The development of Technical
Regulations : The NRCS approach
presented by :
E Monyanga
•1
Points of discussion
•Background
 RR & D
SA Technical infrastructure entities
•NRCS’s regulatory approach
NRCS mandate
The NRCS’s value chain
Technical 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
POLICY
LEGISLATION
TECHNICAL
REQUIREMENTS
(Standards)
REGULATORY
(mandate to
Regulate)
CONFORMITY
ASSESSMENT
(Testing and
Certification)
SANCTIONS
(Penalties for Non
Compliance)
Regulators
and the
Judiciary
LEGISLATIVE STRUCTURE
Primary Legislation :
Parliament
The NRCS ACT,5 of
2008
Ministry: The
Department of Trade
and Industry
Secondary Laws:
Compulsory
Specifications.
Institution: NRCS
Develop, maintain
and administer VCs.
Market
•6
THE 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 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 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
Requirements
Conformity assessment
Request for
regulation
•Enforcement of regulations
Development
of TR
Pre- market
approval
•In-house
Technical
Specialist.
Admin Process.
•Industry
Participation.
•Use of SANS if
available
Non-compliance
•LOA & Sales
Permit.
•Proof of
Compliance
Inspection
Sampling
•Approvals
Inspectors.
•Random
•Automotive
•Chemicals ,
Mechanical &
Materials
•Legal Metrology
•Foods
•On request
Testing
Accredited
testing facilities
Sanction
General focus of technical regulations
•Mandate of the NRCS as described in the NRCS Act :
Protect public health and safety and the environment
Use 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, appeals
Use of internationally accepted standards
Mutual 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.
Economic impact
Building and
construction
R158,6b
Building
R102,6b
Materials
R95,1b
The Building and
Construction Materials
Sector, Challenges and
Opportunities (CIDB, 2007)
Construction
R56,0b
Labour
R63,4b
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.
List of products with prescribes South African National Standards (SANS) in the National Building Standards- SANS
10400
SANS 10400
PARTS
Part D: Public
safety
Part J: Floors
PRODUCTS
Steel fence or gate
Pool covers and warning devices, for the protection of children
from the hazards of swimming pools.
Joist hangers
Flooring boards
Particle boards
Composite and
plywood boards
Polyolefin underfloor membranes ( DPC)
Part L: Roofs
Tiles
Sheeted roofs
Thatching
Softwood timber used within the municipal boundaries (coastal
areas)
Brandering
Poles
Laths
Glazing materials
PRESCRIBED SANS
in SANS 10400
SANS 1390
SANS 10134.
VC IN PLACE OR
DEVELOPMENT
SANS 1460 or SANS
1783-2,
SANS 629
SANS 50312/ SANS
1931
SANS 929.
Thickness of not less
than 250 μm ( SANS
952-1)
Feasibility to regulate
in process- Request
registered.
SANS 542
ASTM E 1646
SANS 10407
SANS 1288
VC 9091-The
Treated - SANS 10005 compulsory
specification for
preservative treatment
of timber.
SANS 1783-4 or SANS
1707-2
SANS 457-2
VC 9091- The
(softwoods) or SANS
compulsory
457-3(hardwoods)
specification for
Treated - SANS 10005 preservative treatment
of timber.
SANS 1288
SANS 50572 parts 1
to 5 of
Part N: Glazing
Part P: Drainage
Part T: Fire
protection
Safety glazing materials
SANS 1263-1
Glazing material in balustrades
The impact and line
loads determined in
accordance with the
requirements of SANS
10160-2.
Electrical sanitary fixtures
SANS 60335-2-16
Toilet pans
Connectors for toilet pans
Prefabricated septic tanks
Trap(integral with a sanitary fixture)
SANS
SANS
SANS
SANS
SANS
SANS
SANS
SANS
SANS
SANS
Ceiling
Hose reel
Hydrant
Non-combustibility of building materials
Portable fire extinguishers
Transportable, rechargeable fire extinguishers
Smoke alarm
Solar water heating systems
VC 9003-The
compulsory
specification for safety
glazing materials for
buildings
The Compulsory
specification for
electrical and electronic
apparatus
497
4633
52566-1.
1321-1 and
1321-2.
10177-5
428
543
1128-2.
10177-5
SANS 1475-1 and
SANS 10105-1.
SANS 11601
SANS 50054-7,
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 SANS
SANS 204:
Thermal insulation material
Energy efficiency
in buildings
Solar water heating systems
SANS
SANS
SANS
SANS
10177-5
428
1307 and
10106
See Part - T
How?
Problem definition:
Evaluate baseline
Determine feasibility
Impact Assessment:
Evaluate regulatory
options
Impact on interested
and/or affected parties
Risk assessment:
Identify, evaluate and
rate the inherent risks
Cost-benefit analysis
Determine regulatory
objectives:
Scope
Product characteristics
Conformity assessment
Administrative
requirements
CSP 350:
Development and approval of technical regulations
Request to NRCS CEO/RR&D Manager
i
Feasibility of request by PAC – YES/NO
i
Appoint project Manager from RR&D department
i
Project proposal to PAC
i
Technical stakeholder working group meeting
i
Risk Assessment (Report to PAC) – YES/NO
i
Technical stakeholder working group meeting
i
Draft technical regulation
i
Regulatory Impact Assessment (Report to PAC) – YES/NO
i
Full stakeholders’ meeting
CSP 350: Development and approval of technical regulations
i
Draft second version of technical regulation & circulate
i
Finalize technical regulation (to PAC for signing off)
i
Submit to NRCS EXCO for review and approval
i
To dti for Ministers’ approval
i
First gazetting for comments (60 days)
i
Comments review meeting
i
To dti for final gazetting!