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Regulation of construction materials in terms of the NRCS Act (Act 5 of 2008) Thomas Madzivhe General Manager NRCS CMM BUILDING CONTROL OFFICERS CONVENTION 26 September 2014

Regulation of construction materials in terms of the NRCS Act (Act 5 of 2008)

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Regulation of construction materials in terms of the NRCS Act (Act 5 of 2008). Thomas Madzivhe General Manager NRCS CMM. BUILDING CONTROL OFFICERS CONVENTION 26 September 2014. Points of Discussion. Enabling Legislation Mandate of the NRCS Overview of CMM Scope of technical regulations - PowerPoint PPT Presentation

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Page 1: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Regulation of construction materials in terms of the NRCS Act

(Act 5 of 2008)

Thomas MadzivheGeneral Manager

NRCS CMM

BUILDING CONTROL OFFICERS CONVENTION

26 September 2014

Page 2: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Points of Discussion

• Enabling Legislation

• Mandate of the NRCS

• Overview of CMM

• Scope of technical regulations

• Regulatory model

• Technical requirements for construction materials

• Financial model for administration of technical regulations

Page 3: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Legislative Role Player

Department of Trade and Industry

Page 4: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Enabling Legislation

Statutory law

National Regulator for Compulsory Specification Act (5 of 2008)

Regulations as published by Government Notice No. R. 924 (Government Gazette No. 33615) of 15 October 2010.

Legal Metrology Act (9 of 2014)

National Building Regulations and Building Standards Act (103 of 1977)

Page 5: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Mandate

Statutory entity that operates under the dti and exists through the NRCS Act

Formerly Regulatory division of SABS

May perform duties requested by other governmental departments

January 2007 Government adopted the National Industrial Policy Framework (NIPF) - iPAP

Page 6: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Mission & Vision

Mission:

Is to protect the interest of South Africans by developing and ensuring compliance with a system of compulsory specifications and technical regulations

Vision:

The vision of the NRCS is a safe, competitive and prosperous South Africa in which we collaborate with our partners to promote environmental sustainable and contribute to a world- class technical infrastructure.

Page 7: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Operational Units

Chemicals, Mechanical and Materials (CMM)

Automotive

Electro Technical

Food and Associated Industries

Trade and Legal Metrology

Page 8: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Mandate

NRCS

Provides for the administration and maintenance of compulsory specifications in the interest of public safety, health and environment.

CMM

The CMM departments administers Compulsory Specifications for Chemicals Mechanicals & Materials in accordance with the NRCS Act (Act 5 of 2008).

The administration facilitates consumer protection in the above-mentioned field.

Page 9: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

CMM Compulsory Specifications

Cement Preservative Treatment of Timber Safety Glazing Materials for Buildings

Disinfectants and detergent disinfectants Plastic Bags (Flat and Carrier Bags) Personal Flotation Devices Swimming Aids Respirators Breathing Apparatus Safety of Footwear Biological Safety Cabinets Flame Producing devices Shooting Ranges

Page 10: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

SCOPE OF TECHNICAL REGULATIONS

• All types of common cement and masonry cement.

• Preservative treatment of timber.

• Safety glazing for use in buildings

Page 11: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

TECHNICAL REGULATION BEST PRACTICE MODEL

Page 12: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

TECHNICAL REGULATIONS

• Compulsory Specification for cement (herein referred to as VC9085:2007) as published by Government Notice No. R. 544 (Government Gazette No. 30023) of 6 July 2007.

• Compulsory Specification for the preservative treatment of timber (herein referred to as VC9092:2009) as published by Government Notice No. 380 (Government Gazette No. 32067) of 3 April 2009.

• Proposed Compulsory Specification for safety glazing materials for buildings (future technical regulation).

Page 13: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

TECHNICAL REGULATION BEST PRACTICE MODEL

Page 14: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Administrative Process

• NRCS CMM Division– Responsible for administration of technical regulations

through:• Approvals.• Market surveillance inspections.• Border Inspections.• Sampling• Sanctions.

Regulator

Page 15: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Administrative Process

CONFORMITY ASSESSMENTS – Provides evidence to Regulator

– Compliance with technical regulations.

– Conformity assessment processes

• Approvals

• Surveillance inspections

APPROVALS – Confirmation by Regulator that a type of commodity has satisfied

legislative requirements as set out in applicable technical regulation.

Page 16: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

SURVEILLANCE INSPECTIONS

• WHEN:– At any reasonable time– Without prior notice

• WHERE: Any premises (excluding private dwelling) where commodity is– Manufactured– Sold– Used– Stored– Imported & exported

• HOW:– FIRST PRIORITY: Find non-compliant suppliers and commodities– Port of Entry Inspections– Random inspections– Random sampling

Page 17: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

SANCTIONS

• Prevention of availability of non-complying commodities to consumer.

• Identification of non-conforming commodities through conformity assessments.

• Restraint of non-complying commodities in SA market.

• NRCS sanctions– Withdraw approvals.– Directives.– Confiscation & destruction.– Legal prosecution in a court of law.– Public notification by means of press releases.

Page 18: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

SALES PERMITS

• Sections 14(4) and (5) of Act No. 5 of 2008: NRCS may issue a sales permit exempting the person to whom it has been issued from complying with section 14(2)(a) of Act No. 5 of 2008 for non-compliant commodities.

• Holder of a sales permit may import, sell or supply non-compliant commodities.– E.g. export of commodities that do not comply with South African technical regulations, but

comply with overseas requirement.– Experimental type approval commodity.

• Sales permit also covers resale of commodity.

• Applications must be made to CEO of NRCS.

• Nominal Application fee

• Sales permit subjected to conditions of issue, e.g.– Time limit.– Batch size.

Page 19: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

TECHNICAL REQUIREMENTS FOR CEMENT (VC9085)

• Compulsory standards– Common cement: SANS 50197-1/CEN EN 197-1– Masonry cement: SANS 50413-1/CEN EN 413-1

• Conformity of cement shall be established in accordance with SABS EN 197-2/CEN EN 197-2 by manufacturer and accredited certification body.

• Importer shall appoint laboratory and third party conformity assessment body to perform confirmation auto control testing and audits in accordance with section 9 of SABS EN 197-2/CEN EN 197-2.

• Compulsory pre-approval of cement type per factory before importation and supply in South Africa.– Current pre-approval cost: R1060

• Weight requirements for cement:– Trade Metrology Act (Act No. 77 of 1973).– Compulsory standard: SANS 289.

• Packaging for cement shall be marked in accordance with Annexure B of VC9085:2007.– Marking of each bag of cement or delivery documents (in case of bulk supply) with allocated approval number.

• Manufacturer, importer and certification body shall notify NRCS of any failure to conform to VC9085:2007.

Page 20: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

SEQUENCE

U n succe ssfu l typ e -exa m in a tionR e -a pp ly fo r a p pro va l

S u cce ss fu l type -e xa m ina tionIssu in g o f L O A

A p p ly fo r a p pro va l

Only manufacturers and importers established within RSA may apply for approval.

Page 21: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Approval of Cement

Important documents– Compulsory Specification for cement (VC9085:2007)

– SANS 50197-1:2000 (when manufacturing or importing common cement)

– SANS 50413-1:2004 (when manufacturing or importing masonry cement)

– SABS EN 197-2:2000 (conformity evaluation)

Page 22: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Items Required

• Proof of payment• Technical file

Page 23: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

TECHNICAL FILE

B.1 Application form

B.2 Technical specifications

B.3 Packaging/commercial documents

B.4 Certificate of conformity

B.5 Importers

B.6 Other

Page 24: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

B.4 CERTIFICATE OF CONFORMITY

• Only certificates of conformity from a certification body that was accredited by a signatory to the IAF Mutual Recognition Agreement in accordance with SANS 17021:2006 shall be acceptable.

• Certificates of conformity shall satisfy the requirements of paragraph 8.2 of SABS EN 197-2:2000 and SANS 17021:2006.

• TYPICAL ELEMENTS OF A COMPLIANT CERTIFICATE:– Name & address of certification body.– Name & address of manufacturer & factory.– Standard designation of cement type.– Statement that cement type conforms to relevant product specification standard

and that conformity is established in accordance with SABS EN 197-2.– Number of certificate.

Page 25: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

B.5 IMPORTERS

• Only applicable to importers of cement.

• 3.2 of VC9085:2007– Importer shall satisfy requirements for an intermediary.– Shall appoint a certification body to perform tasks in

paragraphs 9.3.1 and 9.3.2 of SABS EN 197-2:2000.WRITTEN AGREEMENT BETWEEN IMPORTER & WRITTEN AGREEMENT BETWEEN IMPORTER & SABS REQUIRED.SABS REQUIRED.

• Importer shall identify the following in NRCS form No. VC9085-B1:

– All dispatching centres for the dispatch of the imported cement type after transfer or storage where the importer has full responsibility for all aspects of the quality of the cement type;

– Laboratory that will undertake confirmation autocontrol testing in accordance with 9.2.2 of SABS EN 197-2:2000;

– The third party conformity assessment body that will undertake tasks in paragraph 9.3.1 & 9.3.2 of SABS EN 197-2:2000. Only a IAF accredited third party conformity assessment body shall be acceptable.

Page 26: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

STEP 4: APPROVAL

• NRCS LOA certificate with approval number.

• Approval number must be printed on each bag of cement.

Page 27: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

APPROVAL CERTIFICATE: 1ST PAGE

L e tte r o f A u th o rity

Page: 1 of 2

Concerning: APPROVAL GRANTED of a type of cement pursuant to the Compulsory Specification for cement as published by Government Notice No. R. 544 (Government Gazette No. 30023) of 6 July 2007.

Approval No.: AZ/9085/2007/ Extension No.: -

1. Type of cement

Manufacturer's name/trademark:

Brand name:

Standard designation:

Factory identification:

2. Holder of the approval

Name: «Company»

SARS Importers Code:

Address: «Other_Address»

3. South African National Standard applicable to type of cement

SANS xxxxx-x:xxxx: …

4. Terms and conditions of issue

4.1 This certificate is applicable only to the type of cement as identified in it.

4.2 The holder of the approval shall ensure that the approval number is marked on every bag of cement conforming to the type identified in this certificate, or in the case of bulk supply, in the commercial documents. Print shall be at least 6mm high.

4.3 Every modification to the type of cement itself, its conformity evaluation processes and information that shall appear on each bag of cement shall be formally notified accordingly to the National Regulator for Compulsory Specifications prior to implementation.

4.4 The approval granted for the type of cement identified in this certificate may be withdrawn at any time without prior warning if the requirements of the Compulsory Specification have not been maintained.

5. Approval granted

Place: Pretoria Date: 06/08/2009

T. Magolego (Mrs.) Manager: Approvals NRCS CMM Department

NRCS CMM Department

Page 28: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

TECHNICAL REQUIREMENTS FOR PRESERVED TIMBER

• Compulsory standards:– SANS 10005: ‘The preservative treatment of timber’

• SANS 457-2: ‘Wooden poles, droppers, guardrail posts and spacer blocks - Part 2: Softwood species’• SABS 457-3: ‘Wooden poles, droppers, guardrail posts and spacer blocks - Part 3: Hardwood species’• SANS 753: ‘Pine poles, cross-arms and spacers for power distribution, telephone systems and street

lighting’• SANS 754: ‘Eucalyptus poles, cross-arms and spacers for power distribution and telephone systems’• SANS 1288: ‘Preservative-treated timber’

• Manufacturer or importer shall appoint an accredited certification body to verify initial compliance and on-going conformity of production of preserved timber.

• Pre-approval of manufacturing facility by NRCS.– Current pre-approval cost: ZAR1060

• Manufacturer or importer shall notify NRCS of any failure to conform to VC9092:2009.

Page 29: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

TECHNICAL REQUIREMENTS FOR SAFETY GLAZING FOR BUILDINGS

• Compulsory standard:– SANS 1263-1: ‘Safety and security glazing materials for buildings - Part 1: Safety

performance of glazing materials under human impact’

– SANS 17: Glass and plastics in furniture.

• Compulsory pre-approval of every type of safety glazing before manufacture, import, sale or supply in South Africa.

• Manufacturer or importer shall appoint accredited certification body to verify initial compliance and ongoing conformity of production of safety glazing by means of Type 5 product certification scheme in accordance with ISO Guide 67.

• Holder of approval shall inform NRCS of any change in material, method of manufacture, design or components of approved types of safety glazing.

• NRCS approval number shall appear permanently and legibly on all stock sheets of safety glazing and every safety glazing component of a safety glazing product.

Page 30: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

FINANCIAL MODEL FOR ADMINISTRATION OF TECHNICAL REGULATIONS

• Regulation 2 relating to payment of fees in the form of levies as published by Government Notice No. R. 924 (Government Gazette No. 33615) of 15 October 2010.

– Payable in respect of commodities or products manufactured or imported or services provided, that are subject to a compulsory specification.

– Levy periods:• A period: January – June

• B period: July – December

– Payable on quantities manufactured or imported.– Levies published in Government Gazette.

• Current published levies:– Cement: ZAR0.18 /metric ton– Preserved timber: R1.05 /m3– Safety glazing: No tariff published yet.

Page 31: Regulation of construction materials in terms of the NRCS Act  (Act 5 of 2008)

Thank you