Regulatory Requirements

Construction is among the most hazardous industries: falls, struck-by objects, collapse, electrocution and machinery accidents cause many deaths and injuries every year.

Importance of safety

1. Protects life and health of workers and the public (a moral and legal duty).
2. Reduces accident costs: medical care, compensation, insurance, lost time and damage to equipment.
3. Avoids delay: accidents stop work and may bring a legal case and investigation.
4. Raises productivity and morale: workers who feel safe work better.
5. Legal compliance: the Labour Act 2074, Building Act and codes require safety.
6. Reputation: good safety record helps in winning contracts.
7. Reduces insurance premium and liability.

Safety requirements (regulations) at a site

• Personal protective equipment (PPE): helmets, safety shoes, gloves, goggles, harness, high-visibility vest, ear protection and masks.
• Safe excavation: shoring, barricades, access ladders, spoil kept back from the edge.
• Scaffolding and formwork: sound materials, proper bracing, guard rails and toe boards, inspected before use.
• Work at height: safety nets, harness, lifelines, protected edges and openings.
• Electrical safety: earthed equipment, insulated cables, circuit breakers (RCCB) and qualified electricians.
• Machinery and cranes: trained and licensed operators, regular inspection, guards, load limits and signalling.
• Fire safety: extinguishers, sand buckets, no smoking, safe storage of fuel and explosives.
• Housekeeping: clear walkways, no loose nails, proper disposal of waste.
• Health and welfare: drinking water, toilets, first-aid box, medical facility, rest shed.
• Signs and training: warning signs, toolbox talks and safety induction; a safety officer on site.
• Accident reporting and records; an emergency plan.
• Public safety: fencing, covered walkways and lighting around the site.

Building code

A building code is a set of rules and standards prepared by a government authority, that fix the minimum requirements for the design, materials, construction, safety, health and use of buildings. It is made to protect the life and property of the public.

National Building Code (NBC) of Nepal

Nepal's NBC was prepared in 1994 by the Department of Urban Development and Building Construction (DUDBC) with UNDP support after the 1988 Udayapur earthquake, and was revised later (the revision of NBC 105 was done after the 2015 Gorkha earthquake). Its enforcement is through the Building Act 2055 (1998) and the municipal building bye-laws. The codes are numbered in series:

• 100 series: design requirements (e.g. NBC 102 loads, 105 seismic design, 109 masonry, 110 concrete, 111 steel).
• 200 series: mandatory rules of thumb for small buildings (NBC 201 RC buildings with masonry infill, 202 load-bearing masonry, 205 ordinary RC building, 206 architectural design, 207 electrical).
• 300 series: guidelines for earthquake-resistant building construction.

Use

• To design and construct earthquake-resistant, safe buildings.
• A basis for building permits and approval by the municipality.
• Standard for engineers, contractors and inspectors.
• Basis for inspection and legal action against violations.

Requirements

• Structural design for dead, live, wind, earthquake and other loads.
• Minimum material quality and workmanship.
• Fire safety, exits, ventilation, lighting, sanitation and services.
• Architectural requirements: setbacks, room sizes, heights, accessibility.
• Documentation by licensed engineers and submission of drawings.

Quality control

The code also requires quality control: testing of materials (cement, steel, aggregates, bricks), concrete cube tests, inspections of foundation, reinforcement and masonry by an engineer, supervision records, and checking of as-built drawings and completion certificates.

Causes of accidents on a construction site

Unsafe acts (human causes)

• Not using PPE; carelessness; horseplay; working under the influence of alcohol.
• Lack of training or skill; fatigue and haste.
• Ignoring instructions and safety rules.

Unsafe conditions (physical causes)

• Poor scaffolding and formwork, unprotected edges and openings.
• Unsafe excavation without shoring; slope failure.
• Faulty electrical wiring, no earthing; exposed live wires.
• Poor housekeeping; slippery or cluttered floors.
• Poor lighting, noise, dust and bad weather.
• Defective tools, machines and cranes; unguarded moving parts.
• Fire hazards, bad storage of materials.

Management causes

• No safety policy or officer; poor supervision.
• Time pressure and cost cutting; lack of training and induction.
• Poor planning of the site layout.

Minimising accidents

1. Prepare and follow a site safety plan; appoint a safety officer.
2. Train workers (induction, toolbox talks) and supervise them.
3. Compulsory PPE.
4. Safe scaffolds, formwork, shoring, guard rails and nets.
5. Electrical safety: earthing, RCCB, trained electricians.
6. Good housekeeping, lighting and clear access.
7. Fire protection and first aid.
8. Regular inspections and quick correction of hazards; accident record and analysis.
9. Safety rewards and discipline.

Factors to reduce accidents when working with machines

• Only trained, licensed operators and helpers.
• Regular maintenance and checks (brakes, hooks, ropes, hydraulics) before each use.
• Guards on moving parts; warning horns and lights; reversing alarms.
• Do not exceed the rated load or work on unstable ground; use outriggers.
• A signaller for crane and heavy equipment movements; clear zone with barricades.
• Keep workers outside the swing radius and under no suspended load.
• Safe fuelling, and locked-out power when repairing.
• Proper parking, wheel chocks and a ban on carrying passengers.

Need for regulatory requirements

Regulatory requirements (acts, codes, bye-laws, standards, permits) are needed in construction because:

1. Public safety: structures must be strong, fire-safe and healthy to prevent collapse and loss of life.
2. Minimum quality: they set minimum standards for design, materials and workmanship.
3. Orderly development: control land use, setbacks, height and density.
4. Protection of the environment: noise, dust, waste, drainage and tree cover.
5. Protection of rights: of neighbours, workers (labour laws), consumers and the public.
6. Uniform and fair practice for all contractors and designers; accountability in case of failure.
7. Safe and equitable access such as for people with disabilities.
8. Insurance, finance and legal acceptance need compliance.

How building codes help urban planning

1. Land use and zoning: the bye-laws fix permitted uses, floor area ratio (FAR), ground coverage and building height for each zone, so that the city grows in a planned way.
2. Setbacks and right-of-way: they keep roads wide enough, preserve light, air and privacy, and allow fire engines and emergency access.
3. Density control: limits on height and FAR prevent overcrowding and overloading of services.
4. Infrastructure planning: water, sewerage, electricity and roads can be planned with the known density.
5. Safety and disaster risk reduction: earthquake-resistant design, fire exits, open spaces and refuge areas make cities resilient.
6. Health and environment: ventilation, sanitation, green space, rain water drainage and waste management.
7. Aesthetics and heritage: control of facades, signboards and protection of heritage areas such as the Kathmandu Valley.
8. Parking and traffic: parking requirement reduces congestion.
9. Orderly growth and reduction of unplanned settlement; easier building permit and monitoring.

Fire regulations are legal rules to prevent fire, limit its spread, and give people time and routes to escape. On construction sites, fire can start from welding and cutting, electrical faults, smoking, storage of fuel, paints and solvents, and burning of waste. Nepal's NBC 107 (fire safety) and the municipal bye-laws and the Fire Safety guidelines apply.

Requirements at the site

1. Prevention: no smoking and open fire near flammable material; hot work permit for welding; safe storage of petrol, diesel, paint and gas cylinders away from the working area and in a ventilated, signed store; proper electrical wiring and earthing.
2. Good housekeeping: remove waste, shavings and packing materials regularly.
3. Fire fighting equipment: extinguishers (water, CO₂, dry powder) at suitable places, sand buckets, water tank and hose, and a stored supply of water; equipment inspected regularly.
4. Alarm and communication: alarm bell or siren, emergency telephone numbers (fire brigade, 101), clear notice board.
5. Means of escape: clear exits and stairs, no blockage; escape routes marked; an assembly point.
6. Fire-resistant temporary structures: site offices, labour camp and storage built from non-combustible material with adequate spacing.
7. Training and drills: workers trained to use extinguishers and to evacuate; fire wardens appointed.
8. Access for fire engines to the site and a hydrant or water source.
9. Records and emergency plan, and reporting of fire incidents.
10. Permanent building design: fire-resisting materials, compartments, fire doors, fire stairs, sprinkler and alarm system according to building height and use.

The Nepal National Building Code (NBC) was prepared by the Department of Urban Development and Building Construction (DUDBC) in 1993–94, with UNDP and Swiss support, and approved by the government in 1994 after the 1988 Udayapur earthquake.

Hierarchy

NBC is arranged as a set of documents in three groups of increasing detail:

• Tier 1 – Requirements for state-of-the-art design (NBC 000–114): the main code documents for engineer-designed buildings, e.g. NBC 000 requirements, 101 materials, 102 unit weights, 103 occupancy loads, 104 wind loads, 105 seismic design, 106 snow loads, 107 fire protection, 108 site consideration, 109 masonry, 110 concrete, 111 steel, 112 timber, 113 aluminium and 114 construction safety.
• Tier 2 – Mandatory Rules of Thumb (NBC 200 series): for ordinary buildings up to a limited size, without detailed calculations, e.g. NBC 201 (RC with masonry infill), 202 (load-bearing masonry), 205 (RC buildings without masonry infill), 206 (architectural design), 207 (electrical) and 208 (sanitary).
• Tier 3 – Guidelines (NBC 300 series): for earthquake-resistant construction of low-strength masonry, simple buildings and for the owner-built houses.

The legal base is the Building Act 2055 (1998), the Building Rules, the Local Government Operation Act 2074 and the municipal building bye-laws.

Implementation status

• NBC is mandatory for municipalities, as building permits are issued only if the design follows the code; since 2072 BS (post Gorkha earthquake 2015) more municipalities have applied it, and the Mandatory Rules of Thumb is the basis for ordinary buildings.
• Weaknesses: poor enforcement in rural areas, limited trained inspectors, no inspection after the permit stage, informal construction, and low awareness. DUDBC and local governments are working on a revised code (e.g. updated NBC 105:2020) and capacity building.

Building bye-laws are the local regulations made by a municipality or local authority to control the planning, design and construction of buildings in its area, so that development is safe, orderly and healthy. In Nepal, municipalities prepare them under the Local Government Operation Act 2074 and the Building Act 2055, following the National Building Code.

Requirements (typical contents)

1. Land use zoning: residential, commercial, industrial, institutional, and the allowed use of each plot.
2. Plot and ground coverage: maximum ground coverage and floor area ratio (FAR).
3. Height limit: building height and number of storeys.
4. Setbacks and right of way: minimum distance from the road centre line and plot boundary.
5. Room sizes, ventilation and light, minimum height of rooms, kitchen and toilet requirements.
6. Parking, open space and access.
7. Structural safety: design according to NBC by a licensed engineer; soil test for large buildings.
8. Fire safety, sanitation, rainwater drainage, septic tank and water supply.
9. Permit procedure: application with drawings, land ownership certificate, tax clearance, approval, construction supervision and completion certificate.
10. Other: accessibility for the disabled, signboards, heritage zones, penalty for violation.

Insurance transfers the financial risk of loss during construction from the contractor and owner to an insurance company, in return for a premium. Construction involves many uncertain events, so insurance is necessary.

Reasons

1. Covers physical loss and damage to the works, materials and equipment from fire, flood, earthquake, landslide, theft, and storm: Contractors' All Risk (CAR) insurance is the common policy.
2. Third-party liability: pays compensation for injury or damage to the public or neighbouring property.
3. Workers' compensation and accident insurance: covers injury or death of workers, as required by the Labour Act and contract conditions.
4. Protects the financial position of the contractor, so that a big loss does not cause bankruptcy or stoppage of the project.
5. Contract requirement: the public procurement documents require the contractor to insure the works, equipment and workers.
6. Reduces disputes about who pays for the loss and keeps the project going after an accident.
7. Confidence for lenders and the client, which helps to get finance and bank guarantees.
8. Other insurances: transit (marine) insurance for materials, professional indemnity for the designer, equipment (machinery breakdown) insurance.

Example: a heavy rain washes away part of an embankment; the CAR policy pays for reinstatement, so the contractor can complete the work without a major loss.