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Professional responsibility

05 October 2016   (4 Comments)
Posted by: Jacquie Cullis
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Professional responsibility

It has come to SACAP’s attention that Registered Professionals (RP) are increasingly appointed to prepare plans and not participate in the actual construction of the project or through the 6 stages of the project. However,  notwithstanding that an RP was not involved in the 6 stages of the construction of the project, he/she is still prepared to fill in SANS 10400-A: 2010 Form 4 at the completion of the project  certifying that the project was completed in accordance with the National Building Regulations and Standards Act.

By signing SANS 10400-A: 2010 Form 4, an RP certifies that the project complies with the National Building Regulations. The RP certifies that he/she was responsible for the project and that to his/her best knowledge, the project was constructed in accordance with approved plans and satisfies the requirements of the National Building Regulations. However, it is not possible for an RP to certify that a project was built in accordance with approved plans and the National Building Regulations if he/she was not involved in the 6 stages of the project.

SACAP cautions RPs who sign SANS 10400-A: 2010 Form 4 on a project they were not involved in during the 6 stages of construction without knowing if the builder has complied with the approved plans and the National Building Regulation. By Signing SANS 10400-A: 2010 Form 4 on a project on which an RP was not involved in on the 6 stages of work, he/she is exposed to a risk if the builder did not build according to the approved plan or National Building Regulations. Furthermore, such conduct amount to a breach of the Code of Professional Conduct.

Comments...

Videshkumar Boodu says...
Posted 13 October 2016
Guillaume F. Du Toit Note that Form 4 is a requirement only if form 2 is filled in. The Competent person that has filled in and accepted the responsibility for an aspect of the building as stated in form 2 is compelled to provide a completion certificate, namely form 4. When the RP accepts the responsibility of a rational design for (for example the energy efficiency) his responsibility is to inspect & ensure that the building is built to the standards / specifications that he has rationalized and provide the completion thereafter. Yes a separate form (more complications) would be ideal for your given reasons as some RP's do not / are not competent to do these specialized studies. Most Local Authorities do not understand this and provide the owner with an OC without asking for COC (form 4) with regards to Energy Efficiency. Most BCO's don't understand this & provide OC without this certificate causing major problems for the industry. Well most RP's don't seem to understand this also.
Guillaume F. Du Toit says...
Posted 13 October 2016
SANS Form 4 is not signed by Architects. Its a certificate of completion of STRUCTURAL, FIRE PROTECTION OR FIRE INSTALLATION SYSTEMS. Authorities also ask that it be submitted for Mechanical ventilation etc, but never have I seen an architect complete a Form 4. (Which option should he be ticking?) Introduction of another Form, signed by the architect on completion of a project will be fantastic! It will ensure that we do not get undercut in fees by incompetent people doing half a job and it will ensure that architectural fees are paid on completion of the project.
Videshkumar Boodu says...
Posted 07 October 2016
It should also be noted that a Professional is in breach of the Code of Professional Conduct if they have not inform the Owner that in terms of Regulation A2(2) "of any changes made in the manner in which any functional regulation shall be satisfied or if the services of the competent person is for whatever reason terminated prior to the conclusion of his obligations in terms of these regulations, or the appointment of any other competent person.' The Professional "within one month of being notified by the owner or becoming aware of any change submit an amended declaration to the local authority." This means that the Appointed Professional is obligated to declare to the Local Authority an changes / deviations from the Approved Building Application. Videsh
Videshkumar Boodu says...
Posted 07 October 2016
Note that Form 1 is a declaration by a Competent person on how the functional regulations are to be met. No certification (form 4) is required on completion of the works for this declaration. Form 4 (Certification) is a requirement by the Approved Competent Person Appointed in From 2, in terms of RegulatinA19 for a rational design or rational assessment. Usually in the case of Professional Architects, these duties would be Energy Efficiency and/or Provisions for Persons with Disabilities. The Professional would then fill in form 2 (appointment) and if satisfied fill in form 4 (Certification) post construction. In essence - The Professional Responsibility to take the project to stage 6 would be a requirement if form 2 was filled in. The Breach of the Code of Conduct would apply if the Professional appointed as the Competent Person for a Rational Design / Assessment does not take the project to stage 6. Videsh