DESIGN: DEAR MR PLUMBER
instructs the engineer what to do – otherwise he/she
won’t accept the design. The problem is, if the instruction
by this official fails, who is thereafter responsible for the
claims and costs considering the instruction was based
on their ‘local by-laws’?
The engineer cannot take responsibility for an instruction
of the official and his/her Professional Indemnity
insurance will not cover the costs of claims. The issue is,
‘what is the legal status of the local by-laws to instruct
a Pr. Eng. or registered architect on how to solve a
problem’?
For instance, the present situation whereby municipalities
fail to provide water to developments is causing serious
complications where the developer of new developments
is ‘forced’ by reference to local by-laws to provide
sufficient quantities of water storage facilities. People
with existing properties do not have to provide these
water facilities: it is only applicable to new developments
and refurbishments in existing towns.
Are we really going back to the past where every
municipality made their own rules and regulations
whereby we are working under orders of an official? It
seems that so many people still do not understand the
institutional hierarchy of the NBR Act, which is so easy to
understand, and which are as follows:
• The NBR Act.
• NBR Regulations: there are only a limited number
of Regulations for each part of the NBR. These
regulations are compulsory and the only part that is
compulsory. These regulations are in the Annexures.
• Deem-to-satisfy-rules: these rules are not
compulsory, unless the owner decides to follow the
deem-to-satisfy-rules through the designer.
• SABS standards: these standards are not compulsory
unless it has also been promulgated as regulation
such as SANS10400-XA. However, these standards
are compulsory for the ‘deem-to-satisfy-rule’ design
method.
The spirit of NBR was – and still must be – to promote cost
effective housing / buildings for all and to promote such
developments for economic development. New buildings and
new businesses are the basis of economic development and
job creation. The building regulations must support this and
not stifle development.
February 2020 Volume 25 I Number 12
23
However, there are designs put before the building control
officials which do not comply to the basic principles of
health and safety, economy and sound engineering and
which are not done by persons who are competent or
professionally registered in terms of the engineering codes
and the NBR Act.
Unfortunately, the correct definition of ‘competent person
was never addressed since the last major change ‘to the
NBR and it seems that it was deliberately ignored. The
present definition is ‘not competent’ and is consequently
abused by persons who are not competent whereby they
present themselves as competent.
Some BCOs allow persons with absolutely no qualifications
and no professional registration to sign for designs and
even rational designs and even to sign and submit Form 2
and on completion Form 4.
If this is deliberately allowed is it not a contravention of
the NBR Act?
The outstanding correct definition of a competent person
in terms of a fire engineer and even the other parts of
the NBR has become critically important and need urgent
attention. The issue of water supply and storage for
fire protection has become a serious issue and needs
urgent attention. It needs participation of the municipal
water engineers and talks at a high level, such as the
Department of Water Affairs.
Vollie Brink is one of the
industry’s longest-serving
wet services engineers.
He continues to serve on
SABS committees and
has been involved in the
Green Building Council’s
Green Star rating system.
Brink continues to consult
for various organisations
while enjoying a well-
earned retirement.
We have to solve these issues in a non-confrontational
manner to the benefit of all bodies involved and for the
best of the country and its people. PA
"The spirit of NBR was – and still must
be – to promote cost effective housing
/ buildings for all and to promote
such developments for economic
development."
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