The National Building Code of Nigeria: Development Control

THE NATIONAL BUILDING CODE OF NIGERIA: DEVELOPMENT CONTROL

AINA, EMMANUEL OLORUNTOBA ARC-01-9203 AND IDRIS, NGOZI MERCY ARC-04-4321 THE NATIONAL BUILDING CODE OF NIGERIA: DEVELOPMENT CONTROL ABSTRACT The built environment has undergone rapid deterioration with the incidences of building collapse and more especially the lack of maintenance culture apparent in our society today, and to put a stop to this, it was deemed necessary to initiate the process of evolving the National Building Code and as a result eliminate or reduce such trends to the barest minimum. This paper highlights the evolution, composition, importance of the Code. It includes excerpts of only Part three (3) – Enforcement of the Code (pp.416-426). It concludes by stating that among other factors, the non domestication of the Code at the States and Local Government levels is presently affecting compliance with the National Building Code. Therefore, it recommends its full implementation, compliance and enforcement by all relevant professionals and stakeholders in the building industry. Keywords: Building Code INTRODUCTION A building code is a collection of laws, regulations, ordinances, or other statutory requirements adopted by a government legislative authority that is involved in assuring the adequacy of the physical structures and healthy conditions of buildings .(United States Environmental Protection Agency (US EPA). Building codes establish predictable, consistent minimum standards that are applied to the quality and durability of construction materials. The primary purpose of a building code is to regulate new or proposed construction. Taiwo (2010) notes that, a building code or building control is a set of rules that specify the minimum acceptable level of safety for constructed objects such as buildings and non-building structures; and that the main purpose of building codes are to protect public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures. The National Building Code (NBC) is a set of minimum standards on building pre-design, designs, construction and post-construction stages with a view to ensuring quality, safety and proficiency in the building industry. It applies to all matters concerning the design and specification, costing, construction, alteration, addition to, moving, demolition, location, repair and use of any building or structure, for existing or proposed building works within the Federal Republic of Nigeria.(NBC, 2006) DEVELOPMENT OF THE NATIONAL BUILDING CODE, 2006 The Defunct National Council of Works and Housing, in 1987 directed that a National Building Code be evolved for Nigeria. All the stakeholders in the Building Industry were duly contacted for input at a National workshop at ASCON, Badagry - Lagos State in 1989 organized by the defunct Federal Ministry of Works and Housing. Another workshop was held at the Gateway Hotel, Ijebu-Ode, Ogun State in 1990 was approved by the then National Council on Housing in 1991, but was not ratified by the then Federal Executive Council for use in the Country.

The 1991 approved document was re-presented to the 2nd National Council on Housing and Urban Development held in Port-Harcourt, November, 2005 and the Council directed that the document be widely circulated to all stake holders for input to facilitate the production of an acceptable National Building Code.

The restructured draft document from three parts to four was completed in 2006 and signed as a National Building Code by the then Minister for Lands, Housing and Urban Development, Dr. Olusegun Mimiko with the hope that every tier of government, (federal, state and local) imbibe the spirit and intent of the Code and that State Governments integrate the provisions of the Code into their local laws and efficiently monitor the implementation of the Code. The seven professions of the Building Industry and their respective Regulatory Bodies, i.e. Architecture, Building, Engineering, Estate Surveying and Valuation, Quantity Surveying, Surveying, and Urban and Regional Planning; contributed to the success of the production of the first edition of the National Building Code. (NBC, 2006)

THE COMPOSITION OF THE CODE The Draft document was restructured from three (3) parts to four (4) parts as follows:

(i) Part I changes from Administration and Environment to Administration;

(ii) Part II forms Classifications and Requirements, subdivided into two major divisions: Sections 4 and 5 then Sections 6-12 respectively. The second division charges the major stakeholders in the Building Industry to produce her own requirements as per the working tools from Sections 4 and 5.

(iii) Part III forms the Enforcement part of the Codes. The entire Building Process is divided into four (4) convenient stages and developed under two (2) subheadings:

(a) Pre-Design Stage - Requirements and Enforcement;

(b) Design Stage - Requirements and Enforcement;

(d) Post-Construction Stage - Requirements and Enforcement. (iv) Part IV is made up of a separate part namely, Schedules, where all supportive documents, data, tables, information and all sorts of relevant and approved application forms to Part I, II, and III can be found. (NBC, 2006) In summary, The National Building Code, 2006 is divided into four (4) parts and fifteen (15) sections as shown below: (a) Part 1: Administration (Sections 1-3) (b) Part 2: Technical (Classification of the Professionals in the building industry) (Sections 4-12) (c) Part 3: Enforcement (Section 13) (d) Part 4: Schedules and References (Sections 14-15) The building process was divided into four (4) stages: (i) Pre-design Stage (ii) Design Stage (iii) Construction Stage (iv) Post- construction Stage.

IMPORTANCE OF THE CODE The need to evolve a National Building Code arose from the following existing conditions of our cities and environment, and to promote safety and qualitative housing for every Nigerian:

(a) The absence of planning of our towns and cities;

(b) Incessant collapse of buildings, fire infernos, built environment abuse and other disasters;

(d) Use of non-professionals and quacks;

(e) Use of untested products and materials;

(f) Lack of maintenance culture. (NBC, 2006) COMPOSITION OF THE BUILDING CODE ADVISORY COMMITTEE The Building code advisory committee was established to periodically review the code and recommend for the Minister’s approval the appointment of the members of the Technical Sub- committees. The committee consists of a Chairman appointed by the Minister and nineteen (19) members also appointed by the Minister in consultation with relevant professional bodies. A member consists of duly registered practitioners of not less than 10 years post- registration experience from Architecture, Building, Engineering, Urban and Regional Planning, Estate Surveying and Valuation, Quantity Surveying, and Land Surveying. And representatives from: - Federal ministry of Environment - Federal Ministry of Health; - Federal Fire Service; - Standards Organization of Nigeria; - Federal Ministry of Housing and Urban Development; - Relevant Non-Governmental Organization; - Six state representatives (relevant to the building industry) each from the six geopolitical zones of the country. The meeting of the Committee held at the secretariat provided by the Minister, forms a quorum by the presence of not less than one-third of the members including the Chairman and meet at least twice a year with the approval by the Minister.

The Technical Sub- committees who meet as and when appropriate are as follows:

1. Pre-design- Physical Planning, Health, and Environmental Sub- committee.

2. Designs- Architectural and Engineering Designs and Specifications Sub- committee.

3. Construction- Materials, Methods and Construction Sub- committee.

4. Post- Construction- Occupancy and Maintenance sub- committee.

ENFORCEMENT OF BUILDING CODE The National building Code states that: “There shall be established in all Federal, State and Local Government Urban Development Agencies, a Code Enforcement Division/Section/Unit in their Development Control Department.”

Composition: The Building Code Enforcement Division/Section/Unit consist of the following registered professionals: Architects; Engineers; Town Planners; Fire Officers; Land Surveyors; Builders; Quantity Surveyors; Estate Surveyors and Valuers; Public Health and Safety Officers. Powers and duties of Code Enforcement Division/Section/Unit: The Code Enforcement Division/Section/Unit is vested with power to implement the provisions of this Code, and is to receive the assistance, and co-operation of other Officers in all Government Ministries, Departments, Parastatals, Police, and other Law Enforcement Agencies. Access to premises: The Code Enforcement Division/Section/Unit or an authorized representative may enter any and all premises or buildings at all reasonable times to inspect same or to perform any duty imposed by the enforcement of this Code, provided that if such building is occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, shall first make reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. Where entry is refused, or cannot be ordinarily secured, the official shall have recourse to every remedy provided by law to secure entry.

Emergency measures: The Code Enforcement Division/Section/Unit shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during constructions, to require adequate exit facilities in existing buildings or structures, and to ensure compliance with all the Code requirements for health, safety and general welfare of the public.

He shall also have powers in respect of the followings:

(i) Vacating structure When there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Code Enforcement Officer is empowered to order and require the inmates and occupants to vacate the same and post at each entrance to such building, a notice reading as follows: “This Structure is Unsafe and its Use or Occupancy has been prohibited by the Code Enforcement Division/Section/Unit”. (ii) Temporary safeguards: When there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, the Code Enforcement Division/Section/Unit should cause the necessary work to be done to render such building or structure or part thereof temporarily safe. (iii) Closing streets: When necessary for public safety, the Code Enforcement Division/Section/Unit should temporarily close streets, sidewalks, buildings and structures and places adjacent to such unsafe structure, and prohibit it from being used. (iv) Emergency repairs: The Code Enforcement Division/Section/Unit shall employ the necessary labour and materials to perform the required work as expeditiously as possible. (v) Costs of emergency repairs: Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on certificate of the Code Enforcement Division/Section/Unit. (vi) Inspections: The Code Enforcement Officer shall make all the required inspections, or accept reports of inspections by approved agencies or individuals, which shall be in writing and certified by a responsible officer of such approved agency or by the responsible individual. (vii) The Code Enforcement Division/Section/Unit is authorized to engage expert opinion as deemed necessary to report upon unusual technical issues that arise subject to the approval of the appointment authority. (viii) Credentials and identification: The Code Enforcement Division/Section/Unit and authorized representatives are to carry proper credentials and identification of their respective office when doing inspections of all buildings and in the performance of their duties. (ix) Proposals for amendments: The Code Enforcement Division/Section/Unit may propose amendments to existing requirements, or additional requirements to ensure applicability due to local climatic, cultural or other conditions; such proposals are to be made to the National Code Advisory Committee for consideration and decision. (x) Records: The Code Enforcement Division/Section/Unit shall keep and retain official records in official archives, and properly and safely stored, of applications received, permits, and certificates issued, fees, collected, reports of inspections, notices, and orders issued. (xi) Activity reports: The Code Enforcement Division/Section/Unit are to submit at stipulated periodic intervals, a written statement of operations in the form and content as prescribed to the appointing authority. SCOPE OF ENFORCEMENT OFFICER’S DUTIES 1. PRE-DESIGN STAGE - Requirements i Perimeter survey and topographical survey of the site. ii The Development Permit for the proposed development obtained by the owner from the Planning Authority. - Enforcement: The Code Enforcement Division/Section/Unit is to ensure compliance with the above. 2. DESIGN STAGE - Requirements: Working drawings and specifications prepared by registered design professionals. - Enforcement: The Code Enforcement Division/Section/Unit is to ensure that the above are submitted with application for building approval. 3. CONSTRUCTION STAGE -Requirements: Contract documents. - Enforcement: The Code Enforcement Division/Section/Unit is to ensure that the above are submitted with notice to commence construction. 4. POST-CONSTRUCTION STAGE - Requirements i Certificate of Fitness for Habitation. ii As-Built Drawings. iii Building Maintenance Manual. iv Building Condition Survey Report.

- Enforcement: The Code Enforcement Division/Section/Unit is to ensure compliance with the above requirements.

VIOLATIONS AND SANCTIONS Any act that is performed, caused or permitted by any person, firm or corporation that is in conflict with, or not in compliance with the provisions of the Code is a violation. So, it is unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any building or structure violating the provisions of the Code.

Notice of violation: The Code Enforcement Division/Section/Unit will serve a notice of violation in writing; on the person responsible for the erection, construction, alteration, extension, repair, removal, demolition, use or occupancy of a building or structure in violation of the provisions of the Code. Such order will direct the discontinuance of the unlawful act and the abatement of the violation and to be complied with, within twenty-one (21) working days. Prosecution of violation: If the notice of violation is not complied with within the stipulated period, the Code Enforcement Division/Section/Unit will request the legal counsel of the law or in equity to re-strain, correct or abate such violation or to require the removal or termination of the unlawful use of such building or structure.

Sanctions: Any person who violates a provision of the Code or fails to comply with any of the requirements or who erect, construct, alter or repair a building or structure in violation of an approved plan will be guilty of an offence punishable under the existing law.

BOARD OF PETITION Petition: Any person to whom the provision of this Code applies and has been served with an unsafe order or structure or has been served with an unsafe order and notice to make such structure safe, secure, or habitable or to take down such structure shall have the right, except in cases of emergency, to demand the appointment of a Board of Petition in writing stating the reasons if he deems such order to be unnecessary, improper or reasonable. Composition of the Board of Petition: The Board of Petition consists of five persons, with membership being four representatives drawn from relevant professional bodies and the fifth member being a legal practitioner knowledgeable in planning and building law of requisite experience, or a retired judge. Inspection by the Board of Petition: The Board of Petition have powers to inspect a building or structure and to confirm, modify or revoke the order as is just and proper in the interest of public health, safety and welfare. And determines the extent of reconstruction, restoration or rehabilitation in the repair of an unsafe building or structure. Written report by the Board: The Board of Petition on determining its findings, submit a report in writing affirming, modifying or nullifying the order in whole or in part and recommend the remedial steps to be taken where applicable to render the building or structure safe. Outcome of the petition: The findings and decisions of any three members of the Board are considered conclusive and certified copies of the report filed with the Code Enforcement Division/Section/Unit and with the owner or his representative and are binding on all parties.

UNSAFE BUILDINGS, STRUCTURES, BUILDING SERVICES AND EQUIPMENT Definition: All buildings or structures regulated by the Code and other related technical codes which are structurally inadequate or have inadequate means of egress, or which constitute a fire hazard, or otherwise dangerous to life and property are, unsafe. These include: (i). Building service equipment and installations which constitute a fire, electrical or health hazard, or unsanitary condition, or ise dangerous to human life;

(ii). Any use of buildings, structures unable to sustain the design loads specified are termed as unsafe building appendages;

(iii). All such unsafe buildings, structures or appendages and building service equipment and installations are declared public nuisances and abated by repair, rehabilitation, depletion or removal in accordance with the procedures set forth in the Code.

NOTICES A person carrying out building works shall give the Code Enforcement Division/Section/Unit notice in writing of: (i) The commencement of work, at least seven days, in advance. (ii) A person who has carried out any further work to secure compliance, should within a reasonable time after the completion of such work, give notice in writing of its completion.

(iii) The completion of any stage of work, not more than seven (7) days after such completion.

(iv) The completion of the building, not more than (7) days thereafter, or (if occupied before total completion) not less than seven (7) days before occupation and not more than seven (7) days after completion. (v) Before the commencement of any construction works, a site signboard showing the names and addresses of the client, professionals and contractor involved in the project shall be erected in a place to be seen clearly by the general public.

INSPECTIONS General: All construction or works for which an approval is required is subject to inspection by the Code Enforcement Division/Section/Unit and certain types of construction shall have continuous inspection by special inspectors. A survey of the plot is required by the Code Enforcement Division/Section/Unit to verify that the structure is located in accordance with approved plans. And the permit applicant is to make the work accessible and exposed for inspection purposes. Inspection requests: It is the duty of the person carrying out the work authorized by a permit to notify the Code Enforcement Division/Section/Unit in writing that such work is ready for inspection at least one working day before it is desired. Inspection record card: Work requiring a building permit should not commence until the permit holder have posted an Inspection Record Card (maintained until certificate of use and habitation has been issued) to allow the Code Enforcement Officer to conveniently make the required entries regarding inspection of the work. Approval required: The permit holder will give three (3) days notice in writing to the Code Enforcement Division/Section/Unit, indicating the part of the Building, or structure that would be ready for inspection in line with the Code. And if inspection does not take place as indicated in the notice within seven (7) days, the work is to proceed as if such inspection had been made. Required building inspections: Reinforcing steel or structural framework of any part of any building or structure is to be periodically inspected by the Code Enforcement Division/Section/Unit, and upon notification from the owner, or his agent, make the following inspections and either approve that portion of the construction as completed or notify the permit holder or his agent where it fails to comply with the Code. These are: (i) Foundation inspection (ii) Concrete slab or under-floor inspection (iii) Frame Inspection (iv) Final inspection Required building service equipment inspections General: All building service equipment for which a permit is required will be inspected by the Code Enforcement Division/Section/Unit. When the installation of any building service equipment is complete, an additional and final inspection will be made. Replacement of building service equipment: Inspection of such should be filed not more than 48 hours after such replacement work is completed, and before any portion of such is concealed by any permanent portion of the building. Other inspection: In addition to the above, other inspections of any construction work to ascertain compliance. SPECIAL INSPECTIONS General: In addition, the owner will request a special inspection or employ a special inspector during construction on the following types of work: (i) Concrete (ii) Ductile moment-resisting concrete frame (iii) Reinforcing steel and pre-stressing steel (iv) Welding (v) Structural masonry (vi) Insulation concrete fill (vii) Spray-applied fireproofing (viii) Piling, drilled piers and caissons (ix) Special grading, excavation and filling

SERVED ORDERS AND NOTIFICATION Contravention notice: Such order directs the discontinuance of the illegal action or condition and the abatement of the violation. Stop Work Order: The Stop Work Order in writing will be given to the owner of the property involved, state the conditions under which work will be permitted to resume. No further work is to continue unless the order is revoked, in writing. Quit premises order: Whenever any building or structure has been declared unsafe, dangerous and unsuitable for habitation, or is slated for demolition, or is being used in a manner as to constitute nuisance or hazard, the Code Enforcement Division/Section/Unit may order the building vacated by serving a Quit Premises Order on the owner, or any person occupying the building or structure. And can only be revoked upon complete abatement of the violation(s) or unsafe and dangerous conditions. Demolition Order: The Demolition Order Notice instructs the owner to remove the dangerous or defective structure within seven (7) days, at the expiration of which the building or defective structure will be removed and the cost of effecting the order recovered from the owner. Mode of Service Notices, Orders and other documents required or authorised by the provisions of the Code to be served on the owner or occupier of any premises should be properly addressed to the description of the “Owner” or “Occupier” of such premises without further name or description. Every Notice, Order, and other documents required or authorised by the Code to be served on any person may be served by: a. pasting in a conspicuous place on the premises with photographs taken; b. and by delivering same to the addressee in person; c. or if the person addressed with an Order Notice cannot be found within the city after diligent search, then such Notice shall be served by registered post, or certified mail to the last known address of such person; d. or by publication in the local daily papers.

CONNECTION TO UTILITIES Permanent connections: No person shall make connections from a source of energy, fuel or power to any building service equipment regulated by the technical codes and for which a permit is required until approved by the Code Enforcement Division/Section/Unit. Temporary connections: The Code Enforcement Division/Section/Unit may authorize the temporary connection of the building service equipment, fuel, or power for the purpose of testing building service equipment, or for use under a temporary certificate of habitation.

CERTIFICATE OF USE AND HABITATION New building: A building or structure will not be used in whole or in part until the certificate of use and habitation is issued by the Code Enforcement Division/Section/Unit. Building hereafter altered: A building or structure enlarged, extended or altered to change from one use to another, in whole or in part, and a building or structure altered for which a certificate of use and habitation has not been issued, shall not be occupied or used until the certificate has been issued by the Code Enforcement Division/Section/Unit, certifying that the work has been completed in line with the approved permit. Existing building: Provided there are no violations of law or orders of the Code Enforcement Division/Section/Unit pending, and it is established after inspection and investigation that the alleged use of the building or structure has existed, it is unnecessary to remove, alter or abandon, or prevent the continuance of, the use and habitation of a lawfully existing building or structure, unless such use is deemed to endanger public safety and welfare. Changes in use and habitation: After a change of use has been made in a building or structure, the re-establishment of a prior use that would not have been legal in a new building of the same type of construction, is prohibited and a change from one prohibited use, for which a permit has been granted, to another prohibited use, is a violation of the Code. Temporary habitation: Upon the request of the holder of a permit, the Code Enforcement Division/Section/Unit will issue a temporary certificate of habitation for a building or structure, or part thereof, before the entire work covered by the permit has been completed. Revocation: The Code Enforcement Division/Section/Unit may, in writing, suspend or revoke a certificate of habitation issued, whenever it is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure is in violation of any regulation of the Code.

RECOMMENDATION AND CONCLUSION From the foregoing extracts from the existing National Building Code, it is worthy of note that the establishment of the Code is a laudable project but its enforcement by all professionals in the building industry and all the stakeholders important, and address issues of building maintenance and post construction feedback. It was expected that the code should be implemented by all the States and local Governments of the Federation as regulations and bye-laws respectively, however, such is not the case. It is recommended for effective application of the Code that: Public awareness, compliance should be encouraged so that enforcement can be embarked upon in order to achieve the goal of the Code which is to stem the decay of the built environment.

REFERNCES National Building Code. 1st Edition 2006. LexisNexis. Butterworth. Taiwo, E.A (2010). Building Laws, Contracts and Administration. Oyweck Publication. Osun State, Nigeria. Bobadoye, A.O (2013). Lecture Notes on the National Building Code.