16. Builder Contractor Rules

The Loreto Bay Master Condominium Rules and Regulations provide for suspending construction until Owners who are in violation of any of the established Design Review Guidelines or Administrators Rules correct such violations. In addition, the Managing Agent, through Area Supervision personnel, has the power to remove or ban from the Common Areas any person(s) who repeatedly violate these rules.

16A. Identification

No builders or contractors, or their employees or workers, will be allowed to work within Loreto Bay without approved forms of identification that clearly identifies the builders or contractors and their employees or workers, as workers of the builders’ or contractors’ firms. Approved forms of identification include:

name tags approved or issued by the Managing Agent; or

a readily recognizable shirt or uniform with the builder’s or contractor’s firm name or logo prominently displayed on the front or back of the shirt.

Owners and Occupants must send day laborers they hire for short-term projects to the Area Supervision office to obtain an identification tag before such work is begun.

16B. Permitted Work Hours

The following work hours are permitted in Loreto Bay:

• Monday-Friday, from 8:00 AM to 5:00 PM, October-May.
• Monday-Friday, from 7:00 AM to 6:00 PM, June-September.
• Saturday, from 8:00 AM to 1:00 PM
• Sunday, and designated holidays, no construction activity is permitted, unless in emergencies and approved by the Managing Agent.

The Managing Agent must provide advance notice to builders and contractors of upcoming holiday quiet periods. The Managing Agent may modify or change the permitted work hours as needed.

In the rare instances that builders or contractors need to work beyond the permitted work hours, they must request work hour extensions from the Managing Agent. Approval will be considered on an individual basis depending on the type of work being performed and the potential for disruption to the community. Exceptions to the permitted work hours may be approved when necessary to prevent unsafe or unsanitary conditions or when failure to approve an exception would be unreasonable.

No Sunday work extension will be granted if the work involves the use of noise generating tools or equipment unless it is an emergency.

If the builders or contractors need to hire night security guards at their construction sites, they must request authorizations from the Managing Agent. The Managing Agent will seek the Administrators’ approval for this form of work hour extension. If approved, the contractor’s or builder’s security guards must remain at the work site throughout their watch.

16D. Parking Control

Builders and contractors are encouraged to take reasonable steps to lessen the impact of workers parking along the Paseo during their workday by encouraging carpooling or shuttling of workers from an offsite area.

No construction material deliveries are permitted outside work hours except in cases of emergency. Suppliers delivering construction materials will do so in a timely and expeditious manner.

Builders and contractors are strongly discouraged from leaving trucks or machinery overnight on the Paseo or in the area of Agua Viva known as the “Race Track”. In the event such equipment is left on the Paseo or “race track” for a period which violates local or federal law, the Managing Agent may request the City of Loreto to tow such trucks or machinery at the owner’s expense.

16E. Isolating Construction Sites

In the case of new construction or large remodeling projects where there is extensive exterior work being performed, the work areas must be fenced off with cyclonic mesh covered by a material similar to green shade material. This mesh must have a minimum height of 2 meters and serve as a border between the work area, the surrounding area, and pedestrian walkways. The fencing must be maintained in good condition and kept clean at all times.

All building materials, construction equipment and tools must be kept within the confines of the fencing or on nearby vacant lots with the permission of the Owners of such vacant lots.

Exceptions to these requirements may be approved by the Managing Agent when reasonably necessary.

16F. Bathroom Facilities

With new construction, builders and contractors must provide, at a minimum, one portable enclosed toilet within the approved work site. The toilet must be cleaned on a regular basis for odor mitigation.

In other than new construction, the Owners must make toilet facilities available to the builders’ or contractors’ employees and workers. If toilet facilities cannot be made available by the Owners, then portable toilet facilities must be provided by the builders or contractors in areas approved by the Managing Agent.

16G. Construction Trash and Debris

Builders and contractors are responsible for the continuous and timely removal of construction debris from the building sites. Under no circumstances may construction debris be left on public walkways or adjacent lots. All trucks carrying construction debris or waste soils through Loreto Bay must have dust covers over the hauled materials.

Food wastes must be placed in appropriate containers and removed from the work sites in a timely manner.

16H. Noise and Dust Control

Fabrication of doors, windows, cabinets or granite countertops at work sites by setting up fabrication shops is forbidden. The actual fabrication from raw materials must be performed off site and brought to the construction sites for installation.

Cutting of any stone product (tile, cantara, granite, etc.,) by mechanical means in a large-scale project must be accomplished with a “wet saw”. Dry cutting is only allowed for small quantity projects, typically projects of fewer than 3 square meters.

16I. Property Damage by Contractors

Builders and contractors are responsible for all damages caused to property (both private and public) within Loreto Bay by them, their employees, or their machinery. All property damage must be immediately reported to Area Supervision, which must do a property damage report.

Immediately after Area Supervision has completed its damage report and the Managing Agent has reviewed and confirmed the required repairs or replacement, the builder or contractor must repair or replace the damaged area or items to the previous conditions at their expense. Such repairs or replacements must be completed as soon as reasonably possible, unless a longer time is approved in writing by the Managing Agent.

16J. Accident or Incident Reporting

Owners, Occupants, builders and contractors must immediately report to Area Supervision and to the affected Owners, if not the reporting party, any accidents or incidents occurring at any job site or within Loreto Bay involving any of their employees, workers or equipment.

Accidents are described as any situation wherein a builder, contractor, employee or other worker suffers any type of bodily injury or causes bodily injury to someone else.

Incidents are non-injury situations involving violations of law or rules.

Reports may be made either in person by contacting any member of Area Supervision or to the Area Supervision office by phone.

Area Supervision must prepare accident or incident reports promptly. A copy must be provided to the Managing Agent, affected Owners, contractors and builders, any of whom may file supplemental reports within fifteen days. The Managing Agent must maintain such records in accordance with the instructions of the Administrators.

16K. Prohibited Acts or Behavior

Builders or contractors and their employees or workers, as well as any day laborers employed directly by Owners, must not commit the following acts at the work site during their work hours: consumption of alcoholic beverages or illegal drugs; disorderly or unruly conduct; bringing pets to the construction site; or making loud music or excessive noise.

Accessing construction sites or adjacent homes or buildings, whether occupied or not, by climbing over walls or fences is strictly forbidden without permission of the affected homeowner, unless necessary in an emergency.

Except for reasonable rest or meal breaks, workers must not occupy or remain at the work site, when no actual work is in progress, unless as invited Guests of the Owners.

There must be no violation of any applicable local or federal law by builders or contractors or their employees or workers or any day laborer hired directly by Owners while doing business or providing services in Loreto Bay.