STAATSKOERANT,
30
ME1
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