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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 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

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

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  1. 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

  2. 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

  3. Legislative Role Player Department of Trade and Industry

  4. 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)

  5. 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

  6. 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.

  7. Operational Units • Chemicals, Mechanical and Materials (CMM) • Automotive • Electro Technical • Food and Associated Industries • Trade and Legal Metrology

  8. 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.

  9. 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

  10. SCOPE OF TECHNICAL REGULATIONS • All types of common cement and masonry cement. • Preservative treatment of timber. • Safety glazing for use in buildings

  11. TECHNICAL REGULATION BEST PRACTICE MODEL

  12. 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).

  13. TECHNICAL REGULATION BEST PRACTICE MODEL

  14. Administrative Process • NRCS CMM Division • Responsible for administration of technical regulations through: • Approvals. • Market surveillance inspections. • Border Inspections. • Sampling • Sanctions. Regulator

  15. 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.

  16. 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

  17. 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.

  18. 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.

  19. 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.

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

  21. 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)

  22. Items Required • Proof of payment • Technical file

  23. 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

  24. 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.

  25. 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 & 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 bodyshall be acceptable.

  26. STEP 4: APPROVAL • NRCS LOA certificate with approval number. • Approval number must be printed on each bag of cement.

  27. APPROVAL CERTIFICATE: 1ST PAGE

  28. 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.

  29. 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.

  30. 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.

  31. Thank you

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