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Conditions

General

Scaffolding is erected to provide safe working conditions for those involved in building works. However, it should be noted that the conditions laid down by the relevant sections of the Highways Act 1980 (opens new window) are for the protection of the public and powers exist to enforce them by the stopping of work on a scaffold or by the ordering of the scaffold to be dismantled should the conditions not be complied with.  

Should a person fail to comply with the terms and conditions of the licence they are guilty of an offence and liable to a fine under Section 169 (5) (opens new window) and Section 172 (5) (opens new window) of the Act.  

Safety conditions

  1. Any scaffold structure on or over a footway that continues to be used by the public must have minimum clear headroom of 2.6 metres.  
  2. Cross bracing below this height will not be allowed due to the potential danger to those with impaired vision. Cross bracing at ground level is not permitted under normal circumstances. If it is required for the integrity of the structure then an unobstructed close-boarded or sheet timber-walking platform is to be provided whilst maintaining clear headroom of 2.6 metres.  
  3. All scaffolding below a height of 1.6 metres shall be adequately colour contrasted by using 'warning' adhesive tape or by painting in white or bright yellow. Any projections or protruding parts shall be adequately covered or padded to prevent possible injury to the public. 
  4. A minimum width of unobstructed footway of 1.5 metres shall be maintained in busy pedestrian areas. A minimum of 1.2 metres unobstructed footway may be deemed acceptable at less busy locations. In essence, safe access must be maintained for users in wheelchairs, users with prams or buggies and small children and users with guide dogs. 
  5. Tapping boards and handrails shall be provided for the full length of the structure except for access points. 
  6. If it is not practical to provide a safe route through the scaffold structure an alternative route must be provided around the structure to provide a safe passage.  
  7. If pedestrians must be diverted onto the carriageway, they must be separated from moving traffic by a suitable physical barrier. This safe passage should be signed and guarded in line with the Department of Transport's CHapter 8 Safety at Street Works and Road Works manual (opens new window)and to the satisfaction of the Director of Development and Regeneration or his representative. 
  8. If any part of a scaffold lower than 4.9 metres comes within 0.5 metres of the kerb, a temporary kerb shall be provided to give an additional 0.5 metre clearance.
  9. No part of a scaffold or hoarding below a height of 4.9 metres shall overhang the carriageway.
  10. Any scaffold or hoarding in the carriageway is to be protected by large timbers secured independently of the structure giving 0.5 metres clearance and the ends of the timbers and bands at 6 metre intervals are to be marked with yellow paint.
  11. If the erection of a scaffold or hoarding reduces the carriageway width to less than 5.5 metres the carriageway is to be purposely reduced to a width of 3.7 metres and temporary traffic light control installed to the satisfaction of the Director of Development and Regeneration or his representative. 
  12. An overhead panel or platform shall be provided to protect pedestrians from falling objects.  
  13. Should the structure be used for the washing down of a building it must be completely sheeted to protect the public and provision must be made to for any runoff water to be discharged safely away from the highway. 
  14. Any structure shall be adequately secured in place and able to withstand all expected loadings / stresses. 
  15. Warning signs with the legend 'DANGER -  MEN WORKING ABOVE' must be displayed at each end of the structure.  
  16. The licensee's name, address and phone number shall be clearly displayed on the structure. 
  17. The structure must be lit during the hours of darkness (half an hour after sunset and half an hour before sunrise) with red warning lights at each end and at every six metres.  
  18. A gantry must have white lights under it if the area is accessible to the public. 
  19. Doors or access points within the structure shall not open onto the highway. 
  20. Fire hydrants, or other similar, apparatus must not be enclosed by the structure without prior consent from the relevant authority. 
  21. All scaffold tubes on the highway shall be supported on base plates. Sole plates must also be used where the loading may in any way damage the highway surface. 
  22. The structure shall be erected and dismantled without causing obstruction to the highway (for example, outside of rush hour/ peak periods). 
  23. After dismantling the site shall be cleared and restored to the satisfaction of the Director of Development and Regeneration or their representative.
  24. Any damage to the highway shall be made good at the Licensee's expense. 
  25. Evidence of Public Liability Insurance Cover for a minimum value of £5 million is required. 
  26. We, Gateshead Council, shall be indemnified against any claim, actions, proceedings, loss, or damage arising because of the presence of any hoarding and or scaffold structure hereby permitted.