Regulations and specifications must be complied with – what about ‘ Standards ’?
By Uwe Putlitz
BUSINESS AND TRAINING 15
The South African Concise Oxford Dictionary defines a ‘ standard ’ as ( an agreed ) level of quality or attainment , principles of conduct informed by notions of honour and decency or a code of behaviour , morals , scruples , ethics , and ideals .
In South Africa , the Bureau of Standards ( SABS ) is tasked by government with the drafting , publication , and enforcement of standards . Universally applicable standards are published by the International Standards Organisation ( ISO ) in Geneva , Switzerland , which represents 165 countries . In addition to guiding thousands of documents through drafting , review , voting and publication , the ISO also offers a range of services to raise public awareness of standards and standardisation , the teaching thereof and maintaining a database of materials related to standards , and provides a resource for standards-related research .
The SABS refers to “ a technical specification or other precise criteria designed to be used consistently as a rule , as a guideline or a definition . Standards make life simpler and increase the reliability and the effectiveness of many goods and services we use ,” and “ Standards are created by bringing together the experience and expertise of all interested parties such as the producers , sellers , buyers , users and regulators of a particular material , product , process or service ” that evolve to meet the demands of society and technology .
Standards inter alia seek to :
• Ensure consumers are protected from hazards to their health and safety .
• Ensure improved quality and reliability .
• Inspire added trust in a business .
• Are used to regulate and monitor industry to prevent adverse business practices .
• Create a competitive advantage by improving the quality of goods and services .
• Offer an alternative to regulation , with less red tape and business costs , while still ensuring that products and services are safe and not injurious to health .
Standards are designed for voluntary use and do not impose any regulations . However , laws and regulations may refer to certain standards and make compliance with them compulsory .
Standards are enforced by the National Regulator for Compulsory Specifications ( NRCS ) in relation to SANS 10400 : P . SANS 10252 and SANS 10254 are standards created by the Dept of Water & Sanitation ( DWS ) who technically should regulate these standards according to the NRCS .
The NRCS is an entity within the Department of Trade , Industry and Competition ( DTIC ) to administer compulsory 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 LAs 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 .
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 a large number of ‘ plumbing goods ’ such as Hot Water Storage Tanks ( geysers ), 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
July 2022 Volume 28 I Number 5 www . plumbingafrica . co . za