Regulation of the Minister of Public Works of RI No. 11/PRT/M/2014 on the management of rain water on buildings and their plot of land

THE MANAGEMENT OF RAIN WATER ON BUILDINGS AND THEIR PLOTS OF LAND (Regulation of the Public Works Minister No. 11/PRT/M/2014 dated September 24, 2014) BY THE GRACE OF GOD ALMIGHTY THE PUBLIC WORKS MINISTER OF THE REPUBLIC OF INDONESIA, Considering a. that to maintain water cycle and natural hydrolog ical condition and meet water needs at buildings, it is necessary to use and manage rain water on buildings and their plots of land; b. that to follow up on provisions as referred to in letter a and reduce the risk of flood due to exces sive amount of water during rains, it is necessary to channel rain water which falls on buildings and their plots of land; c. that pursuant to Article 42 of Government Regu lation No. 36/2005 on Implementation Regulation of Law No. 28/2002 on Buildings, every build ing must be equipped with facility to channel rain water as one of the requirements of sanitation system; d. that based on the considerations as referred to in letters a, b, and c, it is necessary to stipulate Regulation of the Public Works Minister on the Management of Rain Water on Buildings and Their Plots of Land; In view of : 1. Government Regulation No. 36/2005 on Imple mentation Regulation of LawNo. 28/2002 on Buildings (Statute Book of 2005 No. 83; Supple ment to Statute Book No. 4532); 2. Government Regulation No. 38/2007 on the Sharing of Administrative Affairs Among the Gov ernment, Provincial Governments and Regency/ Municipal Governments (Statute Book of 2007 No. 82; Supplement to Statute Book No. 4737); 3. Government Regulation No. 42/2008 on the Management of Water Resources (Statute Book of 2008 No. 82; Supplement to Statute Book No. 4858); 4. Government Regulation No. 15/2010 on Spatial Layout (Statute Book of 2010 No. 21; Supple ment to Statute Book No. 5103); 5. Presidential Regulation No. 47/2009 on the For mation and Organization of State Ministry, as al ready several times amended the latest by Presi dential Regulation No. 13/2014; 6. Presidential Regulation No. 24/2010 on the Po sition, Task and Function of State Ministry and the Organizational Structure, Task and Function of Echelon Oti4c'mks pi State Ministry as already Business News 8707-8708/5-27-2015 27 several times amended the latest by Presidential Regulation No 14/2014; 7. Regulation of the Public Works Minister No. 29/ PRT/M/2006 on Guide to Technical Requirements of Buildings; 8. Regulation of the Public Works Minister No. 24/ PRT/M/2007 on Technical Guide to Building Con struction Permits; 9. Regulation of the Public Works Minister No. 25/ PRT/M/2007 on Worthiness Certificate of Build ings; 10. Regulation of the Public Works Minister No. 26/ PRT/M/2007 on Guide for a Team of Building Experts; 11. Regulation of the Environment Minister No. 12 /2009 on the Use of Rain Water; 12. Regulation of the Public Works Minister No. 08/PRT/M/2010 on the Organization and Work Mechanism of the Public Works Ministry; 13. Regulation of the Public Works Minister No. 11/ PRT/M/2012 on National Action Plan for the Mitigation and Adaptation of Climate Change of 2012-2020; 14. Regulation of the Public Works Minister No. 01/ PRT/M/2014 on Minimum Service Standard in the Field of Public Works and Spatial Layout; DECIDES: THE MANAGEMENT OF RAIN WATER ON BUILD INGS AND THEIR PLOTS OF LAND. CHAPTER I GENERAL PROVISIONS Part One Definition Article 1 Referred to in this Ministerial Regulation as : 1. The management of rain water on buildings and their plots of land is an effort and activity to maintain natural hydrological condition by making maximum use of rain water, infiltrating rain wa ter and temporarily storing rain water to reduce flood debit by taking optimum advantage of natu ral elements and artificial elements. 2. Building is physical form of the result of construc tion work integrated with its domicile, partly or entirely found on and/or under land and/or water functioning as a place for human beings to carry out their activities, either for residence or home, religious activities, business activities, social ac tivities, religious activities or special activities. 3. Plot of land for building is a plot of land with cer tain acreage belonging to an individual, legal en tity or the state, designated to erect a building. 4. Rain water is part of water in the nature originat ing from water particles on the air and falling on the earth. To stipulate: 5. Rainfall is the amount of rain falling in area within REGULATION OF THE PUBLIC WORKS MINISTER ON a certain period of time. 28 Business News 8707-8708/5-27-2015 6. Urban drainage is drainage in an urban area func- as a means to accommodate rain water so that it tioning as a means to manage or control surface water so that it will not disturb and/or harm the public. 7. Rain water management facility is a building oper ated to gather and use, infiltrate and detain rain water 8. Rain water accommodating facility is part of rain water management facility functioning as a means to accommodate rain water for use. 9. Retention facility is part of rain water man agement facility functioning as a means to ac commodate rain water to be infiltrated into land 10. Detention facility is part of rain water manage ment facility functioning as a means to accom modate rain water to be distributed according to the aim of its use. 11. Rain water detention is an effort to gather rain water in the rain water management facility for the time being to reduce the volume of overflow ing rain water having the potential to cause inun dation. 12. Rain water management infrastructure is a com plementary building functioning as a means to support the operation of rain water management facility. 13. Infiltration well is a drainage facility functioning as a means to infiltrate rain water from the roof can be used as a source of raw water. 15. Retention pool is a drainage facility functioning as a means to accommodate and infiltrate rain water in an area. . 16. Building Construction Permit is a permit issued by regency/municipal government to the owner of building to build new building, alter, expand, reduce and/or maintain a building according to ad ministrative and technical requirements. 17. Function-worthy certificate, hereinafter abbrevi ated into SLF, is a certificate issued by regency/ municipal government, especially for the Special Capital Province of Jakarta by the government of the Special Capital Province of Jakarta, except for building with special functions by the Govern ment to state the worthiness function of a build ing, either administratively or technically, before being used. 18. Mandatory rain water management status is a re quirement that must be met by a building and its plot of land informed by regency/municipal gov ernment, especially for the Special Capital Prov ince of Jakarta by the government of the Special Capital Province of Jakarta to the applicant for IMB to provide rain water management facilities and infrastructures on the building and its plot of land. 19. 95-percentle rainfall is the lowest daily rainfall of building to land through a well hole. which is equal to or higher than 95% of the ex 14. Reservoir pool is a drainage facility functioning isting caknt a1/41/4 Business News 8707-8708/5-27-2015 29 GOVERNMENT REGULATIONS 20. Building operator is building owner, building con- law enforcement. struction service provider and building user. 28. Central government, hereinafter called the Gov 21. Instrument for the management of rain water on ernment is the President of the Republic of In- ; building is a facility used by regency/municipal donesia holding the government power of the I government, especially for the Special Capi- Republic of Indonesia as referred to in the 1945 tal Province of Jakarta by the government of the Constitution of the Republic of Indonesia. Special Capital Province of Jakarta, to manage 29. Minister is minister carrying out government af rain water on building and its plot of land. fairs in the field of public works. 1 22. Phase of the management of rain water is a series of activities carried out in a sequential order to Part Two manage rain water on building. Purpose and Aim 23. Mandatory volume of managed rain water is to- Article 2 tal volume of rain water per day that must be (1) The purpose of issuing this Ministerial Regulation I managed on building and its plot of land using is to provide reference for the government, pro 1 natural elements and artificial elements. vincial governments, regency/municipal govern 24. Guidance for the operation of building is the ac- 1 ments and building operators in managing rain tivity related to regulation, empowerment and su- water on buildings and their plots of land. pervision to create good governance so that the (2) The aim of issuing this Ministerial Regulation is to operation of building can run orderly and achieve realize the management of rain water on buildings the reliability of building according to its function and ensure legal certainty. and their plots of land optimally. 25. Regulation is the compilation and institutionaliza- Part Three tion of regulations, guidance, directives and tech- Scope nical standard of building up to regions and its Article 3 operation in the community. The scope of this Ministerial Regulation coy 26. Empowerment is the act of growing awareness ers : of rights, obligation and roles of building opera- a. the management of rain water on buildings and tors and regional government apparatuses in op- their plots of land; erating buildings b. the endorsement of mandatory rain water man 27. Supervision is the act of monitoring the applica- agement status for buildings and their plots of I tion of law and regulation in the building field and 1 land; 1 30 Business News 8707-8708/5-27-2015 MONS c. the operation of facilities and infrastructures for attachment which is an integral part of this Min the management of rain water on buildings and isterial Regulation. their plots of land; d. guidance; and e. public role. CHAPTER II THE MANAGEMENT OF RAIN WATER ON BUILD INGS AND THEIR PLOTS OF LAND Article 4 The management of rain water on buildings and their plots of land is conducted by paying atten tion to : Article 6 (1) Instruments for the management of rain water on buildings and their plots of land as referred to in Article 4 letter b cover: a. information on the characteristics of zone re lated to the characteristics of land, topogra phy, ground water surface and types of rain water management facilities; b. instruments for the management of rain wa ter on new buildings; and c. instruments for the management of rain wa ter on the existing buildings. (2) Information on the characteristics of zone as referred to in paragraph (1) letter a constitutes the result of study on the characteristics of zone which is the responsibility of regency/municipal governments, or the Government of the Special Capital Province of Jakarta especially for the Spe cial Capital Province of Jakarta. (3) The study on the characteristics of zone as re ferred to in paragraph (2) can be carried out as part of Building and Environment Spatial Plan (RTBL). (4) Instruments for the management of rain water on new buildings as referred to in paragraph (1) let a. general pattern for the management of rain water on buildings and their plots of land; b. instruments for the management of rain water on buildings and their plots of land; and c. phases of the management of rain water on build ings and their plots of land. Article 5 (1) The general pattern for the management of rain water on buildings and their plots of land as re ferred to in Article 4 letter a consists of : a. principles of the management of rain water on buildings and their plots of land; and b. benefit of the management of rain water on buildings and their plots of land. (2) Provisions on general pattern for the management ter b consist of : of rain water on buildings and their plots of land a. Information on City Plan (KRK); as referred to in paragraph (1) are set forth in b. (MB; and Business News 8707-8708/5-27-2015 1 31 c. SLF. (5) Instruments for the management of rain water on the existing buildings as referred to in paragraph (1) letter c consist of : a. rain water management audit form; b. rain water management notification; and c. written statement of rain water management. (6) The rain water management audit form as re which is an integral part of this Ministerial Regula tion. CHAPTER III THE ENDORSEMENT OF MANDATORY RAIN WATER MANAGEMENT STATUS FOR BUILDINGS AND THEIR PLOTS OF LAND Article 8 ferred to in paragraph (5) letter a is set forth in The endorsement of mandatory rain water attachment which is an integral part of this Min- management status for buildings and their plots of isterial Regulation. land is done by paying attention to : (7) The rain water management notification as re- a. principles for the endorsement of mandatory rain I ferred to in paragraph (5) letter b consists of : water management status for buildings and their a. endorsement of mandatory rain water man- plots of land; agement status; b. criteria for the endorsement of mandatory rain b. document of technical plan for rain water water management status; and management; and c. procedure of endorsing mandatory rain water c. span of time for the provision of rain water management status for buildings and their plots management facilities and infrastructures, of land. Article 9 Article 7 (1) Mandatory rain water management status for (1) Phases of the management of rain water on buildings and their plots of land is endorsed by buildings and their plots of land as referred to in regency/municipal governments, or the Govern Article 4 letter c consist of : ment of the Special Capital Province of Jakarta a. phase of management for new buildings; and especially for the Special Capital Province of Ja b. phase of management for the existing build- karta. ings. (2) The endorsement of mandatory rain water man (2) Details of phases of the management of rain wa- agement status for buildings and their plots of ter on buildings and their plots of land as referred land is conveyed to the applicant for IMB together to in paragraph (1) are set forth in attachment with the issuance of KRK. 32 Business News 8707-870815-27-2015 (3) The endorsement of mandatory rain water man agement status in the document of technical plan for building is part of the prerequisite to issue IMB. (4) Mandatory rain water management status for buildings and their plots of land covers: a. Mandatory 95-percentile rain water manage ment status; and b. Mandatory rain water management status based on specific hydrological analysis. (5) Details of mandatory 95-percentile rain water management status as referred to in paragraph (4) letter a are set forth in attachment which is an integral part of this Ministerial Regulation. (6) Details of mandatory rain water management status based on specific hydrological analysis as referred to in paragraph (4) letter b are set forth in attachment which is an integral part of this Ministerial Regulation. Article 10 (1) The criteria for the endorsement of mandatory rain water management status as referred to in Article 8 letter b serve as a reference for regen cy/municipal governments and the Government of the Provincial Capital of Jakarta in endorsing mandatory rain water management status for new buildings and existing buildings. (2) The criteria for the endorsement of mandatory rain water management status as referred to in paragraph (1) are set forth in attathnlent WW1 Business News is an integral part of this Ministerial Regulation. Article 11 The procedure of endorsing mandatory rain water management status for buildings and their plots of land as referred to in Article 8 letter c, t set forth in attachment which is an integral part of this Ministerial Regulation. CHAPTER IV THE OPERATION OF FACILITIES AND INFRASTRUC TURES FOR THE MANAGEMENT OF RAIN WATER ON BUILDINGS AND THEIR PLOTS OF LAND Article 12 The operation of rain water management fa cilities and infrastructures covers: a. principles for the use of facilities and infrastruc tures for the management of rain waters on build ings and their plots of land; b. types, dimension, illustration, and placement of rain water management facilities and infrastruc tures; and c. procedure of planning rain water management fa cilities and infrastructures. I Article 13 Principles for the use of rain water manage ment facilities and infrastructures as referred to in Ar ticle 12 letter a consist of : \ a. the operation of facilities and infrastructures for 9707-8708/5-27-2015 1 33 the management of rain waters on buildings and their plots of land shall consider thecharacteris tics of land, topography, and ground water sur face on the plots of buildings; b. the dimension of rain water management facili ties and infrastructures is calculated by consider ing the intensity of rainfall and the area of plots of buildings; and c. function worthiness of rain water management facilities and infrastructures which is part of the prerequisite to the issuance of SLF and the ex tension of SLF. Article 14 (1) The types of facilities and infrastructures as re ferred to in Article 12 letter b cover types of facilities and infrastructures. (2) The types of rain water management facilities as referred to in paragraph (1) cover: a. rain water accommodating facility; b. retention facility; and c. detention facility. (3) The selection of the types of rain water man agement facilities and infrastructures as referred to in paragraph (1) shall consider requirements, needs of building owner or user as well as priority scale of rain water management pattern, includ tion; and c. retain rain water for the time being to reduce the overflowing of rain water. (4) Types of rain water management infrastructures as referred to in paragraph n (1) cover: a. rain water drain; b. rain water gutter; c. control vessel; d. filter vessel; e. pipe; and f. water tap. (5) Rain water management infrastructures shall be planned to be able to support the operation of rain water management facilities. (6) Dimension, illustration, and placement of rain water management facilities and infrastructures as referred to in Article 13 letter b, are set forth in attachment which is an integral part of this Ministerial Regulation. Article 15 The procedure of planning rain water man agement facilities and infrastructures as referred to in Article 12 letter c are set forth in attachment which is an integral part of this Ministerial Regulation. Article 16 ing (1) If buildings and their plots of land cannot tech a. making maximum use of rain water on build- nically and non-technically manage rain water in ings and their plots of land; a self-sufficient way, the government and the b. making maximum use of rain water infiltra- government of the Special Capital Province of 34 Business News 8707-8708/5-27-2015 Jakarta shall manage rain water on a zone scale by observing the law and regulation. (2) The management of rain water on a zone scale as referred to in paragraph (1) can be used as the basis for regency/municipal governments and the government of the Special Capital Province of Jakarta in issuing IMB. CHAPTER V GUIDANCE Article 17 (1) Guidance for the management of rain water on buildings and their plots of land is part of the whole guidance for the operation of buildings by the government, provincial governments and re gency/municipal governments. (2) The guidance as referred to in paragraph (1) is done by : cover : a. drafting of norms, standards, procedures, and cri teria (NSPK); b. dissemination of NSPK; and c. provision of technical assistance. (2) Guidance through regulation as referred to in Ar ticle 17 paragraph (3) letter a done by provincial governments to regency/municipal governments covers: a. dissemination of NSPK; and b. provision of technical assistance. (3) Guidance through regulation as referred to in Ar ticle 17 paragraph (3) letter a done by regency/ municipal governments and the government of the Special Capital Province of Jakarta to opera tors of buildings cover: a. drafting of regulation; and b. dissemination of regulation. a. the government; b. provincial governments; and Article 19 c. regency/municipal governments. (1) Guidance through empowerment as referred to (3) The guidance as referred to in paragraph (1) is in Article 17 paragraph (3) letter b done by the done through: government to provincial governments, regency/ a. regulation; municipal governments and operators of build b. empowerment; and ings cover: c. supervision. a. provision of technology related to the man agement of rain water; Article 18 b. socialization; and (1) Guidance through regulation as referred to in Ar- c. training. ticle 17 paragraph (3) letter a done by provincial (2) Guidance through empowerment as referred CAMMKAS K16 legency)rnuni6pa) governments to in Article 17 paragraph (3) letter b done by Business News 8707-8708/5-27-2015 35 provincial governments to regency/municipal gov ernments and operators of buildings covers: a. socialization; and b. training. CHAPTER VI PUBLIC ROLE Article 21 (1) The public can play a role in the management (3) Guidance through empowerment as referred to of rain waters on buildings and plots of land by in Article 17 paragraph (3) letter b, a done by among others: regency/municipal governments and the govern- a. helping provide information related to the ment of the Special Capital Province of Jakarta to characteristics of land, topography, and operators of buildings cover : depth of ground water surface in nearby en a. socialization; and vironment within the framework of a study b. training of regional characteristics done by regency/ municipal governments and government of Article 20 Special Capital Province of Jakarta for the (1) Guidance through supervision as referred to in Special Capital Province of Jakarta. Article 17 paragraph (3) letter c is done by the b. taking an active part in implementing the government to provincial governments by moni- management of rain water on buildings and toring the application of regulation related to the their plots of land in each phase of the op management of rain water on buildings and their plots of land eration of buildings, namely planning phase, construction phase and use phase. (2) Guidance through supervision as referred to in c. reporting in writing any building which does Article 17 paragraph (3) letter c is done by pro- not meet mandatory status of rain water vincial governments to regency/municipal govern- management to regency/municipal govern ments by monitoring the application of regulation ments, or to the government of Special Capi related to the management of rain water on build- tal Province of Jakarta for the Special Capital ings and their plots of land Province of Jakarta. (3) Guidance through supervision as referred to in Ar- d. taking an active part in disseminating infor ticle 17 paragraph (3) letter a is done by regency/ mation related to the management of rain wa municipal governments to operators of buildings ters on buildings and plots of land by monitoring the application of regulation related (2) The public role in planning phase, construction to the management of rain water on buildings and phase and use phase as referred to in paragraph their plots of land. (3) letter b is set forth in attachment which is 36 Business News 8707-8708/ 5-27-2015 an integral part of this Ministerial Regulation. CHAPTER VII CONCLUSION Article 22 When this Ministerial Regulation began to take effect, all regulations related to the management of rain waters on buildings and plots of land shall remain valid, provided they do not contradict this Ministerial Regulation. Article 23 This Ministerial Regulation shall come into force as from the date of promulgation. For public cognizance, this Ministerial Regula tion shall be promulgated by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On September 24, 2014 THE PUBLIC WORKS MINISTER OF THE REPUBLIC OF INDONESIA, sgd. DJOKO KIRMANTO Promulgated in Jakarta On September 26, 2014 THE LAW AND HUMAN RIGHTS MINISTER OF THE REPUBLIC OF INDONESIA, sgd. AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONE SIA OF 2014 NO. 1394 (5) Business News 8707-8708/5-27-2015 37