ILA TO DO OR NOT TO DO

Transcription

1 ILA TO DO OR NOT TO DO Lisa Swaine May 2015 Webber Wentzel 2014

2 T d, r nt t d, that is the questin. Whether tis nbler in the mind t suffer the slings and arrws f unbearable regulatin, r t take arms against a sea f trubles, and by ppsing end them? Die? 2

3 INSURANCE Prfessinal Indemnity Insurance Cmpliance with statutry regulatins If a claim under the plicy is due t r in cnnectin with a deliberate breach f any statutry regulatin n the part f the insured's senir technical r administrative management, the benefit in respect f any such claim shall be frfeited. Cntracts All Risks Warranties made by the insured that all laws, legislatin, regulatins and standards have been adhered t. exclusins f liability fr a breach f laws, legislatin, regulatins, and standards. 3

4 4

5 NATIONAL BUILDING REGULATIONS & BUILDING STANDARDS ACT 103 OF 1977 SECTION 4(1) N persn shall withut the prir apprval in writing f the lcal authrity in questin, erect any building in respect f which plans and specificatins are t be drawn and submitted in terms f this Act. 5

6 SECTION 14 - CERTIFICATES OF OCCUPANCY The wner f any building, r any persn having an interest therein, erected r being erected with the apprval f a lcal authrity, wh ccupies r uses such building r permits the ccupatin r use f such building unless a certificate f ccupancy has been issued in terms f subsectin (1)(a) in respect f such building; except in s far as it is essential fr the erectin f such building; during any perid nt being the perid in respect f which such lcal authrity has granted permissin in writing fr the ccupatin r use f such building r in cntraventin f any cnditin n which such permissin has been granted; r, therwise than in such circumstances and n such cnditins as may be prescribed by natinal building regulatin, shall be guilty f an ffence. 6

7 BUILDING REGULATIONS REGULATION A1(3) NEW AGAINST OLD N persn shall erect any building which is t be structurally supprted by an existing building r extend an existing building unless an apprved cmpetent persn has judged the existing building t be capable f carrying any additinal lad arising frm such erectin r extensin and has, in writing, s infrmed the lcal authrity. 7

8 A22 - Intentin t Cmmence N wrk in cnnectin with the erectin r demlitin f any building shall be cmmenced n the site unless ntice has been given t such lcal authrity by the wner f such building, stating the date n which such erectin r demlitin will cmmence. Ntice shall be given by the wner t such lcal authrity f a date n which any fire installatin will be cnnected t any cmmunicatin pipe; trenches r excavatins will be ready fr inspectin prir t the placing f cncrete fr any fundatin; r any drainage installatin will be ready fr inspectin and testing. the building will be cmpleted N wner shall cnstruct any fundatin until the trenches r excavatins have been inspected and apprved by the lcal authrity, and such wner shall nt backfill r enclse a drainage installatin until such installatin has been inspected, tested and apprved by the lcal authrity. Any wner wh fails t cmply with the requirements f this regulatin shall be guilty f an ffence. 8

9 9

10 OCCUPATIONAL HEALTH & SAFETY ACT 85 OF 1993 CONSTRUCTION REGULATIONS 2014 Regulatins applicable t all persns invlved in cnstructin wrk. 10

11 REGULATION 3 - APPLICATION FOR CONSTRUCTION WORK PERMIT A client (the Emplyer / fr whm the cnstructin is being perfrmed) wh intends t have cnstructin wrk carried ut, must at least 30 days befre that wrk is t be carried ut apply t the prvincial directr in writing fr a cnstructin wrk permit t perfrm cnstructin wrk if the intended cnstructin wrk will- exceed 180 days; will invlve mre than 1800 persn days f cnstructin wrk; r the wrks cntract is f a value equal t r exceeding thirteen millin rand r Cnstructin Industry Develpment Bard (CIDB) grading level 6. N cnstructin wrk cntemplated may be cmmenced r carried ut befre the cnstructin wrk permit and site specific number have been issued and assigned. 11

12 REGULATION 4 - NOTIFICATION OF CONSTRUCTION WORK A cntractr wh intends t carry ut any cnstructin wrk ther than the wrk cntemplated in the previus slide, must at least 7 days befre that wrk is t be carried ut ntify the prvincial directr in writing if the intended cnstructin wrk will- include excavatin wrk; include wrking at a height where there is risk f falling; include the demlitin f a structure; r include the use f explsives t perfrm cnstructin wrk. A cntractr wh intends t carry ut cnstructin wrk that invlves cnstructin f a single strey dwelling fr a client wh is ging t reside in such dwelling upn cmpletin, must at least 7 days befre that wrk is t be carried ut ntify the prvincial directr in writing. 12

13 OTHER PRESCRIBED DUTIES Regulatin 5 - the duties f the client Regulatin 6 - the duties f the designer Regulatin 7 - the duties f the principal cntractr and cntractr Regulatin 8 - management and supervisin f the cnstructin wrk Regulatin 9 - risk assessment fr cnstructin wrk Regulatin 10 - fall prtectin Regulatin 11 - structures Regulatin 12 - temprary wrks Regulatin 13 - excavatin Regulatin 14 - demlitin wrk Regulatin 15 - tunneling Regulatin 16 - scafflding Regulatin 22 - cranes Regulatin 23 - cnstructin vehicles and mbile plant 13

14 OFFENCES & PENALTIES Any persn wh cntravenes r fails t cmply with any prvisin f regulatins 1 t 30 is guilty f an ffence and liable upn cnvictin t a fine r t imprisnment fr a maximum f 12 mnths and, in the case f a cntinuus ffence, nt exceeding an additinal fine f R200 r additinal imprisnment f ne day fr each day n which the ffence cntinues: Prvided that the perid f such additinal imprisnment will nt exceed 90 days. 14

15 NATIONAL WATER ACT 36 OF 1998 The purpse f the Act is t ensure that the natin s water resurces are prtected, used, develped, cnserved, managed and cntrlled in ways which take int accunt varius factrs. 15

16 16

17 CHAPTER 12 SAFETY OF DAMS Deals with dam safety and cntains measures aimed at imprving the safety f new and existing dams with a safety risk s as t reduce the ptential fr harm t the public, damage t prperty r t resurce quality. T reduce the risk f a dam failure, cntrl measures require an wner t cmply with certain directives and regulatins, such as t submit a reprt n the safety f a dam, t repair r alter a dam, r t appint an apprved prfessinal persn t undertake these tasks. These measures are in additin t the wners cmmn law respnsibility t ensure the safety f their dams. An apprved prfessinal persn has a statutry duty f care twards the State and the general public and must fulfil, amngst ther things, defined respnsibilities when acting under this Chapter. Nt all dams are subject t regulatin under this Chapter, and the Minister may exempt certain persns frm its requirements. Only dams f a defined size, dams which have been declared t be dams with a safety risk, r dams falling int a prescribed categry are affected. All dams with a safety risk must be registered. Cmpliance with any directive r regulatin under this Chapter des nt exempt an wner frm cmplying with any ther prvisin f this Act, such as the requirement fr a licence r ther authrisatin fr water use in respect f the dam. 17

18 apprved prfessinal persn means a persn registered in terms f the Engineering Prfessin f Suth Africa Act, 1990 (Act N. 114 f 1990), and apprved by the Minister after cnsultatin with the Engineering Cuncil f Suth Africa (established by sectin 2 f that Act); dam includes any existing r prpsed structure which is capable f cntaining, string r impunding water (including temprary impundment r strage), whether that water cntains any substance r nt; dam with a safety risk means any dam which can cntain, stre r dam mre than cubic metres f water, whether that water cntains any substance r nt, and which has a wall f a vertical height f mre than five metres, measured as the vertical difference between the lwest dwnstream grund elevatin n the utside f the dam wall and the nn-verspill crest level r the general tp level f the dam wall; belnging t a categry f dams declared under sectin 118 (2) t be dams with a safety risk; r declared under sectin 118 (3) (a) t be a dam with a safety risk; wner f a dam r wner f a dam with a safety risk includes the persn in cntrl f that dam; and task includes a task relating t designing, cnstructing, altering, repairing, impunding water in, perating, evaluating the safety f, maintaining, mnitring r abandning a dam with a safety risk. 18

19 SECTION REGISTRATION The wner f a dam with a safety risk must register that dam. An applicatin fr registratin must be made within 120 days after the date n which the dam with a safety risk becmes capable f cntaining, string r impunding water; after the date n which an already cmpleted dam is declared t be a dam with a safety risk; r after publicatin f a ntice declaring a categry f dams t be dams with a safety risk, as the case may be. A successr-in-title t an wner f a dam with a safety risk must prmptly infrm the Directr-General f the successin, fr the substitutin f the name f the wner. 19

20 20

21 REGULATIONS REGARDING THE SAFETY OF DAMS Requirements fr issuing f licence t cnstruct, enlarge, alter r repair dam with safety risk N persn wh intends t cnstruct a dam with a safety risk, r enlarge, alter r repair an existing dam with a safety risk, may begin any cnstructin wrk, including any preparatin f the fundatins; strage f cnstructin materials, including aggregate, earth and rck; develpment f quarries r brrw areas; diversin f the watercurse cncerned r any wrks incidental theret; and in the case f the enlargement, alteratin r repair f an existing dam, steps t change the existing structure r equipment, befre he r she is in pssessin f a licence t cnstruct, enlarge, alter r repair, issued by the Directr-General, prvided that urgent emergency repair wrk t prevent failure f the dam r its cmpnents may be cnstructed withut a licence n cnditin that the Directr- General must be infrmed theref within seven days. 21

22 REGULATIONS REGARDING THE SAFETY OF DAMS Licence applicatin fr categry I dam An wner wh intends t cnstruct a Categry I dam, r t enlarge, alter r repair an existing dam s that the cmpleted dam can be classified as a Categry I dam must apply fr a licence t cnstruct, enlarge, alter r repair by submitting t the Directr-General a prpsed design cmplying with acceptable dam engineering practices and criteria cnsisting f certain dcuments Licence applicatin fr categry II dam Any persn wh intends t cnstruct a Categry II dam r t enlarge, alter r repair an existing dam s that the cmpleted dam can be classified as a Categry II dam, must - acquire the services f an apprved prfessinal persn t design the prpsed prject and t draw up plans and specificatins fr it; and apply fr a licence t cnstruct, enlarge, alter r repair by submitting t the Directr-General a prpsed design cmplying with acceptable dam engineering practices and criteria cnsisting f certain dcuments 22

23 REGULATIONS REGARDING THE SAFETY OF DAMS Licence applicatin fr categry III dam Any persn wh intends t cnstruct a Categry III dam, r t enlarge, alter r repair an existing dam s that the cmpleted dam will be classified as a Categry III dam, must apply fr a licence by submitting t the Directr- General a prpsed design cmplying with acceptable dam engineering practices and criteria cnsisting f certain dcuments 23

24 REGULATIONS REGARDING THE SAFETY OF DAMS Licence t impund water in dam with safety risk N licence t impund water is required fr a Categry I dam. Any persn wh cnstructs a new dam which will n cmpletin be classified as a Categry II r III dam, may nt clse the river diversin wrks, utlet wrks r similar structure, befre he r she is in pssessin f a licence t impund water. Any persn wh enlarges, alters r repairs an existing dam s that it will thereafter be classified as a Categry II r III dam, may nt allw the waterlevel in the reservir t rise abve the maximum cntrlled level, if specified in the licence t cnstruct, enlarge, alter r repair befre he r she is in pssessin f a licence t impund water. The Directr-General may refuse a licence if the applicatin cntains incrrect infrmatin, is incmplete, des nt cmply with acceptable dam engineering criteria r if the water use is illegal. 24

25 REGULATIONS REGARDING THE SAFETY OF DAMS Registratin f dam with safety risk Unless a dam with a safety risk is already registered with the Department at the cmmencement f these Regulatins, the wner f the dam must register that dam in terms f sectin 120 f the Act n an fficial applicatin frm btained frm the Department. The cmpleted frm must be signed by the wner and submitted t the Directr-General. 25

26 REGULATIONS REGARDING THE SAFETY OF DAMS Decmmissin dam with safety risk N persn may - begin t alter a dam with a safety risk with the intent t decmmissin the dam; r alter the nrmal peratin f a dam with a safety risk with the intent t decmmissin the dam unless he r she is in pssessin f a licence t decmmissin the dam issued by the Directr-General. Any persn wh intends t decmmissin a Categry II dam r Categry III dam must acquire the services f an apprved prfessinal persn t design the alteratins t the dam and t draw up plans and specificatins fr it. In the case f decmmissining f a Categry III dam the apprved prfessinal persn must be assisted by a prfessinal team. 26

27 REGULATIONS REGARDING THE SAFETY OF DAMS Apprval f prfessinal persn and prfessinal team A prfessinal persn desiring, fr the purpses f a prvisin f the Regulatins, t be the apprved prfessinal persn fr a task required in terms f the Regulatins in cnnectin with a specific prject, must apply in writing fr the necessary apprval by prviding the Directr-General with - a descriptin f the prject and the nature f the task r tasks t be undertaken; particulars f his r her qualificatins, training and experience in dam engineering; and an fficial applicatin frm btained frm the Department and signed by the prfessinal persn. 27

28 REGULATIONS REGARDING THE SAFETY OF DAMS A persn wh cntravenes r fails t cmply with any prvisin f these Regulatins is guilty f an ffence and liable n cnvictin t a fine r imprisnment fr a perid nt exceeding five years. Size classificatin & classificatin f dams with a safety risk Size class Maximum wall height in metres (m) Small Less than 12 m Medium Equal t r mre than 12 m but less than 30 m Large Equal t r mre than 30 m Table 1 must be read tgether with sub-regulatin 2(2). Size class Hazard ptential rating Lw Significant High Small Categry I Categry II Categry II Medium Categry II Categry II Categry III Large Categry III Categry III Categry III Table 3 must be read tgether with sub-regulatin 2(4). 28

29 Lisa Swaine Direct line: Cell N:

30 JOHANNESBURG CAPE TOWN 10, 16 & 18 Fricker Rad, 15 th Flr, Cnventin Twer Illv Bulevard, Heerengracht, Freshre Jhannesburg, 2196, Suth Africa Cape Twn, 8001, Suth Africa T T Legal Ntice: these materials are fr training purpses nly and d nt cnstitute legal r ther prfessinal advice