•1

The development of Technical Regulations : The NRCS approach

presented by :E Monyanga

Points of discussion

•Background RR & DSA Technical infrastructure entities

•NRCS’s regulatory approach

NRCS mandateThe NRCS’s value chainTechnical regulations(TRs/ VCs)

•The status of technical TRs for building materials in the NRCS.

•How TRs can support NBR

•How TRs are developed •The role of stakeholders in the VC development process

Regulatory Research and Development ( RR & D)

• We conduct regulatory research:

Government policies, priorities and possible effects on NRCS’s mandate.

Identify new areas of regulatory interventions e.g new areas of government policy focus e.g. energy efficiency.

Risk- and impact assessments to assess the feasibility of the proposed technical regulations ( TRs) or Compulsory specifications ( VCs).

Optimise or improve the regulatory effort:

• Benchmarking of the NRCS regulatory activities against those of other regulators

• New technology or standards

RR & D

• Facilitate :

Development of new Compulsory Specifications( VCs) and Technical regulations (TRs)

Amendment of existing VCs and TRs.

Repeal of obsolete VC’s.

THE SOUTH AFRICAN TECHNICAL INFRASTUCTURE

Regulators and the Judiciary

•6

LEGISLATIVE STRUCTURELEGISLATIVE STRUCTURE

Ministry: The Department of

Trade and Industry

Institution: NRCS

Primary Legislation : The NRCS ACT,5 of

2008

Secondary Laws: Compulsory

Specifications.

Develop, maintain and administer VCs.

Parliament

Market

THE NRCS MANDATETHE NRCS MANDATE

• Established through the National Regulator for Compulsory Specifications Act in 2008 (Act 5 of 2008).

• Previously, was the Regulatory Division of the South African Bureau of Standards ( SABS).

• Develop, maintain and administer technical regulations including COMPULSORY SPECIFICATIONS (VCs) to:

Protect public health and safety, Protect the environment ( sustainability) Ensure that national and international trade is fair and based on

reliable measurements of quantity( Mass, Volume, Length and Area).

Administer National Building Regulations under the NBR Act, 1977.

Compulsory Specifications mandateCompulsory Specifications mandate“Compulsory specifications”

13. (1) The Minister may, on the recommendation of the Board, in respect of any commodity, product or service which may affect public safety, health or the environment, by notice in the Gazette—

(a)declare a SANS or a provision of a SANS to be a compulsory specification —

(i)by referring to the title and the number of that standard only, without indicating the year or edition number, and if that SANS is amended, the amended SANS is deemed to have been incorporated; or

(ii) by referring to the title, number and year or edition number of that SANS;

(b) declare an amended SANS or an amended provision of a SANS to be a compulsory specification if the original declaration was made in terms of subsection (1)(a)(ii);

(c) declare or amend a compulsory specification if a SANS or a provision of a SANS is not available in terms of paragraphs (a) and (b); or

(d) withdraw a compulsory specification.

Technical regulationsTechnical regulations

Document which lays down product characteristics or their related

processes and production methods, including the applicable

administrative provisions, with which compliance is mandatory.

It may also include or deal exclusively with terminology, symbols,

packaging, marking or labelling requirements as they apply to a

product, process or production method.

(WTO TBT Agreement)

The technical regulations value chain

Request for regulation

Conformity assessment

Development of TR

Pre- market approval Inspection Sampling Testing Sanction

•Enforcement of regulations

•In-house Technical Specialist.

•Industry Participation.

•Use of SANS if available

Admin Process.

•LOA & Sales Permit.

•Proof of Compliance

•Approvals Inspectors.

•Automotive

•Chemicals , Mechanical &

Materials

•Legal Metrology

•Foods

•Random

•On request

Accredited testing facilities

Requirements Non-compliance

General focus of technical regulationsGeneral focus of technical regulations

•Mandate of the NRCS as described in the NRCS Act :

Protect public health and safety and the environmentUse SANS for technical requirements

•SA’s obligations under the World Trade Organization (WTO) Agreement on Technical Barriers to Trade (TBT):

Prohibits use of non-tariff barriers i.e. standards and technical regulations.Transparency – notification and disclosure, appealsUse of internationally accepted standardsMutual recognition of conformity assessment service providers – accreditation.

•Good regulatory practices ( GRP)

GRP - National Technical Regulatory Framework (NTRF)

Core principles for the NRTF include:

Transparency;

The use of the least trade restrictive measures;

Internationally harmonised measures;

Necessity;

Proportionality; and

Non- discrimination.

How Technical Regulations can support National Building Regulations

Prescribe required performance for building materials:

Ongoing control over materials used in construction.

Enforce reliability and consistency.

Eliminate/ prevent entry in to the market of unsafe or

hazardous materials.

Promote Sustainability- energy efficiency and environmentally sound sources of building materials.

The economic impact of poor quality materials.

• \

The Building and Construction Materials Sector, Challenges and Opportunities (CIDB, 2007)

Economic impact

REGULATION OF BUILDING MATERIALS: CURRENT CHALLENGES

(CIDB, 2007)

•Non-compliance of materials and building products with South African National Standards.

•Lack of capacity amongst building inspectors to evaluate compliance requirements, even though standards are prescribed in SANS 10400.

•Effect on the end product – buildings and infrastructure : poor quality and hazardous conditions.

•NRCS - to grow regulatory foot print in this area.

Part N: Glazing        

Safety glazing materials SANS 1263-1 VC 9003-The compulsory specification for safety glazing materials for buildings

Glazing material in balustrades    

The impact and line loads determined in accordance with the requirements of SANS 10160-2.  

 

Part P: Drainage       

Electrical sanitary fixtures SANS 60335-2-16 

The Compulsory specification for electrical and electronic apparatus

Toilet pans SANS 497  Connectors for toilet pans SANS 4633  Prefabricated septic tanks SANS 52566-1.  Trap(integral with a sanitary fixture) SANS 1321-1 and SANS

1321-2. 

Part T: Fire protection 

Ceiling SANS 10177-5SANS 428

 

Hose reel SANS 543  Hydrant SANS 1128-2.  Non-combustibility of building materials 

SANS 10177-5  

     Portable fire extinguishers SANS 1475-1 and SANS

10105-1. 

Transportable, rechargeable fire extinguishers SANS 11601  Smoke alarm SANS 50054-7,  Solar water heating systems SANS 1307, SANS

10106,SANS 10254 and SANS 10252-1.

VC 9004- The Compulsory specification for solar water heating systems.VC 9006- Hot water storage tanks.

Other SANSSANS 204: Energy efficiency in buildings

Thermal insulation material SANS 10177-5SANS 428

 

Solar water heating systems SANS 1307 and SANS 10106 

See Part - T

How?

CSP 350: Development and approval of technical regulations

Request to NRCS CEO/RR&D Manager

Feasibility of request by PAC – YES/NO

Appoint project Manager from RR&D department

Project proposal to PAC

Technical stakeholder working group meeting

Risk Assessment (Report to PAC) – YES/NO

Technical stakeholder working group meeting

Draft technical regulation

Regulatory Impact Assessment (Report to PAC) – YES/NO

Full stakeholders’ meeting

CSP 350: Development and approval of technical regulations

Draft second version of technical regulation & circulate

Finalize technical regulation (to PAC for signing off)

Submit to NRCS EXCO for review and approval

To dti for Ministers’ approval

First gazetting for comments (60 days)

Comments review meeting

To dti for final gazetting!