Republic of South Africa ≠ EDICT OF GOVERNMENT ± In order to promote public education and public safety, equal justice for all, a better informed citizenry, the rule of law, world trade and world peace, this legal document is hereby made available on a noncommercial basis, as it is the right of all humans to know and speak the laws that govern them. VC 9101 (2009) (English): Compulsory specification for PRESERVATIVE TREATMENT OF TIMBER [By Authority of South AFrica Government Gazette -3-Apr-2009] Compulsory Specification for PRESERVATIVE TREATMENT OF TIMBER Published by Government Notice No. 380 (Government Gazette No. 32067) of 3 April 2009 ICS 71.100.50; 79.020 VC 9101 Ed. 1 74 No.32067 GOVERNMENT GAZETTE, 3 APRIL 2009 No. 380 3 April 2009 I, Mandisi Mpahlwa, Minister ofTrade and Industry, hereby under Section 13 (1) (a) ofthe National Regulatorfor Compulsory Specifications Act (Act 5 of 2008), and on the original recommendation ofthe Council ofthe South African Bureau ofStandards, introduce the Compulsory Specification for 1Ill'il'jlln"llfill"as set out in the attached schedule, and withdraw the over requirements as published by Government Notice 306 in Government Gazette 27314 of February 2005, with effectfrom the date six (6) this notice. STAATSKOERANT, 3 APRIL2009 No.32067 75 SCHEDULE COMPULSORYSPECIFICATION FOR THE PRESERVATIVE TREATMENT OF TIMBER 1SCOPE This compulsory specification covers the requirements for the preservative treatment of timber intended for use in a variety 'of applications under various hazard conditions, with the intention of protecting it from and preventing the spread of destructivefactors oragents. The mandatory requirements fall within the scope ofthe relevant National Standard SANS 10005: The preservativetreatmentoftimber. EXCLUSIONS: Requirements of SANS 10005: The preservative treatment of timber within the jurisdiction of other laws and regulatory bodies are excluded. Such requirements include but are not limited to ~ Occupational Health and Safety; ~ Vessels under Pressure; ~ Environmental Protection; ~ Safe handling, disposal and labelling ofhazardous materials. 2 DEFINITIONS Forthe purpose ofthis compUlsory specification, thefollowing definitions apply: 2.1 Regulator: the body appointed by the Minister of Trade and Industry to administer compulsory specifications. 2.2Applicant: a manufacturer or importer that seeks approval of preservative treated timber and is an established legal entitywithin the Republic ofSouth Africa. 2.3 Preselved timber: timber that has been preserved to render it less susceptible to destruction by fungi, insects or marine borers. 2.4Certification body: 76 No.32067 GOVERNMENT GAZETTE, 3 APRIL2009 a body appointed by the producer to assess the conformity of preseNed timber against the requirements of the compulsory specification that is recognised by the Regulator in terms ofits policy on conformity assessment. 2.5 Producer: an entitythat preseNes timber. 2.6 Importer: an established legal entity within the Republic of South Africa that imports preseNed timber. 2.7 Conformity satisfactory proof that nl"l:~e:-onll:~1'\ for sale continues to conform to the 1"\'1''1'-='1''01'\ req'uirements ofthis specification. 3 3.1 PreseNed timber shall comply requirements of SANS 10005: The preservative treatment oftimber. 3.2 The following requirements are excluded: 3.2.1 The requirements for occupational health and safety ofClause 9.2; 3.2.2 The environmental protection requirements of Clause 3.2.3 The requirements for occupational and ofClause 13; 3.2.4 The requirements occupational and ofAnnexes D and E. 3.3 The producer or shall recognized by the Regulator in terms of its conformity assessment policy to the initial compliance and ongoing conformity of timber '1"=,.".,=.-.'1',"" of this compulsory specification. 3.4 The Regulator assessment or evidence ofconformity 3.5 The manufacturing the treatment of timber shall be pre-approved by the regulator for conformity of production requirements as prescribed in Annex A, attached 3.6 PreseNed timber that complies with the requirements of this compulsory specification shall be marked as prescribed in Annex B, attached. STAATSKOERANT, 3 APRIL2009 No.32067 17 3.7 The manufacturer or importer shall provide the Regulator with satisfactory evidence ofconformity ofproduction on request. 3.8 The manufacturer and/or importer shall immediately report any failure to conform to the requirements ofthe compulsory specifications, ofwhatever nature, to the Regulator. 18 No.32067 GOVERNMENTGAZETTE, 3APRIL2009 ANNEXA APPLICATION FORAPPROVAL OF PR~;SEIRVIE~D TIMB~;R A.1 APPLICATION FORAPPROVAL The applicant shall apply to the Regulator for approval of the manufacturing facility for preservedtimber. The application shall includethefollowing: a) details of the type ofpreserved timber for which approval is sought and the standard/s towhich itisclaimed to conform; b) details ofthe manufacturing plantlsforwhich approval is sought. c) description ofthe manufacturing process/s; d) details of the control measures in place in the manufacturing facility to ensure ongoing conformitywith the requirements ofthe compulsoryspecification; e) authentic current certificates of conformity with all the requirements of the relevant compulsory specification including standards and test methods referred to, issued by acertification bodyrecognised bythe Regulator; f) markings and other information to be placed on the preserved timber, with a breakdown ofcodes used where applicable; g) details of chemicals used in the preservative treatment, their specifications and derivation; h) any reasonable additional information requested bythe Regulator. A.2 a) The Regulator shall issue a Certificate of Approval to the manufacturer or importerwhen all the requirements havebeen metto its satisfaction. b) The Regulatorshall assign aunique numberto each Certificate Approval. c) The Certificate ofApproval shall bethe soie proofofapproval the Regulator. A.S The approval granted in respect of preserved timber pursuant to the Specification maybe withdrawn atanytimewithout warning ifcompliance requirements this Specification has notbeen maintained. STAATSKOERANT, 3 APRIL2009 No. 32067 79 a) in with to in SANS 10005; and b)