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The South African Council for the Architectural
Profession
Presentation by Adv. Toto Fiduli
(SACAP: Legal and Compliance)
BCO’S STEERING COMMITTEE MEETING
Date: Thursday, 25 August 2016 @ 09h00 – 16h00, NRCS Pretoria
SACAP – WHO ARE WE
The South African Council for the Architectural
Profession (SACAP) is a statutory body established by
an Act of Parliament and Governed by the Architectural
Profession Act, No 44 of 2000.
SACAP IS THE OFFICIAL REGULATOR
FOR
THE ARCHITECTURAL PROFESSIONS
IN
SOUTH AFRICA
22
REGULATION –
BRIEF OVERVIEW
The South African Council for the Architectural
Profession (SACAP)
A statutory body established by an Act of Parliament and
Governed by the Architectural Profession Act, No 44 of 2000
33
SACAP
44
INTRODUCTION
REGISTRATION OF THE BCO TECHNICAL STAFF
APPOINTMENT
OF BCOs
APPOINTMENT
OF BCOs
The NBR and Building
Standards Act, 1977
ACT 103 of 1977
The NBR and Building
Standards Act, 1977
ACT 103 of 1977
55
National Building
Regulations (NBR)
promulgated on
12 October 1990
National Building
Regulations (NBR)
promulgated on
12 October 1990
REGULATESREGULATES
REQUIRED
QUALIFICATIONS
REQUIRED
QUALIFICATIONS
Regulator for Compulsory Specifications
NRCS
Act 5of 2008
Regulatorfor Compulsory Specifications
NRCS
Act 5of 2008
ACT
103 of 1977
ACT
103 of 1977
NBRNBR Producing
NBRs
Producing
NBRs
LOCAL
AUTHORITIES ADMINISTRATION IMPLEMENTATIONRESPONSIBLERESPONSIBLE
RESPONSIBLERESPONSIBLE
STATUS QUO ON BCOs
APPOINTMENT OF BCOs
•To implement and enforce national building regulations
•To exercise and perform the powers, duties and activities granted/assigned to
a BCO.
LOCAL
AUTHORITIES
66
BCOs appointed
in terms of section 5 (1)
BCOs appointed
in terms of section 5 (1)
REGISTRATION OF BCTS
QUALIFICATIONS AND COMPETENCIES OF BCOs
NBR
Sets out the qualifications
In terms of section A16
NBR
Sets out the qualifications
In terms of section A16
77
Senior Certificate
+
3 year Tertiary Education
Senior Certificate
+
3 year Tertiary Education
engineering architecture building
management
building
surveying
quantity
surveying
building
science
REGISTRATION OF BCTS
DUTIES OF THE BCOs
In Terms of ACT 1977, Section 6 (1)
•BCO’s shall make recommendations to the Local Authority regarding any
plans, specifications, documents and information
•The work of BCO’s entails reviewing rational designs prepared by
architectural professionals.
– Therefore, it is important that a person appointed as a BCO’s has a good
understanding of architecture.
•Section 6 (4)
– allows a BCO’s to delegate duties or function granted to a BCO’s.
88
REGISTRATION OF BCTS
REGISTRATION OF COMPETENT PERSONS
Any person undertaking work or performing the following functions:
designing, planning and supervision of the erection of any building
or structure
is required to be registered with
The Architectural Profession Act, 2000 ( Act No. 44 of 2000 ),
or
The Engineering Profession Act, 2000 ( Act No. 46 of 2000 ).
Section A19 (9) (c) of the NBR
A Local Authority may decline a building plan application from a person who is
not professionally registered
in terms of The Architectural Professions Act (Act No. 44 of 2000) OR
The Engineering Professions Act, 2000 (Act No. 46 of 2000)
NBR
SECTION A1 (1)
NBR
SECTION A1 (1)
99
REGISTRATION OF BCTS
PLANS FROM COMPETENT PERSONS WHO ARE UNDER
INVESTIGATION
•The Local Authority may decline a building plan application from a competent
person who is under investigation by a disciplinary tribunal of ECSA, or SACAP
•The CEO of such a Council may express an opinion in writing.
•The Local Authority may consider the details of registration in respect of category,
date and discipline in which the applicant is registered, qualifications, experience,
training and contextual knowledge provided.
NBR
Subsection A19 (9) (c)
NBR
Subsection A19 (9) (c)
1010
NBR
Section A19 (10) (i)
NBR
Section A19 (10) (i)
REGISTRATION OF BCTS
PROFESSIONALISATION OF BUILDING CONTROL OFFICERS
•BCO’s do not belong to a professional body.
•There is no professional regulatory body responsible for registration of BCO’s,
setting standards and promoting best practice.
•SACAP has accepted a call for the professionalisation of BCO’s and their
registration in the architectural profession.
•Professionalisation will ensure that they are legitimised and recognised as a distinct
profession with a clear career path in the built environment.
•SACAP will establish and enforce good standards
•Enhancement of reputation and credibility of BCO’s in the built environment.
•Regular engagement in CPD and adherence to the Code of Ethics.
1111
REGISTRATION OF BCTS
CONCLUSION
•SACAP has attained notable progress in that three progressive meetings have
been convened with the NRCS, ECSA and the Task Team
•A task team meeting diligently examined the following key areas:-
– the registration criteria
– Qualifications
– Competencies
– scope of work
– dual registration
– continuing professional development
– code of professional conduct
the Task Team will ensure that qualifications and competencies determined are
in line with NBR requirements and the Competency Framework for Local
Government Occupational Streams as promulgated by the Department of
Co-operative Governance & Traditional Affairs.
1212
Q & A
QUESTIONS AND ANSWERS
99
CLOSURE
THANK YOU
SACAP website:
www.sacapsa.com
1010

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BCOSC_25 Aug 2016_Toto Fiduli

  • 1. The South African Council for the Architectural Profession Presentation by Adv. Toto Fiduli (SACAP: Legal and Compliance) BCO’S STEERING COMMITTEE MEETING Date: Thursday, 25 August 2016 @ 09h00 – 16h00, NRCS Pretoria
  • 2. SACAP – WHO ARE WE The South African Council for the Architectural Profession (SACAP) is a statutory body established by an Act of Parliament and Governed by the Architectural Profession Act, No 44 of 2000. SACAP IS THE OFFICIAL REGULATOR FOR THE ARCHITECTURAL PROFESSIONS IN SOUTH AFRICA 22
  • 3. REGULATION – BRIEF OVERVIEW The South African Council for the Architectural Profession (SACAP) A statutory body established by an Act of Parliament and Governed by the Architectural Profession Act, No 44 of 2000 33
  • 5. INTRODUCTION REGISTRATION OF THE BCO TECHNICAL STAFF APPOINTMENT OF BCOs APPOINTMENT OF BCOs The NBR and Building Standards Act, 1977 ACT 103 of 1977 The NBR and Building Standards Act, 1977 ACT 103 of 1977 55 National Building Regulations (NBR) promulgated on 12 October 1990 National Building Regulations (NBR) promulgated on 12 October 1990 REGULATESREGULATES REQUIRED QUALIFICATIONS REQUIRED QUALIFICATIONS Regulator for Compulsory Specifications NRCS Act 5of 2008 Regulatorfor Compulsory Specifications NRCS Act 5of 2008 ACT 103 of 1977 ACT 103 of 1977 NBRNBR Producing NBRs Producing NBRs LOCAL AUTHORITIES ADMINISTRATION IMPLEMENTATIONRESPONSIBLERESPONSIBLE RESPONSIBLERESPONSIBLE
  • 6. STATUS QUO ON BCOs APPOINTMENT OF BCOs •To implement and enforce national building regulations •To exercise and perform the powers, duties and activities granted/assigned to a BCO. LOCAL AUTHORITIES 66 BCOs appointed in terms of section 5 (1) BCOs appointed in terms of section 5 (1)
  • 7. REGISTRATION OF BCTS QUALIFICATIONS AND COMPETENCIES OF BCOs NBR Sets out the qualifications In terms of section A16 NBR Sets out the qualifications In terms of section A16 77 Senior Certificate + 3 year Tertiary Education Senior Certificate + 3 year Tertiary Education engineering architecture building management building surveying quantity surveying building science
  • 8. REGISTRATION OF BCTS DUTIES OF THE BCOs In Terms of ACT 1977, Section 6 (1) •BCO’s shall make recommendations to the Local Authority regarding any plans, specifications, documents and information •The work of BCO’s entails reviewing rational designs prepared by architectural professionals. – Therefore, it is important that a person appointed as a BCO’s has a good understanding of architecture. •Section 6 (4) – allows a BCO’s to delegate duties or function granted to a BCO’s. 88
  • 9. REGISTRATION OF BCTS REGISTRATION OF COMPETENT PERSONS Any person undertaking work or performing the following functions: designing, planning and supervision of the erection of any building or structure is required to be registered with The Architectural Profession Act, 2000 ( Act No. 44 of 2000 ), or The Engineering Profession Act, 2000 ( Act No. 46 of 2000 ). Section A19 (9) (c) of the NBR A Local Authority may decline a building plan application from a person who is not professionally registered in terms of The Architectural Professions Act (Act No. 44 of 2000) OR The Engineering Professions Act, 2000 (Act No. 46 of 2000) NBR SECTION A1 (1) NBR SECTION A1 (1) 99
  • 10. REGISTRATION OF BCTS PLANS FROM COMPETENT PERSONS WHO ARE UNDER INVESTIGATION •The Local Authority may decline a building plan application from a competent person who is under investigation by a disciplinary tribunal of ECSA, or SACAP •The CEO of such a Council may express an opinion in writing. •The Local Authority may consider the details of registration in respect of category, date and discipline in which the applicant is registered, qualifications, experience, training and contextual knowledge provided. NBR Subsection A19 (9) (c) NBR Subsection A19 (9) (c) 1010 NBR Section A19 (10) (i) NBR Section A19 (10) (i)
  • 11. REGISTRATION OF BCTS PROFESSIONALISATION OF BUILDING CONTROL OFFICERS •BCO’s do not belong to a professional body. •There is no professional regulatory body responsible for registration of BCO’s, setting standards and promoting best practice. •SACAP has accepted a call for the professionalisation of BCO’s and their registration in the architectural profession. •Professionalisation will ensure that they are legitimised and recognised as a distinct profession with a clear career path in the built environment. •SACAP will establish and enforce good standards •Enhancement of reputation and credibility of BCO’s in the built environment. •Regular engagement in CPD and adherence to the Code of Ethics. 1111
  • 12. REGISTRATION OF BCTS CONCLUSION •SACAP has attained notable progress in that three progressive meetings have been convened with the NRCS, ECSA and the Task Team •A task team meeting diligently examined the following key areas:- – the registration criteria – Qualifications – Competencies – scope of work – dual registration – continuing professional development – code of professional conduct the Task Team will ensure that qualifications and competencies determined are in line with NBR requirements and the Competency Framework for Local Government Occupational Streams as promulgated by the Department of Co-operative Governance & Traditional Affairs. 1212
  • 13. Q & A QUESTIONS AND ANSWERS 99