Building (Dam Safety) Regulations 2008

  • latest version but not yet in force

Reprint
as at 1 June 2012

Coat of Arms of New Zealand

Building (Dam Safety) Regulations 2008

(SR 2008/208)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 7th day of July 2008  

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Building and Housing.

Pursuant to sections 149 and 402(1)(k) and (x) of the Building Act 2004, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister (as defined by section 7 of that Act), makes the following regulations.

Regulations

1 Title

  • These regulations are the Building (Dam Safety) Regulations 2008.

2 Commencement

  • These regulations come into force on 1 July 2014.

    Regulation 2: amended, on 1 June 2012, by regulation 4 of the Building (Dam Safety) Amendment Regulations 2012 (SR 2012/71).

3 Interpretation

  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Building Act 2004

    Competency Assessment Board means the Competency Assessment Board appointed under Part 5 of the Chartered Professional Engineers of New Zealand Rules (No 2) 2002

    population at risk means the number of people likely to be affected by inundation greater than 0.5 metres in depth

    specified categories are residential infrastructure, critical or major infrastructure (both damage caused and time to restore to operation), natural environment, and community recovery time.

    (2) Terms or expressions used and not defined in these regulations but defined in the Act have, in these regulations, the same meanings as they have in the Act.

4 Dam classification

  • A dam classification is to be determined by undertaking the following steps:

    • (a) identify the effect that an uncontrolled release of the reservoir due to a failure of the dam when full would have on each of the specified categories; and

    • (b) use table 1 of Schedule 1 to determine the assessed damage level by assessing whether the damage level in each of the specified categories is catastrophic, major, moderate, or minimal then selecting the highest damage level; and

    • (c) estimate the population at risk; and

    • (d) use table 2 of Schedule 1 to determine the dam classification by correlating the assessed damage level with the estimated population at risk.

5 Competencies for category A recognised engineers

  • (1) A category A recognised engineer is an engineer who meets the requirements set out in section 149(1)(a) and (b) of the Act and is assessed by the Competency Assessment Board as demonstrating that he or she is able to practise competently in the area of dam safety engineering to the reasonable standard of a professional engineer practising in that area.

    (2) The extent to which the person has experience and knowledge in any or all of the following things must be taken into account when assessing whether that person meets the standard in subclause (1):

    • (a) geotechnical principles:

    • (b) design principles including structural geotechnical seismic hydrologic and hydraulic principles:

    • (c) dam construction techniques:

    • (d) operation and maintenance of dams:

    • (e) surveillance processes:

    • (f) response to dam safety issues:

    • (g) emergency planning:

    • (h) emergency response:

    • (i) resolution of potential dam safety deficiencies:

    • (j) dam safety critical plant systems.

6 Competencies for category B recognised engineers

  • A category B recognised engineer is an engineer who meets the requirements set out in section 149(1)(a) and (b) of the Act and who has general civil engineering ability and experience.

7 Audit of dam classification and audit and review of dam safety assurance programme by recognised engineers

  • (1) A category A recognised engineer may, in relation to any dam, issue the following certificates:

    • (a) following a dam classification audit, a dam classification certificate in form 1 of Schedule 2:

    • (b) following a dam safety assurance programme audit, a certificate in form 2 of Schedule 2:

    • (c) following a review of a dam safety assurance programme carried out under section 150 of the Act, a certificate in form 3 of Schedule 2.

    (2) A category B recognised engineer may, in relation only to a low potential impact dam, issue a dam classification certificate in form 1 of Schedule 2 following a dam classification audit.

8 Criteria and standards for dam safety assurance programme

  • (1) This regulation sets out the criteria and standards for dam safety that a dam safety assurance programme must meet.

    (2) A dam safety assurance programme must—

    • (a) be consistent with the dam safety management principles related to operation, maintenance, surveillance, and emergency action planning as provided in the New Zealand Dam Safety Guidelines (published by the New Zealand Society on Large Dams, November 2000); and

    • (b) be appropriate to the type and size of the dam and the dam classification given to the dam under regulation 4.

    (3) Every dam safety assurance programme must contain the following:

    • (a) requirements for and frequency of surveillance, routine visual inspections, instrument monitoring, data evaluation, and reporting to the dam owner:

    • (b) requirements for annual dam safety reviews:

    • (c) requirements for comprehensive dam safety reviews:

    • (d) details of an emergency action plan:

    • (e) requirements for inspection of appurtenant structures, including testing of gates and valves that contribute to reservoir safety:

    • (f) procedures for the investigation, assessment, and resolution of dam safety deficiencies.

9 Dam classification certificate

  • A dam classification certificate must—

    • (a) be in form 1 of Schedule 2; and

    • (b) contain the information requested in the form.

10 Dam safety assurance programme

  • A dam safety assurance programme must—

    • (a) be in form 2 of Schedule 2; and

    • (b) contain the information requested in the form and include any documentation required to be attached.

11 Annual dam compliance certificate

  • An annual dam compliance certificate must—

    • (a) be in form 3 of Schedule 2; and

    • (b) contain the information requested in the form.

Schedule 1
Dam classification

r 4

Table 1—Determination of assessed damage level

Damage level Specified categories
  Residential houses1 Critical or major infrastructure2 Natural environment Community recovery time
    Damage Time to restore to operation3    
Catastrophic More than 50 houses destroyed Extensive and widespread destruction of and damage to several major infrastructure components More than 1 year Extensive and widespread damage Many years
Major 4 to 49 houses destroyed and a number of houses damaged Extensive destruction of and damage to more than 1 major infrastructure component Up to 12 months Heavy damage and costly restoration Years
Moderate 1 to 3 houses destroyed and some damaged Significant damage to at least 1 major infrastructure component Up to 3 months Significant but recoverable damage Months
Minimal Minor damage Minor damage to major infrastructure components Up to 1 week Short-term damage Days to weeks
Notes
1

In relation to residential houses, destroyed means rendered uninhabitable.

 
2

Includes—

  • (a) lifelines (power supply, water supply, gas supply, transportations systems, wastewater treatment, telecommunications (network mains and nodes rather than local connections)); and

  • (b) emergency facilities (hospitals, police, fire services); and

  • (c) large industrial, commercial, or community facilities, the loss of which would have a significant impact on the community; and

  • (d) the dam, if the service the dam provides is critical to the community and that service cannot be provided by alternative means.

 
3

The estimated time required to repair the damage sufficiently to return the critical or major infrastructure to normal operation.

 

Table 2—Determination of dam classification

Assessed damage level Population at risk (PAR)
  0 1 to 10 11 to 100 More than 100
Catastrophic High potential impact High High High
Major Medium potential impact Medium/High (see note 4) High High
Moderate Low potential impact Low/Medium/High (see notes 3 and 4) Medium/High (see note 4) Medium/High (see notes 2 and 4)
Minimal Low potential impact Low/Medium/High (see notes 1, 3, and 4) Low/Medium/High (see notes 1, 3, and 4) Low/Medium/High (see notes 1, 3, and 4)
Notes
1

With a PAR of 5 or more people, it is unlikely that the potential impact will be low.

 
2

With a PAR of more than 100 people, it is unlikely that the potential impact will be medium.

 
3

Use a medium classification if it is highly likely that a life will be lost.

 
4

Use a high classification if it is highly likely that 2 or more lives will be lost.

 

Schedule 2
Forms

rr 7, 9, 10, 11

Form 1
Dam classification certificate

Sections 135 and 139, Building Act 2004

Dam

Dam name:

Date of construction:

Resource consent number or identification (if applicable):

Location of dam:

Purpose of dam:

Type of dam:

Height of dam (in metres):

Reservoir maximum capacity (in cubic metres):

Description of spillway or flood control facility:

Flood capacity (in cubic metres per second):

Changes in design or operation since construction:

Potential impact classification:

Relevant regional authority:

Owner

Name of owner:

Name of operator (if different from owner):

Contact person:

Postal address:

Residential address:

Certificate of recognised engineer

I certify that the classification of the above dam as a [specify low, medium, or high] potential impact dam accords with the methodology for classifying a dam set out in regulation 4 of the Building (Dam Safety) Regulations 2008.

I am a [specify whether category A or category B] recognised engineer in accordance with section 149 of the Building Act 2004.

I have attached evidence that I am a [specify whether category A or category B] recognised engineer.

Date:

Signature of recognised engineer:

Full name of recognised engineer:

CPEng registration number:

Form 2
Dam safety assurance programme

Sections 141 and 142, Building Act 2004

Dam safety assurance programme

The dam safety assurance programme consists of this form, the attached documents, and any other referenced documents.

Dam

Dam name:

Date of construction:

Resource consent number or identification (if applicable):

Location of dam:

Purpose of dam:

Type of dam:

Height of dam (in metres):

Reservoir maximum capacity (in cubic metres):

Description of spillway or flood control facility:

Flood capacity (in cubic metres per second):

Changes in design or operation since construction:

Potential impact classification:

Relevant regional authority:

Owner

Name of owner:

Name of operator (if different from owner):

Contact person:

Postal address:

Residential address:

Summary of compliance with criteria and standards

Please attach a brief summary of how each of the criteria and standards set out in regulation 8 of the Building (Dam Safety) Regulations 2008 have been addressed and indicate where these are addressed in the dam safety assurance programme.

  • 1Describe briefly and/or reference how each of the following have been adequately addressed for the dam:

    • (a)surveillance requirements, including accurate records detailing the safety performance of the dam and that appropriate actions are taken when potential deficiencies or adverse data trends are identified:

    • (b)the frequency for routine visual inspections:

    • (c)instrument monitoring and data evaluation:

    • (d)reporting to the dam owner.

  • 2Describe and/or reference the requirements for annual dam safety reviews of the dam.

  • 3Describe and/or reference the requirements and frequency for comprehensive dam safety reviews of the dam.

  • 4Summarise and/or reference your emergency action plan including—

    • (a)responsibilities:

    • (b)emergency identification procedures:

    • (c)notification procedures and contact lists:

    • (d)dam breach inundation maps.

  • 5Describe and/or reference the requirements to inspect appurtenant structures, including testing of gates and valves that contribute to reservoir safety.

  • 6Describe and/or reference the procedures for the investigation, assessment, and resolution of dam safety deficiencies.

Documentation of dam safety assurance programme

  • 1List the location of all documentation, manuals, and publications referred to in the dam safety assurance programme if applicable: [list]

  • 2State the location(s) of the dam safety assurance programme: [location(s)]

  • 3State the appropriate contact person with respect to the dam safety assurance programme and supporting referenced material—

Name:

Contact details:

The documents that form the dam safety assurance programme are attached as follows: [list documents]

Certificate of recognised engineer

I certify that the dam safety assurance programme prepared for the above dam meets the methodology for classifying a dam set out in regulation 4 of the Building (Dam Safety) Regulations 2008.

I am a category A recognised engineer in accordance with section 149 of the Building Act 2004.

I have attached evidence that I am a category A recognised engineer.

Date:

Signature of recognised engineer:

Full name of recognised engineer:

CPEng registration number:

Form 3
Annual dam compliance certificate

Section 150, Building Act 2004

Dam

Dam name:

Date of construction:

Resource consent number or identification (if applicable):

Location of dam:

Purpose of dam:

Type of dam:

Height of dam (in metres):

Reservoir maximum capacity (in cubic metres):

Description of spillway or flood control facility:

Flood capacity (in cubic metres per second):

Changes in design or operation since construction:

Potential impact classification:

Date of approval of the dam safety assurance programme:

Date that approval of the dam safety assurance programme expires:

Relevant regional authority:

Owner

Name of owner:

Name of operator (if different from owner):

Contact person:

Postal address:

Residential address:

Compliance

All the procedures in the dam safety assurance programme have been complied with during the previous 12 months.

Date:

Signature of dam owner:

Full name of dam owner:

Certificate of recognised engineer

I have reviewed the owner’s reports and other documents relating to the procedures in the dam safety assurance programme that the owner has followed in the previous 12 months.

All procedures of the dam safety assurance programme have been fully complied with during the previous 12 months.

I am a category A recognised engineer in accordance with section 149 of the Building Act 2004.

I have attached evidence that I am a category A recognised engineer.

Date:

Signature of recognised engineer:

Full name of recognised engineer:

CPEng registration number:

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 10 July 2008.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Building (Dam Safety) Regulations 2008. The reprint incorporates all the amendments to the regulations as at 1 June 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)