HIGHLIGHTS ON THE IMPLEMENTATION OF THE ACT 30 YEARS OF THE NBR & BUILDING STANDARD ACT REVISION AUTHOR &PRESENTER: BRODERICK CHILOANE EXECUTIVE MANAGER:

HIGHLIGHTS ON THE IMPLEMENTATION OF THE ACT

30 YEARS OF THE NBR & BUILDING STANDARD ACT

REVISIONAUTHOR &PRESENTER: BRODERICK CHILOANE

EXECUTIVE MANAGER: BUILDING CONTROL

EKURHULENI METROPOLITAN MUNICIPALITY

NATIONAL BUILDING REGULATIONS AND BUILDING STANDARD ACT 103, 1977

• TO PROVIDE FOR THE PROMOTION OF UNIFORMITY IN THE LAW RELATING TO ERECTION OF BUILDINGS IN THE AREAS OF JURISDICTION OF THE LOCAL AUTHORITIES, THE PRESCRIBING OG BUILDING STANDARDS, AND FOR MATTERS CONNECTED THERE WITH.

• TONE SETTING/APPLICABILITY

• JURISDICTIONAL FACT.

• PARAMETERS

THE FUNDAMENTAL QUESTIONS

• DOES THE LAW EXIST

• WHAT IS THE HISTORICAL BACKGROUND

• WHERE IS IT APPLICABLE

• WHAT IS ITS PURPOSE

• WHAT ARE THE IMPLICATIONS

• WHO MUST ENFORCE IT

• WHO DOES IT AFFECT

• ARE THOSE AFFECTED AWARE

• IS IT STILL RELEVANT

LAW ENFORCEMENT AND LEGAL CAPABILITIES TO PROSECUTE.

• WHAT IS LAW?

• ACCORDING TO CONCISE OXFORD DICTIONARY TENTH EDTION “LAW. N. 1 A RULE OR A SYSTEM OF RULES RECOGNIZED BY A COUNTRY OR COMMUNITY AS REGULATING THE ACTIONS OF ITS MEMBERS AND ENFORCED BY IMPOSITION OF PENALTIES”.

• WHAT IS ENFORCEMENT?

• ACCORDING TO CONCISE OXFORD DICTIONARY TENTH EDITION “ENFORCE”.V. COMPEL COMPLIANCE WITH (A LAW, RULE, OR OBLIGATION). CAUSE TO HAPPEN BY NECESSITY OR FORCE.

• IN A COUNTRY WHERE THERE IS NO LAW THERE IS NO CRIME. FOR ACTION TO BE CLASSIFIED AS CRIME OR CONTRAVENTION THERE MUST BE LAW THAT PROVIDES FOR THE PROHIBITION OF THAT ACTION AND THAT ACTION IS PUNISHABLE BY MEANS OF THAT LAW.

• VERY FEW OF THE LOCAL AUTHORITIES ACROSS THE COUNTRY ARE AT A BETTER POSITION TO DO PROPER LAW ENFORCEMENT THAT END UP IN A SUCCESSFUL PROSECUTION, BUT IN THE MAIN WITH MINIMUM PROSPECTS OF SUCCESS WITH CASES. CONTRAVENTION OF THE PROVISIONS OF THE ACT IS A SERIOUS OFFENCE AS IT COMPROMISES THE HEALTH, SAFETY OF PEOPLE, PROPERTY AND ENVIRONMENT. IT IS THEREFORE PRUDENT THAN EVER BEFORE THAT LAWS RELATING TO BUILDINGS WITH THE INTENSION TO SAVE LIFE BE APPLIED STRICTLY WITHOUT FEAR OR FAVOUR.

LAW ENFORCEMENT AND LEGAL CAPABILITIES TO PROSECUTE.

• WHAT ARE THE LEGAL CAPABILITIES TO PROSECUTE?

• THESE ARE LEGAL SUPPORT MECHANISM TO ENSURE THAT COMPULSORY PROCEDURES AND PROCESSES ARE FOLLOWED TO THE LATTER TO SUCCESSFULLY PROSECUTE. THIS IS NOT A MECHANISM AS IN A PROGRAMME ROBOTIC SYSTEM BUT THE MECHANISM THAT COMPRISE OF PEOPLE, LAW ENFORCERS, SPECIALIST LAWYERS AND ADMINISTRATORS THAT ARE TRAINED AND CAPABLE TO DELIVER AS MANDATED.

• LAW ENFORCEMENT IS A THREE TIER ACUTE TRI-ANGULAR APPLICATION PHENOMENON WITH THE FOLLOWING ELEMENTS:

• EDUCATION: ABOUT THE LAW.

• ENFORCEMENT: OF THE LAW WHERE THERE IS BREACH.

• PROSECUTION: IN TERMS OF THE LAW WHERE THE BREACH IS NOT CORRECTED OR CANNOT BE CORRECTED/COMPELLING COURT ORDERS

• PROSECUTORIAL CAPABILITIES:

• BUILDING CONTROL MUST ADMINISTER THE ACT FOR ALL PERSONS ALIKE WITHOUT FEAR, FAVOUR OR PREJUDICE IN ACCORDANCE WITH CONSTITUTION AND THE LAW. THE LOCAL AUTHORITY MUST HAVE THE LEGAL CAPACITY STRONG ENOUGH TO SEND AN UNAMBIGUOUS MESSAGE TO THE COMMUNITY THAT THE CONTRAVENTION OF THE PROVISION OF THE ACT IS DONE AT OWN RISK WITH DIRE CONSEQUENTIAL IMPLICATIONS, BE IT FINANCIAL AND/OR IMPRISONMENT.

CONSTITUTIONAL IMPERATIVE

Bill of rights (Constitution of the Republic of South Africa)

Section 26(1) - “Everyone has the right to have access to adequate housing.”

Section 24 Everyone has the right:  a) to an environment that is not harmful to their health or well-being; and b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that: i) prevent pollution and ecological degradation; ii) promote conservation; and iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”

MANDATES

• BACKGROUND

• NRCS ACT 5, 1998

• VISION: SAFE, COMPETITIVE AND PROSPEROUS SA, COLLABORATE WITH PARTNERS TO PROMOTE SUSTAINABILITY AND CONTRIBUTE TO WORLD CLASS INFRASTRUCTURE.

• MISSION: TO PROTECT THE INTEREST OF SA BY DEVELOPING AND ENSURING COMPLIANCE WITH A SYSTEM OF COMPULSORY SPECIFICATION AND TECHNICAL REGULATIONS. THE SPECS. & TECH REG. COVERS A RANGE OF PRODUCTS THAT MAY IMPACT THE SAFETY OF CONSUMERS

WHERE DOES BUILDING CONTROL FIT INTO THE EQUATION

• BCO IS MANDATED TO ADMINISTER THE BSA ACT 103, 1977 AS AMENDED AS WELL

AS THE APPLICABLE SANS CODES.

The built environment comprises the manmade surroundings that provide the setting for human activity

Buildings

•provide shelter for humans, animals, or property of any kind•are central to the built environment and the economy of any country as well as the well being of its inhabitants•buildings shape and define the environment in which humans live, work and relax

The built environment

Hammurabi code (Babylonian dynasty - circa 1792-1750 BC)

It is not surprising that building standards have been in place ever since man has been able to capture his thoughts in writing

The earlest known building code is that of Hammurabi which dealt with two basic issues

-the fee a builder was to paid for completing a house

-the recourse that an owner had to that builder in the event that the house was not properly constructed

Hammurabi code (Babylonian dynasty - circa 1792-1750 BC)

If a builder build a house for some one, and does not construct it properly, and the house which he built falls in and kills its owner, then that builder shall be put to death

If it kills the son of the owner the son of that builder shall be put to death

If it ruins goods, he shall make compensation for all that has been ruined, and inasmuch as he did not construct properly this house which he built and it fell, he shall re-erect the house from his own means

Hammurabi code (Babylonian dynasty - circa 1792-1750 BC)

Says nothing about women (wives and daughters) !

Lessons:

Building codes reflect societal values and expectations

Imposed responsibility for results and left the means of achieving them open

With urbanisation came the scourge of fire and health risks associated with poor sanitation

Over the centuries, many cities were razed to the ground by fire and millions of people died as a result of poor sanitary conditions in highly populated areas

Informal settlements

St Francis Bay fire

Evolution of building regulations

Nineteen century law makers developed building laws to secure proper sanitary conditions and to diminish the outbreaks and disastrous consequences of fires in cities

Law makers in the twentieth century developed minimum standards for the construction and maintenance of buildings designed to protect public health, safety and general welfare

Focus on:•structural safety and serviceability•fire safety,•health and hygiene•moisture penetration•hygrothermal (humidity and temperature)•safety•accessibility and usability

Many of these standards, particularly the earlier ones, were prescriptive in nature and addressed only local or conventional construction techniques and methods

Standards for buildings need to reflect societal values and expectations

Building standards for the twenty first century need to be developed to address the issues of the day

Death risk rates by activity (Madsen , 1986)

Activity Rate per hour for billion people exposed

Exposure (hours per year)

Death rate per 100 000 people exposed per annum

Mountain climbing 2 700 100 27

Flying (crew) 120 2 900 17

Automobile travel 56 400 2.2

Construction 7.7 2 200 1.7

Flying (passengers)

120 100 1.2

Home accidents 2.1 5 500 1.1

Factory work 2 2 000 0.4

Building fires 0.15 5 500 0.08

Structural failure 0.002 5 500 0.001

Building safety

expectations

Recent enhancements in National Building Regulations flowing out of the NHBRC structural warranty scheme

Damage due to heaving clays

Damage due to collapsing sand

Regulations amended in 2008 . Deemed to satisfy provision (SANS 10400) amended in 2010 - 2012

Recent enhancements in National Building Regulations flowing out of the NHBRC structural warranty scheme

Development of dolomite land

CITY PRESS (28 December 2010 )Residents protest against Bapsfontein relocationThe Ekurhuleni metropolitan municipality has said that about 3000 families have to relocate because of a dolomite problem in Bapsfontein

Sediments spall into a

cavity

overburden forms a

structural arch

The cavity migrates upward

Cavity eventually breaches the

ground surface

Main aspects which are issues of concern

Core areas of protection / issues of concern / aspects impacted upon by construction works

ecosystem natural resources

health and well-being

social equity

cultural heritage

economic prosperity

economic capital

Emission to air

Use of non-renewables

Fresh water consumption

Waste generation

Change of land use

Access to services

Accessibility

Indoor conditions and air quality

Adaptability

Costs

Maintainability

Safety

Serviceability

Aesthetic quality

Sustainable development (ISO 21929-1)The building and construction sector

• is a key sector in national economies• represents a large share of the economic assets of individuals, organizations and nations• is one of the single largest industrial sectors with impacts on employment, economy and environment•proper housing and infrastructure are key elements in determining the quality of life•has a significant interface with poverty reduction through the provision of basic services and the potential opportunities to engage the poor in construction, operation and maintenance activities

Choices relating to the following in buildings impact upon sustainability:

•building materials;•constructions methods and resources; •operating energy; •water services; and•sanitary systems

21st century issues

BROWN AGENDA

Key concern

Human well-being

Timeframe Immediate

Scale Local

Concerned about

Low-income groups

Nature Manipulate & use

Services Provide more

GREEN AGENDA

Ecosystem well-being

Forever

Local to global

Future generations

Protect and work with

Use less

NORTH

SOUTH

Green and Brown agenda - poverty, development and the environment

Affluence & over-consumption

Poverty & underdevelopment

Different agendas

• Usage of resources such as energy and water e.g. greenhouse gas emissions, use of renewable and non-renewable resources and consumption of fresh water)

• Choice of building materials e.g. use of renewable and non-renewable resources, use of harmful substances, potential to generate business and employment opportunities for targeted groups and formation of waste hazards)

• Choice of construction methods and resources e.g. potential to generate business and employment opportunities for targeted groups and health and safety during construction

• Methods of waste disposal .e.g. recycling and disposal of hazardous waste

• Resilience (ability to recover / bounce back from extreme hazards / disasters)

Regulations trajectory and Contributions to sustainable development

Current regulations regarding sustainability(2011)

Part XA: Energy usageXA1 In order to contribute to the reduction of greenhouse gases buildings . . . . . . . . . . .

Bill of rights Section 24 (b) Everyone has the right to have the environment protected, for the benefit of present and future generations . . . . . . . Constitution39. Interpretation of Bill of Rights.- (2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.

Section 17 of the National Building Regulations and Building Standards ActThe Minister may …….make regulations, to be known as national building regulations- (h) regarding the provision of water and of sewerage and drainage services in respect of buildings ……

Regulation W covers fire installations

Water for consumption is not covered – covered but not enforced through Water Services Act of 1997 - Regulations merely state that every consumer installation must comply with SANS 10252-1

CODE OF PRACTICE TO SANS

• NECESSARY AND ON GOING REVISION TO :

• ENHANCE HEALTH, SAFETY AND ENVIRONMENT

• COMPARTMENTALISATION OF SECTION SANS

• CLOSING OF REGULATORY LOOPHOLES & BETTER ENFORCEMENT

• COUNTER IDENTIFIED RISK POTENTIAL

• ALIGN WITH NATIONAL AND GLOBAL AGENDA

LAW=RISK MANAGEMENT

• RISK MANAGEMENT PLAN

• RISK DESCRIPTION

• CONTRIBUTING FACTORS

• INTERVENTION MEASURES/MITIGATION

• STATUS OF INTERVENTION

• MONITORING AND EVALUATION

• RESOURCES AND RESPONSIBILITIES

SO WHAT IS RISK BASED REGULATION?

‘Systematised decision making frameworks and procedures to

prioritise regulatory activities and deploy resources, principally

relating to inspection and enforcement, based on an

assessment of the risks that regulated entities or individuals

pose to the regulator’s objectives.’

PROFESSOR JULIA BLACKLondon School of Economics

‘The risk approach centres on determining probability and impact factors, deciding on

regulatory response, the development of regulatory tools, and most importantly, informing allocative decisions in deploying

limited resources’

HUTTERThe Attractions of Risk Based Regulation

STRUCTURAL CHALLENGES TO REGULATORS

Fragmentation of

Government agencies

( synergy)

Lack of organisational agility – external change

beats speed of internal

change

Duplication of administrative infrastructure

s

Inefficiency as a result of

a lack of scale

Slow changes to mandate as a result of

the legislative

change required

Inefficiency as a result of a failure to

invest in the right people

and technology

Need to capacity

and value

CURRENT REVISION OF THE ACT

• LAW REFORM DUE TO CHANGING CIRCUMSTANCES AND ADVANCEMENT

• TERMS OF REFERENCE HAS BEEN DRAFTED.

• POSITION PAPER DRAFTED AND CIRCULATING WITH THE DTI.

• TO BE MADE AVAILABLE TO NRCS AND BCO

• MINISTERIAL PRONOUNCEMENTS

• THE WHOLE REVISION IS ESTIMATED TO TAKE ABOUT THREE YEARS

BUILDING CONTROL OFFICERS

• ONE PIECE

• PUZZLE GIG SAW

• PUZZLE INCOMPLETE

• WITHOUT MILITARIZATION IMPROVE THEIR AUTHORITY, POWERS AND STATUS

SOME OF THE REPERCUSSIONS OF LACK OF ENFORCEMENT

HUMAN DISASTER IN THE BANGLADESHI GARMENT INDUSTRY - A POORLY CONSTRUCTED FACTORY BUILDING COLLAPSES

SOME OF THE REPERCUSSIONS OF LACK OF ENFORCEMENT

SOME OF THE REPERCUSSIONS OF LACK OF ENFORCEMENT

SOME OF THE REPERCUSSIONS OF LACK OF ENFORCEMENT

"The Concept of Failure is central to understanding engineering, it has as its first and foremost objective the obviation of failure. Design, even structural design, is a human endeavor and thus it is subject to error. Due to this, some designs are destined to fail. This can lead to a loss of life which in itself is tragic, but a deeper unforgivable tragedy exists when the lessons of the failure are understood and allowed to occur again."

SOME OF THE REPERCUSSIONS OF LACK OF ENFORCEMENT

RECENT COLLAPSE OF BUILDING

SOME OF THE REPERCUSSIONS OF LACK OF ENFORCEMENT

RECENT COLLAPSE OF BUILDING

RECENT COLLAPSE OF BUILDING

• ONE LIFE TOO MANY

• TONGAAT MALL = 2 CASUALTIES

• MEYERSDAL ECO-ESTATE =7 CASUALTIES

• CHURCH GUEST HOUSE IN NIGERIA=115 CASUALTIES( 84 SOUTH AFRICANS)

• COULD HAVE BEEN PREVENTED HAD ALL THE LAWS BEEN OBSERVED

• WHO IS THE CULPRIT

THE FUNDAMENTAL QUESTIONS ANSWERED

• DOES THE LAW EXIST

• WHAT IS THE HISTORICAL BACKGROUND

• WHERE IS IT APPLICABLE

• WHAT IS ITS PURPOSE

• WHAT ARE THE IMPLICATIONS

• WHO MUST ENFORCE IT

• WHO DOES IT AFFECT

• ARE THOSE AFFECTED AWARE

• IS IT STILL RELEVANT

ACHIEVEMENT SINCE THE ENACTMENT AND REGULATION

• SIGNIFICANT IMPROVEMENT

• VARIOUS REVISIONS MADE

• ACCOMMODATION OF INDUSTRIAL ADVANCEMENT

• PROVIDED AND ENCOURAGED INNOVATION

• SOCIO-ECONOMIC OPPORTUNITIES CREATED.

Importance of building regulation in support of building industry, consumer and the economy

When buildings function – building regulations are seen as a hindranceWhen buildings fail at scale – national disaster When buildings fail and there is no insurance cover – who pays?

tension

Why have regulations

Keep it simple

Must be perfectly correct

Without NBR – chaos when an extreme event occurs, loss of life and even loss of livelihoods

I THANK YOU!!!!!!!!!