What the law says about taps , mixers , and fittings
By Rory Macnamara
TECHNICAL
Every standard created by SABS is voluntary . So , what is a compulsory standard ?
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Simple , a standard that is brought into law by an Act of Parliament . Such a standard is not someone ’ s willy nilly idea , but a carefully considered act that is there to protect the people of South Africa . Those choosing to ignore or deliberately defy such standards are being irresponsible and breaking the law . This applies to everyone in the plumbing supply chain .
The National Regulator for Compulsory Specifications ( NRCS ) is the enforcer of such standards under Act No 5 of 2008 .
The object of the National Regulator is : 5 ( 1 ) a . To make recommendations to the Minister with regard to compulsory specifications ; b . Administer and maintain compulsory specifications ; c . Carry out market surveillance through inspection in order to monitor compliance with compulsory specifications ; and d . Enforce compliance with compulsory specifications .
( 2 ) in order to achieve its objects , the National Regulator maya . acquire and maintain the equipment required for market surveillance inspection purposes , b . inform the South African commerce , industry , and public about compulsory specifications , c . establish and maintain the necessary expertise on an internationally acceptable level , d . obtain membership of , participate in , or develop relationships with foreign or international bodies having any objects similar to those of the National Regulator , e . perform , in so far as it is not contrary to or inconsistent with any Act , such functions as the Minister may assign the National Regulator , f . issue a letter of authority certificate ( LOA ) which permits commodities or products to be sold or services to be supplied , g . obtain the cooperation of government departments , local authorities , or other public bodies , and enter into agreements with them , h . enter into agreements with conformity assessment services providers to inspect , examine , test , or analyse samples on behalf of the National Regulator , and i . establish specialist consultative committees to provide input into the process to interpret and implement compulsory specifications .
Under the heading of Compulsory Specifications section 13 : The Minister may , on the recommendation of the Board , in respect of any commodity , product or service which may affect public safety , health or the environment , by notice in the Gazette :
Declare a SANS or a provision of a SANS to be a compulsory specification ( by different descriptions i . e . title , number of SANS standard , with or without year or edition number or indicating title , number and year or edition number of the SANS Standard .
This section continues to clarify how the standard must be published advising its status as a compulsory standard and ( 5 ) ( c ) critically requires importers and manufacturers be in possession of a Letter of Authority ( LOA ) certificate issued by the National Regulator in terms of section ( 5 ) ( 2 )( f ).
Section 14 , “ Effect of declaration as compulsory specification .”
1 . No person may import , sell , or supply a commodity , product , or service to which a compulsory specification applies , except in accordance with that specification ;
2 . No person may import , sell , or supply a commodity , product , or service to which a compulsory specification applies , unless – a . The commodity , product or service complies with , or has been manufactured in accordance with the compulsory specification , or both ; and b . If applicable , the distinctive mark referred to in section 13 ( 6 ) ( a ) ( DR , CR , and suchlike ) has been applied to the commodity , product or service in the prescribed manner and the commodity , product or service has been marked in accordance with any requirements in terms of section 13 ( 6 )( b ) The section continues with the requirement of what the National Regulator may or may not do in terms of samples , tests and so on .
Editor ’ s summary The point here is that we have something like 31 illegal taps and mixers in this country – this at a quick count – and excuses such as “ our mixers carry the mark of another country and is better than SABS ” is how badly enforcement has failed . The behaviour of such importers is knowingly breaking the law as well as being unconscionable .
This is South Africa , and we have our own laws / standards , and if you want to do business in this country , you follow our laws .
But not doing so , you all fall foul of The Consumer Protection Act and can be jointly and severally sued . Apparently , it is a moot point between NRCS , Building Control and the industry that the standards SANS 10252 1 & 2 was created by the Department of Water and Sanitation and it is up to them to enforce the law . So , whilst this silly argument goes on in the ‘ upper house ’ the consumer is caught out every time .
It is for this reason that Plumbing Africa has consistently refused advertisements and editorial from non-compliant suppliers for decades . Therefore , IOPSA spends a great deal of time talking about compulsory standards and yet TVET Colleges do not even mention standards , never mind compulsory standards in their courses ! I suspect that some private colleges do not as well . PIRB has extensive courses / webinars discussing and explaining many aspects of plumbing including standards .
The bold type extracted from the Gazette is the journals to make the point so no one can claim , “ they did not know !” PA
May 2021 Volume 27 I Number 3 www . plumbingafrica . co . za