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 !!!