Licence terms and conditions

Section 3 - Scaffold licence terms and conditions
1.  The highway will always be kept in a neat and tidy condition and free from any form of obstruction.
2.  Each scaffold shall, while on or within the highway comply with the Traffic Safety Code (Part 1 – Lighting and Guarding Obstructions) and shall be marked, guarded and lit in accordance with the following requirements:
•    Each scaffold sited in the carriageway shall be guarded in accordance with Chapter 8 of the Department for Transport’s Traffic Signs Manual.
•    Company name, office hour’s telephone number and emergency out of hours contact telephone number to be clearly displayed always.
•    At night (between 30 minutes before sunset and 30 minutes after sunrise) and if sited in or within 450mm of a carriageway, each vertical standard shall be lit and that each lamp remains lit throughout the night.
•    If sited within 450mm of the carriageway, there shall be placed white painted sleepers with cones attached to them to be sited next to the structure.
•    Vertical standards are to be painted white for a minimum of 2.5 metres from pavement level.
3.  Except for cases covered in clause 4 below the scaffolding shall be erected entirely off the carriageway and shall provide a clear passageway for pedestrians of at least 1.5m whilst providing a clearance of at least 450mm between the scaffolding and the carriageway edge.  Where footways are greater than 2.5 in width the Traffic Manager (TM), at his discretion, may require a wider clear passageway through the scaffolding as a condition of issuing a licence and his advice and written approval must be sought.  Where the highway users are intended to pass under the scaffolding the minimum headroom to be provided shall be as specified as for ‘fans’ in clause 9 below.
4.  Where it is not possible to comply with the foregoing owing to a narrow footway width, the TM’s permission in writing must be sought either to: 1) allow reduced widths or 2) to encroach into the carriageway. In both 1) and 2) the TM will need to be satisfied that the site is suitable and in the case of 2), that adequate provisions are made for the continuing safe passage of pedestrians, including any necessary walkways, ramps, decking, lighting and restrains against any intrusion by vehicles.
5.  In areas not intended to be accessible to pedestrians on the highway, safety fencing or boarding shall be erected to preclude access or other measures may be used if agreed in writing by the TM.
6.  As soon as erected, all scaffolding below 2.1m shall be adequately colour contrasted by using adhesive tape, plastic sleeves or by painting in white or bright yellow.  Temporary close-boarded structures delineating a footway shall be similarly painted below 2.1m.
7.  All necessary and all reasonable measures shall be used to prevent damage to the highway caused by the scaffolding or incidental to the placement of the scaffolding on the highway.
8.  Tapping boards and waist rails shall be provided adjacent to and parallel with pedestrian flow.
9.  No projections are permitted over the highway outside the standards except in connections with fans, in which case the minimum headroom shall be 5.1m where this is above a carriageway or within 450mm of the edge of a carriageway and 2.15m elsewhere.
10. All necessary and all reasonable measures shall be taken to ensure the safety of the public. 
11. Where a chute is included in the application, the scaffolding immediately above pedestrian level shall be solidly decked with vertical boarding below this level to screen pedestrians from the chute.  Tarpaulin or similar fabric shall be provided at the chute’s point of discharge to prevent debris from bouncing, and/or sheeting if this is necessary to mitigate dust nuisance.  Hoists or chutes are not covered by this licence unless they were included on the application form, in which case they must be installed in a position agreed in writing by the TM.
12. Scaffolding shall be lit using amber electrically powered lights during the hours of darkness (30 minutes before sunset and 30 minutes after sunrise).
13. No scaffolding shall be erected where this would obscure traffic lights, traffic signs or street lights without the TM’s specific approval in writing.  If the TM’s approval in writing is obtained, temporary lights, signals and signs may be required, which will be at the scaffolding contractor’s cost.
14. No scaffolding shall be attached to street furniture.
15. No scaffolding shall be erected where it could affect the use of pedestrian crossings or bus stops unless special provisions can be made which meet the TM’s specific written approval.
16. No scaffolding shall be permitted upon the highway during annual bonfire celebrations.
17. At all times, including during erection and dismantling of the scaffolding, the requirements of Chapter 8 of the current Traffic Signs Manual, including amendments shall be met (except in relation to the marking of scaffolding for the visually impaired which shall be carried out in accordance with paragraph 6 above), and signs, barriers etc. erected shall be kept clean.
18. No elements of scaffolding shall be placed on the highway prior to commencement of the license period, which is stated in Section 7, and all elements of the scaffolding shall be removed, and the highway left unobstructed and clean at the expiry of the license period, which is stated in Section 7, (or when the scaffolding is no longer required, whichever is the sooner).  In this context, unassembled elements of scaffolding shall not be left anywhere on the highway without being signed in accordance with Chapter 8 and in any event, shall not be so present for more than 24 hours either before erection or after dismantling.
19. A 24-hour telephone number or the emergency or 24-hour number of the person responsible for maintaining the scaffolding, shall be clearly displayed on the scaffolding.
20. ESH reserves the right to inspect the site before, during and after the operation has been completed. If ESH considers that the scaffold has damaged or altered the highway in any way, such damage must be made good to the satisfaction of the TM. In the event of failure to comply, East Sussex Highways must be reimbursed all costs incurred in carrying out repairs.   If no inspection has been carried out to confirm the existing state of the highway prior to the operation, pay any reasonable charges specified by ESH if it considers the highway has been damaged. 
21. Should this licence be cancelled; the licence fee will still apply and is non-refundable.
22. The Licence fee as shown in the Fee Table is for a period of 28 days and must be paid at the point of application and prior to the issue of the licence.
23. Any extension of the licence must be applied for at least five working days before the expiry of the licence.  Any request to amend the date and or backdate following expiry of the licence will be declined and a new licence application and payment must be made including the addition of a pro-rata amount from the expiry date of the initial licence to the date of the new application.
24. There will be an additional fee/charge for every site visit that East Sussex Highways has to make following any reported infringements of any of the terms and conditions of the licence and for avoidance of doubt this includes the terms and conditions of the licence.
25. Full details of the scaffolding, including plans and traffic/pedestrian management plans must be provided at the application stage. These plans must adhere to the regulations set out in Chapter 8 of the Traffic Signs Manual 1991 and the Safety at Street and Road Works Code of Practice.  ESH Network Assurance will examine proposals and may amend them if there are areas of concern. If any amendments are found to be necessary, a revised plan must be re-submitted.
26. The Licensee shall permit access to any Undertaker as defined by the New Roads and Street Works Act 1991 and shall if required remove the Hoarding as necessary to provide such access including but not limited to highway maintenance activities.
27. The licensee shall indemnify the licensor against all claims for legal liability arising from the issue of this licence for which East Sussex Highways could otherwise be responsible and provide public liability cover to an adequate level and this shall not be less than £10m.
28. Any damage caused to the highway from the act of delivering, placing, or removing the structure may be repaired by the Licensor and the Licensee must indemnify the Licensor on demand against any costs incurred by the Licensor in connection with such repairs in this instance. Alternatively, the licensee may be responsible for making good to the satisfaction of East Sussex Highways, the appropriate licence or permissions may be required to do so.
1.    29. East Sussex Highways reserves the right to alter, add special conditions or cancel this licence at any time with reasonable cause. Should this licence be cancelled at any time, the licence fees will still apply.