Cabling and Bracing legislation

[kano]

Hi,
I am doing some study on different cabling and bracing techniques and hardware, but am finding it hard to find any legal responsibilities of the Arborist and other legislation that might be relevant,
I am situated in Australia in which does not have any standards for tree support systems, I am very familar with ANSI A300 and ZTV German Standards but even these do not venture much into legislation and legal responibilities.
I would appreciate any info that might be helpfull.
Cheers

 

[treeseer]

not cl3ear what you are searching for--why would there be legislation?

the arborist has the same responsibilities in all work--be reasonable, prudent, and compliant with industry standards.

below is fromView attachment 181613 the attached, which might look familiar.

A disclaimer is a useful tool because it limits liability by describing the limitations faced by consultants and other contractors. Item 10 below is adapted from the disclaimer in the Guide for Plant Appraisal:

“10. Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without climbing, dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the plants or property in question may not arise in the future.”
When cabling was proposed for a cracked sweetgum tree in another municipality, the Public Works Director asked if the contractor would provide a guarantee. While it is common sense that trees cannot be guaranteed against failure, it seemed reasonable to guarantee what could be controlled. Item 11 is that contractor’s guarantee, which was also attached to the disclaimer with the Thoburn Oak report:


11. “The materials and workmanship involved in the cabling system are guaranteed to be free of substantial defects. The Extra High Strength (EHS) cable shall comply with ASTM A475, Standard Specification for Zinc-Coated Steel Wire Strand, so it resists corrosion and can last 30 years or more. The fasteners shall be manufactured of stainless steel to resist corrosion. The design and installation of the system is guaranteed to comply with the ANSI A300 (Part 3) -2006 Standard Practices for Supplemental Support Systems and the 2007 edition of the ISA Best Management Practices for Tree Support. The tree and the support system should be inspected every year.” (For most trees, calling for inspection every three or five years may be more appropriate. )

 

[BC WetCoast]

Good luck trying to sell a cabling inspection each year or even every 5 years.

 

[treeseer]

Good luck trying to sell a cabling inspection each year or even every 5 years.

If a tree service cannot get invited onto a property just twice a decade, ya gotta wonder what they did wrong. Trees generally need pruning that often, don't they?

That said, I invite some distant clients to email me current images, so they can get a tele-inspection. Even onsite inspections can often be done w binocs. need for inspection does not have to be a deal-breaker; not significant enough to be a reason not to cable. :msp_wink:

 

[kano]

Hi, I appreicated your reply but you can write all de desclamers you want and still be taken to court, I agree with periodic inspections (12 mth would be great) but whos responsibility is it if this is not done and the system fails. I have installed my share of cabling and have not yet had one fail but someone out there has and may have caused considerable damage, I wonder what the liabilities are even with a very well written disclaimer.
Cheers

 

[alanarbor]

You can be taken to court for just about anything. Wether it goes anywhere is another question.

However, if you can document that the work was performed to established industry standards, I would think you would be able to defend yourself quite handily.

There is the school of thought that an argument could be made that you allowed a tree with a known defect to remain, creating a hazard, however, there is so much documentation of pruning, bracing and cabling as an effective mitigation strategy that again if work is performed according to standard you should be ok. Since the ISA is an international body if you went by their best management practices, I imagine you would have not trouble defending your work. Informational disclaimers on your contracts are another helpful tool.

On another note, I run a list of all the cable installations I have sold in the past couple of years, and visit those properties to do a visual inspection with binoculars. People appreciate the concern you show, and often while you are there you can identify other needs. I guarantee those proactive visits to a client's property will increase their loyalty, and generate more work for than waiting for them to call you.

 

[treeseer]

good approach by alan; fits his business and market.

" I agree with periodic inspections (12 mth would be great) but whos responsibility is it if this is not done and the system fails."

5 years is good for many imo. The owner owns the tree and the system; nothing to lose sleep over if they fail to maintain it.

If your mechanic fixes the engine which dies because you did not change the oil, will you sue them? :msp_razz:

 

[BC WetCoast]

If you are including cable inspections as part of a property inspection/sales call then I agree. However, this is just a subsidized service. IMO if you provide a service, you should get paid for it.

As an employee, there is no way I would expect my boss to send me out to just do cable inspections, with no chance of payment.

 

[alanarbor]

If you are including cable inspections as part of a property inspection/sales call then I agree. However, this is just a subsidized service. IMO if you provide a service, you should get paid for it.

As an employee, there is no way I would expect my boss to send me out to just do cable inspections, with no chance of payment.

In some of the trees that I manage, cable and climbing tree inspections are a paid service. The check from the ground is a courtesy service that I provide for my clients. Since I'm not trying to compete with the low ball guys in my neck of the wood, people can reasonably expect that kind of follow up for their property for the premium prices they pay. If all I did was wait for people to call on me I'd be pretty poor right now. Another tack to take would be some kind of continuing service agreement for cable system maitenance every other year, where the client signs up, and is automatically scheduled for the appropriate time, much like a furnace maitenance contract.