| (1) |
Where in terms of these regulations and in respect of the erection of any building: |
| (a) |
a rational design or rational assessment, is required in terms of : |
| (i) |
Regulations Z4(1)(b)(ii), A(1)(3), A23(4), G1(3), O4, P2(2), Q(3), R(3), T1(2), W4 or XA3(b) in respect of a system, measure, facility, parameter, or installation, as relevant, or |
[Regulation A19(1)(a)(i) amended by regulation 2 of Notice No. R. 711 of 2011]
| (ii) |
a part of SANS 10400; or |
| (b) |
a geotechnical investigation is required in terms of Regulation F3 |
the owner of the building shall subject to the provisions of subregulations (4) and (5) appoint and retain one or more approved competent persons to undertake responsibility for the work associated with such regulations including any inspections and certifications that may be required.
| (2) |
Where it is not possible for such person to fulfil his or her duties as contemplated in subregulation (1), the owner of such building shall appoint and retain another approved competent person to take over and fulfil such duties and responsibilities both in respect of the work already designed or erected or installed and in respect of the balance of such work still to be undertaken to complete the project. |
| (3) |
The local authority may exempt from the requirements of this regulation any building classified in these regulations as minor building work or foundations to an addition or extension to a single storey building where the applicant has satisfied himself that the existing foundations are in accordance with the rules contained in SANS 10400-H and any local damage (including cracking) and deformation in the existing building are within tolerable limits. |
| (4) |
The owner of any building who is required by these regulations to appoint an approved competent person shall state in the terms of the appointment for the competent person that such person undertake all duties and responsibilities required by these regulations. Such persons shall declare his or her acceptance of such responsibilities in the relevant portion of Form 2 contained in SANS 10400-A. |
| (5) |
Notwithstanding the provisions of subregulation (1) or (2), a person may be appointed to undertake the relevant responsibilities and duties in respect of more than one of the systems, measures, facilities, parameters or installations provided for in subregulation (1) if the local authority accepts in terms of these regulations that he or she is competent to do so. |
| (a) |
Where any building to be extended, the local authority may on receipt of the application for such extension and before granting approval require that the approved competent persons who have accepted responsibility for such work to timeously prepare and submit rational assessments as to the adequacy of the existing systems and installations in combination with the contemplated extensions to comply with the relevant requirements of these regulations for the whole building including the extensions. |
| (b) |
If the local authority is satisfied that any such rational assessment meets the requirement of these regulations and in particular of subregulation 6(a) it shall accept such assessment which shall be deemed to be part of the application submitted. |
| (c) |
If the local authority is not so satisfied it may after first consulting with the competent person who has submitted such assessment and subject to appeal to the Review Board decline to accept the assessment for reasons which it shall furnish in writing to such competent person and require him or her to submit a revised assessment to the satisfaction of the local authority. |
| (7) |
Where in a building any element of the structural, fire protection, artificial ventilation, stormwater disposal or non-water borne sanitary disposal, fire installation or drainage installation system as provided for in subregulation (1) is or is required to be the subject of a rational design or rational assessment, the person appointed as an approved competent person shall assume responsibility for satisfying the functional regulation relating to that particular system in its entirety. |
| (a) |
Where an approved competent person is required in terms of subregulation (7) to assume responsibility for the system in its entirety and where parts of the system are to be undertaken by other competent persons, the approved competent person shall assume overall responsibility for the design of such system and shall ensure that: |
| (i) |
the component designs are generally in accordance with the approved application and in accordance with the requirements of these regulations. |
| (ii) |
the component designs will achieve the necessary co-ordination and interaction of the different elements so as to achieve the objectives of the systems. |
| (iii) |
in the case of the structural system, the interaction of the various component elements will be such that the structural adequacy of all the parts of the building and the overall stability of the building is assured |
but in all cases excluding responsibility for the detailed design of elements carried out by the other competent persons, provided that such exclusion shall not preclude the approved competent person from taking any action which he or she considers necessary in terms of subregulation (8)(b).
| (i) |
For the purpose of satisfying him or herself of the adequacy of any design or designs contemplated in subregulation (8)(a) and of their compatibility with any system, measure or installation in its entirety, the approved competent person may at any time after his or her appointment, require the designer or designers of the different elements of the system referred to in subregulation (8)(a) to complete Form 3 contained in SANS 10400-A as he or she may deem necessary, and return it timeously, or in any event before building construction or installation proceeds. Each such designer shall, when called upon so to do, provide the information and documents concerned in respect of the work he or she has designed. |
| (ii) |
The person appointed as approved competent person may further require, after consultation with the designer concerned, modifications to the relevant designs, plans and specifications, if in his or her opinion they do not comply with the provisions of these regulations. |
| (iii) |
Copies of designs, plans and specifications accepted by the approved competent person shall be submitted if so required to the local authority countersigned by the approved competent person. |
| (iv) |
Each designer of a part of a system shall on completion of the erection or installation thereof, if called upon to do so by the approved competent person, complete and submit the section of Form 3 relating to inspection contained in SANS 10400-A. |
| (c) |
The provisions of subregulation (8)(a) and (b) for designs shall also apply in the case of any applicable rational assessments. |
| (a) |
Any person appointed by the owner in terms of subregulations (1) or (2), shall apply to the local authority for acceptance as an approved competent person and shall: |
| (i) |
make application, and |
| (ii) |
declare his or her competence to undertake the relevant duties in the manner prescribed in the Regulations |
on Form 2 contained in SANS 10400-A and shall complete all applicable sections of such form.
| (b) |
The owner shall also complete the applicable section of Form 2 contained in SANS 10400-A. |
| (c) |
The local authority may, subject to appeal to the Review Board, decline to accept the appointment of any person who: |
| (i) |
in completing any portion of Form 2 provides incorrect or incomplete information which in the opinion of the local authority is material to the determination of such applicant's competence; |
| (ii) |
is not an employee of the owner of the building and is not in possession of professional indemnity insurance cover; |
| (iii) |
is not professionally registered in terms of the Engineering Professions Act, 2000 (Act No. 46 of 2000), the Architectural Professions Act (Act No. 44 of 2000) or the National Scientific Professions Act, 2003 (Act No. 27 of 2003); |
| (iv) |
is in the opinion of the local authority inadequately qualified or has insufficient experience or contextual knowledge to make the determinations that are required in terms of these regulations, provided however that any person that satisfies the relevant definition for a competent person provided in a part of SANS 10400 in relation to the duties contemplated in this subregulation, is deemed to satisfy this subregulation; and |
| (v) |
is under investigation by a disciplinary tribunal of the Engineering Council of South Africa, the South African Council for the Architectural Profession or the South African Council for Natural Scientific Professions and the chief executive officer of such a Council has expressed an opinion in writing that the applications made by such persons should not be approved in the public interest. |
| (a) |
Where in respect of any building the local authority, after consideration of: |
| (i) |
the details of registration in respect of category, date and discipline in which the applicant is registered, qualifications, experience, training and contextual knowledge provided in terms of this regulation by any person seeking acceptance of his or her appointment as a competent person, and |
| (ii) |
the declaration of competence provided by such person in terms of subregulation (9), |
considers that such person does not possess the degree of competence necessary to undertake the relevant duties, it may decline to accept the appointment of such person, who may appeal to the Review Board.
| (b) |
If the appeal is upheld, the local authority shall accept the appointment of the appellant as a person competent to undertake such duties or any part thereof in respect of such building as the Review Board may decide. |
| (11) |
Where the local authority is satisfied with an application in respect of the matters specified in subregulations (10)(a)(i) and (ii) it shall indicate acceptance of the application in the manner specified in Form 2 as contained in SANS 10400-A. |
| (a) |
On completion of the structural, fire protection or fire installation system for which an approved competent person has been appointed in terms of subregulations (1) or (2), such competent person shall complete and submit to the local authority a fully completed Form 4 as contained in SANS 10400-A in respect of each such system for which such person has accepted responsibility in terms of Section 14(2A) of the Act 103. |
| (b) |
The local authority may require from the owner that an approved competent person submit a copy of the certification of the specific work, other than the structural, fire protection or fire installation, for which he has been appointed on completion of the building. |
| (c) |
Where regulation XA is satisfied by a competent person in accordance with the requirements of SANS 10400 Part XA, the competent person who is responsible for such determination shall on completion of the construction and commissioning of the building submit to the local authority a fully completed Form 4 as contained in SANS 10400-A. |
[Regulation A19(12)(c) added by regulation 2 of Notice No. R. 711 of 2011]
| (13) |
Where any person provides any information or certificate required in terms of this regulation or which he or she knows to be incomplete or false, such person shall be guilty of an offence. |
[Regulation A19 substituted by regulation 70 of Notice No. R. 574 of 2008]
Stamp Duties Act, 1968 (Act 77 of 1968)
