1 The development of Technical Regulations : The NRCS approach presented by : E Monyanga

Points of discussion Background RR & D SA Technical infrastructure entities NRCS’s regulatory approach NRCS mandate The NRCS’s value chain Technical regulations(TRs/ VCs) The status of technical TRs for building materials in the NRCS. How TRs can support NBR How TRs are developed The role of stakeholders in the VC development process

Regulatory Research and Development ( RR & D) We conduct regulatory research: Government policies, priorities and possible effects on NRCS’s mandate. Identify new areas of regulatory interventions e.g new areas of government policy focus e.g. energy efficiency. Risk- and impact assessments to assess the feasibility of the proposed technical regulations ( TRs) or Compulsory specifications ( VCs). Optimise or improve the regulatory effort: Benchmarking of the NRCS regulatory activities against those of other regulators New technology or standards

RR & D Facilitate : Development of new Compulsory Specifications( VCs) and Technical regulations (TRs) Amendment of existing VCs and TRs. Repeal of obsolete VC’s.

THE SOUTH AFRICAN TECHNICAL INFRASTUCTURE Regulators and the Judiciary

6 LEGISLATIVE STRUCTURE Ministry: The Department of Trade and Industry Institution : NRCS Primary Legislation : The NRCS ACT,5 of 2008 Secondary Laws: Compulsory Specifications. Develop, maintain and administer VCs. Parliament Market

THE NRCS MANDATE Established through the National Regulator for Compulsory Specifications Act in 2008 (Act 5 of 2008). Previously, was the Regulatory Division of the South African Bureau of Standards ( SABS). Develop, maintain and administer technical regulations including COMPULSORY SPECIFICATIONS (VCs) to:  Protect public health and safety,  Protect the environment ( sustainability)  Ensure that national and international trade is fair and based on reliable measurements of quantity( Mass, Volume, Length and Area).  Administer National Building Regulations under the NBR Act, 1977.

Compulsory Specifications mandate “ Compulsory specifications” 13. (1) 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— (a)declare a SANS or a provision of a SANS to be a compulsory specification — (i)by referring to the title and the number of that standard only, without indicating the year or edition number, and if that SANS is amended, the amended SANS is deemed to have been incorporated; or (ii) by referring to the title, number and year or edition number of that SANS; (b) declare an amended SANS or an amended provision of a SANS to be a compulsory specification if the original declaration was made in terms of subsection (1)(a)(ii); (c) declare or amend a compulsory specification if a SANS or a provision of a SANS is not available in terms of paragraphs (a) and (b); or (d) withdraw a compulsory specification.

Technical regulations Document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product, process or production method. (WTO TBT Agreement)

The technical regulations value chain Request for regulation Conformity assessment Development of TR Pre- market approval Inspection Sampling Testing Sanction Enforcement of regulations In-house Technical Specialist. Industry Participation. Use of SANS if available Admin Process. LOA & Sales Permit. Proof of Compliance Approvals Inspectors. Automotive Chemicals, Mechanical & Materials Legal Metrology Foods Random On request Accredited testing facilities RequirementsNon-compliance

General focus of technical regulations Mandate of the NRCS as described in the NRCS Act : Protect public health and safety and the environment Use SANS for technical requirements SA’s obligations under the World Trade Organization (WTO) Agreement on Technical Barriers to Trade (TBT): Prohibits use of non-tariff barriers i.e. standards and technical regulations. Transparency – notification and disclosure, appeals Use of internationally accepted standards Mutual recognition of conformity assessment service providers – accreditation. Good regulatory practices ( GRP)

GRP - National Technical Regulatory Framework (NTRF) Core principles for the NRTF include: Transparency; The use of the least trade restrictive measures; Internationally harmonised measures; Necessity; Proportionality; and Non- discrimination.

How Technical Regulations can support National Building Regulations  Prescribe required performance for building materials: Ongoing control over materials used in construction. Enforce reliability and consistency. Eliminate/ prevent entry in to the market of unsafe or hazardous materials. Promote Sustainability- energy efficiency and environmentally sound sources of building materials. The economic impact of poor quality materials. \

The Building and Construction Materials Sector, Challenges and Opportunities (CIDB, 2007) Building and construction R158,6b Building R102,6b Construction R56,0b Materials R95,1b Labour R63,4b Economic impact

REGULATION OF BUILDING MATERIALS: CURRENT CHALLENGES (CIDB, 2007) Non-compliance of materials and building products with South African National Standards. Lack of capacity amongst building inspectors to evaluate compliance requirements, even though standards are prescribed in SANS Effect on the end product – buildings and infrastructure : poor quality and hazardous conditions. NRCS - to grow regulatory foot print in this area.

List of products with prescribes South African National Standards (SANS) in the National Building Standards- SANS SANS PARTS PRODUCTS PRESCRIBED SANS in SANS VC IN PLACE OR DEVELOPMENT Part D: Public safety Steel fence or gateSANS 1390 Pool covers and warning devices, for the protection of children from the hazards of swimming pools. SANS Part J: FloorsJoist hangers SANS 1460 or SANS , Flooring boardsSANS 629 Particle boards SANS 50312/ SANS 1931 Composite and plywood boards SANS 929. Polyolefin underfloor membranes ( DPC) Thickness of not less than 250 μm ( SANS 952-1) Feasibility to regulate in process- Request registered. Part L: RoofsTilesSANS 542 Sheeted roofsASTM E 1646 ThatchingSANS Softwood timber used within the municipal boundaries (coastal areas) SANS 1288 Treated - SANS VC 9091-The compulsory specification for preservative treatment of timber. Brandering SANS or SANS Poles SANS (softwoods) or SANS 457-3(hardwoods) Treated - SANS VC The compulsory specification for preservative treatment of timber. LathsSANS 1288 Glazing materialsSANS parts 1 to 5 of

Part N: Glazing Safety glazing materialsSANS VC 9003-The compulsory specification for safety glazing materials for buildings Glazing material in balustrades The impact and line loads determined in accordance with the requirements of SANS Part P: Drainage Electrical sanitary fixtures SANS The Compulsory specification for electrical and electronic apparatus Toilet pansSANS 497 Connectors for toilet pansSANS 4633 Prefabricated septic tanksSANS Trap(integral with a sanitary fixture) SANS and SANS Part T: Fire protection Ceiling SANS SANS 428 Hose reelSANS 543 HydrantSANS Non-combustibility of building materials SANS Portable fire extinguishers SANS and SANS Transportable, rechargeable fire extinguishersSANS Smoke alarmSANS , Solar water heating systemsSANS 1307, SANS 10106, SANS and SANS VC The Compulsory specification for solar water heating systems. VC Hot water storage tanks.

Other SANS SANS 204: Energy efficiency in buildings Thermal insulation material SANS SANS 428 Solar water heating systemsSANS 1307 and SANS See Part - T

How?

Problem definition: Evaluate baseline Determine feasibility Risk assessment: Identify, evaluate and rate the inherent risks Determine regulatory objectives: Scope Product characteristics Conformity assessment Administrative requirements Impact Assessment: Evaluate regulatory options Impact on interested and/or affected parties Cost-benefit analysis

CSP 350: Development and approval of technical regulations Request to NRCS CEO/RR&D Manager  Feasibility of request by PAC – YES/NO  Appoint project Manager from RR&D department  Project proposal to PAC  Technical stakeholder working group meeting  Risk Assessment (Report to PAC) – YES/NO  Technical stakeholder working group meeting  Draft technical regulation  Regulatory Impact Assessment (Report to PAC) – YES/NO  Full stakeholders’ meeting 

CSP 350: Development and approval of technical regulations  Draft second version of technical regulation & circulate  Finalize technical regulation (to PAC for signing off)  Submit to NRCS EXCO for review and approval  To dti for Ministers’ approval  First gazetting for comments (60 days)  Comments review meeting  To dti for final gazetting!