KINGDOM OF SAUDI ARABIA ROYAL COMMISSION FOR JUBAIL … · 2017-10-09 · KINGDOM OF SAUDI ARABIA...

KINGDOM OF SAUDI ARABIA

ROYAL COMMISSION FOR JUBAIL AND YANBU

Regulations of Violations Recording Rules, Damages

Repair Costs Assessment,

Compensations & Setting of Encroachment Penalties

on Service Providers’ Facilities.

اململكة العربية السعودية

الهيئة امللكية للجبيل وينبعKIANGDOM OF SAUDI ARABIA

Royal Commission for Jubail and Yanbu

Table of Contents Article Page No.

Section One: General Provisions 1

Chapter One: Terms and Interpretations 4

Chapter Two: Service Provider Facilities Protection 4

Section Two: Procedures 9

Chapter One: Detecting and Recording Encroachment Violations 9 on the

Service Provider’s Facilities

Chapter Two: General Provisions for Recording Violations 12

Chapter Three: General Procedures 13

Section Three: Complaints and Violation Study Committee 14

Chapter One: Complaints and Assessment Committee Formation 14

Provisions and Mechanism of its Work

Chapter Two: Concluding Provisions 19

Attachments:

Attachment (1) Timetable of violations and Penalties Categories

Attachment (2) Recording and Investigation Forms (Ministry of Interior)

M/G.T./12/Service Providers’ Facilities Regulations of Violations Recording Rules, Damages Repair Costs Assessment, Compensation & Setting of Encroachment




M/G.T./12/ Regulations of Violations Recording Rules, Damages Repair Costs Assessment, Compensation & Setting of Encroachment Penalties on 1

Service Providers’ Facilities

Section One: General Provisions

Chapter One: Terms and Interpretations Article

One:

The terms and phrases used in these Regulations and defined in the Royal

Commission for Jubail and Yanbu’s Regulations shall have the same meaning for

the implementation of these Regulations unless the text stipulates otherwise.

Article Two:

The following terms and phrases, whenever used in these regulations, shall have the

meanings shown against each of them unless the text stipulates otherwise.

Public Facilities Protection Law: means the Public Facilities Protection Law issued

by the Royal Decree No. (M/62) dated 20/12/1405H (6/9/1985) and its amendemnts

issued by the Royal Decree No. (M/54) dated 5/6/1428H (21/6/2007).

Regulation: The Executive Regulation of Control Rules, Damages Repair Costs

Assessment, Compensations & Determination of Encroachment Violations Fines

On Service Providers’ Facilities in the Royal Commission for Jubail and Yanbu’s

Industrial Cities.

The Chairman: The Chairman of the Royal Commission for Jubail and Yanbu.

Complaints and Violations Committee: The Committee that investigates

complaints and encroachment violations on service providers’ facilities and which is

formed by the Chairman’s decision as per the provisions of Article (19) of these

regulations.

The Commission: The Royal Commission for Jubail and Yanbu.

The Violation: Every act, whether intended or not, that results in one of the

following cases:

1- Encroachment, damage, cut-off or obstruction of any of the facility’s

structures, equipment, fittings or extensions.

2- Any illegal use of the facility’s services or facilitate that to others.






Complaints: Complaints raised by concerned parties especially the licensees,

consumers or those dealing with the licensees in the industrial cities and that are

referred to Complaints and Violations Committee for consideration and resolution.

Person: Natural or Legal person.

Violator: Any person who intentionally commits or cause a violation to occur

whether they are the principal violator, an accomplice or an official responsible for

the subordinator actions committed while performing his work or due to. The same

rule for the official shall apply to include vehicle’s owner, custodian or a person

authorized to monitor and supervise the vehicle.

Deliberate violators: Any person who commits a violation for achieving the results

whether as a main violator or partner.

Causer: Any who commits violation without the intention of achieving the results.

Principal Violator: Any person who performs the physical act of committing a

violation.

Principal: Each Principal responsible for the violator’s actions during performing

its work or due to it. The same rule for the Principal shall apply to vehicle’s owner,

custodian or those who are monitoring and supervising entity.

Accomplice Violator: Any person who contributes, together with the principal

violator and directly involved in performing the violation.

Compensation: Refers to the compensation for all the damages to the facility or

others including repair cost for damages caused by the violator, and compensation

for the benefit lost by the facility or others.

Service Provider: Each Natural or Legal Entity licensed to provide public services

related to water, electricity, telecommunications, railways, sanitary waste water,

industrial waste water, rain storms drainage and public roads facilities.

Facility: Service Provider’s facility including any piping, equipment, structures or

furnishings whether fixed or moveable.

Industrial Safety and Security Department: the Royal Commission for Jubail and

Yanbu’s Industrial Safety and Security Department.

Fine: Financial penalty imposed against the violator.






Financial Expenses: For damage repair costs payment (to paid to the Service

Provider).

Financial Compensation: For reimbursing the Service Provider against the lost

revenues (to paid to the Service Provider).

Fine: Payment of a financial penalty against committing a violation (to paid to the

Royal Commission).

Physical Penalty: Imprisonment of the causer (in cases of deliberate action or

recurring negligence).

Article Three:

Reference to any paragraph, clause or section in these regulations shall mean a

reference to any of the paragraphs, clauses or section of these regulations unless the

text stipulates otherwise.






Chapter Two

Service Provider Facilities Protection

Article Four

4-1 It is necessary, before performing any work that is likely to affect piping,

equipment, structures or furnishings of any facility, to obtain from the service

provider the drawings, layouts, instructions and conditions of the facility and

take extreme precautionary actions to ensure protection is maintained and

services provided to any beneficiary are not interrupted. In the event of damage

to the facility, the causer shall notify the service provider on the same day of the

event and non-compliance with the same shall cause aggravation of the penalty.

4-2 Any person who may intend to implement any work that may impact any facility

of the service provider shall obtain a work permit from the service provider prior

to commencement of implementation.

Article Five:

The service provider shall provide the concerned parties, upon request, with the

drawings, layouts, instructions and conditions to protect the facility or any

information that may be useful to protect the facilities, within a period not exceeding

fifteen (15) days from the date of receipt of the request.

Article Six:

When observing any temporary or permanent activity near to one of the service

provider's facilities,The service provider, in anticipation of the damage, shall visit

the work-site immediately and take the necessary actions to protect the facility and

in case the performer of such activities rejects or temporizes to follow the

procedures, the service provider shall inform the Royal Commission within a period

not exceeding one working day.






Article Seven:

7-1 The violator shall bear all costs of repair of damages to the service provider’s

facilities resulting from the violation as per the following details:

7-1-1 If the Service Provider repairs the damage without the assistance of a

contractor, the cost shall be calculated on the basis of the following:

A- The cost of the materials used.

B- Service Provider’s Labor wages.

C- Rates of equipment used during repair process.

D- Supervision and administrative costs which are estimated to be 15% of the

total cost of materials used besides the services provider labor wages and

cost of used equipment.

7-1-2 If the service provider repairs the damage by one of the contractors, the cost

shall be calculated on the basis of the following:

A- Cost of material used.

B- Actual performance wages.

C- Supervision and administrative expenses which are estimated to be 15% of the

total cost of material used in addition to actual performance wages.

7-1-3 If the service provider repairs the damages without the assistance of a

contractor and without need to install materials, the cost shall be calculated on

the basis of the following:

7-1-3-1 Labor and implementation rates shall be as follows:

A-Service provider labor’s wages.

B- Cost of equipment used during repair process.

7-1-3-2 Supervision costs and administrative expenses are estimated to be 15% of

the total performance and labor wages.






7-1-4 If the service provider repairs the damage by a contractor and without

need to fix materials, the cost shall be calculated on the following basis:

a-Actual performance charges.

b-Supervision costs and administrative expenses are estimated to be 15% of the

performance charges according to the contract concluded with contractor.

7-1-5 If the service provider repairs the damage in collaboration with a

contractor, then the cost shall be calculated on following basis:

7-1-5-1 Cost of material used.

7-1-5-2 Performance charges that include: a-Actual performance charges for

the works performed by the contractor in accordance with the

contract concluded with it.

b-Service provider’s labor wages. c- Cost of the service provider

equipment used during the repair process.

7-1-5-3 Supervision costs and administrative expenses are estimated to be 15%

of the total cost of materials used, in addition to performance cost.

Article Eight:

If it is noticed that damaged facility’s piping, equipment, structures or furnishings are

irreparable and not good for reuse according to the Service Provider’s technical

standards, the cost of the materials used shall be the cost of the new materials installed

in replacement of the damaged materials.

Article Nine:

The violator who damages or disrupts any piping, equipment, structures or furnishings

belonging to of electricity and co-generation service provider, it shall pay a

compensation for the benefit lost by service provider (lost consumption) during the

facility’s outage period according to the following:

9-1 The Service Provider shall estimate compensation to be paid against this

benefit, as not to exceed (SR200,000) according to the following formula:






The installed capacity of the

facility or equipment

(equipment which is out of

service due to the violation)

×

Number of outage hours

(Since the outage

happened until service

resumed)

×

The minimum limit of

consumption

categories.

9-2 In case the estimation of the compensation for this benefit exceeds the

amount of (SR 200,000) the Complaints and Violations Committee shall

estimate the compensation guided by the equation stated in (9-1) provided

that the estimation shall not be less than (SR200,000).

Article Ten:

If the service user causes disruption of power or water meters equipment of the service

provider which led to fixing or reducing the consumption value for a specific period, he

shall to pay compensation for the unregistered consumption value as of date of the

sudden drop in previous customer bills and it will be charged for the outage period as

per the correct meter consumption for the corresponding months of the previous year,

and in case it is not available, monthly consumption rate shall be calculated according

to the following formula:

10- Power consumption.

10-1-1 Residential consumption.

The following formula shall be applied:

(1.73)× Voltage between two phases × Consumption factor(0,5) breaker capacity × 0,85 ×

24×30

1000

10-1-2 Non-residential consumption:

The following formula shall be applied:

(1.73)× Voltage between two phases× Consumption factor(0,7) breaker capacity × 0,85 ×

24×30

1000

10-2 Water consumption

10-2-1 Residential consumption

The following formula shall be applied: broken pipe sector × water flow speed ×

time × cubic meter value in Saudi Riyal.






10-2-2 Service consumption.



10-2-3 Commercial consumption.



10-2-4 Industrial consumption.



Article Eleven

The violator who damages or disrupts any pipings, equipment, structures or

furnishings of the service provider shall pay a compensation for the benefit lost by

the service provider during the facility outage period. The compensation shall be

calculated in accordance with rules set out by the Complaints and Violations

Committee.

Article Twelve

The service provider has right to oblige the violator to repair the situation within a a

maximum period of three working days or the service provider shall remove the

violations and repair the resulting damages as soon as possible and charge the

violator with all the expenditures and costs pertaining to that as per Article seven of

this Regulation.

Article Thirteen

The service provider departments shall coordinate among themselves to protect each

facility and ensure repair of any damage that affects any facility within a period not

exceeding one week and accordingly assign their employees responsible to be

contacted at any time fixed by the Royal Commission.






Section Two: Procedures Chapter

One:

Recording and Verifying Encroachment Violations on the Service Provider’s Facilities

Article Fourteen:

The Service Provider shall investigate and take actions for encroachment violations

on any facility, without prejudice to the Royal Commission’s right to perform the

same, as follows:

14-1: The Service Provider shall assign the employees entrusted to find out and

investigate violations.

14-2: The Service Provider’s representative (s) shall visit the encroachment location

once it is discovered or reported, to inspect and specify the type of the violation,

causes and the extent of resulting damages.

14-3: Encroachment detection out and verification procedures shall be documented

by a written report completed as per Form (2) of attachment (2) provided that it

includes the following data:

A- Date, time and location of report.

B- Date, time and how the violation found.

C- Date and time of violation occurrence.

D- Location of violation.

E- Detailed description of the encroachment violation and its causes,

circumstances and resulting damages.

F- A statement of equipment, devices and tools used in the encroachment (if any).

G- Name and address of the violator or its representative as per identity card (if

possible).

H- The violator employer (if any).

I- Stating whether the violator has requested drawings and instructions or not.

J- The violator or its representative’s statements and his point of view.

K- The violator or its representative and the Industrial Safety and Security’s

representative’s signatures on the report (if possible).






14-4: The Service Provider’s representative shall notify the Industrial Safety and

Security Department – (the Royal Commission) as per Form No. (1) of

attachment (2) with regard to any of the following cases:

A- If the initial inspection indicates a suspicion of deliberate damaging, cutting

or disruption of any of the Service Provider’s piping, equipment, structures or

furnishings.

B- If the violator rejects to sign the finding and verification report after being

prepared at its presence. The Service Provider shall undertake necessary

repairs although he reserves the right to claim the costs from the violator.

C- If the Service Provider’s representative is not able to identify the violator, the

Industrial Safety and Security Department shall be notified and the

proceedings will be closed. The Service Provider shall make necessary repairs

while reserving the right to charge the violator for the cost.

14-5: Taking into account the provisions of Article (Twelve), the Service Provider

shall repair or replace the damaged piping, equipment, structures or installations

and restore them to service, provided that the remaining legal actions are

completed.

14-6: The Service Provider’s representative shall comment on the violator or its

representative’s defences or reservations and refer to any documents or papers

that confirm or deny them. If the violation is found in the absence of the violator

or its representative for any reason, he shall be notified within seventy two hours

from the date of finding the violation to attend within a reasonable time as per

Form (3). If the violator or its representative does not attend in the due time, the

reasons shall be noted on the report, if possible.

14-7: The notice mentioned in paragraph (14-6) of this Article shall be delivered to

the violator at its address either through registered mail or through the Service

Provider’s courier.

The violator, its employees or adult family member’s signature on the delivery

receipt shall be considered an irrefutable proof of delivery.






If the violator refuses to receive the notice, or in case there’s no one at the violator's

address or if its location is unknown, the notice shall be delivered to the

Industrial Safety and Security Department for delivery.

14-8: The Service Provider shall use the Forms referred to in these procedures

(Encroachment Violations recording and verification forms) on his official

letterhead.

Article Fifteen:

15-1: After completing the Violation Recording Report, the Service Provider shall

claim payment of the followings, within ten days to be specified in the payment

notification:

A- Due amounts to compensate for the lost benefit if the case is repaired by the

violator, or

B- Due amounts for repairing the damage and compensate for the lost benefit in

case the damage is repaired by the Service Provider.

15-2: If the violator fails to pay the due amounts within the specified time, the

Recording and Verification Report shall be forwarded to the Royal Commission

showing the due amounts to be paid by the violator as well as the amounts

imposed on it as a result of violation so that RC takes the necessary action.

15-3: If the violator pays the due amounts, all the documents including the Recording

and Verification Report with an attachment showing the amount imposed on it

as a result of the violation to the Royal Commission for necessary action.

15-4: In all cases, the penalty imposed and stated in these regulations shall be decided

and collected by the Royal Commission.






Chapter Two: General

Provisions for Recording Violations

Article Sixteen:

Subject to Article (Fourteen) of these Regulations, the employees assigned by the

Chairman shall have the authority to find out violations that occur and Royal

Commission decides to investigate.

Article Seventeen:

1- Encroachment Violations can be reported to the Royal Commission by various

means such as:

A- The Royal Commission’s employees using the reports prepared for this

purpose.

B- Encroachment violations referred to the Royal Commission by the Service

Provider as per Article (Fifteen).

C- Any complaint raised by any person against another person.

D- Any reported case received by the Royal Commission and confirmed to be

serious.

E- When considering any certain subject related to the violator.

2- The Chairman shall refer the violation documents including all related ones to

Complaints and Violations Committee for consideration.






Chapter Three:

General Procedures Article

Eighteen:

18-1: If the Royal Commission issued a decision regarding the costs of repair and

compensation or certain penalty as per violations and penalties classification schedule

(attachment 1) against the violator, it shall pay the due amount within a period of time

not exceeding sixty (60) days from the date of notifying it by the decision issued in this

regard.

18-2: If the violator fails to pay the due amount after the elapse of the period stipulated

in paragraph (18-1) of this article, the due amount shall be deducted from its accruals

in any governmental entity or otherwise collected as per the State Revenues Law.






Section Three

Complaints and Violation Study Committee

Chapter One

Complaints and Violations Committee Formation Provisions and the

Mechanism of its Work Article

Nineteen:

19-1: The Complaints and Violations Committee shall be formed pursuant to a

decision by the CEO's in both the Royal Commission in Jubail and the Royal

Commission in Yanbu. It shall include at least, three members from Royal

Commission’s employees or others, provided that the committee includes a

legal advisor and a technical consultant. The decision stipulates assignment of

the Committee’s Chairman and his Deputy from the members.

19-2: The Complaints and Violation Committee shall convene with the attendance

of at least three of its members, (or in the presence of all members if it is formed

of three members only), provided that the Chairman or his Deputy is present. It

shall convene in the Royal Commission’s headquarters building in the Industrial

City.

19-3: When considering any violation, the Complaints and Violations Committee

shall notify the concerned person as per Article (14-7) of the Executive

Regulations of the Law.

19-4: The Complaints and Violations Committee shall issue its recommendations by

the majority of votes. If there is a tie vote, the Chairman shall have a casting

vote. The recommendation shall be recorded on the session minutes showing

whether it is issued unanimously or by majority without any reservation from a

Committee member.

Article Twenty:

The Complaints and Violations Committee in the process of performing its assigned

tasks may undertake the following actions:

20-1: Seeking the assistance of any of the Royal Commission's employees or others

with regard to the violations it receives.






20-2: Summoning all parties and witnesses and requesting documents related to the

violation.

Article Twenty One:

The Chairman shall issue a decision of assignment of a Secretary for the Complaints

and Violations Committee. The decision shall stipulate the secretary’s tasks and his

remuneration. The Secretary shall record the session’s minutes in reports prepared

for that purpose.

Article Twenty Two:

The Complaints and Violations Committee’s Chairman and members

remuneration shall be determined by a decision issued by the Chairman.

Article Twenty Three:

The Complaints and Violations Committee shall consider the encroachment

violations on Service Provider’s facilities as per the provisions of these regulations.

If the encroachment is confirmed, the committee shall submit its recommendation to

the Chairman to take any of the following actions:

23-1: Oblige the violator to discontinue the violation.

23-2: Oblige the violator to rectify the situation and take the corrective actions

necessary to remedy violation results. If he delays to do so, the Complaints and

Violations Committee shall recommend that the impacted party shall perform

the correction at the expense of the violator.

23-3: Compel the violator to return the amounts he obtained as a result of this

violation.

23-4: Fix a financial penalty on the violator as per the violation and Penalties

Classification Schedule (attachment 1).

23-5: Reports to the competent entity to ban contracting with the violator in the

future, if the violator is a contractor, for a period not exceeding six months. If

the violation is recurring, the ban of the contractor may exceed the stated

maximum limit provided that the period of ban shall not exceed double the






maximum period. The contracting ban decision shall be published in local

newspapers at the violator's expense.

23-6: If the violation continues, the penalty shall be calculated against each day of

violation continuation provided that the daily penalty does not exceed (10%)

of the total penalty specified for the violation. The total penalty shall not exceed

the maximum limit specified in attachment (1).

Article Twenty Four:

When the Complaints and Violations Committee verifies that the committed

violation is related also to provisions of another law or regulation, it shall coordinate

with the concerned entity to take the necessary action.

Article Twenty Five:

If the Complaints and Violations Committee finds out that the violator has

committed several violations simultaneously, it shall have the right to recommend

imposing the specified penalties for each individual violation.

Article Twenty Six:

When considering an encroachment, the Complaints and Violations Committee

shall classify it as (minor, regular, moderate, severe or very severe) as per the

circumstances of that violation and in accordance with the criteria mentioned in

Article (27) of these Regulations.

Article Twenty Seven:

When the Complaints and Violations Committee classifies a violation as (minor,

regular, moderate, severe or very severe), it shall take the following criteria into

consideration:

27-1: The range of severity of the violation and its impact.

27-2: Whether the violation is committed intentionally and deliberately.

27-3: Whether the violator has benefitted from the violation.

27-4: Whether the violator has taken urgent actions to mitigate the adverse impacts

of such violation.






27-5: The extent of the violator's cooperation with the Royal Commission in

providing necessary data and dealing with the violation.

27-6: How fast the violator reported the case to the Service Provider or the Royal

Commission once it has taken place.

27-7: Any other criteria the Complaints and Violations Committee deems relevant.

Article Twenty Eight:

The Complaints and Violations Committee shall assess the appropriate penalty for

each violation as per the violations and Penalties Schedule attached to these

Regulations (Attachment 1) after classification thereof as per Articles (26) and (27)

above. The penalty for the violation shall be assessed as a percentage of the

maximum limit of the violation as stipulated in (Attachment 1) and according to the

schedule below:

The Violation's Category The Violation Level The Percentage from the

Maximum Limit for the

Fine

The Category of the

violation according to its hazards and adverse

impacts

Minor 0% - 20%

Regular 21% - 40%

Moderate 41% - 60%

Severe 61% - 80%

Very Severe 81% - 100%

Article Twenty Nine:

The Complaints and Violations Committee recommendation may include restriction

of the violator to benefit from the Service Provider’s services until payment of all

damages repair costs or compensations as per the electrical service disconnection rules

approved by the Electricity and Cogeneration Organization Commission.

Article Thirty:

In case a penalty is issued against any violator, this shall not prejudice the right of

affected parties to claim for compensation.

Article Thirty One:

The Complaints and Violations Committee shall prepare a record for all data

regarding the violator's name, the type, date and place of the violation and the penalty

imposed on it as well as all pertaining information.






Article Thirty Two:

An appeal against the Royal Commission’s issued decision can be made to the

Grievance Board within sixty (60) days from the violator's notification date.

Article Thirty Three:

33-1: The Committee shall assess the appropriate fine for each violation as per

Attachment (1) (The Violations and Penalties Classification Table).

33-2: In case of the recurrence of any of the violations stipulated in these Regulations,

the Committee may assess the fines by more than the maximum limit set for the

fine provided that it shall not exceed double the amount set for that limit.

Article Thirty Four:

The Complaints and Violations Committee may recommend issuing immediate

decisions in the urgent cases presented to it initially or during consideration of the

violation until they are resolved.

Article Thirty Five:

If the Complaints and Violations Committee deems that a violation is punishable by

imprisonment as stipulated in the Public Facilities Protection Law, it has the right to

recommend referring the violation to the concerned entity. This shall not impede the

collection of repair costs and fines stipulated in these Regulations.






Chapter Two

Concluding Provisions

Article Thirty Six:

36-1: After collection of repair costs and compensation due to the Service Provider,

all amounts of fines collected by the Royal Commission shall be transferred to

its account.

36-2: In case of violations that are not detected and proved as stipulated in these

Regulations, for reasons not attributed to the Service Provider, the Services

provider may refer the case to competent judicial entity to claim for any due

compensations.

36-3: Without prejudice to terms and conditions of these Regulations, and in case the

impacts lead to municipal violations. It shall be permissible to apply the fines

stipulated in the Fines and Penalties Regulations for the Royal Commission

for Jubail and Yanbu Municipal Violations.

Article Thirty Seven:

These Regulations shall be subject to updating every two Hijri years, as needed, and

approval of by His Highness the Chairman of the Royal Commission shall be

obtained.






Attachment

(1)

Violations and Penalties Classification Schedule






Violations and Penalties Classification Schedule Subject Page

First: Encroachment Violations on Power and Co-generation Facilities:

a. Damage, break down or disconnection of piping related to the service

provider.

b. Encroachment violations on plant structures or their networks to benefit from

their services illegally.

c. Encroachment violations and tampering with plant structures or their

networks to facilitate for others to benefit from their services illegally.

d. Encroachment violations on electrical lines right of way.

Second: Encroachment violations on Water Desalination, Water Treatment and Sea Water Cooling (SWC) Facilities:

a. Damage, break down, damage, break, or disconnect any extensions or hide

any of its landmarks.

b. Encroachment Violations on Water Desalination Plants Structures or their

networks to benefit from their services illegally.

c. Encroachment Violations and tampering with water desalination plants

structures or their networks to facilitate for others to benefit from their

services illegally.

d. Encroachment violations on desalinated water transmission lines right of

way.

Third: Encroachment violations on Communication Facilities:

- Damage, break down, cause damage, break or disconnect any extension or

material or hide any related landmarks. - Encroachment violations on structures or communication stations or plants to

benefit from its services illegally or facilitate for others to do that.

- Encroachment violations on right of way communication facilities and lines.






Fourth: Encroachment Violations on Railroads Facilities:

A- Damage Violations, break down, cause damage, break on disconnect any

extensions or materials or hide any related landmarks. B- Encroachment violations on railroads facilities or their networks to benefit

from their services illegally or facilitate the same for others.

C- Encroachment violations on facilities and railroads right of way. Fifth: Encroachment violations on Sanitary and Industrial waste water facilities:

A- Violations of damage, break down, cause damage or disconnect any

extensions or hide any related landmarks. B- Encroachment violations on sanitary waste water plants structures or their

networks to benefit from their services illegally or facilitate the same for others.

C- Encroachment violations on facilities and sanitary waste water lines right of

way.

Sixth: Encroachment violations on Public Roads Facilities:

A- Violations of damage, breakdown, cause damage or break, or disconnect any

extensions or hide any related landmarks.

B- Encroachment violations on public roads or their networks to benefit from

their services illegally or facilitate the same for others.

C- Encroachment violations on public roads facilities right of way.






First: Encroachment Violations on Electrical and Co-generation Facilities: S/N violation maximum penalty

A- Violations of damage, breakdown, or

disconnection any extension for the service

provider.

1 Structure, building or warehouse SR.100,000

2 Vehicle or heavy equipment SR.100,000

3 Power generation plant SR.100,000

4 Main switching station for HV lines (over 132 kv) SR.100,000

5 Switching sub-station for MV lines ( from 33 kv to

132 kv)

SR.100,000

6 Overhead lines, towers, poles or underground cables according to the following Voltages:

a- Transmission lines for the ultra-high voltages

over than 230 kv. b- Transmission lines for the

high voltages from 110 kv to 230 kv.

c- Primary distribution lines for medium voltages from 11 kv to less than 110 kv.

d- Secondary distribution lines on low voltages

less than 1 kv.

SR.100,000

SR.100, 000

SR.100,000

SR.100,000

7 Electricity distribution equipment for the 34,5 kv

and less including the following: a- Integrated

distribution station.

b- Distribution substation.

c- Overhead or ground distribution station.

d- Medium voltage switch. e- Low voltage

distribution panel.

SR.100,000

SR.100,000

SR.100,000

SR.100,000

SR.50,000

8 Any equipment for electric services including the

following: electrical distribution cabin, KWH Meter

and its accessories.

SR.50,000

9 Any communication, control lines or related devices

(boosters).

SR.3000






S/N violation maximum penalty

B- Encroachment violations on stations

structures or its networks to benefit from its

services illegally.

1 Encroachment on electrical switch gear, main

switching station, and high tension network.

SR.50,000

2 Encroachment on switching substation. SR.50,000

3 Encroachment on transmission lines on the ultrahigh voltages over than (230 kv).

SR.50,000

4 Encroachment on the high voltage transmission lines (110 kv - 132 kv).

SR.50,000

5 Encroachment on primary distribution lines of

medium voltage (11 kv – 69 kv).

SR.50,000

6 Encroachment on secondary distribution lines (low

voltage less than 11 kv).

SR.50,000

7 Encroachment on low voltage feeders panel. SR.50,000

8 Encroachment on electrical service equipment and

KHW meters.

SR.3,000

9 Encroachment on communication and control

cables or related devices (boosters).

SR.2,000

C- Encroachment violations and tampering

with stations structures or the networks to

facilitate for the others to benefit from services

illegally:

1 Facilitate for the others to benefit from electrical

facilities services or networks illegally.

SR.2000

D- Encroachment violations on electrical lines

right of way

1 Encroachment on electrical lines right of way. SR.50,000






Second: Encroachment Violations on Water Desalination, Water Treatment and Sea

Water Cooling (SWC) Facilities: S/N violation maximum penalty

A- Violations of damage, breakdown, causing

destruction, or breaking or disconnecting

extension or hide any related landmarks.

1 Any structures or tanks or accessories. SR.100,000

2 Pumping stations or accessories. SR.100,000

3 Any artesian wells or accessories. SR.100,000

4 Main water pipeline. SR.100,000

5 Sub-main water pipeline. SR.100,000

6 Any fire hydrant, fire pipe, protection barrier or

conceal its landmarks. SR.300

7 Any water stops or boxes. SR.300

8 Any valve of the main water lines partially or

entirely. SR.300

9 Any valve belongs to the sub-main water lines

partially or entirely. SR.300

10 Construct structure above the main water line

which may cause settlement or cracks. SR.100,000

11 Construct structure above the sub-main water line

which may cause settlement or cracks. SR.100,000

12 Throwing or placing solid harmful liquid or gas

substance or in water sources or its piping. SR.100,000

13 Any main water piping. SR.5000

14 Any sub-main water piping. SR.3000

15 Total or partial damage of network equipment and

devices. SR.30000

16 Tampering or modification on water meters. SR.5000

17 Tampering with network equipment and devices. SR.5000






18 Stealing the network equipment, devices, tools or

covers. SR.5000

19

Causing directly or indirectly blockage or dirt

accumulation on pipes or manholes or the

inspection chambers of the water network.

SR.10,000

20 Total or partial damage for water network and

channels. SR.10,000

B- Encroachment violations on Water

Desalination Stations, treated water, and Sea

Water Cooling (SWC) facilities and networks

to benefit from its services illegally:

1 Encroachment on produced water collection tanks. SR.50,000

2 Encroachment on the main water line. SR.50,000

3 Encroachment on sub-main water line. SR.50,000

4 Encroachment on fire hydrant or its connections. SR.50,000

5 Encroachment by connecting from main or

secondary line.

SR.50,000

6 Facilitate for others to benefit from water facilities

services or its networks illegally.

SR.50,000

C- Encroachment Violations or Tampering with

Water Desalination Plants, Treated

Water and Sea Water Cooling (SCW) Facilities

or its Networks by facilitating for others to

benefit from its services illegally:

1 Facilitating for others to benefit from water

desalination facilities services or its networks

illegally.

SR.2000

D- Encroachment Violations on desalinated

water transmission pipeline, treated water and

Sea Water Cooling (SCW) lines right of way:

1 Encroachment on desalinated water transmission

pipeline right of way.

SR.50,000






Third: Encroachment violations on Communication facilities:

S/N violation maximum penalty


damage, breaking or disconnection of any


1 Structures and its accessories. SR.100,000

2 Stations and its accessories. SR.100,000

3 Towers and accessories. SR.100,000

4 Main lines. SR.100,000

5 Secondary lines. SR.100,000

6 Construction of structures above the main

telecommunications lines which may cause

settlement or cracks.

SR.100,000

7 Construction of structures above the secondary lines

which may cause settlement or disconnection. SR.100,000

8 Breaking communication networks manholes or

handhole covers. SR.3000

9 CATV cable network. SR.50,000

10 Energy preparing unit for CATV cable networks. SR.50,000

B- Encroachment Violations on Facilities,

Communication Plants or Networks to benefit

from its services illegally or facilitate that for

others:

1 Encroachment on cabinets and their accessories. SR.50,000

2 Encroachment on communication line. SR.50,000

3 Encroachment by connecting from main or secondary

line connecting. SR.50,000

4 Facilitate for others to benefit from communication

facilities services or networks illegally. SR.50,000

C- Encroachment violations on facilities and

the communication lines right of way:

1 Encroachment on facilities and the

communication lines right of way.

SR.50,000






Forth: Encroachment Violations on Railways facilities: S/N violation maximum penalty


damage, breaking or disconnecting any


1 Structures and its accessories. SR.100,000

2 Plants and its accessories. SR.100,000

3 Main lines. SR.100,000

4 Secondary lines. SR.100,000

B- Encroachment Violations on Railways

facilities or networks to benefit or enable

others to benefit from its services illegally:

1 Encroachment on facilities and its accessories. SR.50,000

2 Encroachment on cabinets and accessories. SR.50,000

3 Encroachment on railways line. SR.50,000

4 Encroachment by creating a connection from main

or sub-line.

SR.50,000

5 Enable others to benefit from railways structures

services or networks illegally.

SR.50,000

C- Encroachment Violations on facilities right

of way and railways lines:

1 Occupation of railways lines right of way or to

benefit from it or use it in any way permanently

or temporarily or accidently.

SR.5000

2 Persons standing by or cars parking or animals

staying inside the railways lines right of way.

SR.5000

3 Crossing the lines or railways bridges or animals

to pass over and cross over them.

SR.5000






Fifth: Encroachment Violations on the Facilities of Sanitary and industrial Waste

Water and Storm Drainage Systems: S/N violation maximum penalty

A- Violations of damage, breakdown, causing damage,

breaking or disconnecting any extension or hide

any landmarks, related to:

1 Any structures or tanks or its accessories. SR.100,000

2 Any pumping stations or its accessories. SR.100,000

3 Any force main. SR.100,000

4 Any sub-main water line. SR.100,000

5 Any water stop or sanitary waste water stop box. SR.300

6 Any valve partially or entirely belongs to the force

main sanitary waste water.

SR.300

7 Any valve partially or entirely belongs to the

secondary sanitary waste water pipelines. SR.300

8 Constructing structures above the force main sanitary

waste water line that causes settlement or cracks. SR.100,000

9 Constructing structures above the secondary sanitary

waste water line that causes settlement or cracks. SR.100,000

10 Throwing or placing solid, liquid or gas substances in

sewage water sources or piping. SR.100,000

11 Any force main sewage piping. SR.5000

12 Any secondary sewage water piping. SR.3000

13 Total or partial damage of network equipment and

devices. SR.30,000

14 Tampering with network equipment and devices. SR.5000

15 Stealing network equipment, devices, tools or covers

. SR.5000

16 Directly or indirectly causing blockage or

accumulation of dirt into pipes or manholes of

sewage water and storm drainage systems.

SR.10,000

17 Total or partial damage for network and the

underground or surface channels of sanitary waste

water and storm drainage systems.

SR.10,000






B- Encroachment Violations on Sanitary and

Industrial Waste Water plants structures and

Storm Water Drainage System to benefit from

services, illegally, or enabling to others to

benefit.

1 Encroachment on sanitary waste water collection

tanks.

SR.50,000

2 Encroachment on the sewage force main. SR.50,000

3 Encroachment on sub-main sanitary waste water

line.

SR.50,000

4 Encroachment by extending a connection from

force main or secondary pipeline.

SR.50,000

C- Encroachment Violations on Sanitary and

Industrial Waste Water lines and Storm

Drainage System facilities right of way:

1 Encroachment on facilities right of way, Sanitary

and Industrial Waste Water lines and Storm Water

Drainage Systems.

SR.50,000






Sixth: Encroachment Violations on Public Roads Facilities: S/N violation maximum penalty

A- Violations of damage,

breakdown, disruption of:.

1 Any main road. SR.100,000

2 Any secondary road. SR.50,000

3 Throwing or placing solid or liquid harmful

substance on the road.

SR.50,000

4 Damaging asphalted and paved streets when

using tracked equipment or any other equipment

that may cause damage.

SR.1000

5 Cutting cables of the lighting poles SR.5000

6 Causing damage to pavements and curbs, or

lighting poles or lamps or the distribution panels

for roads or bridges.

SR.1000

B- Encroachment Violations on Public Roads

to benefit from services illegally or to enable

others to benefit:

1 Encroachment on main and secondary roads. SR.10,000

2 Encroachment on lighting poles and accessories. SR.10,000

3 Encroachment on the road’s accessories: fence,

sign boards, signals…etc.

SR.10,000

4 Enabling others to benefit from the roads, services

or accessories in an illegal manner.

SR.10,000

C- Encroachment Violations on facilities and

Public Roads right of way:

1 Encroachment on facilities and Public Roads right

of way.

SR.50,000






Attachment (2)

Recording and Investigation Forms






Form No. (1)

Reporting to the Industrial Security and Safety Department about public facilities protection law

violations.

His Excellency/ Director of Industrial Security and Safety Dept. ………………………..

Greetings,

Reference is made to Article 14 of the procedures for Recording and Investigating Encroachment

violations on service provider’s facilities.

Please be informed that we have been notified of the occurrence of (encroachment description): ………………………………………………………………………………………………………

………………………………………………………………………………………………………

…………………………………………………………………………………………………….. at

………………………………………………………….Area.

Our concerned employee shall receive / …………………………………………………………..

immediately the recording and investigating form and shall be on site at …… o’clock. ………………………………….. Date ……………………………………corresponding to / / 14 H.

We hope that your representative shall be assigned to cooperate with the said employee to

inspect and record the case and to provide every possible assistance in this regard.

Best Regards,






Form Nom. (2)

Recording report of Public Facilities Protection Violations Law.

Report number: ……………………………………

Date: / / 14 H

On (day) ……………………… corresponding to / / 14 H, at: …………………………. in (place

of issuing the report) ………………………. I (full name of the reporter)

………………………………. Employee of ……………………………department moved

to…………… ……………………………….. (the violation location) ………………………. ……………………………………………………………………………………………………..

to conduct inspection (name of the violation) ………………………………………………….

Upon being discovered by (how the violation was discovered) ……………………………. At the

time (time of discovering the violation) …………………………………………………. On day

(day of discovering the violation)………………………corresponding to / / 14 H The inspection

was conducted as follows:

First: Date of violation occurrence / / 14 H.

Second: Place of violation occurrence (detailed description of the place of the

violation)…………...

………………………………………………………………………………………………………

Third: Description of the violation and the acknowledgment (detailed description of the violation)…………… ……………………………………………………………………………………………………..

and this has resulted in (detailed description of damages) ………………………………………..

……………………… and we demonstrated the violation and damages by a layout sketch

specifying the violation scene and how it happened and the resulting damages.

We concluded from this inspection that, there is no intension suspicion.

Or we concluded from the inspection:

□ There is intension suspicion ………………………………………….. Or,

□ The violator encroached upon …………………………………………..

In order to benefit from the services of (utility) …………………………… illegally so we

did immediately notified Industrial Security and Safety Dept. ……………….. and their

representative / …………attended and commenced proceedings, with us.






Fourth: The Violator:

□ The violator is known (company’s or organization, or individual name)

( if it is a company or organization, then write the name of the representative on site).

And he/it working for …………………………………………………

□ Or we could not specify the violations or recognize him; thus, we informed

Industrial Security and Safety Dept. …………………………..

And their representative Mr.……………………………………. attended and

commenced proceedings, with us.

Fifth: The violator’s Statement:

□ The violator in person (or his representative), at the time of issuing this

report, decided that…………………………………..……

□ Or due to non-existence of the violator or his representative, we fixed day

…………. Corresponding to / / 14 H. to make his statements. We have

issued him a notice numbered ……………. Dated / / 14 H.

Sixth: Notes:

1- List of equipment, devices and tools used to commit the violation (if

any)……………………………………………………………………………

2- Did the violator submit a request for obtaining the drawing and instructions? Or

not?

………………………………………………………………………………..

Seventh: Signatures:

□ The violator has signed after giving his statements before us.

□ Or the violator rejected to sign after issuing the report; therefore, we

informed Industrial Security and Safety Dept. …………………………..

and their representative/ …………………………….attended and

commenced proceedings with us.






Signature (The violator):

Name of the violator: ……………….……………………………………………….

(National ID No./ Passport No / Residence Permit)………………….……….

Date of Issuance / /

Issued at

Signature:

(the concerned employee)

Name: ………………………………………………………………………………..

Signature:

Industrial Security and Safety Dept. Representative Signature Name:

Signature:

Witnesses signature (if any)

Name: ………………………………………………………………………………..

Identification number particulars:

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………….….

Signature:

Form No. (3)

Summon to the violator to attend to Industrial Security and Safety Dept.

Report number ………………………. Date …………………………………… Mr.

/ …………………………………………………………………

Greetings,






Pursuant to Article 14 of the procedures of Recording & Investigating the

violations of Public Facilities Protection Law.

Please be informed that we had been notified of the occurrence of the violation

(violation’s title)

……………………………………………………………………………………….

City …………………………………….. district ………………………………….

Date ………………………………………………

And therefore you are requested report to Industrial Security and Safety Dept. in …….. city within a period of maximum 5 working days from the date of receiving this letter.

Violator’s name/ …………………………………………………………………….

Signature of the violator or the signature of one of his family members or followers:

……………………………………………………………………………………….

KINGDOM OF SAUDI ARABIA ROYAL COMMISSION FOR JUBAIL … · 2017-10-09 · KINGDOM OF SAUDI ARABIA...

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