DIR 08/20 | COVID-19 Pandemic: Periti within vulnerable groups // UPDATED

 

UPDATED: 28/03/2020

On Thursday 26^th March 2020, the Deputy Prime Minister and Minister for Health Mr Chris Fearne gave notice of new restrictions that will be brought into force on Saturday 28^th March 2020.

These measures were brought into force through Legal Notice 111 of 2020, and prohibit vulnerable individuals from leaving their place of residence, as outline therein.

These measures include an order prohibiting vulnerable individuals from leaving their place of residence. The list of vulnerable groups published in the COVID Bulletin Issue No 15 includes:

 

• Are over 65 years old
• Are pregnant
• Suffer from chronic illness
• Are insulin dependent diabetics
• Are on biological medication
• Had chemotherapy in the last six months
• Are undergoing immunosuppression (eg. had a transplant or HIV treatment)
• Are on renal dialysis
• Have respiratory problems and needed treatment in the last year
• Had cardiac problems in the last six months
• Are on oral steroids

 

In addition, those who live with people in this category will have to observe the lockdown or find alternative accommodation.

In view of such restrictions, and until further notice, periti in the above categories, or who live with people in such categories, are to immediately notify their clients of the restrictions imposed on them. In addition periti affected by these restrictions, and who are not in a position to delegate their responsibilities, are to follow the procedures outlined below:

1. For all works where the closure of the construction site[1] does not pose any risk of danger or damage to the site itself or adjacent third parties[2], immediately submit a Notification COVID-19 KTP-01 (Vulnerable persons)_no risk using the template provided.

 

2. For all works where the closure of the construction site poses a risk of minor damage to the site and/or adjacent third parties, immediately submit a Notification COVID-19 KTP-02 using the template provided. In this case, the Developer[3] is to be notified to forward such Notification to all affected third parties. It is recommended that you advise the Developer and their appointed Contractor/s to also submit to their respective insurance providers.

 

3. For works where the closure of the construction site poses a risk of significant damage to, and/or a risk to the structural stability of, the site and/or adjacent third parties, immediately submit a Request for dispensation COVID-19 KTP 03_(Vulnerable persons)_risk to structural stability or significant damage using the template provided. In this case, no works that require the direction of the perit are to proceed until the dispensation is issued from the Superintendent of Public Health, and thereafter works are to proceed strictly in accordance with the content of the request for dispensation. In this case, the Developer is to be notified to inform any affected third parties. Once the works for which dispensation has been granted are complete, the perit is to proceed in accordance with points 1 or 2 accordingly.

 

4. For works outlined in point 3 above, and where the perit is minded to not request dispensation from the Superintendent in view of the overriding reasons of public health, the perit is to immediately contact the Kamra tal-Periti for further guidance, outlining the sites which pose concern and the proposed way forward accordingly. Reference is also made to Directive 07/20 in this regard.

 

With respect to the cases outlined in point 3 above, periti are also encouraged to contact the Kamra tal-Periti if they require any specific guidance depending on the nature of the works under way.

 

In all cases, the relevant Notices are to be submitted to the following:

 

Superintendent of Public Health:

sph.health@gov.mt

 

Building and Construction Agency:

Upload to eApps under the Avoidance of Damage to Third Parties tab

 

Planning Authority:

Upload to eApps under Correspondence

 

Commissioner of Police:

Via email to pulizija@gov.mt​

 

Local Council of the Locality:

Via email – refer to https://localgovernment.gov.mt/en/lc/Pages/Local-Councils-Landing-Page.aspx/

 

Kamra tal-Periti:

buildingregs@kamratalperiti.org

 

Your Professional Indemnity Insurance provider:

As applicable

 

Additionally to (as applicable):

Client and/or site owner/s; Mason; Contractor/s; Project Supervisor in terms of LN 88 of 2018; any appointed Consultants

 

The relevant notices are to be issued on your letterhead and may be amended accordingly depending on the specific situation.

 

In addition, in all cases, the Project Supervisor is to be specifically instructed to ensure that the site is sealed off to prevent access by unauthorised persons.

 

 

As at the time of issuance of this Directive, the relevant Legal Notice had not as yet been published by Government. In view of this, periti are requested to follow further notifications from the Kamra that may slightly alter or affect this Directive once the Legal Notice is published.

With respect to periti who live with people in these vulnerable groups, while there is currently no restriction on their gong out to work, it is advisable to prepare yourselves for such eventuality.

 

Perit Simone Vella Lenicker

President

[1] For the purposes of this Directive a “construction site” means any open site where ongoing works involve demolition, site clearance, excavation, construction, finishes and/or services, and which are being carried out under your direction;

[2] For the purposes of this Directive “adjacent third parties” means any third party and/or their property and includes private and/or public third parties as well as the general public;

[3] For the purposes of this Directive “developer” has the same meaning ascribed to it in Legal Notice 136 of 2019.