Attachment 5_CMC Technical Handbook 03292021.pdf

CONSTRUCTION MIXED COMMISSION (CMC)

TECHNICAL HANDBOOK FOR

UNDERSTANDING KEY HOST NATION

CONSTRUCTION NORMS IN ITALY

MARCH 2021 UPDATE

TABLE OF CONTENTS

SECTION TITLE PAGE

N/A BACKGROUND AND SCOPE 5

1 “Comitato Misto Paritetico” or COMIPAR Requirements 6 2 Projects Requiring Additional Technical Documentation other than the

Project Illustrative Statement (PIS)

a. Communication Projects

b. Projects subject to Landscape Limitations

c. Projects subject to Environmental Limitations

d. Projects subject to Airport Clear Zone Limitations

3 Italian Construction Safety Law Requirements

a. Enabling Legislation

b. Key Personnel as summarized from Art. 89 of the Law

c. Documentation

d. Key Roles as applicable to U.S. Forces

e. Miscellaneous

f. Flow Chart of Procedures

g. Unexploded Ordnance (UXO) Survey and Remediation

4 Post-Construction Certifications and Required Documentation

a. As-built Drawings

b. Static Load Test (“Collaudo Statico” in Italian)

c. System Conformity Certification (“Dichiarazione di Conformitá degli

Impianti” in Italian)

d. Conformity Certification for Grounding Systems, Anti-Lighting

Systems and Electrical Systems in Spaces with Explosive Hazard at the Job Site

e. Regulation for the Activation and Utilization of Pressure Systems

f. Fire Protection

g. Energy Efficiency

h. Elevators

5 Antimafia Screenings

a. Protocol of Legality (PoL) and new Antimafia Screening Procedures

- Antimafia Screening Request Template

b. Clarifications – Frequently Asked Questions (FAQ)

1. When is an Antimafia Screening Required

2. What Contracts are Subject to Antimafia Screenings

3. Are there different types of Antimafia Screenings?

4. When is the Antimafia Communication Screening Required?

5. When is the Antimafia Information Screening Required?

6. Difference between Antimafia Communication and Antimafia

Information Screenings

7. Is the Antimafia Screening Request Different, depending upon whether Antimafia Communication or Information type of Screening?

8. How long does an Antimafia Screening Request Take?

9. What is the Duration of an Antimafia Screening Result

10. What are the White Lists

11. Antimafia Communication Self-Certification

12. Antimafia Information Self-Certification

BACKGROUND AND SCOPE

The purpose of this CMC Technical Handbook is to provide a reference document to some of the key Italian Design and Construction technical legislation that is commonly encountered during the initiation and execution of CMC projects, to U.S. Forces activities that intend to execute projects in Italy that are subject to the CMC approval process. The document outlines the procedures that the U.S. Forces will follow in order to respect host nation requirements and obtain required post-construction documentation.

The Handbook is not intended to be a comprehensive source for all technical requirements potentially affecting a CMC project, nor is it intended to provide comprehensive information about all the technical requirements that are discussed herein. Rather, it is intended as a roadmap and overview of the primary Italian technical legislation requirements that may be encountered by the U.S. Forces when executing design and construction activities in Italy.

The U.S. CMC acknowledges that the referenced laws, regulations, and policies herein are subject to change and amendment. This Handbook is intended to be a “living document,” which may be updated from time-to-time to incorporate new or changed requirements that may arise, as applicable. Any new proposal, as well as any potential disagreement and/or uncertainty about new or changed requirements, should be referred to the CMC for resolution.

SECTION 1 - “Comitato Misto Paritetico Regionale” or COMIPAR requirements.

a. Enabling legislation

D.Lgs.1 15 March 2010, n. 66 (D.Lgs. 66/2010)

b. Art. 322 of D.Lgs. 66/2010 provides:

In each Region a mutual consultation, Joint Military/Civilian Committee (Comitato Misto Paritetico Regionale or COMIPAR) is established with the purpose of assessing the issues related to the harmonization of the Regional and Sub-Regional Areas Economic and Social Development and Territorial Arrangement Plans and Military Installations Plans and Pertinent Limitations, including alternative proposals by the Region or the Military Authorities.

The Committee is also consulted on all units or departments live exercise plans, in order to define the regional sites, air and maritime spaces, time and exercises’ modalities, as well as the use of regional firing ranges.

The Committee meets twice a year.

c. Criteria for identifying projects requiring COMIPAR approval include, but are not limited to, the following cases2:

- Construction of a brand new base (Dal Molin);

- Work related to the relinquishment of installations or part of installations (Camp

Darby Downsizing, San Vito & Monte Vergine closures)

- Major recapitalization and reconversion plans (NAS Sigonella Recap, S. Stefano

Redevelopment Plan, Aviano Area A-2, New Army Housing Units in Vicenza);

- Major construction projects requiring the approval of different Italian civilian agencies (ERI Projects at Camp Darby);

- Relocation of existing installations (NSA Naples from Agnano to Capodichino);

- Projects where a component of the work requires a piece of real property expropriation (LVIS Project @ Aviano);

- Permanent Installation of new Broadcasting Communication Systems;

- Projects tying into Town Hall utility lines;

- Projects located inside or adjacent to areas subject to the EU “Habitat” Directive;

- Projects located inside areas subject to Legislative Decree 42/04;

- Projects which may impact traffic flow off base;

- Enter Control Point or ECP’s projects;

- Projects subject to ICAO3/ENAV4/ENAC5 Regulations;

Projects which may not fit any of the categories above, will be evaluated on a case by case basis by the US Section and the Italian Section of the Construction Mixed Commission (USCMC and ISCMC, respectively).

1 D.Lgs. is the abbreviation for Decreto Legislativo or Legislative Decree 2 All parentheticals have examples that may be informative 3 ICAO is the acronym of International Civil Aviation Organization 4 ENAV is the acronym of Ente Nazionale Assistenza Volo (Flight Assistance National Agency) 5 ENAC is the acronym of Ente Nazionale Aviazione Civile (Civil Aviation National Agency)

SECTION 2 - Projects requiring additional technical documentation other than the Project Illustrative Statement (PIS) and Drawings.

a) Communication Projects

- An additional paragraph in the Project’s Illustrative Statement (PIS), providing all the technical data of the antenna, to include but not limited to:

Frequency;

Power;

Band-width Azimuth Elevation.

- A “Hazard of Electromagnetic Radiation to Personnel” or “HERP” study, showing that the new system’s emissions do not exceed the electromagnetic fields strength thresholds established by Italian law (currently Law 36/2001, as implemented by DPCM6 of 8 July 2003, including its subsequent amendments and/or integrations). If there is already broadcasting equipment operating at the proposed installation site, the HERP study must show that the emissions generated by the new system, when combined with the emissions of the existing equipment, do not exceed the applicable Italian law thresholds;

- A “Hazard of Electromagnetic Radiations to Fuel” or HERF study, in those cases where broadcasting equipment is installed in the proximity of fuel tanks/depots;

- A “Hazard of Electromagnetic Radiations to Ordnance” or HERO study, in those cases where broadcasting equipment is installed in the proximity of ordnance/ammunition depots;

- Regarding the PIS, it will include a statement indicating that the system operates using approved frequencies;

- Also, in those cases when the HERP, HERF and/or HERO study/ies is/ are not available at the time of project’s submission, it is recommended that the PIS include a statement indicating that the study/ies will be submitted by separate correspondence to the USCMC as soon as possible.

b. Projects subject to Landscape Limitations

- Ordinary Landscape Authorization For projects to be executed at sites subject to landscape limitations, pursuant to the provisions of Art. 142 of D.Lgs. 42/2004, the PIS should include a “Landscape & Visual Impact Assessment” (“Relazione Paesaggistica” in Italian) in alignment with the provisions of DPCM 12/12/2005;

6 Decreto del Presidente del Consiglio dei Ministri or DPCM (Prime Minister Decree).

- In cases where that is not feasible, the PIS should include verbiage stating that the Relazione Paesaggistica will be submitted to the USCMC as soon as possible;

- Projects Exempted from Landscape Authorization or subject to a Simplified Landscape Authorization Procedure

DPR 31/2017, at Art. 4 and Attachment A, identifies works EXEMPTED from the Landscape Authorization.

Conversely, Attachment B of DPR 31/2017 identifies all the minor works subject to a Simplified Landscape Authorization Procedure.

- Also, please note that, under Italian law, the Landscape Authorization is subject to release by the Italian Region7 where the work must be executed, based upon the opinion of the competent Superintendent Office or SBA, and within the framework of a Conferenza dei Servizi meeting.

Therefore, besides national legislation, the professional that will prepare the Landscape Report will have to follow also the applicable Regional legislation requirements.

Duration of the Landscape Authorization: 5 years from the date of issuance.

c. Projects subject to Environmental Limitations

- For projects to be executed at U.S. installations located in, or likely to have a significant effect on sites subject to the requirements of EU Directive: “Birds” and/or EU Directive “Habitat” (e.g. Directive 79/409/EEC and Directive 92/43/EEC) and their Italian implementing legislation (Law n. 157 of 11 February 1992 and DPR 8 September 1997, n. 357) such as:

o Zone of Special Protection (“Zone di Protezione Speciale” in Italian or “ZPS”);

o Zone of Special Conservation (“Zone Speciali di Conservazione” in Italian or “ZSC”);

o Sites of Community Importance (“Siti d’Interesse/Importanza Comunitaria” in Italian or “SIC”);

The PIS should include an “Environmental Incidence Assessment” (“Valutazione d’Incidenza Ambientale” or VINCA in Italian) which will evaluate the potential for impacts, if any, of the projects on the aforementioned environmental resource areas.

- In cases where this is not feasible, the PIS should include verbiage stating that the

VINCA will be submitted to the USCMC as soon as possible (e.g. upon availability of funds and/or as soon as the design is developed to a sufficient level of fidelity to support the study);

- Please note that the Regions or the local Park Agencies, or further agencies if delegated by the Regions, are responsible for releasing Environmental Authorizations pursuant to the provisions of the Habitat Directive, to include the approval of potential compensation and/or mitigation measures.

7 Unless the Region delegates such authority to the competent Province, to Park Agencies or competent Town Halls and further technical offices (See Art. 146 of 2018 Update to D.Lgs. 42/04).

- Also, in the Veneto Region, Enclosure A, paragraph 2.2 of the Regional Council Deliberation (DGR) n. 1400 of 29 August 2017, includes criteria for determining when a VINCA is not required. In such cases, rather than a VINCA, the document to be produced and attached to the PIS is Enclosure E to DGR 1400 of 29 August 2017 (No VINCA requirement Statement Form) with attached Supporting Technical Report;

- Finally, in the Veneto Region, Attachment A to DGR n. 3173 of 10 October 2006, establishes that projects providing for the enlargement of facilities in order to execute hygienic/sanitary facility work, do not require a VINCA. In such cases, the PIS should include verbiage referring to such Regional Policy and describing how the project fits within this exception.

- Generally speaking, the professional that will prepare the VINCA study will have to follow the requirements stated on the regional authority legislation, in cases where the responsibility of releasing the Environmental Authorization has been delegated.

d. Projects subject to Airport Clear Zones Limitations

Projects located inside, or adjacent to airport operational facilities, are subject to the following regulations, as applicable:

International Civil Aviation Operations;

Italian National Agency for Flight Assistance;

Italian National Agency for Civil Aviation.

For these projects, the PIS should include verbiage showing that the design will take into account Clear Zones Limitations, pursuant to the provisions of Chapter 4 of ICAO Annex 14 provisions.

SECTION 3 - Italian Construction Safety Law Requirements

a) Enabling Legislation

Legislative Decree 9 April 2008, n. 81 (Italian Safety Law - henceforth “the Law”) and subsequent amendments and integrations.

b) Key Personnel as summarized from Art. 89 of the Law

i. Customer (Committente)

The Party on whose behalf the entire work is executed, or in other words the U.S.

Service component.

Among other responsibilities, the Customer is entitled to:

Appoint in writing the Responsible Work Manager (Responsabile dei Lavori);

Appoint in writing the Design Safety Coordinator;

Appoint in writing the Construction Safety Coordinator;

Notify in writing the names of the Design Safety Coordinator and the

Construction Safety Coordinator to the Prime Contractor and to sub- Contractors;

Forward to competent Italian Government Agencies the Preliminary Notification required by art. 99 of the Law.

Please note that in alignment with host nation laws, many Customer actions can be and are frequently performed by the Responsible Work Manager (see sub-item ii below)

ii. Responsible Work Manager (Responsabile dei Lavori)

The Responsible Work Manager (RWM) is the individual responsible for the construction execution.

The RWM must be appointed by the Customer and can perform all the Customer’s duties, such as:

Appointing in writing the Design Safety Coordinator;

Appointing in writing the Construction Safety Coordinator;

Notifying in writing the names of the Design Safety Coordinator and the

Construction Safety Coordinator to the Prime Contractor and to sub- Contractor/s;

Forwarding to the competent Italian Government Agencies the Preliminary Notification required by the Law.

iii. Design Safety Coordinator

The Design Safety Coordinator (CSP8) is a qualified professional9 who per Art. 91 of the Law:

Prepares the Safety and Coordination Plan (PSC10) set forth at Art. 100 and

Attachment XV of the Law.

Where applicable, addresses issues with regard to the assessment and management of Unexploded Ordinance, as further described in Section 3, paragraph (g).

Prepares the Facility Operation and Maintenance Manual (Fascicolo dell’Opera) set forth at Attachment XVI of the Law.

The CSP must be appointed in writing by either the Customer or the RWM.

However, either the Customer or the RWM can perform the duties of CSP if qualified, pursuant to the provisions of Art. 90 item 6 of the Law.

iv. Construction Safety Coordinator

The Construction Safety Coordinator (CSE11) is a qualified professional (see footnote 9) who per Art. 92 of the Law has the following responsibilities during the Construction Phase:

Verifies, through appropriate coordination and control actions, that the correct work procedures required by the Safety Operational Plan (Piano Operativo di Sicurezza or POS – see page 11, Paragraph (c.iv) and the PSC (see Paragraph c.i below) have been implemented.

Reviews the POS prepared by Construction Contractors, making sure that it is consistent with the Safety and Coordination Plan (PSC).

Reviews the PSC and, if required, adjusts the PSC in relation to any changes in the scope of the work that occur, evaluating the proposals of the contractors executing the work, with the goal of improving Safety at the job site.

The CSE must be appointed in writing by either the Customer or the RWM.

However, either the Customer or the RWM can perform the duties of CSE if qualified pursuant to the provisions of Art. 90 item 6 of the Law.

The CSE CANNOT be hired by the Prime Contractor, nor be an employee of any other Construction Company retained to execute work, as set forth at Art.

89, item f of the Law.

c) Documentation

i. Safety and Coordination Plan (Piano di Sicurezza e Coordinamento or PSC).

The PSC is defined at both Art. 100 and Attachment XV of the Law. The intent of the PSC is to identify, analyze and evaluate all risks related to work execution

8 CSP is the Italian acronym for the “Coordinatore Sicurezza in Fase di Progettazione”, e.g. the Design Safety Coordinator.

9 “Qualified Professional” is an individual that meets the requirements of Art. 98 of the Law.

10 PSC is the acronym of the Italian “Piano di Sicurezza e Coordinamento”, e.g. the Safety and Coordination Plan.

11 CSE is the acronym of the Italian “Coordinatore Sicurezza in Fase d’Esecuzione”, e.g. the Execution Safety Coordinator.

Bianca.Russo.IT Highlight procedures, identifying all necessary procedures aimed at preventing or mitigating risks during construction.

It is required when more than one Contractor is expected at the worksite.

Per Attachment XV of the Law, the PSC minimum content includes:

A Technical Report12;

Design Drawings including at least a job site layout;

Cost Estimate of the expenses associated to Safety Procedures.

The PSC is prepared by the CSP (Design Safety Coordinator).

ii. Substitute Safety Plan (Piano Sostitutivo di Sicurezza or PSS)

The PSS is defined at Attachment XV, paragraph 3 of the Law. The PSS minimum content is the same as the PSC, but it does not include the Cost Estimate.

PSS is an alternate Safety Plan to be used when the PSC is not required (i.e., WHEN ONLY ONE Contractor is expected at the worksite), and is prepared by the Contractor.

Neither a PSC nor a PSS is required when only one Contractor AND less than 200 Man – Days are expected at the worksite.

iii. Facility Operation and Maintenance Manual (Fascicolo dell’Opera)

The Facility Operation and Maintenance Manual is defined at Art. 91 and Attachment XVI of the Law. It should contain all pertinent information regarding the prevention and protection from the risk related to the specific work throughout the life-cycle of the facility, to include required facilities and equipment, during and post-construction documentation.

It is a “living document” that will be used and updated for any subsequent work/maintenance to be executed at the facility. It consists of three chapters (not to be confused with the “Chapters” used for CMC project classification criteria purposes), as set forth at Attachment XVI to the Law:

Chapter I – Facility Description

Chapter II – Risks analysis and prevention in relation to future works to be executed on the facility, including maintenance.

Chapter III - All useful information related to facility technical documents, to include but not limited to as-built drawings, technical reports, surveys and any other document as required.

12 The contents of the PSC are listed in Attachment XV to the Law. It also includes an Unexploded Ordinance (UXO) Survey. Please see

Paragraph (e) of this Section.

The initial Facility Operation and Maintenance Manual (Fascicolo dell’Opera) must be prepared by the CSP (Design Safety Coordinator).

iv. Safety Operational Plan (Piano Operativo di Sicurezza or POS)

The POS is defined at both Art. 89 and Attachment XV, Paragraph 3 of the Law, pursuant to the provisions of Art. 17.1.a.

The POS describes the contractor’s organization in regards to work execution and internal safety procedures. Also, the POS must acknowledge the pertinent PSC.

The POS minimum content includes:

Contractor’s info Jobsite info Technical organization related to the specific job and in relation to the PSC.

The POS is prepared by each Construction Company expected at the worksite.

v. Preliminary Notification (Notifica Preliminare)

As a means of respecting the notification provisions of Art. 99 of the Italian law, U.S. forces, normally acting through the Customer or the Responsible Work Manager, will forward a Preliminary Notification to the Italian Base Commander (IBC) where the work is to be performed. The IBC will distribute the Notification to the competent Italian Authorities as applicable.

The content of the Preliminary Notification that U.S. forces will provide is based on Annex XII of the Law, and is summarized below:

Date of the Notification Address of the Construction Site Customer’s data: First Name, Last Name, and Address Type of Work Responsible Work Manager’s data: First Name, Last Name and Address Design Safety Coordinator data: First Name, Last Name and Address13

Construction Safety Coordinator data: First Name, Last Name and Address Date of the estimated commencement of the work at the job site Estimated duration of the work at the job site Estimated maximum number of workers at the job site Number of expected companies and self-employed workers at the job site Name, Fiscal Code or VAT Number of the companies hired Estimated work total amount in Euro

13 When this role or the role of Construction Safety Coordinator are fulfilled by a third party contractor and not by a member of the U.S.

forces, the fiscal code of the entity should also be provided.

The Preliminary Notification is required when:

There is more than one company at the work site.

OR

The number of Man – Days at the work site is ≥ 200.

d) Key Roles as applicable to U.S. Forces

i. Customer

When Naval Facilities Engineering Command (NAVFAC) is the executing Agency for the project, the Customer is the Commanding Officer, NAVFAC Europe, and Africa Central (EURAFCENT).

When projects are executed by Army or Air Force, the Customer may be the Installation Commanding Officer (ICO), or the appropriate military officer for projects executed by military units to include but not limited to, the Army Corps of Engineers (COE), the 31st Flight Contracting Squadron, the Army and Air Force Exchange Service (AAFES).

ii. Responsible Work Manager (RWM)

When NAVFAC is the executing Agency for the project, the Responsible Work Manager (RWM) is the ROICC or a FEAD Civil Engineer Corps (CEC) Officer.

When projects are executed by Army or Air Force, the Responsible Work Manager (RWM) may be the Installation Commanding Officer (ICO), or the appropriate military officer for projects executed by military units to include but not limited to, the Army Corps of Engineers (COE), the 31st Flight Contracting Squadron, the Army and Air Force Exchange Service (AAFES).

For all projects executed by any of the U.S. military components, the RWM can instead also be a third party professional hired via contract.

iii. Design Safety Coordinator (CSP)

For both Design Bid Build (DBB) and Design Build (DB) Processes, the CSP will be either the Designer of Record (DOR) OR an Italian third party qualified professional hired via contract.

iv. Construction Safety Coordinator (CSE)

For both Design Bid Build (DBB) and Design Build (DB) Processes, the Construction Safety Coordinator (CSE) will be either (i) a contractor hired by U.S.

forces independently from the construction contractor or (ii) a qualified U.S.

military officer. For these purposes, the term “qualified U.S. military officer” means a military member of the U.S. forces who has completed the safety course required by the Law, and has either (1) an engineering degree from an accredited university or (2) is a technician with at least three year experience in the construction field, as certified by previous employers or customers.

The Construction Safety Coordinator CANNOT be a construction Contractor or an employee of the prime contractor or any of its subcontractors (Art. 89, Law 81/08).

e) Miscellaneous

To the extent members of the military or civilian components of U.S. Forces are identified for roles in the Preliminary Notification, they are acting in their official capacity and in the performance of their official duties. As such, they are acting on behalf of the United States. They will not provide their individual Italian fiscal codes, and will not be subject to liability in their individual capacities.

The U.S. will include the following language in the Preliminary Notification, although the legal principles apply regardless of whether the language is expressly included in the Preliminary Notification:

“The identification of a military or civilian component member of the U.S. Forces, for any of the Preliminary Notification roles as stated above, shall not constitute a waiver of the United States’ sovereignty, or of any protection available to it or its members under the NATO Status of Forces Agreement or of any other legal protection available to the United States or said members.”

Facility O&M Manual

FASCICOLO

DELL’OPERA

PSC

Safety and Coor. Plan

PREPARES

CSP

DESIGN SAFETY

COORDINATOR

(Coordinatore Sicurezza

Progettazione)

f) Flow Charts of Procedures:

Multiple Construction Companies at the Worksite

CSE

CONSTRUCTION

SAFETY

COORDINATOR

(Coordinatore Sicurezza

Esecuzione)

Safety and Coor. Plan during Construction

VERIFIES AT CONSTRUCTION PHASE

PRIME

CONTRACTOR

(Impresa Affidataria)

Safety Operational Plan

PREPARES

Facility O&M Manual

FASCICOLO

DELL’OPERA

UPDATES

CUSTOMER

(Committente) or

WORK

MANAGER

(Responsabile dei

Lavori)

FORWARDS

TO IBC

APPOINTS

CSP

Design Safety Coordinator

PRELIMINARY

CSE

Construction Safety

Coordinator

AT DESIGN PHASE

Substitute Safety Plan (Piano Sostitutivo di

Sicurezza)

One Construction Company at the Worksite AND ≥ 200 Man-Days at Worksite

(Committente)

WORK

(Responsabile dei Lavori)

TO IBC

PRELIMINARY

NOTIFICATION

(Notifica Preliminare)

CONTRACTOR

(Impresa)

Safety Operational Plan (Piano Operativo di

Sicurezza)

PREPARE FASCICOLO DELL’OPERA

g) Specific responsibilities of the CSP (Design Safety Coordinator) with respect Unexploded Ordnance (UXO) Survey and Remediation

- Enabling Legislation D.Lgs. 9 April 2008, n. 81 – Italian Safety Law Law 1 October 2012, n. 177 – Amendments to D.Lgs. 81/08, regulating safety procedures for the disposal of unexploded ordnance and site remediation.

GENIODIFE Technical Regulation (“Disciplinare Tecnico”) – for the execution of the systematic terrestrial unexploded ordnance and site remediation service.

GENIODIFE Directive GEN-BST-001 of 2017, 27 Mar 2018 updated release.

D.M. 11 of May 2015, n. 82 – Qualification criteria for companies that want to be registered on the UXO specialized companies Roll.

Ruling n. 14 of the Ministry of Labor and Social Policies of 29 December 2015 Addresses questions regarding the preventive remediation of unexploded ordnance.

- Applicability Excavation work, whereby a risk assessment is to be performed in alignment with Legislative Decree no. 81/2008.

- Key Personnel/Agencies “Soggetto Interessato” (Interested Party), e.g. the Customer14. For the U.S.

Forces the Customer’s role is performed by the ICO.

Design Safety Coordinator Impresa Specializzata Bonifica Campi Minati (BCM)

(“Company specialized in unexploded ordnance survey and site remediation”) Company meeting the requirements of Legislative Decree 81/2008 and any subsequent amendments and integrations.

- Territorial Competent Authorities Reparto Infrastrutture Competente per Territorio (Competent Territorial Public Works Department) – Italian Ministry of Defense Public Works Department, UXO office.

For Northern Italy Regions (to include Tuscany and Marche Regions) 5o Reparto Infrastrutture Padova, Ufficio BCM, Ph: 39 049 8203757;

henceforth 5th Reparto15.

For Southern Italy Regions (to include Lazio, Umbria, Abruzzo and further Southern Regions + Sardinia and Sicily islands) 10o Reparto Infrastrutture Napoli, Ufficio BCM, Ph: 39 081 7253628;

henceforth 10th Reparto.

- Technical Requirements

14 The Customer can delegate this responsibility.

15 For northern and central regions to include Tuscany and Marche; all the remaining regions, to include the islands, are handled by the 10th

Reparto.

In alignment with the provisions of Italian Legislative Decree 81/2008, it is the responsibility of the Design Safety Coordinator to perform a risk assessment, to be included in the PSC (Safety and Coordination Plan), to determine:

The potential for discovery of UXO upon performing construction excavating activities and;

The potential for UXO explosion.

- Technical/Administrative Procedures

Risk Assessment If the risk of UXO cannot be excluded, then the CSP will report to the Customer any requirements with respect to UXO site remediation and disposal.

The phases of the risk assessment are as follows:

Preliminary analysis:

Historical analysis: analysis of potential historical munitions-related activities (i.e., WWI and WWII historical artifacts);

Document analysis: analysis of documentary records of munitions related activities;

Instrumental analysis: non-invasive surveys. In particular, magnetic or electromagnetic investigations for detecting munitions anomalies.

Evaluation of Explosive Arc Zones: evaluation of the extent to which damages from an explosive munitions event can spread from the construction area to the surrounding areas.

The results of the above analyses will be integrated into the planning and design for any excavation and other subsurface work required for the construction project.

Procedures to be followed if the presence of UXO is detected

Design Safety Coordinator - As part of the Design Safety Plan, performs a risk assessment and informs the Customer about the requirement to execute an UXO superficial, instrumental survey (no excavation activity);

Customer - Hires a BCM contractor to execute superficial survey;

Design Safety Coordinator - In case of positive findings of preliminary superficial survey, informs the Customer that the requirement exists to execute an UXO in depth survey;

BCM Contractor

Submits the UXO in-depth survey design package (“Documento Unico Bonifica Bellica or DUB – UXO Remediation Document) to the Italian 5th or 10th Reparto as applicable, for review and potential further prescriptions Executes the UXO in-depth survey project; where UXO is detected, BCM will immediately:

- Stop any activity;

- Notify Italian Security Forces (CC, Police);

- Notify the Customer and the IBC;

- Keep the area under physical surveillance;

- The area where UXO is detected becomes off-limits for Italian Army bomb’s squad’s action.

- Upon remediation completion, provides the Customer with an UXO Remediation Warranty (“Attestato Bonifica Bellica” or ABB);

- Submits ABB and supporting technical documentation to 5th/10th

Reparto as applicable;

5th/10th Reparto

Reviews technical documentation above;

Performs an inspection;

Validates the ABB, thus finishing the UXO remediation process.

SECTION 4 – Post Construction Certifications and Required Documentation

PREMISES: Please note that for all the Post Construction Certifications listed in this Section which require a final testing, the competent U.S. Activity will notify the USCMC in writing of the date of the final testing two weeks in advance, for further notification to both the IBC and the ISCMC for their potential participation.

a. As-built Drawings

Each construction contract must include a requirement for the construction contractor to provide signed electronic and hard copies of as-built drawings. The electronic copies must be .dwg Autocad files and .pdf files, with an index and titles.

It is recommended that as-built drawings be kept on file at the Competent Military Office (CMO), specifically: the Army Directorate of Public Works (DPW) in Vicenza, the Air Force 31st Civil Engineer Squadron (CES) in Aviano, and at the Navy’s Public Works Departments (PWD) in Naples and Sigonella, depending on the location of the work. For MILCON projects, as-built drawings will also be retained by NAVFAC

EURAFCENT.

As-built drawings will be made available to the Italian Base Commander and/or GENIODIFE upon their written request.

b. Static Load Test (“Collaudo Statico” in Italian)

- Enabling Legislation Law 1086 of 5 Nov 1971 (Art. 7) – henceforth “The Law) D.P.R. 6 June 2001 n. 380 (Art. 67) and subsequent amendments and integrations.

DM16 14 January 2008 (Capo 9) Circolare Ministeriale17 n. 617 of 2 Feb 2009 – Instructions for New

Construction Technical Norms (C9 – Collaudo Statico) DM 17 January 2018 (Building Construction Norms) and subsequent amendments and integrations, to include the amendments executed by “Circular 21 of Jan 2019 n. 7 C.S.LL.PP., AKA Instruction C.S.LL.PP.

- Applicability Art. 7 of the Italian law and Art. 67 of DPR 380/01, require that all reinforced concrete, pre-cast concrete and metal load-bearing structures, both during

16 Decreto Ministeriale or DM (Ministerial Decree) 17 Circolare Ministeriale or CM (Ministerial Instruction) and after construction as appropriate, be put through final testing to make sure that the structure can bear intended loads.

Subsequently, DM 14 January 2008 extended the requirement for a static load test to all load bearing structures, regardless of the materials.

- Technical Qualifications The static load test must be performed by an Italian Architect or Engineer who has been registered on the Italian professional rolls for at least ten years, and who has had no involvement with the design, work direction and execution of the structure to be tested.

- Technical Requirements DM 14 January 2008 provides general prescriptions pertaining to the Collaudo Statico, such as:

Professional opinion as to the performance of all load bearing components of the structure to be tested.

In specific cases, the Collaudo Statico must be executed not only upon completion of construction, but also during construction, in order to test those load bearing components that will no longer be accessible after further construction.

Structures cannot be declared fit for use until after the performance of a Collaudo Statico.

D.M. 14 January 2008, Art. 9.1 also provides a list of the requirements for a Collaudatore to meet when conducting a Collaudo Statico.

Art. 216 of DPR 5 October 2010 n. 207 further requires that when a Collaudo Statico is to be executed in a seismic zone, the test must also verify compliance with seismic codes.

- Procedures The Italian Base Commander will be provided three weeks’ advance notice of the date/s established for the Collaudo Statico, to be performed both during construction and post-construction as required.

Once complete, the Collaudo Statico Certificate will be kept on file at the CMO.

The Certificate will be made available to the Italian Base Commander and/or GENIODIFE upon their written request.

c. System Conformity Certification (Dichiarazione di Conformitá degli Impianti)

- Enabling Legislation DM n. 37 dated 22 January 2008 (DM 37/08)

- Applicability Electrical power generation, transformation, transport, distribution, utilization plants; lightening protection systems; doors, gates, barriers automation systems;

Radio and Television systems, antennas and all electronic systems in general;

HVAC systems;

Hydraulic and sanitary systems of any kind;

Distribution and utilization plants for gases of any type, together with ventilation systems;

Lifting systems for people and/or loads by means of elevators, freight elevators, escalators and similar;

Fire protection systems;

Ordinary Maintenance work is not covered by DM 37/08.

DM 37/08 includes general prescriptions for correct systems installation, such as:

Qualification requirements for the installation contractor (art.3, art.4);

Qualifications for the system designer (art.5) System minimum planning/design content (art.5) Requirements that the system is “state of the art” and respects UNI, CEI and/or other European standards as applicable (art.6).

Art. 7 of the DM assigns the Contractor the responsibility of providing the Dichiarazione di Conformitá to the Customer. The document is the Contractor’s final certification attesting that the system/s installed comply/s with all applicable Italian technical norms and standards, to include but not limited to UNI, CEI and other EU standards/regulatory drivers as applicable.

U.S. Forces will satisfy this requirement by requesting the construction contractor to furnish the DM 37/08 certificate.

Once complete, the Dichiarazione di Conformitá will be kept on file at the CMO.

The Certificate will be made available to the Italian Base Commander and/or GENIODIFE upon their written request.

d. Conformity Certification for Grounding Systems, Anti-Lightning Systems and Electrical Systems in spaces with explosive hazard at the job site (Dichiarazione di conformitá per Impianti di Terra, Dispositivi di Protezione Contro le Scariche Atmosferiche ed Impianti Elettrici in Luoghi con Pericolo di Esplosione Collocati nei Luoghi di Lavoro)

- Enabling Legislation D.P.R. N. 462 of 22 October 2001

- Applicability

1) Lightning protection and Grounding systems;

2) Electrical systems in spaces with explosive hazard at the job site.

- Technical Requirements

1) Lightning Protection and Grounding Systems (Chapter II, Art. 2 of DPR 462/01) These systems cannot become operational without the Installation/Construction Contractor providing the US Forces with a Dichiarazione di Conformitá, confirming the system’s proper installation and functionality.

US Forces will satisfy this requirement by requesting the Installation/Construction Contractor to furnish it a copy of the Dichiarazione di Conformitá, which US Forces will then forward to the Italian Base Commander, for further submission to the competent Italian authorities as appropriate.

US Forces can begin operation of the system upon receipt of the Dichiarazione di Conformitá.

Also, a copy of the Dichiarazione di Conformitá will be kept on file at the

CMO.

2) Electrical systems in spaces with explosive hazard at the job site (Chapter II, Art. 5 of DPR 462/01) These systems cannot become operational without the Installation/Construction Contractor providing the U.S. Forces a Dichiarazione di Conformitá, confirming the system’s proper installation and functionality.

US Forces will satisfy this requirement by requiring the Installation/ Construction Contractor to furnish it a copy of the Dichiarazione di Conformitá, which US Forces will then forward to the Italian Base Commander, for further submission to the competent Italian authorities as appropriate.

A system is not considered licensed (omologato) under Italian law until the relevant Italian Authority verifies that the system was installed in compliance with applicable norms and requirements.

Also in this case, one copy of the Dichiarazione di Conformitá will be kept on file at the CMO.

e. Regulation for the Activation and Utilization of Pressure Systems

- Enabling Legislation

Legislative Decree 25 February 2000, n. 93 (DL 93/2000)18

Italian legislation transposing EU Directive 97/23/CE on pressure systems.

Ministerial Decree n. 329 of 1 December 2004 (DM 329/04)

Regulation for the activation and utilization of pressure systems, pursuant to the provisions of Art. 19 of DL 93/2000

- Applicability Art. 1 of DL 93/2000 establishes the provisions of the Ministerial Decree that apply to the design, manufacturing and conformity assessment of pressure systems and assemblies subject to a maximum allowable pressure PS > 0.5 bar.

Please note that Art. 1, item 3 of DL 93/2000 and Art. 2 of DM 329/04 provide lists of pressure systems that are not subject to these provisions.

- D.Lgs. 93/2000 and DM 329/04 Technical Procedures

i) Activation Procedures for the pressure systems defined by Art. 1 of DM 329/04 (which refer back to Art. 3, items a, b and c of the DL 93/2000), when they are modified by the user, as set forth at Art. 4 of the DM.

When an existing system is modified by the user, the resulting system in its entirety must undergo an activation test, to ensure that the equipment can be operated safely and that the modifications implemented comply with applicable norms. Such a test must be required by the user.

At the end of the testing, the verifying entity will provide the user with a certificate of the results of the test carried out. In the event of any negative findings, activation of the examined pressure equipment is prohibited until the negative finding is corrected.

Upon successful activation of the pressure system, the user of the system will forward to the Italian Base Commander for further submission to the competent authorities, a declaration of activation, containing:

a. The list of individual pressure systems/equipment;

b. A technical report, with the scheme of the installation, laying down the installation and operating conditions, as well as the safety, protection and control devices installed;

c. A declaration certifying that the installation has been carried out in accordance with applicable standards;

d. The report of the verification, if required;

18 As amended by D.Lgs. 15 Feb 2016, n. 26, implementing EU Directive 2014/68/EU.

e. A list of components operating under a viscous flow regime.

f. Fire Protection

- Enabling Legislation DM 3 August 2015, Fire Protection Code (The Code - Technical Norms) and subsequent amendments and integrations, to include DM 12 Apr 19.

DM 7 August 2012 (Submittals Instructions).

DPR 151 of 1 August 2011 (Procedural Norms) and subsequent amendments and integrations.

Please note that in addition to the Code and the DPR, which provide a general fire protection framework, there are category-specific Italian Fire Protection norms addressing specific fields, to include but not limited to those below19:

Facilities

DM 1 February 1986 and DM 21 February 2017- Parking Garages;

DM 16 May 1987 - Residential Buildings as amended by DM 25 January

DM 26 August 1992 and DM 7 August 2017 - School Buildings;

DM 9 April 1994 (as amended by DM 6 October 2003), DM 14 July 2015 and

DM 9 August 2016 Hotels and Lodging Facilities in general, to include Barracks;

DM 3 March 1996 and subsequent amendments and integrations - Sport Facilities;

DM 19 August 1996 and subsequent amendments and integrations - Public Entertainment and Shows Spaces;

DM 18 September 2002 – Hospitals;

DM 22 February 2006 and DM 8 June 2016 - Office Spaces;

DM 27 July 2010 - Commercial Activities with a footprint > m2 400;

DM 16 July 2014 - Daycare Centers;

DM 7 August 2017 - Schools.

- Systems

DM 12 April 1996 - Gaseous Fuel Fired Heating Systems;

DM 28 April 2005 - Liquid Fuel Fired Heating Systems;

DM 13 July 2011 - Technical rule on Generators;

Note Serial DCPREV20 n. 1324 of 7 February 2012 – Photovoltaic Panels;

19 Please note that a comprehensive list of Fire Protection legislation addressing each specific sector, can be found at the following web site:

http://www.vigilidelfuoco.it/sitiVVF/ascolipiceno/viewPage.aspx?s=85&p=11223 20 “Direzione Centrale per la Prevenzione e la Sicurezza Tecnica Area Prevenzione Incendi” (Central Direction for Prevention and Technical Safety Fire Protection Area)

- Natural Gas Storage and Distribution Systems

DM 13 October 1994 – GPL Tanks with a capacity > 5 m3 (permanent tanks) or 5000 kg (mobile tanks);

DM 14 May 2004 – GPL Tanks with a capacity ≤ 13 m3;

DM 14 April 2008 – Natural gas distribution systems;

DM 3 February 2016 – Natural gas tanks.

Please note that DPR 151/11 identifies 80 fire hazard activities, subject to Italian Fire Department control.

The 80 activities are listed in Annex I to the DPR and are grouped by three categories (A, B and C), depending upon the pertinent fire hazard level:

Category A – Low Fire Hazard Category B – Medium Fire Hazard Category C – High Fire Hazard

- Technical Requirements pursuant to DPR 151/11

Design

Category A – No design submittal requirement.

Categories B and C – Requires a Request for Project Evaluation and Approval (“Istanza Valutazione Progetto”, IVP), pursuant to the provisions of Annex I to DM 7 August 2012. The competent Italian Fire Department has 30 days to request integrations and/or additional documentation, and must provide its final opinion within 60 days.

U.S. Forces will satisfy the design requirement for Category B and C projects by submitting the IVP to the Italian Base Commander for further transmittal to the competent Italian Fire Department for review.

Post Construction For all three categories A, B and C above, upon work completion and before operating the facility, the following documentation must be prepared and submitted to the Italian Base Commander for further transmittal to the competent Fire Department:

“Segnalazione Certificata d’Inizio Attivitá” (SCIA)21

The document must include:

Fire Resistance Certificates for materials used and construction elements installed. The certificates are either released by the

21 Certified Statement of Operations Start material/construction element manufacturer, or signed by a qualified fire protection professional22;

Conformity Certificate (“Dichiarazione di Conformitá”) of new systems or a “Dichiarazione di Rispondenza” of existing systems pursuant to the provisions of DM 37/08;

For systems not regulated by DM 37/08, a proper functioning and installation statement signed by the installer and the design signed by a qualified fire protection professional;

For systems not regulated by DM 37/08 and with no associated design, a proper functioning and installation statement signed by a qualified fire protection professional.

Fire Protection Conformity Statement: A statement (“asseverazione”) released by a qualified fire protection professional certifying the complete facility compliance with applicable fire protection legislation.

Payment: Receipt of the payment executed pursuant to the provisions of Art. 23 of Legislative Decree 139/2006, in exchange for the Italian Fire Department services and costs in reviewing the permit.

Only for Category A activities The design package and a Fire Protection Technical Report signed by a qualified fire protection professional, showing the full compliance with all applicable fire protection legislation.

For all three Categories A, B and C activities, the competent Italian Fire Department, after reviewing the documentation received for accuracy, will release a receipt which represents the authorization to start operating the facility.

Inspections For Categories A and B, the competent Italian Fire Department has a 60 day time frame starting from the date of the SCIA submission during which it has the option to perform random site inspections aimed at verifying the compliance of the entire built out facility with all applicable fire protection norms. Otherwise, the permit/receipt received from the competent Italian Fire Department serves as the operational permit for Category A and B projects.

For Category C projects, the competent Italian Fire Department must perform a site inspection within 60 days of the date of the SCIA submission. The site inspection is aimed at verifying compliance with all applicable fire protection norms. If the result of the inspection is favorable, the competent Italian Fire

22 The term “qualified fire protection professional” means a professional registered on the Italian Fire Protection Professional Roll.

Department will release a “Certificato Prevenzione Incendi” (CPI) or Fire Protection Certificate.

Fire Protection Procedures Flow-Chart

g. Energy Efficiency

- Enabling Legislation

- Law 9 January 1991 n. 10

First norm for the implementation of the Energy Saving National Plan.

- DPR 26 August 1993, n. 142

Facilities classification and climate zones.

- D.Lgs. 19 August 2005, n. 192 and subsequent amendments and integrations. This D.Lgs. represents the Italian national legislation implementing European Union (E.U.) Directive 2002/91/CE and includes technical norms for calculating energy requirements.

- D.Lgs. 29 December 2006, n. 311 Integrations to D.Lgs. 192/05

- DPR 2 April 2009, n. 59 It makes mandatory the use of renewable energy sources at least by 50%.

ALL ACTIVITIES SUBJECT TO FIRE PREVENTION CONTROLS ARE GROUPED IN THREE CATEGORIES.

EACH CATEGORY FOLLOWS A DIFFERENT PROCEDURE BASED ON THE ASSOCIATED RISK LEVEL

CATEGORY A

Low Risk

CATEGORY B

Medium Risk

CATEGORY C

High Risk

DESIGN SUBMITTALS REQUIREMENTS

NO NEED for Request for Project Evaluation and Approval

(“Istanza Valutazione Progetto”, IVP)

*Mandatory Request for Project Evaluation and Approval (“Istanza Valutazione Progetto”, IVP)

Evaluation Timeframe : 60 days

POST-CONSTRUCTION REQUIREMENTS - *MANDATORY SCIA SUBMITTAL

ACTIVITY CAN START RIGHT AFTER SCIA SUBMISSION

POTENTIAL RANDOM SITE INSPECTION (within 60 days) Release of Site Inspection Report, upon request

MANDATORY SITE INSPECTION

(within 60 days)

Release of CPI Certificate

- D.Lgs. 3 March 2011, n. 28 and subsequent amendments and integrations Technical norms establishing the energy percentages that must be obtained from renewable sources. This D.Lgs. acknowledges Directive 2009/28/CE.

- DPR 16 April 2013, n. 74 Regulation establishing general criteria for the operation, control, maintenance and inspection of HVAC systems, as well as thermal systems used for sanitary hot water.

- DPR 16 April 2013, n. 75 Regulation establishing qualification criteria for professionals and agencies entitled to release buildings’ energy certifications.

- Inter-ministerial Decree 26 June 2015

Calculations methodologies for energy performance;

How preparing the Design Technical Report (see page 26);

APE (see page 26).

- Framework and Objectives

The above Italian legislation establishes standards for buildings’ energy performance in order to achieve European energy goals laid out in E.U. legislation starting in 2002. D.Lgs. 192/2005 and D.Lgs. 28/2011 and subsequent amendments and integrations, implement the E.U. requirements into Italian law.

The primary requirements with regard to construction are:

a. Mandatory use of renewable energy sources for new construction and major renovations (art. 11), to the maximum extent possible; the definition of major renovation is provided by Art. 2 of D.Lgs. 192/2005 and its subsequent amendments and integrations.

b. Effective 1 January 2017, mandatory use of thermal systems powered by renewable energy sources for producing 50% of Sanitary Hot Water and HVAC (Annex 3 to D.Lgs. 3 March 2011, n. 28).

c. Effective 1 January 2019, buildings will be Nearly Zero-Energy Buildings (nZEB), meaning the building is characterized by:

High energy efficiency/performance; and Low energy consumption which is…