 2 shall propose in the inspection report of the disturbed underground object the requirements for the repair of the damaged condition of the underground object.
(5) Work to ensure the stability of the underground object12) shall be carried out under other legislation13).
(6) After repair of the damaged or deformed lining, the condition of the lining in the section concerned shall be documented and the expert referred to in paragraph 2 shall assess whether the repair has fulfilled its purpose and if the underground object can continue to operate safely.
Time limits for inspection of underground objects
(1) Save as otherwise provided for in the approval decision of an underground object, the time limits from the last inspection carried out may not be longer than those laid down in Annex 3 to this Decree.
(2) The inspections of underground objects shall be carried out according to a timetable drawn up by the designated person.
(3) A search of the disturbed underground object shall be carried out without delay when it is established that the safe condition of the underground object is disturbed.
Documentation and records
The documentation and records of the results of the inspections shall be kept by the designated person until the next inspection, but not less than 5 years.
Plan for combating serious traffic accidents
(1) The plan for combating serious accidents in traffic (hereinafter referred to as the "emergency plan") must be drawn up clearly, clearly and clearly and in a manner consistent with reality. It contains part of the emergency, operational and map. The documentation drawn up under the Fire Protection Act 17 is an integral part of the emergency plan.
(2) The emergency part of the emergency plan shall include a list of persons, employers, organisations and bodies to whom the accident must be reported, as well as the specific obligations of persons, authorities and organisations in the event of an accident.
(3) The operational part of the emergency plan shall include solutions to all types of accidents that can be expected to occur in an underground facility and to those surface accidents that would, by their consequences, endanger persons in the underground or the underground object itself, the means and procedures for the rescue, treatment and transport of persons, as well as means for the disposal of accidents, including the means of first aid and their deployment, the means of alarm for the staff of the organisation and the necessary changes in ventilation to ensure the safe departure of persons from the affected part of the underground area, and shall specify the period during which persons must be withdrawn from the sub-ground when the ventilation is interrupted.
(4) The emergency and operational part shall include the measures necessary for the destruction of the accident in relation to adjacent underground objects, underground parts and surface objects.
(5) The map part of the emergency plan consists of a map of the fight against accidents, which includes, in particular, the marking of underground areas, escape routes, access roads, the location of means of rescue, treatment and transport of injured persons.
Transitional provisions
(1) The designated person shall request the first inspection of the underground premises referred to in § 3 (1) (a) to (c) within 60 days of the date of entry into force of this Decree. For the underground object referred to in § 3 (1) (d), the designated person shall request the first inspection within two months before the date of the next inspection specified in the project or operational documentation of the underground object, but no later than 31 December 2016.
(2) The identification data referred to in Annexes 1 and 2 on the underground objects referred to in § 3 (1) (d) shall be sent by the designated person within a period of six months from the date of the entry into force of this decree to the district mining authority (7).
Efficacy
This Decree takes effect on 1 March 2008.
Chairman:
Prof. JUDr. Makarius, CSc.
Příloha č. 1
Annex No 1 to Decree No 49 / 2008 Coll.
Identification of the underground object
1. Name of the underground object.
2. Type of underground object.
3. Purpose of the underground object.
4. Owner of an underground object including contact and identification information.
5. An operator of an underground facility authorised by the owner in writing, including contact information.
6. Location of underground object (in continuous installation, outside installation, nearby engineering networks).
7. Method of construction of underground building (including a detailed specification of emergency events during construction or operation).
8. Date of construction of the underground building.
9. Date of commissioning of the underground building.
10. Type of lining of the underground object (e.g. indicate flammable, non-flammable, in which sections).
11. Profile of underground object.
12. Accessible length of underground object.
13. Public access to the underground building.
14. Ensuring the Mining Rescue Service.
15. Entries to the underground object including their coordinates.
16. Method of ventilation underground (wind equipment, air monitoring, etc.).
17. Water inflows to the underground object.
18. Method of draining or draining water from underground objects.
19. Connecting the underground object to other objects.
20. Topographical map showing the entrance to the underground object and the surface access routes to it.
21. Designation of the organisation ensuring the conduct of inspections of the underground object.
Příloha č. 2
Annex No 2 to Decree No 49 / 2008 Coll.
Risk assessment
Příloha č. 3
Annex No 3 to Decree No 49 / 2008 Coll.
1. Time limits for inspections of underground objects referred to in § 3 (2) (a):
| Podzemní objekt nebo jeho část | Lhůty prohlídek |
|---|---|
| uvedený v § 3 odst. 1 písm. a) | 3 roky |
| uvedený v § 3 odst. 1 písm. b) | 4 roky |
| uvedený v § 3 odst. 1 písm. c) | 5 roků |
2. Time limits for inspections of underground objects referred to in § 3 (2) (b):
| Podzemní objekt nebo jeho část | Lhůty prohlídek |
|---|---|
| uvedený v § 3 odst. 1 písm. a) | 2 roky |
| uvedený v § 3 odst. 1 písm. b) | 3 roky |
| uvedený v § 3 odst. 1 písm. c) | 4 roky |
3. Time limits for inspections of underground objects referred to in § 3 (2) (c):
| Podzemní objekt nebo jeho část | Lhůty prohlídek |
|---|---|
| uvedený v § 3 odst. 1 písm. a) | 1 rok |
| uvedený v § 3 odst. 1 písm. b) | 1,5 roku |
| uvedený v § 3 odst. 1 písm. c)) | 2 roky |
4. The inspections of underground objects referred to in § 3 (1) (d) shall be carried out within a period of no longer than 10 years.
1) Paragraph 37 (1) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 376 / 2007 Coll.
2) Paragraph 37 (3) of Act No. 61 / 1988 Coll., as amended by Act No. 376 / 2007 Coll.
3) Sections 2 and 3 of Act No. 61 / 1988 Coll., as amended.
4) Paragraph 37 (2) of Act No. 61 / 1988 Coll., as amended by Act No. 376 / 2007 Coll.
5) Paragraph 41 (1) (l) of Act No. 61 / 1988 Coll., as amended by Act No. 376 / 2007 Coll.
6) Paragraph 7 (4) of Act No. 61 / 1988 Coll., as amended by Act No. 376 / 2007 Coll.
7) Annex to Act No. 61 / 1988 Coll., as amended by Act No. 376 / 2007 Coll.
8) Sections 13 and 15 of Act No. 183 / 2006 Coll., Construction Act.
9) § 125 (3) of Act No. 183 / 2006 Coll.
10) Paragraph 2 (1) (a), (c) and (e) of Decree No 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation.
11) Paragraph 5 (3) (b), (g) and (i) of Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and on the pursuit of the profession of authorized engineers and technicians active in construction.
12) § 3 (c) of Act No. 61 / 1988 Coll., as amended.
13) For example, Decree No. 55 / 1996 Coll., on the requirements to ensure safety and health at work and safety of operation in mining activities in underground.
14) Act No. 499 / 2004 Coll., on archiving and file service and amending certain laws, as amended.
15) Government Decree No. 361 / 2007 Coll., laying down conditions for health protection at work, as amended.
16) Decree No. 447 / 2001 Coll., on the Mining Rescue Service, as amended.
17) Act No. 133 / 1985 Coll., on Fire Protection, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 49 / 2008 Coll., on the requirements to ensure the safe condition of underground objects |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.2008 |
|---|---|
| Effective from | 01.03.2008 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Mining
Administrative law
The regulation text is for informational purposes only.
Comments 0