PRESIDENT’S MESSAGE - SEPTEMBER 2011
Dear Members
Amendments to the National Building Regulations (NBR) and the Built Environment Professional
Regulators Comment
Energy usage in buildings now takes centre stage, as new regulations on energy-efficiency will be included in the National Building Regulations and Building Standards Act. The regulations will create opportunities for South Africa to reduce the energy usage of the buildings. Energy-efficiency in buildings can easily be achieved by introducing sensible and practical measures that save energy when new buildings are both designed and built.
It is the responsibility of the National Regulator for Compulsory Specifications (NRCS), a new public entity responsible for the administration of technical regulations, to make sure that the building industry is on track when it comes to energy-efficiency.
This regulating body reports to the Minister of Trade and Industry and is behind the administration of the National Building Regulations and Building Standards Act. The NRCS has the designated responsibility for the upkeep and maintenance of the National Building Regulations and has been instrumental in developing Regulation X as well as Regulation XA.
Dr Rob Davies, Minister of Trade and Industry promulgated these regulations in the government gazette of 9 September 2011 after which the regulations now become mandated legislation. The requirements set within will have to be satisfied before a building plan application can be approved. This legislation will become effective 10 November 2011.
The regulations cannot stand alone and hence the SABS and their Technical Committee has developed South African National Standards (SANS) to provide solutions to the legislation. These standards provide one solution that will satisfy the requirements of the law.
President’s Comment
With the publication of the new SANS 10400 series amendments to the National Building Regulations (NBR) and specifically the publication of Regulation XA (Requirements for Energy Usage in Buildings), Local Authorities, Built Environment professionals, property owners, contractors and related suppliers to the construction industry are now having to face reconsidering the manner in which they have conducted their business in the past.
To quote extracts from a recent letter written to an Architectural Professional by the National Regulator for Compulsory Specifications (NRCS)
“The Local Authority is but only, the implementation arm of the industry, and that it in fact the industry who requires such control to be affected. Gone are the days that saw people submitting drawings to the Local Authority without the intention of satisfying minimum requirements as set by the National Building Regulations. The professional who contract with the building public are certifying that they have applied their minds in terms of the various sections of the law and hence state that the design conforms and satisfies the regulations.”
and
“The legislative requirement is because the collated building industry and the government expects you to provide such service as well as to undertake to adhere to the law of this land.
Hope this is will somewhat clarify the fact that; you will have to submit proper submissions, if you would like to receive approvals from the Building Control Officers from the local Authorities.”
As can be seen from the above, the Regulator is determined to ensure that his regulations are adhered to in this country. When one considers that there are some 30 billion rands worth of illegal buildings being constructed in South Africa every year, and adding to that some 70 deaths in fires in the last year (mostly elderly people in retirement homes and children in homes), this type of statistic cannot be permitted to continue.
With the amendments to the National Building Regulations building owners, professionals who prepare technical documentation and contractors will be held accountable for what is designed, approved and constructed nationally. The required submission documentation in the new Forms will ensure that the professionals understand and have indeed the required skill and knowledge to produce the technical documentation required and will have to declare that what has been constructed, complies with what has been approved by the Local Authority.
Any deviation from the approval and wilful disobedience in satisfying the Regulations will be seen as a contravention of the Act and will be treated appropriately. The enforcement section of the Act will be reviewed.
We, the South African Institute of Architectural Technologists, have been funded by the Swiss Government and mandated by the Regulator to oversee the required training. As from next year Building Control will be trained on a national level to ensure compliance. The relevant actions have been taken to make Building Control aware of their legislative responsibilities.
The most significant requirement that will be implemented is the new Regulation XA (Requirements for Energy Usage in Buildings), published on the 9th of September 2011 and effective from the 10th of November 2011.
This technical regulation and the preparation of the documentation will require the professional undertaking the work to be technically proficient, not only to follow the deemed-to-satisfy requirements, but rational designs will also require a high level of proficiency. The professional will have to understand and have the skill to do the required calculations floors, roofs, fenestration (glazed openings), lighting and hot water supplies and these will require drawings under the Section A7 of Part A to be prepared and submitted. There will be additional competencies that will be required to understand and satisfy other standards. The following communique covers this:
TECHNICAL COMMUNIQUE
IMPORTANT STANDARDS (SANS 204 AND SANS 10400-XA) FOR ENERGY USAGE IN BUILDINGS PUBLISHED
A new standard which will be used to regulate the energy usage in new buildings has recently been published, along with the revised SANS 204. SANS 10400-XA, Energy Usage specifies the requirements for compliance with Part-XA (Energy Usage) of the National Building Regulations. This standard will now make it possible for South Africa to begin realising meaningful savings of energy, by lessening the amount used by buildings.
For example, if thermal ceiling insulation and high-performance window systems were introduced today into all new residential and commercial buildings, an estimated 3500 MW in electricity could be saved by 2020. This is almost twice the electricity currently produced by our only nuclear power plant, Koeberg (1800 MW).
“Most of SANS 204-1:2008 has been taken up into SANS 10400-XA, and SANS 204-2:2008 and SANS 204-3:2008 has been revised and combined into a single standard, SANS 204. While the revised SANS 204 is not directly referred to in the National Building Regulations, it can be used to achieve a higher standard of energy efficiency than set out in SANS 10400-XA . In brief, the revised SANS 204 provides guidelines to achieve international best practice applicable to South Africa”, commented Lisa Reynolds, Chair of the Working Group responsible for revising SANS 204 and SANS 10400-XA.
Solly Peter, Departmental Manager of SABS Standards Construction Standards commented further on SANS 10 4000-XA and its relationship to SANS 204 as follows:
“In fact, SANS 10400-XA is basically SANS 204-1:2008, and in addition contains all the deemed-to-satisfy rules for compliance with Part XA of the National Building Regulations.
Changes have been made to what was SANS 204-1:2008, to enable it to fit in with the National Building Regulations and the other SANS 10400 standards.
“However, while SANS 10400-XA will contain the deemed-to-satisfy rules (see also “Additional background information” for a more detailed explanation of this) once the necessary building regulations have completed the process of being promulgated, the revised SANS 204 – which contains what was SANS 204-2 and SANS 204-3 – will not be called up by the National Building Regulations. SANS 204 will be a voluntary standard with levels higher than those in SANS 10400-XA.
“The main advantage of using SANS 10400-XA is that all using it can be sure that they will meet the energy efficiency requirements required by law – as set out in the National Building Regulations.
“Constructing energy inefficient buildings will soon become a thing of the past. The levels in SANS 10400-XA will slowly be raised over a period of several years.
“Walling has lower requirements than those in SANS 204. These will also be increased over several years. The correct level of insulation in the ceiling will have to be installed in order to achieve the deemed R-value stipulated in SANS 10400-XA.
”The resulting savings in energy will more than repay any extra costs that may be involved in building to achieve better energy efficiency”, Peter concluded.
Users of SANS 10400-XA will find numerous definitions and references to items associated with energy efficiency (such as Energy usage and building envelope, R-values, Design assumptions, Requirements for floors, walls, fenestration, roofs and ceilings, and a diagram showing the six climatic zones identified for South Africa),
The requirements for the use of solar water heating systems (as set out in the regulations and duplicated in SANS 10400-XA) are interesting, as several alternatives are given. As the standard says, “A minimum of 50% by volume of the annual average hot water heating requirement shall be provided by means other than electrical resistance heating, including, but not limited to solar heating, heat pumps, heat recovery from other systems or processes”.
Besides the publication of SANS 204 and SANS 10400-XA, good progress has also been made with the revision of other SANS 10400 standards. To date, 16 parts of SANS 10400 ( Parts A, C, D, F, G, J, K, M, N, O, P, Q, S, T, V, W) and six parts of the standards relating to construction works , SANS 2001( DP2, DP3, DP4, DP5, DP6, CM2) have been published.
In addition owners or any building practitioner, who cannot meet these requirements due to the fact that they are already busy with the development of the submission, can apply to the local Authorities building Control Officer for exemption from such legislation. The following from Part A applies:
(6) (a) Where design work for the proposed erection of any building was commenced before the date of coming into effect of any amendment to these Regulations or within 6 months of the publication of an edition of any part of SANS 10400 or a by-law and an application in respect of such erection has not been made prior to such date, the owner of the building, or a person authorized by the owner, may notify the local authority that such design work was so commenced and has so progressed.
(b) Subject to the provisions of this subregulation, an application in respect of an erection which has been the subject of a notification contemplated in paragraph (a) shall if so requested by the owner be dealt with by the local authority in accordance with the provisions of the building regulations, by-laws or edition of SANS 10400 in force immediately before such date.
(c) Any notification contemplated in paragraph (a) shall –
(i) be submitted by registered post within 6 months of the coming into effect of any new regulation, by-law or publication of a new edition of any part of SANS 10400;
and
(ii) contain the name and address of the owner, the address of the site of the building concerned, the date of commencement of such design work and a description of the proposed erection and its intended use.
(d) The local authority shall, in writing, inform the owner concerned of acceptance of such notification.
(e) The provisions of paragraph (b) shall not apply in respect of any application which is made to the local authority more than 12 months after the date that the local authority informs the owner that it is so satisfied: Provided that the local authority may extend such period if it thinks it reasonable or necessary.
(f) Any person who gives false or misleading information in a notification in terms of this subregulation shall be guilty of an offence and such notification is null and void.
We at the SAIAT have been running Energy Efficiency workshops across the country for the past 29 months in order to prepare the professionals responsible for preparing the required documentation. Sadly many have not attended these workshops and they may not be considered competent to do a rational design and may have to consult a “deemed-to-be-competent person” to do the energy design for them. A list of professionals who did attend these workshops and be regarded as competent persons will be published shortly on the SAIAT website.
In addition we have been running workshops on the significant parts of the NBR, namely Part A: General Principles and Requirements, Part T: Fire Prevention, Part S: Facilities for Disabled Persons, Part O: Lighting and Ventilation, Part L: Roofs and Part N: Glazing.
Part S: Facilities for disabled persons, has far reaching implications that will not only affect Institutional and Public Buildings but now has an impact on Hospitality buildings including Guest Houses and Bed and Breakfasts. “Grannies Flat” is now also required to comply with this regulation. Be warned the disabled organisations will stand over and monitor this application.
In summary owners of buildings are now going to be held more accountable for what is constructed on their properties and design professionals are going to be held accountable for satisfying the functional regulations. Contractors and owners will not be able to change approved drawings without the design professional amending their documentation or confirming that they still comply with the functional regulations.
“As Built” drawings for already constructed buildings that have not had approval from the Local Authority do not exist. These are illegal buildings and as such will require an application to and approval from the Local Authority. The regulations require that these illegal buildings comply with the regulations in force and will have to be submitted in line with the amended Part A and the relevant Forms contained in this part, and may require a rational assessment by a competent person for the existing structure. In addition if an application for these illegal buildings is submitted after the effective date, it will have to comply with Regulation XA. Be warned.
With regards to compliance by the Architectural Professionals kindly note that you have certain responsibilities to comply with your SACAP Code of Professional Conduct and we specifically quote:
Technical competence and professional work
2.2 a registered person shall only undertake work for which he/she is technically competent, qualified and trained, and for which he/she is able to provide adequate professional, financial and technical resources.
2.3 a registered person shall regularly engage in CPD activities in order to ensure that he/she keeps up to date with the latest technology, legislation, standards and trends to maintain
professional competence
With the pending introduction of the Identification of Work, professionals must familiarie themselves with what work they can undertake as the Building Control Officers will be made aware of the Schedule. Professionals will not be able to submit applications for approval unless they have complied with the demarcation of work within that Schedule.
Peter Brown
President