safety fencing for flood control channel

[cvg]

I am designing improvements for a flood control channel through a partially urbanized area. The existing earth channel right of way is partially fenced along one side. The new design calls for stacked gabion bank lining in certain areas (near rectangular section), drop structures in the channel, other portions of the channel are trapezoidal with earth or gabion banks. Side slopes range from 2H:1V to 3H:1V. Typical channel depth is 5 - 7 feet with at least one area near a box culvert outlet having 11 foot stacked gabion banks.

Both the sloped and stacked gabion banks will prevent a safety concern for pedestrians using the multi use trail/access road along the edges. Low water crossings at two locations will allow access to the channel, even if it is fenced.

There has been considerable discussion on whether to fence the right of way, put fence or railing along the edge of the channel - or not to bother since there is no way to keep people out of the channel. Either way, the owner is liable if somebody gets injured or drowns.

Any opinions or suggestions on how to reduce the owners (and designers) liability in this regard are welcomed. Chuck
cgopperton@stantec.com

http://www.stantec.com/

 

[gibfrog]

Use 6' galvinized heavy duty chain link fence (w/4"x4" max openings) at the top of bank (or 1' off edge of pathway) and on both sides of the low water crossings. For the low water crossings, it may be attached to the outside of a wooden railing for function and aestetics. Install 10' min opening locked gateways for maintenance and potential first aid for moron fence jumpers at appropiate locations at top of bank/low water crossings. You may consider an alternate fencing which is allowed in your jurisdiction for attractive nuisances such as steep banked ponds/watercourses/?pools?.
Of course morons may always jump a fence, but if you do not excercise due dilligence in using commonly accepted preventive methods, you may be condsidered liable when a moron falls into the channel and drowns in 4" of water.
Consult with town/city attorney on fencing and appropiate signage. Consult your local building code for barrier requirements.
Best of Luck.... Clifford H Laubstein
FL Registered PE 58662

 

[matthew88]

Everything gibfrog said, plus KEEP A COMPLETE AND ACCURATE LOG OF EVERY CONVERSATION YOU HAVE WITH MUNICIPAL OFFICIALS. Their guidance will be valuable but unless you can document that guidance in the event of litigation (god forbid) you can still be held liable.

 

[sta7240]

You will need to provide adequate fencing to keep kids out of this area. Kids are prone to getting into areas they shouldn't. Several years ago, a child drowned in this state when she was sucked through a long culvert during a hurricane. People can argue that she shouldn't have been near the culvert during a hurricane but the fact remains that she was, and the responsible parties could be liable. There was a recent article in ENR where a kid hopped a fence into a construction site and got hurt. Even though the site was fenced off and signs were posted, I believe the contractor was still held partially liable. Under this context I think you should design whatever safety measures that are necessary to safeguard against accidents. You have to do what is reasonable and beyond what is reasonable to have a chance of remaining free of liability.

 

[dicksewerrat]

Put an eclosed walkway thruogh the low areas. Most DOT's have a design for walkways over freeways. In actuallity you have to build a fence up the side and over the top. Unfortunately when the channel floods it will be washed away. Good luck.

 

[n3rei]

Hi!
Another consideration if the problem is really a dangerous one, is to pipe it, and place inlets.

This is why urban roads have curb and gutter and we use inlets, otherwise we would'nt need them, RIGHT!!!