mile/dev. man. partnership technical support programme
DESCRIPTION
Building Inspectorate To inspect and manage the erection of Buildings and Building Related Activities in terms of The National Building Regulations and The Building Standards Act No. 103 of 1977 as amended, by:- Conducting Inspections, Investigations, Issuing Contravention Notices, Ensuring: Compliance with applicable legislation is met; Provide educated, informed decisions; In order to provide hands on quality service to customers in a manner that regulates, promotes, guides sustainable development and enhances the quality of life.TRANSCRIPT
MILE/Dev. Man. Partnership Technical Support Programme
Matatiele Municipality Building Inspectorate 19 & 20 August
2015 Building Inspectorate
To inspect and manage the erection of Buildings and Building
Related Activities in terms of The National Building Regulations
and The Building Standards Act No. 103 of 1977 as amended, by:-
Conducting Inspections, Investigations, Issuing Contravention
Notices, Ensuring: Compliance with applicable legislation is met;
Provide educated, informed decisions; In order to provide hands on
quality service to customers in a manner that regulates, promotes,
guides sustainable development and enhances the quality of life.
National Building Regulations and Building Standards Act
To provide for the promotion of uniformity in the law relating to
the erection of buildings in the areas of jurisdiction of local
authorities; for the prescribing of building standards; and for
matters connected therewith. Definitions: Buildings: the
accommodation or convenience of human
includes- (a)any other structure, whether of a temporary or
permanent nature and irrespective of the materials used in the
erection thereof, erected or used for or in connection with- the
accommodation or convenience of human beings or animals; (ii) the
manufacture, processing, storage, display or sale of any goods;
(iii) the rendering of any service; . Definitions: Owner: in
relation to a building or land, means the person in whose name the
land on which such building was or is erected or such land, as the
case may be, is registered in the deeds office in question.
National Building Regulations
Section 4: No person shall without the prior approval in writing of
the local authority in question, erect any building in respect of
which plans and specifications are to be drawn and submitted in
terms of this Act. Constitution of the Republic of South Africa,
1996 - Chapter 2: Bill of Rights
22. Freedom of trade, occupation and profession: Every citizen has
the right to choose their trade, occupation or profession freely.
The practice of a trade, occupation or profession may be regulated
by law. ORGANOGRAMSBI ORGANOGRAMMBI ENERGY EFFICIENCY 2015 1. How
do we Monitor? Rule of Thumb: Deviations:
Approved Plans in terms of Section 4 is the key to compliance; No
approved plans simply means the issuing of a section 4 notice
followed by Enforcement and Prosecution; Deviations: as above. 2.
What do we Look for? Position and Orientation:
All buildings, will be required to be orientated facing north;
Changes on site must not be permitted without a deviation plan
being submitted and approved prior to recommencement. 2. What do we
Look for? Position and Orientation:
Position in relation to boundaries and other buildings affects the
amount of natural lighting into the building; Changes on site must
not be permitted without a deviation plan being submitted and
approved prior to recommencement. 2. What do we Look for? Position
and Orientation: 2. What do we Look for? Shading/Screening: Roof
pitch, roof overhangs,
verandahs, window head heights, ceiling heights. 2. What do we Look
for? Use of Materials: Walls; Windows/glazing;
Roof material; 2. What do we Look for? Thermal Insulation in the
roof space (example); Flexible Fibre glass blanket, 30cm end
overlap, Density: 10-18kg/m2, Thickness: 90mm. Alternate water
heating systems other than electrical resistance, i.e. Solar Water
Heaters with necessary certification; Pipe cladding on exposed hot
waterpipes. Alternate water heating systems other than electrical
resistance, i. e
Alternate water heating systems other than electrical resistance,
i.e. Solar Water Heaters with necessary certification Pipe Cladding
2. What do we Look for? Fenestration:
Position, type and dimensions of windows and doors elevationally
has been meticulously designed and calculated in order to achieve
compliance and functionality; and if fenestration calc > 15% the
western walls to be shaded by screens or verandas; the use of roof
overhangs promoted to provide protection from harsh sunlight and
heat gain in the summer and encouraging sun filled rooms during the
winter month; designed by an approved competent person by way of a
rational design (form 2 and 4). Changes on site must not be
permitted without a deviation plan being submitted and approved
prior to recommencement. An emphatic NO when it comes to Energy
Efficiency Requirements.
5. Can we be lenient? An emphatic NO when it comes to Energy
Efficiency Requirements. 6. What are the implications of
non-compliance for the owner?
Enforcement and Prosecution: Serving of summons (56) or (54) for
non-compliance; Adjudication in Magistrates court/High Court as
necessary. Remedial Work: - Unnecessary and expensive remedial work
or demolitions for the cost of the owner. 4. How do we adjudicate
alterations?
The regulation states that buildings and extensions to buildings in
respect to which plans and specifications are to be drawn and
submitted in terms of the act need to comply. For which buildings
are plans to be submitted for approval; Change of usage from H4 to
G1 or similar? 7. Where to from here? Energy Saving in buildings
off the grid percentile benefits, Skills Development and Knowledge
Management: Training Workshops; Master Classes; Awareness
Campaigns; Media Releases. Electronic work-flow processes:
Accountability; responsibility; enhancement; effective monitoring;
automated reminders; increased productivity. Questions and Answers
Dangerous Situation: INITIAL ASSESSMENT:
BI to investigate and assess situation; BI to advise all affected
parties of the dangerous situation and pending actions in order to
remove or minimize the danger; BI issues a site instruction to the
parties involved to cordon off/barricade the area; BI completes
standard notice i.t.o Section 12 (1); BIA opens the file, allocates
the reference number and capturesinformation on the database;
Section 12 notice to be served by registered post and in person
(hand delivered) by B.I., or potentially dangerous situation letter
to be issued; Copy of the notice must be served to the contractor
if the owner is not available (only if work carried out by the
contractor has a direct impact on the dangerous situation); Control
file to be opened by B.I. (photographs, copies of notices,
affidavits, site inspection reports etc to attached). Dangerous
Situation: MONITORING THE SITUATION:
BI to monitor and report continuously on the dangerous situation;
On expiry of Notice, the B.I. to inform PBI if Danger not removed;
PBI and RCBI to schedule appointment with owner on site in order to
compel him/her to remove danger, and to explain the severity of the
situation and the process this office will follow if he/shedoes not
comply; Failure by the owner to comply with the aforementioned, the
BI to complete Contraventions Register and forward expired notice
to Enforcement and Prosecution Branch for a section 56 to be
served; Running parallel with the aforementioned, the RCBI/PBI to
forward request to MBI in order to appoint an Approved Competent
Person to investigate and report on situation (option for site
visit by MBI for verification purposes as necessary); On receipt of
report from Approved Competent Person, MBI to make a decision in
terms of the Approved Competent Persons report/ recommendation; If
the report recommends demolition, the matter is taken to court to
obtain a demolition order and/or evacuation order; Dangerous
Situation: MONITORING THE SITUATION:
If the recommendation is for the removal of the danger, PBI to
ensure BI forwards recommendations as per Approved Competent
Persons report to owner specifying timeframes within which the
danger is to be removed, failing which danger will be removed costs
of which will be to his/her account; On expiry, and non-compliance,
MBI to liaise with Materials Management to advertise on the notice
boards for quotations to be submitted for services for the removal
of the danger in terms of the Approved Competent Persons report/
recommendation. REMOVAL OF DANGER. MBI to forward letter to owner
confirming removal of dangerous situation; The appointed contractor
removes the danger under the supervision of the appointed Approved
Competent Person; The BI monitors the removal of danger at regular
intervals in order to confirm compliance with the Approved
Competent Persons report/ recommendation; Approved Competent
Persons certificate of stability is to be submitted on completion
of the works by the appointed Approved Competent Person to the PBI;
Invoice is submitted to the AO for processing of payment
andcapturing on JDE for payments to the Approved Competent Person
and/or the service provider, followed by documents being forwarded
to Materials Management for the recovery of costs. Typical
Checklists TURN AROUND TIMES FOR APPLICATIONS
Developers/ownersrequests for inspections: Building Inspectors will
endeavour to carry out inspections within 48 HOURS from date of
request Hoarding Permits: Applications for Hoarding Permits will be
processed within 48 HOURS from date of application. Demolition
Permits: Applications for Demolition Permits will be processed
within 30 days from date of Beneficial Occupation
Permits/Certificates of Occupancy: Applications for Beneficial
Occupation Permits/Certificates of Occupancy will be processed
within 14 days from date of application. Achieved 99,65% TURNAROUND
TIMES END 1/2 DOCUMENTATION INDEX Business Processes Pre-Approval
Inspection;
Inspection/Occupancy(Sub Process Extension of Time &
Withdrawal); Contraventions; UnauthorizedBuilding Work (no plans) -
(Contravention not stemming from Occ. Process); Complaints;
Hoarding Permit; Demolition Permits; Dangerous Situations;
Dilapidated Buildings and Damaged Buildings; Expired Refused
(Built/not-built); Appeals Business Processes Business Licensing;
Child Care Facilities; Taverns;
Valuations incl. Rate Code Change; Sub division Applications;
Statistics; Thatch Roof Procedure; Registry Procedure;
Correspondence Procedure. UNAUTHORIZED BUILDING WORKS:
BI identifies unauthorised and illegal building works through
either routine inspections or via complaints database. In case
where a complaint has been sourced from the database, the BI will
do an investigation followed up by a site inspection The BI will
then do an investigation to establish whether approval has been
granted or not In case where an approval has not been granted,
anUnauthorized Building Works notice is then served. A follow up
second inspection is then undertaken within 24 hours Upon discovery
that the unauthorized work has not ceased, the matter is then
forwarded to Enforcement with necessary file (photographs,
affidavits, ownership details and copies of notices and any
additional evidence). When theres still no change, the BI issues a
second notice. Enforcement issues a Section 54 (no AG) Matter is
then adjudicated in the Magistrates court/High court. UNAUTHORISED
BUILDING WORKS NOTICE:
NOTICE IN TERMS OF THE NATIONAL BUILDING REGULATIONS AND BUILDING
STANDARDS ACT (NO. 103 OF 1977), AS AMENDED PROPERTY DESCRIPTION:
______________________________________________________________________________
ADDRESS OF
PROPERTY:______________________________________________________________________________
Notice is hereby given that you are in contravention of the
National Building Regulations and Building Standards Act (103 of
1977) as amended, in respect of the premises described above and
ordering you as the owner to comply within the period specified.
1.In terms of Section 4(1) of the above mentioned Act: No person
shall without the prior approval in writing of the local authority
in question, erect any building in respect of which plans and
specifications are to be drawn and submitted in terms of this Act.
On _________________ an inspection in respect of the above
mentioned property was conducted, wherein it was revealed that
building operations have been/is being carried out, namely
________________________________ __
____________________________________________________________________________________________
without the prior approval of the Local Authority. In terms of
Regulation A25 (6) of the National Building Regulations and
Building Standards Act (103 of 1977), you are hereby ordered to
cease all work forthwith. You are further required in terms of
Regulation A25 (7) & (10) of the National Building Regulations
and Building Standards Act (103 of 1977), to demolish OR submit an
application within 30 days from date of this notice for
consideration for approval, in respect of the building work
referred to in paragraph 2 above. 5.No building work shall
re-commence prior to the building plan being approved by the local
authority. Failure to comply with this notice shall constitute an
offence and will result in legal proceedings being instituted
against you without further notice Should you have any queries
regarding this notice, kindly contact the Building Inspector during
the office hours as mentioned above. U/A Building Letter- Typical
Dilapidated Buildings: Issuing of Notices; Monitoring and
Enforcement;
Further Action; Itrump and Better Buildings Program; City
Beautification Program. City Beautification Program:
CITY BEAUTIFICATION PROGRAMME ADDRESS PROPERTY:
____________________________________________________ PROPERTY
DESCRIPTION: ________________________________________________
Ethekwini Municipality has embarked on a City-Wide Beautification
Program. In order to achieve compliance with the aforementioned,
Building Inspectorate have been tasked to continuously monitor and
action as necessary. An inspection of the aforementioned property
carried out on the , revealed that the following items require your
attention: Boundary wall/ Building to be made good and/or painted;
Building rubble/material to be removed from the Municipal Verge;
Hoarding (if approved) to be removed and replaced at your own cost,
with either painted timber; boarding/metal sheeting to the
satisfaction of this Municipality (shade-cloth or similar, is not
permitted); Building to be suitably concealed/wrappedat your own
cost in order to reduce dust and to be aesthetically acceptable
during the erection of the building, to the satisfaction of the
Municipality. We appeal to you to comply with the aforementioned
requirements (within________ days from date hereof) in the spirit
of contributing and being committed to the City Beautification
Program. BETTER BUILDINGS PROGRAMME
Committee tasked to deal with Crime, Grime, Bylaw enforcement &
Bad buildings BI is a ROLEPLAYER; Better buildings comprises of a
group of line function officials; To turn around and restore
buildings; Rejuvenate and regenerate - rather than close down
buildings; Each building poses its own set of unique problems and
strategies to turn it around will differ; Model that has been
developed thus far then proceeds through a number of stages incl
the Judicial System. SLAs & Agreed Processes
Comment and input prior to: Plan Approval; during construction (if
required); and prior to the issuing of an Occupancy Certificate.
SLAs & Agreed Processes
Environment and Climate Control; Development Planning/ Land Use
Management; Environmental Health; Fire and Safety; Valuations;
Waste Water Management; Pollution Control; Water Inspectorate;
E.T.A; Roads and Storm water Maintenance; Coastal Storm-water and
Catchment Management Department; Architectural Services; Human
Settlements. CHALLENGES Access to site: Unrelated Complaints: Buy
In and support:
Apathy and Attitude: Ignorance with public, internal depts. TURN
AROUND TIMES FOR APPLICATIONS
Developers/ownersrequests for inspections: Building Inspectors will
endeavour to carry out inspections within 48 HOURS from date of
request Hoarding Permits: Applications for Hoarding Permits will be
processed within 48 HOURS from date of application. Demolition
Permits: Applications for Demolition Permits will be processed
within 30 days from date of Beneficial Occupation
Permits/Certificates of Occupancy: Applications for Beneficial
Occupation Permits/Certificates of Occupancy will be processed
within 14 days from date of application. Achieved 99,65% TURNAROUND
TIMES PLANNED PROGRAMS 1) Business Partnership Program:
Communication Drive:
Interaction with the Department of Labor (maintenance of lifts and
other mechanical equipment, electrified /barbed wire fencing, safe
working conditions on building sites); Interaction with Skills
Development (learner-ships, in-service trainees,development of
training manuals and unit standards); Interactionwith MBA.
CommunicationDrive: Management, Councilors, ward committees; Public
(brochures, media releases, road-shows at ward committee levels).
3) Development And Training Program: Internal training for both
technical and administrative support staff (10 x training manuals)
; Assisted Education - technical training for Admin Support:
_empowerment and developmentfrom within, _research and implement an
in-service training program and a learner-ship program (for
internal staff). SLA with Water and Electricity Departments
Both Water and Electricity Departments are specialized; Agreed
process with both Water and Electricity Depts; Re-engineered
Business Process; Minimise/Reduce Unauthorized Building Works;
Derived from Rates Policy; Rate Code Change; Implemented Procedure
;
Revert to original Rate Code on Compliance and. Rate Code Change
11.ABANDONED, UNAUTHORISED OR ILLEGAL DEVELOPMENT / USE 11.1Where a
property is abandoned, developed or used illegally and in
contravention of the Municipalitys bylaws and regulations, the
Municipality shall change its category to the Unauthorised or
Illegal Development / Use category, notwithstanding any other
remedies available via any other Act, Bylaw or Regulation Proposed
Designation Change
6Functions of Building Control Officers: (4) This section shall not
be construed so as to prohibit a local authority from granting or
entrusting to a building control officer any powers, duties or
activities, from delegating to an officer under his control any
power, duty or function granted or entrusted to building control
officers in terms of this act. Options/Proposal: Building
Regulator; Building Regulatory Officer; Building Inspectorate
Officer. ACHIEVEMENTS Initiation of Rates Code Change process (x5)
for occupation of unauthorized portion of building or misuse;
Recent Service Linkages with line departments; Input for Electrical
Connection applications; Achieved 99,7% TURNAROUND TIMES
forallapplications/ requests. Ngiyabonga !!! Thank You!!! Dankie
!!!