Haw. Code R. § 13-190.1-30 - General construction requirements for construction, enlargement, repair, alteration, or removal of a dam, reservoir, or appurtenant works

For the actual construction work for the construction, enlargement, repair, alteration, or removal of a dam, reservoir, or appurtenant works, the owner or applicant, or both, shall be responsible for providing and complying with the following:

(1) Construction engineer's observation of construction.

(A) Prior to the start of any work on the dam or reservoir, the owner or applicant shall provide a construction engineer, to ensure compliance with the approved plans and specifications, including any approved change orders and the construction quality assurance plan;

(B) The construction engineer shall have ultimate responsibility for the supervision of all inspection tasks and compliance with approved plans and specifications; and

(C) The construction engineer may assign some inspection tasks to a duly authorized agent, under the construction engineer's supervision;

(2) A construction quality assurance plan. A construction quality assurance plan shall be prepared and submitted to the department at least thirty days prior to the start of construction, which details the minimum requirements of the construction engineer's observation of construction. The minimum components of this plan shall include the following as applicable:

(A) Listing of parties and their roles and responsibility;

(B) Names and qualifications of the engineer(s) and staff to be used on the project;

(C) Anticipated construction observation schedule for the construction engineer and staff;

(D) Schedule of observations and inspections (with reference to specification sections), such as the observation of the foundation or other inspections, as deemed appropriate by the department or design engineer;

(E) Schedule of required submittals, including shop drawings (with reference to specification section);

(F) Schedule of construction material tests (with reference to specification section); and

(G) Schedule of construction performance tests (with reference to specification section);

(3) Construction records. The construction engineer shall maintain a record of construction that, at a minimum, shall include: daily activity and progress reports; all test results pertaining to construction; photographs sufficient to provide a record of foundation conditions and various stages of the construction through completion; all geologic information obtained; and construction problems and remedies;

(4) Construction schedule;

(5) Construction emergency action plan;

(6) Labor and material bonds. Where the project construction estimate exceeds $500,000 (including design), the owner shall furnish evidence of a bond for labor and materials for the approved construction or alteration work, unless otherwise allowed by the board;

(7) General liability insurance. Insurance coverage must be maintained for the minimum amounts stipulated by the department, with a provision identifying the department as an additional insured, and evidence of insurance provided to the department prior to the start of construction;

(8) Change order requirements. When unforeseen site conditions or material availability require that the construction work differ significantly from the approved plans and specifications, a change order, including details, must be provided by the construction engineer to the department:

(A) No change shall be executed until approved by the department;

(B) Major changes must be submitted in writing with supporting documentation, and approved in writing by the department;

(C) If the department determines that the proposed construction change order represents a significant modification of the application approval that could have an effect on structural integrity or safe operations of the project, then approval of the change order by the board or department shall be required;

(D) If board approval of the proposed construction change order is required, no action can be taken by the owner to make the construction change until approval is given by the board; and

(E) Minor changes may be transmitted verbally by the construction engineer and. approved by the department verbally, provided documentation of the change is provided to the department within ten days of the approval;

(9) A pre-construction meeting shall be held subsequent to submitting the construction observation and quality assurance plan, but not later than fourteen days prior to start of construction. All parties actively involved in the construction should be requested to attend, such as the dam owner, the design engineer, the construction engineer, the contractor, and the department. At a minimum, the following should be discussed:

(A) Project personnel and roles:

(i) Project communication protocol between the owner, construction engineer, and the department shall be established at the pre-construction meeting; and

(ii) The names of the contractors and any principals in charge shall be furnished to the department at the meeting;

(B) Project schedule;

(C) Special issues:

(i) The means used to divert and carry inflows into the reservoir;

(ii) Reservoir filling requirements; and

(iii) Special permitting requirements;

(D) The contractor's quality control plan, developed by the contractor shall be thoroughly explained, including but not limited to the following:

(i) Identification of the firm that will conduct the construction material tests in the field and in the laboratory;

(ii) Schedule of required submittals, including shop drawings (including ' reference to specification ' section);

(iii) Schedule of construction material tests (including reference to specification section);

(iv) Schedule of construction performance tests (including reference to specification section);

(v) Schedule of notifications to the engineer and the department; and

(vi) Plan for addressing construction difficulties.

(E) Change order procedures;

(F) Maintenance of records;

(G) Notifications- and submittals; and

(H) Construction progress reports;

(10) Reservoir fill'ing plan.

(A) A schedule for the filling of the reservoir specifying the fill rates, water level elevations to be held for observation, and a schedule for inspecting and monitoring the dam;

(B) Upon written request by the owner and for good cause shown, the department may temporarily approve storage of water prior to full compliance with the acceptance of construction. Only a partial reservoir filling will be granted and final acceptance of the construction for full use will not be granted until all the construction completion documents have been satisfactorily completed. The written request shall include:

(i) A schedule for the filling of the reservoir specifying the fill rates, water level elevations to be held for observation, and a schedule for inspecting and, monitoring the dam;

(ii) A draft emergency action plan; and

(iii) A draft operation and maintenance plan;

(11) Completed project documentation.

(A) Submission of required documentation as detailed in section 13-190.1-31;

(B) Topographic survey of completed work including all monuments, inverts, crest alignment, spillways, and significant appurtenant features, when required by the department;

(12) Notifications to the department. The construction engineer shall notify the department of the following:

(A) The date of the start of construction;

(B) Notice for inspection(s), The construction engineer shall give the department at least ten days advance notice of initial materials placement on the dam's foundation, in the cutoff trench, outlet backfill, outlet foundation, and any appurtenance requested by the department in the approval of the plan for construction observation, to allow for observation by the department;

(C) Notice of substantial completion shall be issued by the construction engineer to the department stating that the permitted improvements are functionally complete such that filling of the reservoir can be accomplished;

(D) Notice of final inspection. The construction engineer shall give the department fifteen days advance written notice prior to the project's final construction inspection;

(E) Notice of start of reservoir filling. The construction engineer shall provide notice at least ten days prior to initiating filling of the reservoir, unless otherwise agreed upon at final inspection. Filling of the reservoir shall not commence until concurrence is received from the department;

(13) Suspension of construction or revocation of permit.

(A) Unsafe conditions. If conditions a-re'. revealed which will not permit the construction, enlargement, repair, alteration, or removal of a safe dam or reservoir, the application approval for construction, enlargement, repair, alteration, or removal shall be revoked;

(B) Violation of application approval. If at any time during construction, enlargement, repair, alteration, or removal of a dam or reservoir the department finds that' the work is not being done in accordance with approved plans and specifications, the department shall give a written notice thereof to the owner.

(i) The written notice shall state the specific violations or deficiencies and shall order the immediate compliance with the approved plans and specifications;

(ii) The department may order that no further work be done until compliance has been effected and confirmed by the department or its designated representative;

(iii) If the owner fails to comply with the department's written notice or the approved plans and . specifications, the board shall revoke the application approval and compel the owner to remove the incomplete structure sufficiently to eliminate any safety hazard to life or property.

Notes

Haw. Code R. § 13-190.1-30

[Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 179D-6)