BUSINESS AND TRAINING 11 specifications and other technical regulations drafted to protect human health , safety and the environment to ensure fair trade in accordance with government policies and guidelines , including :
• The National Regulator for Compulsory Specifications Act ( Act no . 5 of 2008 ).
• The Legal Metrology Act ( Act no . 9 of 2014 ).
• The National Building Regulations ( NBR ) and Building Standards Act ( BSA ) ( Act no . 103 of 1977 ).
The strategic objectives of the NRCS are :
• To develop , maintain and administer compulsory specifications and technical regulations .
• To maximise compliance with all specifications and technical regulations .
• To inform and educate our stakeholders about the NRCS .
The Minister of the Department of Trade , Industry and Competition ( DTIC ) mandates Local Authorities ( LA ) to regulate the construction industry by appointing dedicated building control officers ( BCO ) in accordance with the NBR and the Building Standards Act 103 of 1977 ( BSA ).
The NBR and BSA are national regulations only superseded by the Constitution . The hierarchy of legislation is that an Act always trumps regulations and regulations always trump standards or any other document incorporated into the regulations by reference . Bylaws are created by Local Authorities to enable them to effectively administer their areas of jurisdiction . No ‘ lower legislation ’ can conflict or expand on ‘ higher legislation .’ Contracting in contravention of the National Laws automatically causes the contract to become mute and is illegal .
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Compliant and safe .
“ However , laws and regulations may refer to certain standards and make compliance with them compulsory .”
Standards may be voluntary or compulsory , if so indicated , and enforced by the Local Authority .
A further example . The National Regulator , on behalf of the Minister , must issue a Letter of Authority ( LoA ) ( published in the Government Gazette ) to permit the sale of imported products provided they comply with identified SABS or other standards – applicable to many ‘ plumbing goods ’ such as Hot Water Storage Tanks ( geysers ), taps , mixers , pipes , etc .
In South Africa , a considerable number of plumbing products are :
• non-compliant with regulations or quality standards ,
• otherwise of inferior quality ,
• potentially unsafe ,
• misrepresented ,
• not fit for purpose ,
• counterfeit ,
• offered at seductive prices , or
• dangerous .
The existence of the laws governing such products is not an assurance of regulatory compliance , safety , or fitness for purpose . Unfortunately , there are products that are not regulated ; thus , users rely on the ethical standards of suppliers . PA
April 2023 Volume 29 I Number 2 www . plumbingafrica . co . za