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!
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