STAATSKOERANT,
30
ME1
2008
No.
31 084
45
DEPARTMENT
OF
TRADE AND INDUSTRY
DEPARTEMENT VAN HANDEL EN NYWERHEID
No.
R.
574
30
May
2008
NATIONAL BUILDING REGULATIONS AND BUILDING STANDARDS ACT, 1977
(ACT 103 OF 1977)
NATIONAL BUILDING REGULATIONS
I,
Mandisi Mpahlwa, Minister of Trade and Industry, hereby under Section 17(3) of
the National Building Regulations and Building Standards Act (Act No. 103 of 1973,
and on the recommendation of the Council of the South African Bureau of Standards,
declare the regulations, as set out in the Schedule, to come into operation on the 1
October 2008.
M ~padwa
Minister of Trade and Industry
46
No.
31084
GOVERNMENT
GAZETTE, 30 MAY 2008
SCHEDULE
Substitution of Regulation AZ.1
1
Regulation
AZ1
of the Regulations is substituted for the following regulation:
These amended regulations shall in terms of section 17(3) of the Act come into operation on 1
October
2008.
Amendment of Regulation AZ.2
Regulation
A22
of the Regulations is amended as follows:
2
Delete
'
suitable" in heading for definition for
"acceptable", "adequate", "satisfactory" or
"suitable"
and in the text of the definition itself
3
Add the following new definition:
"action"
means an assembly of concentrated or distributed mechanical forces acting on a
building or the cause of deformations imposed on the building or constrained in
it
4
Add the following new definition:
"Agr6ment certificate
means a certificate that confirms fitness-for-purpose of a non-
standardised product, material or component or the acceptability of the related non-standardised
design and the conditions pertaining thereto (or both) issued by the Board of Agrkment South
Africa."
5
Add the following new definition:
Board of Agr6ment South Africa
the body that operates under the delegation of authority of the Minister of Public Works.
6 Delete definition for
"class"
7
Substitute
"competent person"
with the following:
means a person who is qualified by virtue of his education, training, experience and contextual
knowledge to make a determination regarding the performance of a building or part thereof in
relation to a functional regulation or to undertake such duties as may be assigned to him in
terms of these regulations
.
8
Add the following new definition
"contaminated land"
means any land that, due to substances contained within or under it, is in
a condition that presents an unacceptable risk to the health and safety of occupants of buildings
constructed on such land.
9
Add the following new definition:
"deemed-to-satisfy provision"
means non-mandatory requirement, the compliance with which
ensures compliance with a functional regulation
STAATSKOERANT, 30
ME1
2008 No. 31084
47
Add the following new definition:
"dolomite land"
means land underlain by dolomite or limestone rock directly or at a shallow
depth less than:
(a)
60 m in areas underlain by limestone;
(b)
60 m in areas underlain by dolomite where no de-watering has taken place and the local
authority has jurisdiction, is monitoring and has control over the groundwater levels over
the areas under consideration; or
(c)
100 m in areas underlain by dolomite where de-watering has taken place or where the
local authority has no jurisdiction or control over ground water levels.
Substitute 'SANS 10177-2" for 'SABS 01 77 Part II" in definition for
"fire resistance"
Add the following new definition:
"functional regulation"
means a regulation that sets out in qualitative terms what is required of
a building or building element or building component in respect of a particular characteristic
without specifying the method of construction, dimensions or material to be used
Add the following new definition:
geotechnical site investigation
the process of evaluating the geotechnical character of a site in the context of existing or
proposed works or land usage, which may include one or more of the following:
(a)
evaluation of the geology and hydrogeology of the site;
(b)
examination of existing geotechnical information pertaining to the site;
(c)
excavating or boring in soil or rock and the systematic description of the soil and rock
profiles;
(d)
determining the depth of any
fill
that might be present;
(e)
in-situ assessment of geotechnical properties of materials;
(f)
recovery of samples of soil or rock for examination, identification, recording,
testing or display;
(g)
testing of soil or rock samples to quantify properties relevant to the purpose of the
investigation;
(h)
evaluation of geotechnical properties of tested soils; and
(i)
reporting the results.
Delete definition for
"incremental house"
Insert
"
waste water" before 'or stormwater" at the end of the definition for 'industrial effluent
Add the following new definition:
"inspection"
means the general inspection by a competent person of a system or measure or
installation of a building, or part thereof, at such intervals as might be necessary in accordance
with accepted professional practice to enable such competent person to be satisfied that the
design assumptions are valid, the design is being correctly interpreted and the work is being
executed generally in accordance with the designs, appropriate construction techniques and
good practice but shall exclude detailed supervision and day-to-day inspection.
Substitute
"load"
with the following:
"load"
means the value of a force corresponding to an action.
48
No. 31084 GOVERNMENT GAZETTE, 30 MAY 2008
Substitute (a) ix) in "minor building work" with the following:
(ix) any free-standing wall constructed of masonry, concrete, steel, aluminium or timber or any
wire fence where such wall or fence does not exceed 1,8 m in height at any point above ground
level and does not retain soil;
Substitute "SANS 101
77-5"
for "SABS 01
77-V"
in definition for "non-combustible"
Delete definition for "pail closet"
Add the following new definition:
"persons with disabilitiesn means those persons who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers might hinder their
full and effective participation in society on an equal basis with others."
Delete definition for "pit latrine"
Add the following new definition:
"prescriptive regulation" means a regulation which describes in some detail an operation to
be performed, or the dimensions of a building, building element or building component and the
materials and method of construction to be used in such building, building element or building
component
Add the following new definition:
"rational assessment" means assessment by a competent person of the adequacy of the
performance of a solution in relation to requirements including, as necessary, a process of
reasoning, calculation and consideration of accepted analytical principles, based on a
combination of deductions from available information, research and data, appropriate testing and
service experience;
Substitute "rational design" with the following:
"rational design" means any design by a competent person involving
a
process of reasoning
and calculation and which may include a design based on a standard or other suitable document
Delete definition for "roof assembly"
Delete definition for "sanitary group"
Substitute "WC" in the definition for 'storage tank" with "toilet"
Delete "mezzanine floor" in definition for "storey"
Delete definition for "street boundary"
Add the following new definition:
"suitable" means capable of fulfilling or having fulfilled the intended function or fit for its
intended purpose
Add to the end of the definition for "trained plumber" the words "or has obtained a National
Certificate in Construction Plumbing, National Qualification Framework level
3".
STAATSKOERANT,
30
ME1
2008
No.
31084
49
Substitution of Regulation AZ.3
33
Regulation
AZ.3
of the Regulations is substituted with the following regulation:
Where in these regulations reference is made to a SANS number,
such reference shall relate to
the latest edition of the national standard having the number and title given in the following table:
SANS No.
1125
Title
--
Room air conditioners and heat pumps
The preservative treatment of timber
Timber frame buildings
.
The use and control of fire fighting equipment
The application of soil insecticides for the protection of buildings
Fire testing of materials, components, and elements used in buildings
Part l
Part 2
Part 3.
Part 4
The application of the National Building Regulations
Addition of Regulation AZ.4
34
Add the following Regulation
AZ.4
AZ.4 Complying with the requirements of the National Building Regulations
(I)
The requirements of the National Building Regulations shall be complied with by:
(a)
adhering to the requirements of all the prescriptive regulations; and
(b)
satisfying all functional regulations by:
(i)
adopting building solutions that comply with the requirements of the relevant part of
SANS 10400; or
(ii)
reliably demonstrating, or predicting with certainty, to the satisfaction of the
appropriate local authority, that an adopted building solution has an equivalent or
superior performance to a solution that complies with the requirements of the
relevant part of SANS 10400.
(2)
A competent person who is registered in an appropriate category of registration in terms
of the Architectural Professions Act, 2000 (Act No 44 of 2000), the Engineering Profession
Act, 2000 (Act No
46
of 2000), the Natural Scientific Professions Act, 2003 (Act No. 27 of
2003) or any other relevant Act and, in accordance with the requirements of Regulation
A19,
shall
prepare and submit to the local authority a rational design or rational
assessment where compliance with the requirements of sub-regulation (1) is to be
satisfied in terms of sub-regulation (l)(b)(ii).
(3)
An approved competent persons who satisfies the requirements of sub-regulation (1) in
terms of sub-regulation (l)(b)(ii) in respect of
a
system, measure, facility, parameter or
installations shall inspect and certify upon completion, in accordance with the
requirements of Regulation A19, the construction, erection or installation thereof.
50
No.
31084
GOVERNMENT GAZETTE,
30
MAY
2008
Amendment of Regulation A1
Regulation
A1
of the Regulations is amended as follows:
35
Substitute sub-regulation
Al(1)
with the following:
(1)
The designing, planning and the supervision of the erection of any building or structure
or the performance of any function in connection therewith in terms of these regulations
is subject to the provisions of any law in terms of which the person undertaking such
work or performing such function is required to be registered in terms of the
Architectural Profession Act,
2000
(Act No
44
of
2000),
Engineering Profession Act,
2000
(Act No
46
of
2000),
Natural Scientific Professions Act,
2003
(Act No.
27
of
2003),
or Professional and Technical Surveyors' Act.
1984
(Act No
40
of
1984)
,
or
any other relevant Act
36
Substitute sub-regulation
Al(3)
with the following:
(3) (a)
No person shall erect any building which is to be structurally supported by an
existing building or extend an existing building unless an approved competent
person has judged the existing building to be capable of carrying any additional
load arising from such erection or extension and has, in writing, so informed the
local authority.
(b)
Such notification shall accompany the application for approval of the erection
of
the building in terms of Section
4
of the Act.
(c)
For the purposes of this regulation 'existing building" shall include a partly
erected building.
(d)
Any structural support provided by the existing building shall be deemed to be
part of the structural system of the building to
be
erected.
(e)
The local authority may require that the above notification be accompanied by a
documented rational assessment of the adequacy of the structural support."
37
Delete sub-regulation
A1(7)(c)
and renumber sub-regulation
A1(7)(d)
as
A1(7)(c)
Amendment of Regulation A2
Regulation
A2
of the Regulations is amended as follows:
38
Substitute sub-regulation
AZ(l)(f)(iv)
with the following:
(iv)
any certificate contemplated in these regulations, including any applicable Agrkment
Certificate;
39
Substitute subregulation
AZ(I)(f)(v)
with the following:
(v)
particulars required in terms of any applicable legislation, by-laws, or .part of SANS
10400
40
Add sub-regulation
A2(1)(g)
(g)
a
declaration by a person registered in a professional category of registration in
terms of the one of the councils for the professions identified in the Council for the
Built Environment Act,
2000
(Act No
43
of
2000)
in the relevant portion of Form
1
contained in SANS
10400-A
as to how the applicable functional regulations shall be
satisfied
STAATSKOERANT, 30 ME1 2008 No. 31084
51
41
Add sub-regulations A2(2), A2(3) and A2(4) and renumber sub-regulations A2(2) and A2(3)
as A2(5) and A2(6)
(2)
The owner of a building shall appoint and retain the services of the person responsible
for submitting the declaration required in sub-regulation (l)(g) and shall advise such
person after such declaration has been submitted to the local authority of any changes
made in the manner in which any functional regulation shall be satisfied or if the
services of the competent person is for whatever reason terminated prior to the
conclusion of his obligations in terms of these Regulations, or the appointment of any
other competent person. Such person shall within one month of being notified by the
owner or becoming aware of any change submit an amended declaration to the local
authority.
(3)
Where it is not possible for the person appointed by the owner of a building in sub-
regulation (2) to fulfil his or her duties, the owner of such building shall appoint and
retain another suitably qualified person to take over and perform the duties and
responsibilities assigned to such person in sub-regulation
(2)
(4)
The names of all approved competent persons shall be entered into the appropriate
schedule of Form 1 contained in SANS 10400-A before local authority approval may
be granted.
42 Substitute sub-regulation A(2)(6) with:
(6) (a)
Where design work for the proposed erection of any building was commenced
before the date of coming into effect of any amendment to these regulations or
within
6
months of the publication of an edition of any part of SANS 10400 or a
by-law and an application in respect of such erection has not been made prior to
such date, the owner of the building, or a person authorized by the owner, may
notify the local authority that such design work was so commenced and has so
progressed.
(b)
Subject to the provisions of this subregulation, an application in respect of an
erection which has been the subject of a notification contemplated in paragraph
(a) shall if so requested by the owner be dealt with by the local authority in
accordance with the provisions of the building regulations, by-laws or edition of
SANS 10400 in force immediately before such date.
(c)
Any notification contemplated in paragraph (a) shall
-
(i)
be submitted by registered post within
6
months of the coming into effect of
any new regulation, by-law or publication of a new edition of any part of
SANS 10400; and
(ii) contain the name and address of the owner, the address of the site of the
building concerned, the date of commencement of such design work and
a description of the proposed erection and its intended use.
(d)
The local authority shall, in writing, inform the owner concerned of acceptance of
such notification.
(e)
The provisions of paragraph
(b)
shall not apply in respect of any application which
is made to the local authority more than 12 months after the date that the local
authority informs the owner that it is so satisfied: Provided that the local
authority may extend such period if it thinks it reasonable or necessary.
(f)
Any person who gives false or misleading information in a notification in terms of
this subregulation shall be guilty of an offence and such notification is null and
void.
52
No.
31084
GOVERNMENT GAZETTE.
30
MAY
2008
-- --
Amendment of Regulation A4
Regulation A4 of the Regulations is amended as follows:
Substitute "a professional engineer or other" with "an" in sub-regulation A4(l)(b)
Substitute "code of practice" with 'standard" in Regulation A4(1)
(h),
(i),
(j)
and
(k)
Substitute 'forcesn with "actionsn in sub-regulation A4(4)(d) wherever it occurs
Substitute "grade" with "class" in subregulation A4(5)(a)
Substitute "SABS" with 'SANS" in sub-regulation A4(8)(a)
Substitute "a professional engineer or other" with "an" in sub-regulation A4(8)(b)
Insert "Agrbment
"
before certificate and delete "issued by the Agrbment Board of South
Africa" in sub-regulation A4(8)(ii)
Amendment of Regulation A5
Regulation A5 of the Regulations is amended as follows:
Substitute sub-regulation A5(2)(b) with the following:
(b)
be drawn on any suitable material or be provided in a medium acceptable to the local
authority;
Delete "paper
"
in subregulation AS(3)
Substitute "1:300" with '1:250n in sub-regulation A(S)(S)(a)(i)
Substitute sub-regulation AS(S)(b) with the following:
(b) The local authority may accept a scale not provided for in this sub-regulation.
Substitute sub-regulations A8(6) and A8(7) with the following:
(6)
One copy of the plans and drawings contemplated in subregulation (2) shall, for the
convenience of the local authority, identify in a suitable manner or wlour the following
as indicated below:
Material
New masonry
New concrete
New iron or steel
New wood
New glass
Existing materials
(all materials)
All other new materials
Colour (in plan or section)
Red
Green
Blue
Yellow
Black
Grey
To be clearly indicated in colours other than
the above
STAATSKOERANT, 30 ME1 2008
No. 31084
53
Site plans Colour
Proposed work Red
Existing work Not coloured
Work to be demolished Drawn with black dotted lines
Drainage installation contemplated
in regulation
AZ(l)(d)
Colour
Drains and soil pipes Brown
Waste pipes Green
Soil and combined vents Red
Waste vents Blue
Pipes for the conveyance
of industrial effluent Orange
Existing drains Black
Stormwater drains Not coloured
55
Renumber sub-regulations
A5(8)
and
A5(9)
as
A5(7)
and
A5(8)
56
Substitute "2 mm" with "2,5mm" in sub-regulation
A5(8)
Amendment of Regulation A7
Regulation
A7
of the Regulations is amended as follows:
57
Add the following sub-regulation A7(l)(e) and renumber sub-regulations
A7(l)(e)
to
A7(l)h
as
A7(l)f
to
A7(l)(i)
(e)
all details relating to the facilities provided for persons with disabilities
Amendment of Regulation A8
Regulation
A8
of the Regulations is amended as follows:
58 Add "Two way vent valve
....
.2W to list in sub-regulation
A8(5)
59 Substitute "WC" in sub-regulation
A8(5)
with "toilet" wherever it occurs
Amendment of Regulation A9
Regulation
A9
of the Regulations is amended as follows:
60 Add "protection" before "fire" in sub-regulation
A9(1)
Amendment of Regulation A10
Regulation
A10
of the Regulations is amended as follows:
61
Add the following symbols to the list in sub-regulation
A10:
Escape door ............ ED
Escape route..
..........
ER
Feeder route
............
FR
54
No. 31084 GOVERNMENT GAZETTE, 30 MAY 2008
Amendment of Regulation A1
I
Regulation All of the Regulations is amended as follows:
62
Deleten before granting approval in relation to an application" in sub-regulation All(1)
Amendment of
Regulation
A13
Regulation A1 3 of the Regulations is amended as follows:
63
Substitute sub-regulation A13(1) with the following:
(I)
(a)
Material used in the erection of a building shall be suitable for the purpose for
which it is to be used.
(b)
All timber used in the erection of a building shall be treated against termite and
wood borer attack and fungal decay in accordance with the requirements of
SANS 10005 and shall bear the product certification mark of a body certified by
the South African National Accreditation Systems.
(c)
The requirements of subregulation (l)(a)) shall be deemed to be satisfied if such
material complies with and is incorporated into buildings in accordance with the
requirements of SANS 10400,
Amendment of Regulation A14
Regulation A14 of the Regulations is amended as follows:
64
Substitute regulations A14(1) to A14(4) with the following and renumber sub-regulation A14(5)
as A14(2):
(I) (a) The construction of any building or element shall
be
such that the building or element
as constructed does not compromise the design intent of any design solution that
satisfies the requirements of a functional regulation.
(2)
(b) The requirements of sub-regulation (l)(a) shall be deemed to be satisfied if such
construction satisfies the requirements of SANS 10400.
Amendment of Regulation A15
Regulation A15 of the Regulations is amended as follows:
65
Substitute title of Regulation A15 and sub-regulations A15(1) and A15(2) with the following:
A15 MAINTENANCE AND OPERATION
(1)
(a)
The owner of any building shall ensure that any mechanical equipment, facility or any
service installation provided in or in connection with such building, pursuant to these
regulations or pursuant to any building by-law which was in operation prior to the
coming into operation of the Act, shall be maintained in a safe and functional condition.
(b) Such owner or any person appointed by such owner to be in control of such building
shall ensure that where such equipment, facility or installation is designed to be kept
operating during the times of normal occupancy of the building, it is kept operating in
such a manner as to attain any standard of performance prescribed in these regulations
or in any by-law for such equipment or installation.
STAATSKOERANT, 30 ME1 2008 No. 31 084
55
(2)
The owner of any building shall ensure that pursuant to these regulations or pursuant to
any building by-law that was in operation prior to the coming into operation of the Act,
the following is maintained in accordance with the requirements of the relevant
functional regulations contained in Regulations
B,
H,
J,
K
and
L:
i) the structural safety performance (behaviour of buildings under all actions that can be
reasonably expected to occur);
ii) the measures taken to resist the penetration of rain water and the passage of
moisture into the interior of a building
66
Substitute "equipment or installation" with 'building, equipment, installation or facility" in sub-
regulation A15(4)
Amendment of Regulation A16
Regulation A1 6 of the Regulations is amended as follows:
67
Substitute "as evaluated by the Human Sciences Research Counciln with 'at an accredited
educational institution" in Regulation A16
Amendment of Regulation A17
Regulation A17 of the Regulations is amended as follows:
68
Substitute
"
Town Clerk or Secretary" with 'municipal manager"
in
sub-regulation A17(1)(e)
69
Substitute subregulation A17(2) with the following:
(2)
Sub-regulation (1) shall be deemed to
be
satisfied where the certificate is in accordance
with that provided in SANS 10400-A.
Substitution of Regulation A19
Regulation A19 of the Regulations is substituted with the following Regulation:
70
Substitute Regulation A19 with the following:
A1 9
-
APPOINTMENT OF PERSONS RESPONSIBLE FOR DESIGN, INSPECTION AND
ASSESSMENT DUTIES
(1)
Where in terms of these regulations and in respect of the erection of any building:
(a)
a rational design or rational assessment, is required in terms of
:
(i)
Regulations ZA(l)(b)(ii), A(1)(3), A23(4), G1(3),
04,
P2(2), q3), R(3), Tl(2) or
W4 in respect of a system, measure, facility, parameter, or installation, as
relevant, or
(ii)
a part of SANS 10400; or
(b)
a geotechnical investigation is required in terms of Regulation F3
the owner of the building shall subject to the provisions of sub-regulations (4) and
(5)
appoint and retain one or more approved competent persons to undertake responsibility
for the work associated with such regulations including any inspections and
certifications that may be required.
56
No.
31084 GOVERNMENT GAZETTE, 30 MAY 2008
Where it is not possible for such person to fulfil his or her duties as contemplated in sub-
regulation
(I),
the owner of such building shall appoint and retain another approved
competent person to take over and fulfil such duties and responsibilities both in respect
of the work already designed or erected or installed and in respect of the balance of
such work still to be undertaken to complete the project.
The local authority may exempt from the requirements of this regulation any building
classified in these regulations as minor building work or foundations to an addition or
extension to a single storey building where the applicant has satisfied himself that the
existing foundations are in accordance with the rules contained in SANS 10400-H and
any local damage (including cracking) and deformation in the existing building are within
tolerable limits.
The owner of any building who is required by these regulations to appoint an approved
competent person shall state in the terms of the appointment for the competent person
that such person undertake all duties and responsibilities required by these regulations.
Such persons shall declare his or her acceptance of such responsibilities in the relevant
portion of Form
2
contained in SANS 10400-A.
Notwithstanding the provisions of sub-regulation
(1)
or
(2),
a person may be appointed
to undertake the relevant responsibilities and duties in respect of more than one of the
systems, measures, facilities, parameters or installations provided for in sub-regulation
(I) if the local authority accepts in terms of these regulations that he or she is
competent to do so.
(a) Where any building to be extended, the local authority may on receipt of the
application for such extension and before granting approval require that the approved
competent persons who have accepted responsibility
for such work to timeously
prepare and submit rational assessments as to the adequacy of the existing systems
and installations in combination with the contemplated extensions to comply with the
relevant requirements of these regulations for the whole building including the
extensions.
(b)
If the local authority is satisfied that any such rational assessment meets the
requirement of these regulations and in particular of sub-regulation 6(a) it shall accept
such assessment which shall be deemed to
be
part of the application submitted.
(c)
If the local authority is not so satisfied it may after first consulting with the competent
person who has submitted such assessment and subject to appeal to the Review Board
decline to accept the assessment for reasons which it shall furnish in writing to such
competent person and require him or her to submit a revised assessment to the
satisfaction of the local authority.
Where in a building any element of the structural, fire protection, artificial ventilation,
stormwater disposal or non-water bome sanitary disposal, fire installation or drainage
installation system as provided for in sub-regulation
(1)
is or is required to be the subject
of a rational design or rational assessment, the person appointed as an approved
competent person shall assume responsibility for satisfying the functional regulation
relating to that particular system in its entirety.
(a) Where an approved competent person is required in terms of sub-regulation
(7)
to
assume responsibility for the system in its entirety and where parts of the system are to
be undertaken by other competent persons, the approved competent person shall
assume overall responsibility for the design of such system and shall ensure that:
(i) the component designs are generally in accordance with the approved application
and in accordance with the requirements of these regulations.
(ii)
the component designs
will
achieve the necessary co-ordination and interaction
of the different elements so as to achieve the objectives of the systems.
STAATSKOERANT,
30
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2008
No.
31084
57
(iii)
in the case of the structural system, the interaction of the various component
elements
will
be such that the structural adequacy of all the parts of the building
and the overall stability of the building is assured
but in all cases excluding responsibility for the detailed design of elements carried out
by the other competent persons, provided that such exclusion shall not preclude the
approved competent person from taking any action which he or she considers
necessary in terms of sub-regulation (8)(b).
(b) (i)
For the purpose of satisfying him or herself of the adequacy of any design or
designs contemplated in sub-regulation (8)(a) and of their compatibility with any
system, measure or installation in its entirety, the approved competent person
may at any time after his or her appointment, require the designer or designers
of the different elements of the system referred to in sub-regulation (8)(a) to
complete Form 3 contained in SANS 10400-A as he or she may deem
necessary, and return it timeously, or in any event before building construction
or installation proceeds..Each such designer shall, when called upon so to do,
provide the information and documents concerned in respect of the work he or
she has designed.
(ii)
The person appointed as approved competent person may further require, after
consultation with the designer concerned, modifications to the relevant designs,
plans and specifications, if in his or her opinion they do not comply with the
provisions of these regulations.
(iii) Copies of designs, plans and specifications accepted by the approved
competent person shall be submitted if so required to the local authority counter-
signed by the approved competent person.
(iv) Each designer of a part of a system shall on completion of the erection or
installation thereof, if called upon to do so by the approved competent person,
complete and submit the section of Form 3 relating to inspection contained in
SANS 10400-A.
(c)
The provisions of sub-regulation (8)(a) and (b) for designs shall also apply in the case of
any applicable rational assessments.
(9)
(a) Any person appointed by the owner in terms of sub-regulations
(1)
or
(2),
shall apply
to the local authority for acceptance as an approved competent person and shall:
(i) make application, and
(ii)
declare his or her competence to undertake the relevant duties in the manner
prescribed in the Regulations
on Form 2 contained in SANS 10400-A and shall complete all applicable sections of
such form.
(b) The owner shall also complete the applicable section of Form 2 contained in SANS
10400-A
(c)
The local authority may, subject to appeal to the Review Board, decline to accept
the appointment of any person who:
(i)
in completing any portion of Form 2 provides incorrect or incomplete information
which in the opinion of the local authority is material to the determination of such
applicant's competence;
(ii)
is not an employee of the owner of the building and is not in possession of
professional indemnity insurance cover;
(iii)
is not professionally registered in terms of the Engineering Professions Act, 2000
(Act No. 46 of 2000), the Architectural Professions Act (Act No.
44
of 2000) or the
National Scientific Professions Act, 2003 (Act No. 27 of 2003);
(iv)
is in the opinion of the local authority inadequately qualified or has insufficient
experience or contextual knowledge to make the determinations that are
required in terms of these regulations, provided however that any person that
satisfies the relevant definition for a competent person provided in a part of SANS
10400 in relation to the duties contemplated in this sub-regulation, is deemed to
satisfy this sub-regulation; and
58
No. 31084 GOVERNMENT GAZETTE, 30 MAY 2008
(v)
is under investigation by a disciplinary tribunal of the Engineering Council of South
Africa, the South African Council for the Architectural Profession or the South
African Council for Natural Scientific Professions and the chief executive officer of
such a Council has expressed an opinion in writing that the applications made by
such persons should not be approved in the public interest.
(10) (a) Where in respect of any building the local authority, after consideration of:
(i)
the details of registration in respect of category, date and discipline in which the
applicant is registered, qualifications, experience, training and contextual
knowledge provided in terms of this regulation by any person seeking acceptance
of his or her appointment as a competent person, and
(ii)
the declaration of competence provided by such person in terms of sub-regulation
(91,
considers that such person does not possess the degree of competence
necessary to undertake the relevant duties, it may decline to accept the
appointment of such person, who may appeal to the Review Board.
(b)
If the appeal is upheld, the local authority shall accept the appointment of the
appellant as a person competent to undertake such duties or any part thereof in
respect of such building as the Review Board may decide.
(11) Where the local authority is satisfied with an application in respect of the matters
specified in sub-regulations
(lO)(a)(i) and
(ii)
it shall indicate acceptance of the
application in the manner specified in Form 2 as contained in SANS 10400-A.
(12) (a) On completion of the structural, fire protection or fire installation system for which an
approved competent person has been appointed in terms of sub-regulations
(1) or (2),
such competent person shall complete and submit to the local authority a fully
completed Form 4 as contained in SANS 10400-A in respect of each such system for
which such person has accepted responsibility in terms of Section 14(2A) of the Act
103.
(b)
The local authority may require from the owner that an approved competent person
submit a copy of the certification of the specific work, other than the structural, fire
protection or fire installation, for which he has been appointed on completion of the
building.
(13) Where any person provides any information or certificate required in terms of this
regulation or which he or she knows to be incomplete or false, such person shall be
guilty of an offence
Amendment of Regulation A20
Regulation A20 of the Regulations is amended as follows:
71
Add the following definitions to Table 1
:
Health
care
Occupancy which is a common place of long term or transient living for a
number of unrelated persons consisting of a single unit on its own site who,
due to varying degrees of incapacity, are provided with personal care
services or are undergoing medical treatment.
Hospitality
Occupancy where unrelated persons rent furnished rooms on a transient
basis within a dwelling house or domestic residence with sleeping
accommodation for not more than
16
persons within a dwelling unit.
STAATSKOERANT,
30
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2008
No.
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59
Amendment of Regulation A21
Regulation
A21
of the Regulations is amended as follows:
72
Substitute Table
2
with the following table:
Class of occupancy of room or
storey or portion thereof
Al,A2,
A4, A5
Population
Number of fixed seats
or
1
person per m2 if there
El, E3, Hi, H3, H4
E4
are no fixed seats
2
persons per bedroom
16
persons provided that the total number of
H5
G
1
J1, J2, J3, J4
C1, E2, F1,
F2
B1,
82,
83,
Amendment of Regulation A22
persons per room is not more
than
4
16
persons per dwelling unit provided that the total
number of persons per room is not more than
4
1
person per
15
m2
1
person per
50
m2
1
person per
10
m2
1
person per
15
m2
Dl, D2, D3
C2, F3
A3,
H2
Regulation
A22
of the Regulations is amended as follows:
1
person per
20
m2
1
person per
5
m2
73
Add
"
(d)
the building
will
be completedn to sub-regulation
A22(2)
Amendment of Regulation A23
Regulation
A23
of the Regulations is amended as follows:
74
Substitute "a professional engineer or other" with "ann in sub-regulation
A23(4)
Amendment of Regulation B1
Regulation
B1
of the Regulations is amended as follows:
75
Add "under all actions which can reasonably be expected to occur" after "durability" in sub-
regulation
Bl(1)
76
Substitute "part B of Section
3
of SABS
0400"
with "SANS
10400-8"
in sub-regulation
B3(3)
Amendment of Regulation
C
Regulation
C
of the Regulations is amended as follows:
77
Substitute "part
C
of Section
3
of SABS
0400"
with "SANS
10400-Cn
in sub-regulation
Cl(3)
Amendment of Regulation
D
Regulation
D
of the Regulations is amended as follows:
78
Substitute "part
D
of Section
3
of SABS
0400"
with "SANS
10400-D"
in sub-regulation
05
60
No.31084 GOVERNMENT GAZETTE, 30 MAY
2008
Amendment of Regulation
F
Regulation
F
of the Regulations is amended as follows:
79
Substitute Regulation
F3
with the following:
F3
GEOTECHNICAL SITE AND ENVIRONMENTAL CONDITIONS
(1)
Where the local authority has reason to believe that a site upon which a building is to be
erected:
(a)
is situated on contaminated land;
(b)
is situated on potentially unstable land to the extent, insofar as risk can
reasonably be foreseen, that ground movements caused by land-slip, slope
stability or subsidence may impair the stability of the building or part thereof or
pose a threat to the safety of occupants; or
(c)
is underlain by subsoils which have the potential to cause foundation movements
caused by swelling, consolidation, shrinkage or settlements and as a result may
impair the stability of the building or part thereof;
it shall on receipt of an application for the erection of the building inform the applicant
accordingly.
(2)
On receipt of any such notification or where the applicant is aware of such conditions or
they are evident, such applicant shall appoint an approved competent person to
undertake an appropriate geotechnical site investigation.
(3)
Such approved competent person shall, as appropriate, determine in accordance with
accepted principles, methods and technical considerations, as relevant:
(a)
whether or not the erection of a building on the site under
(1) (a)
or
(1)
(b)
above
should be permitted, and
if
so under what conditions, providing full details of the
measures which need to be effected to fulfil such conditions and
(b)
the magnitude of any potential total and differential movements to which the
building or part thereof may be subjected to,
and shall report to the owner and the local authority such findings.
(4)
Geotechnical investigations conducted in accordance with the requirements of SANS
10400-B in the case of dolomite lands and SANS 10400-H in the case of foundations for
buildings shall in terms of
F3(2)
be deemed to be appropriate investigations
(5)
The measures contemplated in sub-regulations
(3)(a)
and
(b)
shall be applied in the
erection of the building and the site works.
80 Add 'seasonally waterlogged" after 'waterlogged" in sub-regulation
F4(2)
81
Substitute "SABS 0124" with 'SANS 10124" in sub-regulation
F5
wherever it occurs
82
Substitute Regulation
F5
with the following:
(1)
Buildings shall, where so required by the local authority or in areas of high termite
infestation, be protected from subterranean termite activity.
(2)
The requirements of subregulation
(1)
shall be deemed to be satisfied where the means of
termite protection complies with SANS 10400-F.
STAATSKOERANT,
30
ME1 2008 No. 31084
61
83 Substitute the title of Regulation
F6
with the following:
CONTROL OF UNREASONABLE LEVELS OF DUST AND NOISE
84
Substitute sub-regulation F6(2)(a) and F6(2)(b) with the following and renumber F6(2)(c) as
F6(2)(b):
(2)
(a) No person shall during the course of any building, demolition or excavation work
use any machine, machinery, engine, apparatus, tool or contrivance, which in the
opinion of the local authority may unreasonably disturb or interfere with the amenity of
the neighbourhood:
(i) on a public holiday or Sunday
(ii) before 06:OO or after 17:OO on any Saturday; and
(iii) before 06:OO or after 18:OO on any day other than those days contemplated in
subparagraphs (i) and
(i)
85
Substitute "part
F
of Section 3 of SABS 0400" with 'SANS 10400-F" in sub-regulation Fll(3)
Amendment of Regulation G
Regulation G of the Regulations is amended as follows:
86 Add
"
or an approved competent person" before 'in such authorisation in sub-regulation Gl(3)
(b).
87
Substitute "part
G
of Section 3 of SABS 0400" with "SANS 10400-G" in sub-regulation G2
Amendment of Regulation H
Regulation H of the Regulations is amended as follows:
88
Substitute sub-regulation Hl(1) with the following:
(1)
The foundation of any building shall be designed and constructed to safely transmit all
the actions which can reasonably be expected to occur from such building to the ground
and in such a manner that any local damage (including cracking), deformation or
vibration do not compromise the efficient use of a building or the functioning of any
element of a building or equipment within a building.
89
Substitute "part
H
of Section
3
of SABS 0400" with 'SANS 10400-Hn in sub-regulation Hl(2)
Amendment of Regulation
J
Regulation J of the Regulations is amended as follows:
90
Substitute sub-regulation Jl(l)(a) with the following:
(a) be designed and constructed to safely support its own weight and any actions which can
reasonably be expected to occur and in such a manner that any local damage (including
cracking), deformation or vibration do not compromise the efficient use of the building or
the functioning of equipment supported by such floor; and
91 Substitute
"WC"
in sub-regulation Jl(2) with "toilet"
62
N0.31084 GOVERNMENT GAZETTE, 30 MAY 2008
92
Substitute sub-regulation
J(5)
with the following:
(5)
The requirements of subregulations
(I), (2), (3)
and
(4)
shall be deemed to be satisfied
where the design and construction of any floor complies with SANS 10400-5: Provided
that where the local authority deems it necessary in order to satisfy the requirements of
subregulation
(4),
such local authority may require that the entire area within the
foundation walls of any building be covered by a suitable damp-proof membrane, and in
the case of the floor of a basement or semi-basement where the highest known level of
the extreme watertable is higher than the floor level of the basement to such an extent
that uplift of the floor might occur, the local authority may require that adequate sub-soil
drains under the floor be provided together with means of removing the water so
drained.
Amendment of Regulation
K
Regulation
K
of the Regulations is amended as follows:
93
Substitute sub-regulation
K1
with the following:
Any wall shall be designed and constructed to safely sustain any actions which can
reasonably be expected to occur and in such a manner that any local damage (including
cracking) or deformation do not compromise the opening and closing of doors and windows or
the weather tightness of the wall and in the case of any structural wall, be capable of safely
transferring such actions to the foundations supporting such wall.
94
Substitute sub-regulation
K2
with the following:
(1)
Any wall shall be so constructed that it will adequately resist the penetration of water
into any part of the building where it would be detrimental to the health of occupants or
to the durability of such building.
(2)
Where a building includes a basement or semi-basement, the local authority may, if it
considers that conditions on the site on which the building is to be erected necessitate
integrated designs for the penetration of water into such basement or semi-basement
applicable to all construction elements or components thereof, require the submission of such
designs for approval. Construction shall be in accordance with the requirements of the
approved design.
95
Substitute "forces" with "actions" in sub-regulation
K3
96
Substitute "part
K
of Section
3
of SABS 0400" with "SANS 10400-K" in sub-regulation
K5
STAATSKOERANT, 30 ME1 2008 No. 31084
63
Amendment of Regulation L
Regulation L of the Regulations is amended as follows:
97
Substitute sub-regulation L1 with the following:
The roof of any building shall be so designed and constructed that it
-
(a)
safely sustains any actions which can reasonably be expected to occur and in such
a manner that any local damage (including cracking) or deformation do not
compromise its functioning;
(b)
is adequately anchored against wind uplift;
(c)
is durable and does not allow the penetration of rainwater or any other surface water
to its interior;
(d)
does not allow the accumulation of any water upon its surface; and
(e)
as part of a roof and ceiling assembly, provides adequate height in any room
immediately below such assembly.
98
Substitute "part
L
of Section
3
of SABS 0400" with "SANS 10400-L" in sub-regulation
L3
Amendment of Regulation M
Regulation M of the Regulations is amended as follows:
99
Substitute MI with the following:
Any stairway, including any wall, screen, railing or balustrade to such stairway, shall:
(a) be capable of safely sustaining any actions which can reasonably be expected to
occur and in such a manner that any local damage (including cracking) or
deformation do not compromise its functioning;
(b) permit safe movement of persons from floor to floor; and
(c) have dimensions appropriate to its use.
100 Substitute "part M of Section
3
of SABS 0400" with "SANS 10400-Mn in sub-regulation
M3
Amendment of Regulation N
Regulation N of the Regulations is amended as follows:
101
Substitute sub-regulation Nl(l)(a) with the following:
"a) safely sustain any wind actions which can reasonably be expected"
102 Substitute sub-regulation Nl(3) with the following:
Replace "part N of Section
3
of SABS 0400" with "SANS 10400-Nn
Amendment of Regulation
0
Regulation
0
of the Regulations is amended as follows:
103
Substitute
"WC"
with "toilet" in sub-regulation Ol(1)
.
.--Y-~--"l*
-rX---
<
-.
-
-_
_
*-_
_
- _-
_.-
64
No.
31084
GOVERNMENT GAZETTE,
30
MAY
2008
Substitute sub-regulation
01(2)
and
01(3)
with the following:
(2)
The requirement of subregulation
(1)
shall be deemed to be satisfied where the lighting
and ventilation are in accordance with SANS 10400-0
(3)
(a) Notwithstanding the provision of any openings for natural light in accordance with
subregulation
(2)
any room contemplated in subregulation
(1)
or any corridor, lobby or
staircase serving such room shall be provided with a means of artificial lighting-
(i)
for periods when natural lighting is inadequate; or
(ii)
where the sue or shape of any such room, or the glazing material used in any such
opening,
will
not permit sufficient natural light effectively to illuminate all parts of
such room.
(b)
Notwithstanding the provision of openings for natural ventilation in accordance with
subregulation
(2)
any room subject to the Occupational Health and Safety Act, 1993
(Act No.
85
of 1993), shall in terms of the said Act be provided with artificial
ventilation as prescribed by such Act; and any room contemplated in subregulation
(1)
which is
-
(i)
a room which, due to conditions of high temperature, may be dangerous to
safety or health;
(ii)
a room where there will be dust, gas, vapour or volatile matter and hazardous
biological agents which might be dangerous to safety or health; or
(iii)
used for any purpose for which natural ventilation is not suitable,
shall be provided with a means of artificial ventilation.
Substitute sub-regulation
04
with the following:
Any rational design of an artificial ventilation system shall be carried out by or under the
supervision of an approved competent person who shall certify in accordance with the
requirements of Regulation
A19 that the system has been designed to comply with regulation
01.
Substitute 'part
0
of Section
3
of SABS 0400" with "SANS 10400-0" in sub-regulation
05(2)
Substitute sub-regulation
06
with the following
(1)
The owner shall at acceptable intervals of time submit to the local authority test reports
indicating that any artificial ventilation system installed in terms of these regulations is
'
operating in the designed manner,
(2)
Records and log books shall be kept of the commissioning information, operational
management, monitoring and maintenance and repair of all ventilation plant, including
individual ventilation fans.
(3)
Where specialist ventilation plants are provided as part of the protection measures
against hazardous substances, and for the protection of occupants and to ensure safe
procedures, such as in hospital theatres, such plant shall be inspected and
validated at least every 12 months by an independent competent person.
Amendment of Regulation
P
Regulation
P
of the Regulations is amended as follows:
108 Substitute 'loads and forces" with "actions" in sub-regulation
PZ(l)(f)
STAATSKOERANT, 30
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2008 No. 31084
65
109 Substitute sub-regulation
P2(2)
with the following:
(2)
The requirements of subregulation (1) shall be deemed to be satisfied where such
installation complies with SANS 10400-P: Provided that where a local authority is of the
opinion that the size or complexity of the drainage installation in any building renders it
essential for such installation to be the subject of an approved rational design prepared
by an approved competent person, such local authority shall, in writing, notify the owner
of such building of its reasons for the necessity for such design and may require such
owner to submit for approval plans and particulars of a complete drainage installation
based on such design.
11 0 Substitute sub-regulation
P3(1)(b)
with the following:
(b)
subject to the National Water Act, 1998 (Act No
36
of 1998), any river, stream or
natural watercourse whether ordinarily dry or otherwise; or
11 1 Substitute "part P of Section
3
of SABS 0400" with "SANS 10400-P" in sub-regulation
P7(1)
Amendment
of
Regulation Q
Regulation
Q
of the Regulations is amended as follows:
1
12
Substitute sub-regulation
Ql
with the following:
Where water-borne sewage disposal is not available other means of sewage disposal shall be
permitted by the local authority: Provided that:
a)
it stores, conveys, processes and disposes of human body wastes and wastewater
!n
such a way that the pathogens, pollutants and contaminants associated therewith do
not compromise the health and safety of the original user or others; and
b)
in the case of chemical or toilet a satisfactory means is available for the removal
and
disposal of sewage from such closets;
1
13
Substitute "latrine" with "toiletn in sub-regulation
Q2
1
14
Substitute sub-regulation
Q3(3)(a)
with the following:
(3) (a)
The requirements of subregulation
(I)
shall be deemed to be satisfied where the
design and construction, siting of, and access to such other means of sewage
disposal complies with SANS 10400-Q; Provided however that where a local
authority is of the opinion that the nature of the means of sanitary disposal is such
that it is essential for such installation to be the subject of an approved rational
design prepared by an approved competent person, such local authority shall, in
writing, notify the owner of such building of its reasons for the necessity for such
design and may require such owner to submit for approval plans and particulars of
a complete installation based on such design
66
No. 31084 GOVERNMENT GAZElTE, 30 MAY 2008
Amendment of Regulation R
Regulation R of the Regulations is amended as follows:
115 Substitute subregulation Rl(3) with the following:
(3)
The requirements of subregulation (I) shall be deemed to be satisfied where such
means of stormwater disposal is provided in accordance with SANS 10400-R: Provided
that where a local authority is of the opinion that the conditions on any site render it
essential for stormwater disposal to be the subject of an acceptable rational design
prepared by an approved competent person, such local authority shall, in writing, notify
the owner of such site of its reasons for the necessity for such design, and may require
such owner to submit for approval plans and particulars of a complete stormwater
control and disposal installation for such site and for any building erected thereon,
based on such design.
Substitution of Regulation S
116
Regulation S of the Regulations is substituted with the following Regulation:
PART S. FACILITIES FOR PERSONS WITH DISABILITIES
S1. APPLICATION
(1)
Facilities that accommodate persons with disabilities shall be provided in any building
except the following:
(a) any building of which the whole of the ground storey comprises one or more
occupancies classified in terms of regulation A20 as
81,
82,
D4, H4, J1 or
J2
(b)
any building classified as
HI
in terms of regulation A20 where such building has less
than
25
bedrooms and it can
be
reasonably proven that it is not possible to include
wheelchair access in certain aspects of the design; and
(c) any storey above ground floor level of a building classified as
H3
in terms of
regulation A20 and not provided with a lift.
S2. FACILITIES TO BE PROVIDED
(1) In any building contemplated in regulation Sl requiring facilities for persons with
disabilities:
persons with disabilities shall
be
able to safely enter the building, use all the
facilities subject to the provisions of sub-regulation
(3)
within it and leave it;
there shall be a means of access suitable for use by persons with disabilities,
from the main and ancillary approaches of the building to the ground storey; via
the main entrance, and any secondary entrance;
there shall be a means of egress suitable for use by persons with disabilities from
any point in a building to a place of safety in the event of an emergency;
any lift installation that is provided shall
be
capable of serving the needs of
persons with disabilities who are likely to be using the building; and (e) any
commonly used path of travel shall be free of obstacles which limit, restrict or
endanger the travel of persons with disabilities, or which Drevent Dersons with
disabilities from accessing the facilities provided in the building and the presence
of such obstruction shall be made evident in a suitable manner to persons with
impaired vision; and
STAATSKOERANT,
30
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2008
No.
31084
67
(9
a suitable means of access shall be provided to any auditorium or hall situated in
any building and such auditorium or hall shall, in relation to its seating capacity,
be provided with sufficient open space to accommodate a reasonable number of
people who use wheelchairs or other assistive devices.
(2) Where parking for more than 50 motor vehicles is provided in or in connection with
any building having a means of access contemplated in subregulation (I), adequate
parking space shall be provided for the parking of motor vehicles used by persons with
disabilities and a suitable means of access shall be provided from the parking area,
whether such parking area be inside or outside such building, to the ground storey of
such building.
(3)
Where, in terms of regulation PI, toilet facilities are required and the building is one
requiring facilities for persons with disabilities in terms of regulation S1, an adequate
number of such facilities shall be suitable for use by persons with disabilities: Provided
that toilet facilities shall not be required in any such building classified as
H3
in terms
of regulation A2O.
S3. DEEMED-TO-SATISFY REQUIREMENTS
The requirements of regulation S2 shall be deemed to be satisfied where:
(a) the facilities provided are in accordance with SANS 10400-S
(b)
the egress from the building in the event of fire is in accordance with SANS 10400-T.
Amendment of Regulation T
Regulation T of the Regulations is amended as follows:
1
17
Replace T(l)(a) with the following:
(a) the protection of occupants or users, including persons with disabilities, therein is ensured
and that provision is made for the safe evacuation of such occupants or users;
118
Substitute sub-regulation Tl(2) with the following:
(2) The requirements of subregulation (1) shall be deemed to be satisfied where
the design, construction and equipment of any building complies with SANS
10400-T: Provided that where any local authority is of the opinion that such
compliance would not comply with all the requirements of subregulation (I),
such local authority shall, in writing, notify the owner of the building of its
reasons for its opinion and may require the owner to submit for approval a
rational design prepared by an approved competent person.
(3)
1 19
Substitute sub-regulation T2(1)(a) with the following:
(1) Any owner of any building who fails to
-
(a) provide sufficient fire extinguishers to satisfy the requirements of subregulation
Tl(l)(e), or who installs fire extinguishers that do not comply with the relevant South
African national standard, or who fails to ensure that such fire extinguishers are
installed, maintained and serviced in accordance with SANS 10105; or
Amendment of Regulation V
Regulation V of the Regulations is amended as follows:
120 Substitute "part
V
of Section
3
of SABS 0400" with "SANS 10400-V in sub-regulation Vl(2)
68
No.
31084 GOVERNMENT GAZETTE, 30 MAY 2008
Amendment of Regulation
W
Regulation
W
of the Regulations is amended as follows:
121
Substitute
"
Any approved fire installation" with "All approved fire installations" in sub-
regulation
Wl
.
122
Substitute 'pumping connection" with 'and suitable connection" in sub-regulation
W3(a)
123
Substitute Regulation
W4
with the following:
The requirements of regulation
W3
shall be deemed to be satisfied where any fire installation
complies with
SANS
10400-W; Provided that where a local authority is of the opinion that it
essential for the fire installation to be the subject of an acceptable rational design prepared by
an approved competent person, such local authority shall, in writing, notify the owner of such
site of its reasons for the necessity for such design, and may require such owner to submit for
approval plans and particulars of a complete fire installation, based on such design.
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