AI-assisted research summary: Local authorities may order safety steps for dangerous buildings or earthworks, require competence proof, and require compliance certificates; false or fraudulent certificates are offences.
3. Section 12 of the principal Ac't is hereby amended- following paragraphs, respectively: · · ( a) by the substitution in subsection (3) for paragraphs (a) and (b) of the . ' "(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 earth::-vork 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 10 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 condi tion 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 15 [professional engineer] registered person, in order to render such building, land or earthwork safe. 5 (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 20 increase the danger or hinder or obstruct the architect or [profes· sional 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: 25 " c If it is brou ht to the attention of a local authorit or a ears 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 theduties in question, the local authority may require such architect or registered person to submit evidence 30 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 ~arthwork in question 35 to instruct another architect or registered person to carry out the duties.". ' Amendment of section 14 of Act 103 of 1977, as amended by section 7 of Act 62 of 1989 . . . -. . . . . .4 •. Section 14 of the principal Act is hereby amended- 40 (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 1nstallation; alteration or repair of any electrical wiring · connech.!d or of which connection is desired with the electrical supply or distribution works of such local authority or any statutory 45 body, shall, at the request of the owner of a building of which the erection has been completed or of any person having ari 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 50 · laws;"; and · ' (b) by the substitution for subsection (2A) of the f~llowing subsection: · ·" 2A U on com letion of the erection or installation of- ( a) the structural system; or - (b) ·. (c) the fire protection system; or the fire installation sys~em, 55 6 No. 16717 Act No. 49, 1995 GOVERNMENT GAZETI"E, 4 OCfOBER 1995 NATIONAL BUILDING REGULATIONS AND BUILDING STANDARDS AMENDMENT ACf, 1995 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.. . 5 10 (b) in a fraudulent manner issues or obtains a certificate contemplated in subsection (2) or (2A), shall be guilty of an offence.". · .· Short title . S. This Act shall be called the National Building Regulations and Building 15 Standards Amendment Act, 1995.