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Austria

Flagpole safety in Austria: wind, liability and work at height

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This page is an English translation of the German original. Where the two versions differ, the German text is the original.

Structurally, a flagpole is a slender rod with a large sail at the top. In a storm, considerable forces act on pole, foundation and fixings, and a falling pole can injure people and damage property. In 2009 the Supreme Administrative Court gave exactly this as the reason why a Viennese flagpole needs a building permit: dangers from it falling over must be avoided, and the pole must stand so that it cannot topple.

Wind: warnings and limits

GeoSphere Austria, the national weather service, issues colour-coded wind warnings. They refer to the maximum expected gusts and apply to permanently settled areas:

Warning levelMeaning according to GeoSphere Austria
Yellow – cautiongusts above 70 km/h; falling branches and loose objects
Orange – attentiondamage possible, for example from broken trees or flying roof tiles; disruption to infrastructure
Red – dangerdamage from uprooted trees or large flying objects such as roof parts, billboards and scaffolding

The Erste Österreichische Fahnenfabrik recommends taking flags down from wind force 8, about 60 km/h. The Austrian Armed Forces’ flag order provides for lowering the flag informally when conditions suggest damage, such as storm or hail, and hoisting it again afterwards. Without the flag, most of the wind load disappears.

Wind load and stability

How much wind a pole can take depends on height, diameter, wall thickness, foundation and above all the flag size. Wind loads in Austria follow ÖNORM EN 1991-1-4 and the national ÖNORM B 1991-1-4, which gives the basic wind speed by location. A pole on an open hilltop or a lakeshore is more heavily loaded than one in a sheltered village. Manufacturers state the flag size and wind load a pole is designed for.

Liability under section 1319 ABGB

For damage caused by a flagpole, section 1319 ABGB, the liability for buildings and works, is relevant: if someone is injured or damage is caused by the collapse or detachment of parts of a building or another work erected on a property, the possessor is liable if the event results from the defective condition of the work and the possessor does not prove that all care needed to avert the danger was taken. The burden of proof is reversed: the possessor has to prove the care taken. Regular checks and their documentation therefore play a role. More in the guide to flagpole maintenance.

Whether household or business liability insurance covers damage from a flagpole depends on the individual policy.

Work at height

Work on the truck, such as replacing a pulley, is work at height. For employees on construction sites, the Construction Workers Protection Ordinance applies: under section 7, a fall hazard exists at other workplaces and standing places at a fall height of more than 2 metres, and fall protection, barriers or safety devices are then required; where they would be disproportionate, personal protective equipment against falls. The ordinance does not apply to private individuals, but the danger is the same. A hinged pole or a pole in a ground sleeve can be lowered for maintenance, which avoids work at height.

Electricity: overhead lines and lighting

A metal pole that tips into an overhead line during erection is life-threatening – a fibreglass pole also conducts electricity when wet. Distance from overhead lines matters for the site, for erection and for work on the pole. Lighting at the base is an outdoor electrical installation. Before digging the foundation, the location of underground lines can be checked. More in the guide to flagpole installation.

Signs of a pole in poor condition

  • cracks, dents or corrosion at the base and the ground sleeve
  • a pole that moves or leans
  • loose bolts on the base plate or hinge
  • frayed line or a sticking pulley

What is usual with such damage is described in the guide to flagpole repair.

Frequently asked questions

At what wind strength is the flag taken down in Austria?

There is no statutory limit. The Erste Österreichische Fahnenfabrik recommends taking flags down from wind force 8 (about 60 km/h). The Austrian Armed Forces’ flag order provides for lowering the flag informally in storm or hail and hoisting it again once conditions improve.

What do GeoSphere Austria’s wind warnings mean?

The wind warnings refer to the maximum expected gusts. Yellow means gusts above 70 km/h, with falling branches and loose objects as the main hazards. Orange warns of damage, for example from broken trees or flying roof tiles, and red of damage from uprooted trees or large flying objects.

Who is liable if a flagpole falls over in Austria?

Under section 1319 ABGB, the possessor of a building or another work erected on a property is liable for damage caused by collapse or detached parts if the event results from a defective condition and the possessor does not prove that all care needed to avert the danger was taken. The burden of proof is reversed.

Do safety rules apply to work on a flagpole?

For employees on construction sites, the Construction Workers Protection Ordinance applies. Under its section 7, a fall hazard exists at other workplaces at a fall height of more than 2 metres, and fall protection, barriers or safety devices are then required. The ordinance does not apply to private individuals, but the danger is the same.

Sources

This guide is based on the following sources, most of them in German:

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