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Memorial safety check and repair

The information is aimed to help you understand why it is necessary for the Council to carry out safety tests on memorials to ensure a safe environment for visitors and staff, what the safety tests involve and how the testing process may effect you.

If you know anyone who visits a cemetery or owns a memorial please advise them to read this information.

Why are we testing memorials?

Health and Safety concerns within burial grounds focus on the increased risk to the public from unstable memorials. Despite a number of accidents in the past it was not until the death of a child in 1995 that the extent of the problem was realised.

Many accidents have been caused by memorials toppling over. Sometimes they have been weakened by children playing around. Another times children are harmed when these memorials become unstable for various reasons, for example due to the poor ground conditions, failure of the foundation, inadequate jointing of parts, poorly executed repairs or general weathering and erosion, and eventually fall over.

The Health and Safety Executive has made it clear that Local Authorities require a suitable inspection programme for memorials to ensure the health and safety of the public. It is a legal requirement under the Health and Safety at work Act 1974. The safety inspections are also in line with advice from the Health and Safety Commission (HSC) which highlighted the fact that across the country there have been 21 serious accidents, including seven fatalities during the last ten years. In June 2002 the City of Durham adopted a Memorial Management Programme. This involved adopting a corporately written strategy, implementing a 5 year rolling inspection programme and a system for assessing the risk posed by unstable memorials. The City of Durham appreciate that the testing and making safe memorials may cause upset to bereaved families, but our priority has to be the safety of those people visiting and working within the burial grounds.

• Health and Safety at Work Act 1974.
• Reporting of Injuries Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995.
• Management of Health and Safety at Work Regulations 1999.
• Planning (Listed Buildings and Conservation Areas) Act 1990 - As amended
• DETR Circular 01/2001, Culture Media and Sports Circular 01/2001.
• Arrangements for handling heritage application, notification and directions by the Secretary of State.
• Planning Policy Guidance: Planning and the Historic Environment (PPG15).
• 1971 Local Government Act, Miscellaneous Provisions
• Local Government Ombudsman Report - March 2006

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Who is responsible for the safety of a memorial?

Responsibility in the first instance rests with the purchaser or owner of the memorial, or the stonemason or the person who puts the memorial up. However in most instances, those memorials which are dangerous and requiring works to make them safe are many years old and the purchaser, owner or stone mason who erected the memorial cannot be traced.

Ultimately all Local Authorities maintaining cemeteries are under a duty of care to ensure that they are safe places for staff and visitors and are therefore responsible for carrying out safety checks on memorials, to ensure that they are in a good and stable condition and not likely to topple over.

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Which burial grounds are maintained by the City of Durham?

The City of Durham currently maintains 22 closed burial grounds through out the district;

1. Brandon Village Cemetery
2. College View Cemetery, Esh Winning
3. Meadowfield Cemetery
4. Park Wood Cemetery, Waterhouses, Esh Winning
5. St Bartholomew's Churchyard Sunderland Bridge Village
6. St Bede's Churchyard, Redhills, Durham City
7. St Cuthbert's Churchyard, North Road, Durham City
8. St Cuthbert's Churchyard, Shadforth
9. St Edmonds Churchyard, Bearpark
10. St Giles Churchyard and Cemetery, Gilesgate
11. St Helens Churchyard, Kelloe
12. St Lawrence Churchyard, Pittington
13. St Margaret of Antioch Churchyard, Crossgate, Durham City
14. St Mary's Churchyard, Coxhoe
15. St Mary's Churchyard, Sherburn Village
16. St Mary's Churchyard, Shincilffe Village
17. St Mary Magdalene churchyard, Belmont
18. St Michael and All Angles Churchyard, Witton Gilbert
19. St Nicholas Churchyard, Providence Row, Durham City
20. St Oswald's Churchyard and Cemetery, Church Street, Durham City
21. Ushaw Moor Cemetery
22. West Rainton Cemetery

Durham Crematorium, South Road, Durham City is owned and operated by a Joint Committee on behalf of Durham City Council and Spennymoor Town Council, however it does not form part of the annual inspection programme.

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What do the safety tests involve and who will carry them out?

The City of Durham, Heritage & Design, Trainee Conservation Officer has undertaken training in the Management of Memorials by the Institute of Burial and Cremation Administration (I.B.C.A.) and along with the City of Durham Health & Safety Officer will be carrying out all of the memorial testing using a procedure recommended by the memorial mason industry and professional associations.

The inspection of the memorials will be carried out using a 4 stage inspection process;

1 Visual

Firstly a visual inspection of each individual memorial within the burial ground is carried out, the memorials details are recorded, information such as the inscription, memorial type, materials etc, then a photograph is taken and the memorials location plotted on to a ordnance survey plan.

2 Physical test part 1 "hand test"

Secondly a "hand test" is then carried out to initially assess the memorials stability. This will take place on all memorials up to a height of around 2.5m (memorials over 2.5m will be surveyed under a separate inspection). If the memorial can be significantly moved then it is deemed to have failed the physical test and is unsafe.

3 Physical test part 2 "machine test"

If the memorial can be slightly moved with the hand test then the third phase will be implemented using a "Topple Tester" machine. The topple tester will not be used on memorials over 1.5m. Should the memorial fail the topple test then it is deemed to be unsafe and the appropriate action will be taken.

4 Risk Assessment

Finally a risk assessment is carried out. On completion of the above physical tests the memorial is then classified into one of the 5 risk assessment categories shown as follows;

Category 1

Memorial is in an immediately dangerous condition (failed hand test). Remedial action taken at the time of the inspection by identification with health and safety tape, warning notice attached stating possible danger, memorial is to be laid down within 24 hours of identification. Or fitting of appropriate stabilising device.

Category 2

Memorial is a high risk (failed topple test), prompt action required to make the memorial safe or prevent access. Identified with health and safety tape, warning notice attached stating high risk and asking owner to contact the Council or carry our repair works within 4 weeks or memorial will be laid down.

Category 3

Memorial is considered to be unstable but not an immediate threat to public safety, requires basic works to consolidate and stabilise, carry out repair works or re-inspect within 6 months.

Category 4

Memorial not an immediate danger to health and safety but showing some signs of instability. Condition to be monitored re-inspect in one year.

Category 5

Memorial is in a stable condition and not presenting any obvious safety hazard, passed hand test and topple test and requires no action re-inspect in 5 years.

All of the above details are then recorded in an inspection schedule.

Example of Inspection Schedule

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How will visitors and owners be informed of the testing process?

Notices are placed on gates, notice boards and around the burial ground to let people know in advance that the inspection will be taking place. In addition a notice will be posted in the local press 6 weeks prior to the inspection and, where applicable, contact made with the Church. We also contacted Durham Diocese for permission to lay down those memorials failing the testing procedure. In the near future it is the Council's intention to publish and distribute a public information leaflet "Memorial Safety" and place an annual article in the Council's own publication "City News" distributed free to all households.

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What if a memorial is found to be unstable?

During the inspection should any memorial fail the testing procedure and constitute a hazard to the health and safety of the public it will be immediately identified with health and safety tape, and a warning notice placed on the structure it will not be laid down by the Council Officers during the inspection. However if the owner of the memorial cannot be traced or has not contacted the Council, within 28 days from the date of the inspection, an Interlocutory Order from the Durham Diocesan will be obtained granting permission to lay down those memorials identified as a health and safety risk.

The inspection schedule is sent to the City of Durham's Environmental Services Department to carry out the recommended works immediately. These works usually involve laying the memorial flat within the grave plot with the inscription visible.

There is a particular problem with the more recently erected "lawn memorial" headstones. These are set, often with no bonding, directly onto the ground. Although these are usually less than 1m high, and unlikely to cause a fatality, they can easily be pulled over if someone uses them as support to rise from a kneeling position. Many of these headstones are being 'tended'. Laying down of such headstones could understandably cause distress to the grave owner.

In this case the City of Durham will attempt to contact the grave owner in writing, where applicable, informing them that the headstone is unsafe and if they are not made safe then they will have to be laid down.

A sign will be displayed on the headstone or in the churchyard detailing the lawn memorials requiring attention and giving a City Council contact name and telephone number. Where the memorials pose less of a danger and the owner cannot be contacted they should be considered for repair in order that the aesthetics of the churchyard is maintained.

In future before consent is given to erect a memorial in a Council maintained churchyard full installation specifications will be requested. The memorial must also be installed by a N.A.M.M (National Association of Memorial Masons) registered memorial mason. This will ensure that the headstone is erected to an approved set of guidelines (N.A.M.M. Code of Working Practice). An interim standard will be a fixing specification requiring a memorial to have ground anchors and withstand a force of 70kg.

Examples of Unstable Memorials

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Which memorials pose the biggest risks?

While risk is not confined to any one type or age of memorial, recent inspections show that memorials constructed between themid-19th century and the mid-20th century pose the greatest risk of collapse. Many of these memorials are large and are typically constructed of granite or sandstone. Such memorials, especially those formed from two or more pieces of granite, have often been poorly constructed, lack proper fixings between the parts and are set on inadequate brick or stone foundations. In addition, a memorial may become dangerous due to movement of the adjacent ground causing the memorial to tilt. It is not just the complete toppling of a memorial that can cause severe injury. A relatively small capping stone falling from a memorial can cause a fatal accident because even quite a small stone can be very heavy.

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What about war graves?

Any works affecting a memorial or grave with inscriptions between 1914 and 1947 will be checked against the register provided to the City of Durham by the War Graves Commission in order to verify from their definitive records whether or not the memorial/grave constitutes as a war grave.

If the memorial in question is a war grave then the City of Durham will not carry out any works to the memorial. The memorial will be recorded, photographed and its location plotted on to an ordnance survey plan and its condition reported in writing to the Commonwealth War Graves Commission. Once confirmed the Commission will obtain permission from the Team Rector and the works will be scheduled next time the travelling war graves caretakers are in the vicinity, or alternatively, the Commission will give the City of Durham written consent to carry out the works. What can I do if my memorial has been laid down or is unsafe? We understand that this testing procedure may be upsetting, and we are really sorry for any distress that is may cause. If your memorial is in need of repair to make it safe or has been laid down by the Council then you are fully entitled to undertake works on the memorial yourself or arrange for the work to be carried out by an individual. However, you must inform us in writing of the method of repair prior to any work taking place and we would strongly encourage you to arrange for the work to be carried out by a stonemason who is NAMM registered and working to the national guidelines. If you carry out the work yourself you must also inform us when the work has been completed so that we can inspect the works to ensure they are to a suitable standard we will then continue to test the memorial annually to ensure that the memorial remains safe.

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Will the Council be repairing the memorials that they have laid flat

As resources permit all of the memorials laid down and identified as requiring works to make them safe by the City of Durham during the testing process will be re-erected and, or, repaired within the next two years by a contractor appointed by the City of Durham via a successful tender for all of the works.

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What is the current situation and what will happen in the future?

Between August 2001 and May 2006 within the Council's 22 closed churchyards, 612 memorials were found to be a safety hazard. Of these 17 have been and a further 3 have been identified as commemorating a war grave. The repair of these memorials will be taking place of the next two years. We are continuing to implement a safety inspection programme of memorials on a five-year rolling programme.

List of all memorials failing the safety testing procedure

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Where can I find further information?

If you are concerned about the safety of your memorial or require any further information regarding the safety testing procedure the please contact us using the the details below.

Please be aware that cemeteries are potentially dangerous places. Visitors to cemeteries should keep to footpaths, avoid touching any memorials and ensure that children are supervised at all times.

We fully appreciate that this may be upsetting for bereaved families and we are very sorry for any distress it may cause. Memorials are a lasting tribute to our loved ones and through careful testing to ensure their safety, we would like to work with you to ensure that all the memorials in our cemeteries and churchyards remain a fitting tribute for years to come.