National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977) Regulations Part AZ : Coming into Operation, Definitions and Standards AZ2. Definitions

 

In these regulations any word or expression to which a meaning has been assigned in the Act, shall bear that meaning and, unless the context indicates otherwise—

 

"acceptable", "adequate", or "satisfactory"

means acceptable, adequate, or satisfactory—

[Definition amended by regulation 2 of Notice No. R. 574 of 2008]

 

"action"

means an assembly of concentrated or distributed mechanical forces acting on a building or the cause of deformations imposed on the building or constrained in it;

[Definition added by regulation 3 of Notice No. R. 574 of 2008]

 

"Agrément certificate"

means a certificate that confirms fitness-for-purpose of a non-standardised product, material or component or the acceptability of the related non-standardised design and the conditions pertaining thereto (or both) issued by the Board of Agrément South Africa.

[Definition added by regulation 4 of Notice No. R. 574 of 2008]

 

"air duct"

means any pipe, tube, conduit or enclosed space used or to be used in any building for the transmission of air in an artificial ventilation system;

 

"applicant"

means any person who makes an application;

 

"application"

means an application contemplated in section 4 of the Act;

 

"approval"

means—

 

"approved"

means—

 

"artificial ventilation system"

means a system in which air is caused to circulate through a room by means of a mechanical apparatus which forces air into or extracts air from such room;

 

"Board of Agrément South Africa"

the body that operates under the delegation of authority of the Minister of Public Works.

[Definition added by regulation 5 of Notice No. R. 574 of 2008]

 

"branch discharge pipe"

means a horizontal discharge pipe conveying the discharge from one or more sanitary fixtures to a discharge stack;

 

"building envelope"

means the elements of a building that separate a habitable room from the exterior of a building or a garage or storage area;

[Definition added by regulation 3 of Notice No. R. 711 of 2011]

 

"building line"

in relation to a site, means a line prescribed in any town planning scheme or any other law designating the boundaries of the area of the site outside of which the erection above ground of any building is prohibited;

 

"capacity"

of any storage tank means the volume of such tank between the operating level of the water contained in such tank and the invert of the outlet from the tank;

 

"carport"

means a building intended to provide shelter for a motor vehicle, caravan or boat and having a roof but having walls on not more than two sides;

 

"certified thermal calculation software"

means software certified by the Board of Agrément South Africa in terms of Agrément South Africa's Energy Software Protocols as being fit for thermal modelling or calculation purposes in terms of these regulations;

[Definition added by regulation 3 of Notice No. R. 711 of 2011]

 

"chemical closet"

means a closet with a fixed pan, the excreta from which pass into a tank where they are acted upon by chemicals which sterilize and break them down;

 

"chimney"

means that part of a building which forms part of a flue, but does not include a flue pipe;

 

"class"

[Definition deleted by regulation 6 of Notice No. R. 574 of 2008]

 

"cleaning eye"

means any access opening to the interior of a discharge pipe or trap provided for the purposes of internal cleaning, and which remains permanently accessible after completion of the drainage installation;

 

"combustible"

means the opposite of non-combustible;

 

"common drain"

means that portion of a drain which conveys sewage other than or in addition to that sewage which emanates from the site through which such drain runs;

 

"communication pipe"

means any pipe in a water supply system to which any water installation is connected;

 

"competent person"

means a person who is qualified by virtue of his education, training, experience and contextual knowledge to make a determination regarding the performance of a building or part thereof in relation to a functional regulation or to undertake such duties as may be assigned to him in terms of these regulations;

[Definition substituted by regulation 7 of Notice No. R. 574 of 2008]

 

"connecting sewer"

means a pipe vested in the local authority which connects a drain to a sewer;

 

"conservancy tank"

means a covered tank used for the reception and temporary retention of sewage and which requires emptying at intervals;

 

"contaminated land"

means any land that, due to substances contained within or under it, is in a condition that presents an unacceptable risk to the health and safety of occupants of buildings constructed on such land;

[Definition added by regulation 8 of Notice No. R. 574 of 2008]

 

"deemed-to-satisfy provision"

means non-mandatory requirement, the compliance with which ensures compliance with a functional regulation;

[Definition added by regulation 9 of Notice No. R. 574 of 2008]

 

"discharge pipe"

means a pipe which conveys the discharge from a sanitary fixture to a drain, and includes a soil pipe, a waste pipe, a discharge stack, a branch discharge pipe or a fixture discharge pipe;

 

"discharge stack"

means any vertical discharge pipe which conveys the discharge from two or more sanitary fixtures and which is connected directly to a drain;

 

"dolomite land"

means land underlain by dolomite or limestone rock directly or at a shallow depth less than:

[Definition added by regulation 10 of Notice No. R. 574 of 2008]

 

"drain"

means that part of any drainage installation outside a building and which is below ground level, but shall not include the following:

 

"drainage installation"

means any installation vested in the owner of a site and which is situated on such site and is intended for the reception, conveyance, storage or treatment of sewage, and may include sanitary fixtures, traps, discharge pipes, drains, ventilating pipes, septic tanks, conservancy tanks, sewage treatment works, or mechanical appliances associated therewith;

 

"dwelling house"

means a single dwelling unit and any garage and other domestic outbuildings thereto, situated on its own site;

 

"dwelling unit"

means a unit containing one or more habitable rooms and provided with adequate sanitary and cooking facilities;

 

"emergency route"

means that part of an escape route which provides fire protection to the occupants of any building and which leads to an escape door;

 

"escape door"

means that door in an escape route which, at ground level, leads directly to a street or public place or to any approved open space which leads to a street or public place;

 

"escape route"

means the entire path of travel from the furthest point in any room in a building to the nearest escape door and may include an emergency route;

 

"exit door"

means any door that is a component of an escape route from any room;

 

"fire installation"

means any water installation which conveys water solely for the purpose of fire-fighting;

[Definition inserted by regulation 3(a) of Notice No. R. 432 of 1991]

 

"fire resistance"

means the shortest period for which a building element or component will comply with the requirements for stability, integrity and insulation when tested in accordance with SANS 10177-2;

[Definition amended by regulation 11 of Notice No. R. 574 of 2008]

 

"fixture discharge pipe"

means a discharge pipe which conveys the discharge from a single sanitary fixture;

 

"flammable"

means having a closed cup flash point lower than 90 °C;

 

"floor area"

in relation to a building or a storey thereof, means the total area enclosed within its external walls, exclusive of the area occupied by any lift shaft;

 

"flue"

means a passage which conveys the discharge of a heat generating appliance to the external air;

 

"flue pipe"

means a pipe forming a flue but does not include a pipe built as a lining into a chimney;

 

"foundation"

means that part of a building which is in direct contact with and is intended to transmit loads to the ground;

 

"foundation wall"

means that portion of a wall between the foundation and the lowest floor above such foundation;

 

"french drain"

means a trench filled with suitable material which is used for the disposal of liquid effluent from a septic tank or waste water;

 

"functional regulation"

means a regulation that sets out in qualitative terms what is required of a building or building element or building component in respect of a particular characteristic without specifying the method of construction, dimensions or material to be used;

[Definition added by regulation 12 of Notice No. R. 574 of 2008]

 

"garage"

means an enclosed area which is used or intended to be used for the parking, storing, servicing or repairing of motor vehicles;

 

"geotechnical site investigation"

means the process of evaluating the geotechnical character of a site in the context of existing or proposed works or land usage, which may include one or more of the following:

[Definition added by regulation 13 of Notice No. R. 574 of 2008]

 

"gully"

means a pipe fitting incorporating a trap into which waste water is discharged;

 

"habitable room"

means a room used or designed, erected, adapted or intended to be used by persons for sleeping in, living in, the preparation or consumption of food or drink, the transaction of business, the rendering of professional services, the manufacture, processing or sale of goods, the performance of work, the gathering together of persons or for recreational purposes;

 

"incremental house"

[Definition deleted by regulation 14 of Notice No. R. 574 of 2008]

 

"industrial effluent"

means any liquid whether or not containing matter in solution or suspension which is given off in the course of or as a result of any industrial, trade, manufacturing, mining or chemical process or any laboratory, research or agricultural activity, and includes any liquid other than soil water, waste water or stormwater;

[Definition amended by regulation 15 of Notice No. R. 574 of 2008]

 

"inspection"

means the general inspection by a competent person of a system or measure or installation of a building, or part thereof, at such intervals as might be necessary in accordance with accepted professional practice to enable such competent person to be satisfied that the design assumptions are valid, the design is being correctly interpreted and the work is being executed generally in accordance with the designs, appropriate construction techniques and good practice but shall exclude detailed supervision and day-to-day inspection;

[Definition added by regulation 16 of Notice No. R. 574 of 2008]

 

"inspection chamber"

means a chamber not deeper than 750 mm and of such dimension that access may be obtained to a drain without requiring a person to enter into such chamber;

 

"inspection eye"

means any access opening to the interior of any pipe or pipe fitting in a drainage installation provided solely for the purpose of inspection and testing, and to which permanent access after completion of the drainage installation need not be provided;

 

"load"

means the value of a force corresponding to an action;

[Definition substituted by regulation 17 of Notice No. R. 574 of 2008]

 

"manhole"

means a chamber of a depth greater than 750 mm and of such dimensions that allows entry of a person into such chamber for the purpose of providing access to a drain;

 

"minor building work"

as contemplated in section 13 of the Act means—

[Paragraph (a)(ix) substituted by regulation 18 of Notice No. R. 574 of 2008]

 

"natural ventilation"

means the movement of air through a building due to natural causes;

 

"non-combustible"

means classified as non-combustible when tested in accordance with code of practice SANS 10177-5;

[Definition amended by regulation 19 of Notice No. R. 574 of 2008]

 

"occupancy"

means the particular use or the type of use to which a building or portion thereof is normally put or intended to be put;

 

"orientation"

means the direction a building envelope element faces, i.e. the direction of a vector perpendicular to and pointing away from the surface outside of the element.

[Definition added by regulation 3 of Notice No. R. 711 of 2011]

 

"pail closet"

[Definition deleted by regulation 20 of Notice No. R. 574 of 2008]

 

"persons with disabilities"

means those persons who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers might hinder their full and effective participation in society on an equal basis with others;

[Definition added by regulation 21 of Notice No. R. 574 of 2008]

 

"pipe"

[Definition deleted by regulation 3(b) of Notice No. R. 432 of 1991]

 

"pit latrine"

[Definition deleted by regulation 22 of Notice No. R. 574 of 2008]

 

"pollution"

[Definition deleted by regulation 3(b) of Notice No. R. 432 of 1991]

 

"population"

means the population determined in accordance with regulation A21;

 

"prescriptive regulation"

means a regulation which describes in some detail an operation to be performed, or the dimensions of a building, building element or building component and the materials and method of construction to be used in such building, building element or building component;

[Definition added by regulation 23 of Notice No. R. 574 of 2008]

 

"public place"

means any square, park, recreation ground or open space which—

 

"rational assessment"

means assessment by a competent person of the adequacy of the performance of a solution in relation to requirements including, as necessary, a process of reasoning, calculation and consideration of accepted analytical principles, based on a combination of deductions from available information, research and data, appropriate testing and service experience;

[Definition added by regulation 24 of Notice No. R. 574 of 2008]

 

"rational design"

means any design by a competent person involving a process of reasoning and calculation and which may include a design based on a standard or other suitable document;

[Definition substituted by regulation 25 of Notice No. R. 574 of 2008]

 

"reference building"

means a hypothetical building that is used to determine the maximum allowable heating load for the proposed building.

[Definition added by regulation 3 of Notice No. R. 711 of 2011]

 

"rodding eye"

means an access opening in a drainage installation provided for the purposes of gaining full -bore access to the interior of a drain for internal cleaning, and which remains permanently accessible after completion of the installation, but does not include an inspection chamber or manhole;

 

"roof assembly"

[Definition deleted by regulation 26 of Notice No. R. 574 of 2008]

 

"sanitary fixture"

means a receptacle to which water is permanently supplied, and from which waste water or soil water is discharged;

[Regulation 27 of Notice No. R. 574 of 2008 deletes the definition of "sanitary group", which was not previously defined in these regulations.]

 

"septic tank"

means a tank designed to receive sewage and to retain it for such a time and in such a manner as to secure adequate decomposition;

 

"sewage"

means waste water, soil water, industrial effluent and other liquid waste, either separately or in combination, but does not include stormwater;

 

"sewer"

means a pipe or conduit which is the property of or is vested in the local authority and which is used or intended to be used for the conveyance of sewage;

 

"site"

means any erf, lot, plot, stand or other piece of land on which a building has been, is being or is to be erected;

 

"soil fixture"

means a sanitary fixture which receives and discharges soil water;

 

"soil pipe"

means a discharge pipe which conveys soil water;

 

"soil water"

means liquid containing excreta;

 

"sprinkler system"

means an approved system of piping and sprinkler heads connected to a water supply which when actuated by the effect of fire automatically releases water;

 

"stairway"

means any part of a building which provides a route of travel between different levels in such building and is formed by a single flight or by a combination of two or more flights and one or more intervening landings;

 

"storage tank"

means any tank, other than any tank used for storage of hot water or any cistern serving a toilet pan or a urinal, which forms part of a water installation and is used for the storage of water;

[Definition amended by regulation 28 of Notice No. R. 574 of 2008]

 

"storey"

means that part of a building which is situated between the top of any floor and the top of the floor next above it, or if there is no floor above it that portion between such floor and the ceiling above it (any open work floor, catwalk or gallery being taken to be part of the storey in which it is situated), and in relation to a building—

[Definition amended by regulation 29 of Notice No. R. 574 of 2008

 

"stormwater"

means water resulting from natural precipitation or accumulation and includes rainwater, surface water, subsoil water or spring water;

 

"stormwater drain"

means a pipe, conduit or surface channel situated on a site, which is used to convey stormwater to a suitable point of discharge;

 

"stormwater sewer"

means a pipe, conduit or channel, owned by or vested in the local authority, which is used for the conveyance of stormwater;

 

"street"

means any street, road, thoroughfare, lane, footpath, sidewalk, subway or bridge which—

 

"street boundary"

in relation to a site, means the boundary of such site which abuts any street;

[Definition deleted by regulation 30 of Notice No. R. 574 of 2008]

 

"structural"

means relating to or forming part of any structural system;

 

"structural system"

[Definition deleted by regulation 3(b) of Notice No. R. 432 of 1991]

 

"structural wall"

means a wall forming part of any structural system;

 

"suitable"

means capable of fulfilling or having fulfilled the intended function or fit for its intended purpose;

[Definition added by regulation 31 of Notice No. R. 574 of 2008]

 

"temporary building"

means any building that is so declared by the owner and that is being used or is to be used for a specified purpose for a specified limited period of time, but does not include a builder's shed;

 

"terminal water fitting"

[Definition deleted by regulation 3(b) of Notice No. R. 432 of 1991]

 

"the Act"

means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977);

 

"trained plumber"

means any person who in the trade of plumbing has, in terms of the Manpower Training Act, 1981 (Act No. 56 of 1981), passed a qualifying trade test or has been issued with a certificate of proficiency or has obtained a National Certificate in Construction Plumbing, National Qualification Framework level 3;

[Definition amended by regulation 32 of Notice No. R. 574 of 2008]

 

"trap"

means a pipe fitting or a part of a sanitary fixture which is designed to retain a water seal;

 

"vent"

[Definition deleted by regulation 3(b) of Notice No. R. 432 of 1991]

 

"ventilating pipe"

means a pipe which leads to the open air at its highest point and which provides ventilation throughout a drainage installation for the purpose of preventing the destruction of water seals, but does not include a discharge pipe;

 

"waste pipe"

means a discharge pipe which conveys waste water only;

 

"waste water"

means used water not contaminated by soil water or industrial effluent and shall not include stormwater;

 

"water fitting"

means any component, other than a pipe, of any water installation, through which water passes or in which it is stored;

 

"water installation"

means an installation used or intended to be used for the conveyance or storage of water in any building or on any site on which such building is situated and includes any pipe or any water fitting other than any water meter vested in the local authority;

 

"water seal"

means the water in a trap which acts as a barrier against the flow of any foul air or gas;

 

"water supply system"

means any system of structures, aqueducts, pipes, valves, pumps, meters or other appurtenances relating thereto which are vested in the local authority and are used or intended to be used by it in connection with the supply of water;

 

"wind load"

means the force exerted by the action of wind.