Wednesday 4 May 2011

Plumbing COC for the Western Cape

We know that many of you have questions regarding the new Plumbing Certificate of Compliance for the Western Cape. Just to set the record straight - It is not a waste of time, it is not a money making racket and it is not there to make your life difficult. It is there because Cape Town needs to save water! We have and in the future will have an even greater water shortage. The trouble is that the public and that includes plumbers seem to be ignoring this issue as it is not a crisis yet! By issuing these certificates you have an opportunity to contribute to the future of Cape Town. This of course means you have to issue these honestly and not just put your signature to a piece of paper when the property in question is non-compliant.

Take the time to read the following documents as they will help clear up a lot of confusion about the issue.






CERTIFICATE OF COMPLIANCE OF WATER INSTALLATION ON TRANSFER OF OWNERSHIP IN ACCORDANCE WITH THE WATER BY-LAW

Transfer of ownership

14.(1) The seller must, before transfer of a property, submit a certificate from an accredited plumber certifying that –

  1. the water installation conforms to the national Building Regulations and this By-law;
  2. there are no defects;
  3. the water meter registers; and
  4. there is no discharge of stormwater into the sewer system.




Plumber’s Checklist
The Hot Water Cylinder installation complies with SANS 10252 and SANS 10254.
The water meter registers when a tap is open and stops completely when no water is drawn. If there is then movement on the meter, this points to a defect somewhere on the property.
None of the terminal water fittings leak and they are correctly fixed in position.
No stormwater is discharged into the sewerage system.
There is no cross connection between the potable supply and any grey water or groundwater system which may be installed.
The water pipes in the plumbing installation are properly saddled.






SCHEDULE 4

CERTIFICATE OF COMPLIANCE OF WATER INSTALLATION ON TRANSFER OF OWNERSHIP IN ACCORDANCE WITH THE WATER BY-LAW

PROPERTY ADDRESS …………………………………
………………………………………………………………………………………………………………………………

ERF NUMBER ……………………………………………

NAME OF SELLER ……………………………………...

CONTACT DETAILS OF SELLER …………………….
………………………………………………………………

NAME OF BUYER ……………………………………….

I, …………………………………………….…, a suitably accredited plumber, certify that I inspected the plumbing installation at the above address, and confirm that:
The water meter is registering,
There are no defects which can cause water to run to waste, and
There is no ingress of rainwater into the sewerage system.

SIGNATURE: …............................. DATE: …………..

PRINT NAME & CONTACT DETAILS: ……….………… …………………………………………………………………
REGISTRATION NUMBER: ……………………………….
Conveyancing attorney to submit completed form to: Email: CertificateOfCompliance@capetown.gov.za


 
You can download the original document here:  Certificate of Compliance

The question most of you are asking is where do I register as a plumber? Do I register with IOPSA? Do I register with PIRB?

The short answer is: If you want to look after the future of the Plumbing Industry then registering with PIRB is a good idea. If you wish to further your knowledge and have access to Plumbing Africa Magazine then register with IOPSA. But for purposes of issuing the above Compliance Certificate in the Western Cape Metro, the only place you have to register is with the City of Cape Town.

REGISTRATION OF PLUMBERS

The Water and Sanitation department of the City is currently updating it's data-base for licensed plumbers, with the intention of converting it to a register of suitable accredited plumbers. This is in compliance with the City's revised Water By-Law which was promulgated on 18 February 2011. This register will apply across the Metro.

Plumbers are invited to submit their details for listing in the proposed register, by means of the following:

  a) Plumbers who were previously issued with a permanent plumbing licence by the City, must
      1. provide a copy of such licence
      2. provide a certified copy of their I.D. document
      3. if self-employed provide name and details of their business
      4. if working for an employer, provide details of such company
      5. provide contact details e.g. phone numbers, fax numbers and where applicable, an E-
          mail address.

 b) All plumbers who qualified after the promulgation of the City's by-law on September 2006,   
     when the licensing process ceased, and would therefore not have been issued with a 
     plumber's licence by the City, must:
      1.Provide a certified copy of their plumber's trade test certificate     
      2. provide a certified copy of their I.D. document
      3. if self-employed provide name and details of their business
      4. if working for an employer, provide details of such company
      5. provide contact details e.g. phone numbers, fax numbers and where applicable, an E-
          mail address.

The above mentioned documentation and all queries, must be emailed to:
CertificateOfCompliance@capetown.gov.za

MORE INFO FROM OUR CITY

D N KLOPPER — Policy, Strategy and Regulation Section, WDM & S, Water & Sanitation.
CERTIFICATE OF COMPLIANCE OF WATER INSTALLATION ON TRANSFER OF OWNERSHIP IN ACCORDANCE WITH THE WATER BY-LAW SECTION 14(2)
14. (1) The seller must, before transfer of a property, submit a certificate from an accredited plumber certifying that –
(a) the water installation conforms to the national Building Regulations and this By-law;
(b) there are no defects;
(c) the water meter registers; and
(d) there is no discharge of stormwater into the sewer system.
(2) The certificate referred to in subsection (1) must be in the format of the form attached as Schedule 4.
WHAT IS THE INTENT OF THE BY-LAW
1. Water is a scarce resource and our water resources must be managed responsibly. The City loses approximately 79 000 million litres of potable water per year in the distribution system and this is a means of controlling water wastage from private homes.
2. Protecting the buyer from latent defect claims and high water bills due to leakages.
3. Health and safety, very important. Not allowing a cross connection between storm water and sewer. The greatest contribution to health in the last 100 years has actually been closed sewer systems and the quest to separate the spreading of such related diseases.
Many hot water cylinders are being installed as after market items and the installation is not always to specification.
4. Water meter accuracy is essential, as new owners will be burdened with a backlog of faulty readings when they acquire the property and the buyer needs to know that all is clear when taking the property over.
5. Leaks – Latent defects again and a loss of water which contributes to our water crisis.
6. This also provides an opportunity to gradually eliminate the increasing number of storm-water connections into our sewers that is putting capacity pressures on our sewerage network and treatment capacity. It is important to note that these are illegal connections that people make after the approval of the plans and inspection of the completed buildings. Some of them are historical but, we need to address the challenge.



FREQUENTLY ASKED QUESTIONS:
1 Procedure/Activity Description
 The seller must acquire the Certificate of Compliance (COC) forms from the City of Cape Town.
 The seller should select an accredited plumber i.e. one who has the requisite qualifications in terms of the South African Qualification Authority (SAQA) (Act 58 of 1995) or approach the City for confirmation.
 Only accredited plumbers may work on premises and issue a COC.
 The seller will be liable to pay the COC fee to the plumber.
 The seller may be assisted by an estate agent for all of the above.
 The conveyancer will request the original COC and submit an electronic copy to CertificateofCompliance@capetown.gov.za.
 Once the conveyancer has received a read receipt confirming that the City had opened the COC, the conveyancer can proceed with registration as the Deeds Office does not require a copy of the COC.
 A system has already been developed for a conveyancer to submit the report and to receive acknowledgement of the report as well as the safeguarding of the original document or a certified copy thereof, plus a backup system.
 The COC will be stored electronically and be available for future use and utilized for a ‘new’ inspection.
 The conveyancer is obliged to see that this requirement is fulfilled.
2 What is a plumber expected to check?
 The Hot Water Cylinder installation complies with SANS 10252 and SANS 10254.
 The water meter registers when a tap is open and stops completely when no water is drawn. If there is then movement on the meter, this points to a defect somewhere on the property.
 None of the terminal water fittings leak and they are correctly fixed in position.
 No stormwater is discharged into the sewerage system.
 There is no cross connection between the potable supply and any grey water or groundwater system which may be installed.
 The water pipes in the plumbing installation are properly saddled.
3 Who bears the cost of repair?
The By-law requires that remedial work/repair be executed prior to registration and in order to obtain the COC. The COC must be issued before transfer and the property owner (seller) must pay for these expenses.
The problem is that few owners will have the cash-flow to pay for the remedial work in advance and we suggest the inspection be carried out before the property is put on the market to determine:
- whether the Property is compliant and if any remedial work is required and the extent of the costs
- these costs can then be considered when the property is sold and provision made from the proceeds to accommodate the repairs

- this is more relevant for distressed sales where there is usually a shortfall and the bank and seller must enter into an acknowledgement of debt for the shortfall and/or the bondholder must write off a bigger shortfall.
If an owner does not have sufficient cash-flow to pay for the repairs prior to transfer, we suggest that bridging finance be obtained to pay for the repairs. Bridging finance can usually be obtained once all suspensive conditions have been met and there are sufficient surplus proceeds from the sale to cover the bridging loan. However, usually not more than 80% of the net surplus can be borrowed through bridging finance.
4 In older suburbs/houses, many of the older houses in the middle class section will not qualify to get a certificate. That means there will be an extra cost for most people, who really can’t afford it, when they sell. What will happen here?
These older houses should readily be able to qualify. We cannot apply a By-law retrospectively. This means that any plumbing installation constructed at any particular time, should only conform to what the relevant water services By-law for that particular period required. For example, except for automatic flushing cisterns fitted to urinals – for which the period of “grace” has expired, as was first promulgated in the By-laws of September, 2006 – we cannot now call for older installations to conform to “10 litre shower heads”, “6 litre basin taps” etc. Another example is the case of galvanised mild steel piping, which was “outlawed” approximately 10 years ago, but would have been allowed during the construction of these “older” houses.
However, our current By-law and the amended version, gives the Director: Water and Sanitation the authority, in instances where “older” installations that were constructed under previously promulgated By-laws, have developed defects that cause water to run to waste due to defective materials, fittings and poor plumbing practices allowed for use under those By-laws, or where “older” installations can cause health risks, the right to serve notice on the owner to amend such defective installations so that they comply with the current By-law. We cannot allow wastage of water, or risk of injury to health.
5 Are there enough qualified plumbers in Cape Town to make sure that this regulation can be enforced properly?
All plumbers are required to carry their qualification certificate which the seller or estate agent can verify or contact the City at 021 400 6597, 021 400 6586 or email CertificateofCompliance@capetown.gov.za. For the purposes of the certificate, only an inspection is required. This can be carried out even by “retired” plumbers, into which group many of our former water inspectors fall. These “older” plumbers have vast experience, which can be put to good use.
6 Will this regulation be enforced in all the areas in Cape Town?
Yes, the program will be rolled out across the Cape metro (map attached).
All homeowners should be made aware of the requirement to carry out the inspection in advance, through media cover and notices that accompany rates and taxes account on a regular basis.

7 The majority of these specifications are in fact the municipalities responsibilities, viz a viz the water meter, the water installations conforming to Building Regulations and the storm water not entering the sewerage system.
These requirements form part of The National Building Regulations and the City of Cape Town’s By-laws. The onus is on the owner of the property to comply with these regulations. The onus is on the municipality to regulate that it is done properly. A new building is inspected for compliance. When upgrading their property not all owners complete the requisite building plans and construct their “improvements” according to specification and a new owner is then confronted with additional costs to rectify irregularities. This should be the responsibility of the seller.
8 Do rates and taxes not cover any certification?
Rates and taxes are not designed to cover this type of cost.
9 Would this cause a delay in the registering the sale of a property?
As the seller would be aware of the requirement or made aware by the estate agent approached to sell the property, this inspection could be arranged within a matter of a few days. Should there be no defects, the certificate would be issued immediately. There is no need for the seller to wait until he has a confirmed buyer before arranging the inspection or making repairs.
The Municipality will not delay the issue of a rates and taxes clearance if the water COC has not yet been complied with.
The transfer can be delayed however if the owner does not complete the repairs before the transfer as the COC must be submitted to the Municipality prior to transfer.
10 Can the cost involved in repairs to a property to comply be added for the buyer’s expense?
The seller is responsible for rectification of defects. It is anticipated that inspection would cost in the region of R400 to R500, depending on the size of the property. Repairs and any subsequent visits by the plumber to undertake repairs will be an expense over and above that amount and as per individual quotation for such repairs.
11 Is there an independent body that can provide efficient, independent and reliable quotes and service to the home owner?
The homeowner needs to receive assurance that the work to be implemented to meet compliance is done efficiently and with no risk of the service provider not executing the task on time and within budget. The service provider needs the security that he will be paid on satisfactory completion. There is an independent service provider based in the Western Cape to oversee and monitor this process.
12 The modus operandi seems unclear as the municipality will not financially benefit in any way by introducing this By-law. What is the rationale?

The municipality has a legal requirement and also an obligation to its consumers for the provision of equitable, sustainable and affordable water services to all. Curbing water wastage is an essential part of this obligation.
13 Won’t this By-law create all sorts of skullduggery between plumbers and sellers?
The municipality will be conducting its own inspections at random on a percentage of all certificates issued.
It is up to each owner to obtain more than one quote from plumbers who belong to their professional body, Institute of Plumbers of South Africa (IOPSA) and, if possible, to make use of the services of an independent body to obtain additional quotes (if required) on their behalf.
14 How will the By-law apply to sectional title units? Most sectional title units have one main meter on common property with sub-meters for each unit. Only the main meter is of importance to the municipal authority. The vast majority of piping is also on common property. What must the plumber certify?
Certification would include the operation of the sub meter, if applicable, any leaks in the system and the geyser installation.
15 Undeveloped property – If there is nothing built on the property what is the plumber to certify?
Where there is an existing water meter the plumber would check for leaks and if the meter is registering. Otherwise no certification is required.
16 Conveyancers will confirm that one of the most significant delays in most property transfers revolves around the rates clearances. Will the COC requirement cause more delays?
The Rates Clearance Section is not involved in the water Certificate of Compliance inspection process and will not delay the lodgement and registration of Deeds. The owner must, however, ensure that he initiates the inspection and repairs as soon as possible.
17 Sellers who are already financially stressed are going to be saddled with yet another expense, what will the Water COC cost?
The cost of the inspection and certificate, excluding repairs and subsequent visits, should not exceed R500.00. The cost of repairs will be per individual quotation.
18 Why should this kind of cost be placed only at the door of sellers whose properties happen to fall within the jurisdiction of the Cape Metro?
The Water Services Act requires each municipality to provide its own By-laws. Cape Town is water scarce and therefore special measures have to be put in place to sustain this resource.

19 Why is it necessary to compel certification of this nature? What need is being met and whose interests are being served?
The City must regulate compliance with water demand management measures and prevent overloading of the wastewater treatment works during rain events.
20 The cumulative effect of the expenditure which will be poured into the pockets of plumbers will be enormous and the problem could be addressed in a much more cost-effective fashion, here are some suggestions:
1. The possibility of stormwater water being discharged into the sewer system – why can’t the municipal official who visits the property periodically take a water meter reading?
The meter reader does not always have access to a property because of security measures.
2. The water meter not functioning correctly and the municipality not being able to recover a proper charge- if the water meter is the property of the municipality, why can’t the municipality maintain and check its own water meters?
The water meters are being used as a means of detecting any water leaks on the premises.
3. Water being wasted by a defective water installation – most homeowners could self- regulate this risk. If a leak develops the water account will go up and the homeowner will automatically look into the cause, why is this being inspected?
If a homeowner does not attend to a defective water installation, this will merely be passed on to the new owner who will not have a consumption history for the property.
4. That water installations meet the standards required by the national building regulations - this is automatically regulated in the process of the construction of the dwelling. Building inspectors are employed for this purpose nationally, what is being inspected here?
Subsequent improvements are not necessarily covered.
21 Why is it necessary to have the same property re-certified every time the property is sold?
The By-law provides that a certificate is required for every sale being registered as there is no guarantee that a purchaser has not made changes to the water installation before he resells the property.
22 How can a plumber certify that there are "no defects" of any nature whatsoever in the water installations or that the entire installation conforms to the standard required by national building regulations?
When all taps are closed the water meter will immediately indicate if there are underground leaks or not. No excavation for inspection purposes is required.



If you still have more questions, then post a comment and we will do our best to answer them.

Check back soon - future posts will be highlighting areas of the water by-laws that you may not be aware of!!