Long title
To amend the National Building Regulations and Building Standards Act,
1977, so as to delete a definition and to insert one; and to empower a
local authority to accept the appointment of certain persons registered
in terms of the Engineering Profession of South Africa Act, 1990, to
carry out certain work; and to provide for matters connected therewith.
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[Act 1995_049_000 Long title unamended wef 1995/10/04]
1. Amendment of section 1 of Act 103 of 1977, as amended by section 1
of Act 36 of 1984 and section 1 of Act 62 of 1989
Section 1 of the National Building Regulations and Building Standards
Act, 1977 (hereinafter referred to as the principal Act), is hereby
amended-
(a) by the deletion of the definition of "professional engineer"; and
(b) by the insertion after the definition of "owner", of the following
definition:
" [ 'registered person' means a person defined in section 1 of the
Engineering Profession of South Africa Act, 1990 (Act No. 114 of 1990),
as a certificated engineer, engineering technician, professional
engineer or professional technologist (engineering) ] ;".
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[Act 1995_049_001 unamended wef 1995/10/04]
2. Substitution of section 3 of Act 103 of 1977
The following section is hereby substituted for section 3 of the
principal Act:
"Duties of draftsmen of plans, specifications, documents and diagrams
3. Any person who prepared any plan, specification, document or diagram
submitted in terms of this Act shall affix his name and address and, in
the case of an architect, land surveyor or [ professional engineer
required under any law to be registered as such] [registered person, ] also his profession and registration number, if any, to such plan,
specification, document or diagram.".
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[Act 1995_049_002 unamended wef 1995/10/04]
3. Amendment of section 12 of Act 103 of 1977
Section 12 of the principal Act is hereby amended-
(a) by the substitution in subsection (3) for paragraphs (a) and (b) of
the following paragraphs, respectively:
"(a) If the condition of any building or the land on which a building
was or is being or is to be erected or any earthwork is such that [ ,
in the opinion of the local authority in question, ] it is dangerous or
is showing signs of becoming dangerous to life or property, [such] [
the ] local authority, irrespective of whether it was notified in
terms of subsection (2), may by notice in writing, served by post or
delivered, order the owner of such building, land or earthwork to
instruct at the cost of such owner an architect or a [ professional
engineer] [registered person] to investigate such condition and to
report to such local authority on the nature and extent of the steps to
be taken, in the opinion of such architect or [ professional engineer] [registered person, ] in order to render such building, land or
earthwork safe.
(b) The local authority in question may by notice in writing, served by
post or delivered, order that any activities be stopped or prohibit the
performance of any activities which [ in its opinion] may increase the
danger or hinder or obstruct the architect or [ professional engineer] [registered person] referred to in paragraph (a) from properly
carrying out the investigation referred to in that paragraph."; and
(b) by the addition of the following paragraphs:
" [ (c) If it is brought to the attention of a local authority or
appears that an architect or registered person instructed in terms of
paragraph (a) to perform certain duties is for any reason not competent
to carry out the duties in question, the local authority may require
such architect or registered person to submit evidence of his or her
competence to carry out such duties.
(d) If the architect or registered person contemplated in paragraph (c)
is unable to satisfy the local authority of his or her competence to
carry out the duties in question, the local authority may order the
owner of the building, land or earthwork in question to instruct
another architect or registered person to carry out the duties] .".
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[Act 1995_049_003 unamended wef 1995/10/04]
4. Amendment of section 14 of Act 103 of 1977, as amended by section 7
of Act 62 of 1989
Section 14 of the principal Act is hereby amended-
(a) by the substitution for subsection (2) of the following subsection:
"(2) Any person licensed or authorized by a local authority to carry
out the installation, alteration or repair of any electrical wiring
connected or of which connection is desired with the electrical supply
or distribution works of such local authority or any statutory body,
shall, at the request of the owner of a building of which the erection
has been completed or of any person having an interest therein [ or of
the local authority, ] issue a certificate if he is satisfied that the
electrical wiring and other electrical installations in such building
are in accordance with the provisions of all applicable laws;"; and
(b) by the substitution for subsection (2A) of the following
subsection:
" [ (2A) Upon completion of the erection or installation of-
(a) the structural system; or
(b) the fire protection system; or
(c) the fire installation system,
of any building the person appointed to design such system and to
inspect the erection or installation, shall submit a certificate to the
local authority indicating that such system has been designed and
erected or installed in accordance with the application in respect of
which approval was granted in terms of section 7 ] .".
(c) by the substitution for subsection (3) of the following subsection:
"(3) Any person who for the purposes of subsection (1)-
(a) submits a certificate contemplated in subsection (2) [ or (2A) ]
which is substantially false or incorrect, knowing the same to be false
or incorrect; or
(b) in a fraudulent manner issues or obtains a certificate contemplated
in subsection (2) [ or (2A) ] ,
shall be guilty of an offence.".
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[Act 1995_049_004 unamended wef 1995/10/04]
5. Short title
This Act shall be called the National Building Regulations and Building
Standards Amendment Act, 1995.
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[Act 1995_049_005 unamended wef 1995/10/04]
