CONTRACTOR’S CODE OF CONDUCT REGISTRATION FORM (Incorporating Rules and Conditions regarding Building Contractor Activity) INTRODUCTION The intention of these rules is to ensure that all building activity in Silver Lakes is conducted with the minimum amount of inconvenience and disruption to Silver Lakes and its community. LEGAL STATUS The rules and regulations as set out in this document and in the Silver Lakes Community Participation Rules and Regulations (hereinafter referred to as the “Rules") are binding on all Owners and Residents who undertake any building activity, and their Contractors and their workers, Sub-Contractors and their workers and any other parties who are on the Estate at the invitation of any of the aforementioned (all a foregoing hereinafter referred to as "Contractor"). Such Owners / Residents are required to include these Rules, in their entirety, in any building contracts concluded in respect of any property on the Estate and are required to counter sign this Contractor’s Registration Form. Owners, Residents and Contractors shall be obliged to submit such contracts, when so requested, for prior approval by the Silver Lakes Homeowners Association (hereinafter referred to as the "HOA"). All Owners and / or Residents are obliged to ensure that their building Contractors are made aware of these Rules and abide by them. The HOA has the right to suspend any building activity that is in contravention of any of its Rules and shall not be liable for any losses or damages of whatsoever nature sustained by an Owner, Resident or Contractor as a result of such suspension or enforcement of the Rules. 1. BUILDING PLANS No building activity may commence until all building plans pertaining to the relevant development have been passed: by the Architectural and Aesthetic Committee (AAC) of the HOA and Tshwane Local Municipality (TLM) 2. CONTRACTOR'S DEPOSIT All Building Plan Approval applications together with the relevant plan application fee shall be accompanied by a completed Contractor’s Registration Form together with a Contractors deposit of R6000.00 or such other amount as determined by the HOA from time to time, payable in cash or by cheque. Construction, whether additions to an existing house or the construction of a new dwelling, shall not commence until the aforementioned deposits have been paid to the HOA. All building sites will be inspected daily and should any of the Rules be breached then a notice of warning will be delivered, faxed or e-mailed to the Contractor concerned requiring him to remedy such breach within such reasonable time as stipulated on the warning notice. If the Contractor fails to remedy such breach within the stipulated period, then the HOA will rectify the breach on the Contractors behalf and deduct the cost of rectifying such breach and the subsequent fine from the Contractors deposit. The deposit minus any deductions as provided for herein shall be refunded to the owner once the HOA has satisfied itself that the Contractor has fulfilled all of its obligations in terms of the Rules. 3. OHS ACT 85 OF 1993 3.1 In accordance with Legislation (Occupational Health and Safety Act 85 of 1993 and the Construction Regulations promulgated there under, the owner/client must ensure that the Principal Contractor complies with the Health and Safety requirements during the scope of works being carried out on site 3.2 The Construction Regulation 5(1)(o) states the following: A Client must ensure that periodic health and safety audits and document verification are conducted at intervals mutually agreed upon between the Principal Contractor and any Contractor, but at least once every 30 days. 3.3 The Construction Regulation 7. (1)(b) states the following: A principal contractor must open and keep on site a health and safety file, which must include all documentation required in terms of the Act and these Regulations, which must be made available on request to an inspector, the client, the client’s agent or a contractor. In this regard, Universality Health, Safety and Environmental Law has been appointed to check that all construction works being carried out on site will comply with the requirements, ensuring that Health and Safety Audits is performed at least every 30 days. The principal contractor will need to maintain an 85% pass rate for the duration of the contract. The principal contractor must also ensure that all sub-contractors are appointed in writing and all Health and Safety regulations are being adhered to. In the case of non-compliance, Silver Lakes Management will have no choice but to stop all building activities until the non-conformances has been rectified, and proof thereof must be provided by the Health and Safety professionals appointed by Silver Lakes HOA. This is a precautionary measure to prevent possible legal liability to the Home Owner and the HOA. Note that the Principal Contractor must make provision for Health and Safety cost as per the Construction Regulation 5(1)(g) The Client to ensure that potential Principal Contractors submitting tenders have made adequate provision for the cost of Health and Safety measures. OHS Compliance certificate to be submitted to SLHOA Compliance Officer before commencement of construction. 4. COMPENSATION REGISTRATION ACT 130 - 1993. The Contractor shall maintain a valid registration with the Compensation Commissioner or with a licensed Compensation Insurer as required in terms of the Compensation for Occupational injuries and Diseases Act 130 0f 1993. Proof of which (letter of good standing) submitted to SLHOA Compliance Officer before commencement of construction. 5. NHBRC CERTIFICATE & ENROLEMENT ACT 95 OF 1998 The Consumers Protection Measures Act requires all persons in the business of constructing homes to be registered with the NHBRC. Utilizing the services of an unregistered builder is in contravention of the Act and exclude the housing consumer from the protection by law and the NHBRC. Proof of registration to be provided to the SLHOA upon submission of the Contractors registration forms HOURS OF WORK Unless otherwise arranged with the HOA’s appointed representative, Contractor activity including deliveries are limited to the following hours: Monday – Friday: 07:00 to 18:00 Saturday: 08:00 to 13:00 Notwithstanding the above, no Contractor activity or deliveries shall be permitted on Sundays and Public Holidays. In addition to the restriction on building hours contained above, the Contractor may not conduct any activity on any site within the Estate during the December closure period, which is determined by the HOA. 6. SITE PREPARATION 6.1 In accordance with Legislation (Occupational Health and Safety Act 85 of 1993 and the Construction Regulations promulgated there under, the owner/client must ensure that the Principal Contractor complies with the Health and Safety requirements during the scope of works being carried out on site 6.2 No construction may commence unless: (i) The water connection is installed and connected on site and (ii) The authorised HOA representative has approved the erection and positioning of the site toilet. Entrance to the site toilet shall be properly screened. (Only chemical site toilet permissible). (iii) The site is screened as per annexure B. 6.3 Only one building board complying with the HOA specifications may be erected per site (refer to Annexure A). Such boards are to be erected within the boundaries of the site and may not stand or protrude onto the pavement. Sub-Contractor boards are not permitted. All boards shall be removed after the completion of construction. The HOA reserves the right to remove all unauthorised building / notice boards. 7. CONTRACTOR PERSONNEL 7.1 Contractor personnel shall under no circumstances be permitted to remain on the building site between 18:00 and 7:00 or on Sundays, Public Holidays or during the December closure period. 7.2 All contractors and their workers will only be allowed to enter/exit the Estate through the turnstiles at the entrance gates with an approved Contractor’s access card to be purchased from the HOA or alternatively with a temporary one-day access clearance pass. Such one-day pass is available from the Hans Strijdom Security Gate by producing a valid ID document. Security, access controls and security procedures may be revised from time to time. (Security department procedures). 7.3 Only contractors and their workers who are in possession of legitimate Identity Documents will be allowed access to the Estate. In the event that any worker without legitimate identity (illegal workers) is apprehended on the Estate then all workers of such Contractor responsible for bringing such illegal workers into the Estate, will be denied access to the Silver Lakes Estate. 7.4 Contractors and their workers are not permitted to walk between the construction site and entrance Gates or to leave their building site and walk around the Estate. 7.5 If any Contractor is found disturbing, endangering or removing any animal, fish or birdlife on/from the Estate, or is found pilfering, stealing or removing material or goods without the necessary permission or is involved in any form of violence, the Contractor will be removed from the site and be denied future access to the Estate and to undertake any further work on the Estate. 7.6 Fires for cooking or any other purposes are not permitted. 8. SITE CLEANLINESS 8.1 Building sites are to be kept clean (within reason) at all times in accordance with the HOA’s standards. If a Contractor fails to keep the building site clean according to these standards, then he may be prohibited from continuing any further work on the site until such time that the site is brought up to acceptable standards and neatness as determined by the HOA. 8.2 The Contractor shall ensure that the road in front of sites shall be cleaned daily of sand and rubble. 8.3 The Contractor must provide facilities (“Waste tech” / skip container or similar) on the site for rubbish and or rubble disposal and shall ensure that the workers use this facility. Rubbish and or rubble shall be removed weekly on Fridays and may not be burnt or disposed of on the Estate. Waste of any kind shall not, under any circumstances, be dumped on adjacent stands, pavements or other open spaces or anywhere on the Estate. 8.4 It is the responsibility of Contractors to ensure that no materials are stored on the pavement or road. Off-loaded materials which encroach onto the pavement or road, shall be moved by the Contractor to within the boundaries of the site immediately after delivery. 8.5 No building materials may be stored on the golf course, or any public or common area, or on adjacent erven, without prior written consent of the authorised HOA representative and other landowners affected. 8.6 Contractors performing building work on site must ensure that the streets are left clean and free of sand etc when leaving the building site. Ensure a long enough hosepipe is available on site to enable this cleaning process of truck wheels. This also applies to the service provider during deliveries. 8.7 The HOA cannot afford the continued consequence of these service providers spoiling the clean roads on the Estate. We recommend that you: Wash down wheels of vehicles on site before leaving site. Postpone deliveries / collection on rainy days. A minimum fine of R500,00 for the 1st offence may be issued if the above is not complied with. 9. DAMAGE TO PROPERTY The Owner and the Contractor will be held responsible for any damage caused during the building process to any property including but not limited to kerbs, manholes, plants and / or damage to private or Estate property. The HOA shall in its sole discretion determine the nature, extent and value of such damages. 10. GENERAL 10.1 The speed limit on the Estate is 40 km/h and in the Game Reserve 30km/h. Speeding and reckless driving will not be tolerated. Due care shall also be taken by all drivers of vehicles not to block or hinder the free flow of traffic on roads. All traffic signs will be adhered to at all times. 10.2 The Contractor acknowledges he is aware that the Estate is a security Estate and shall at all times adhere to the security regulations and controls, and shall co-operate with the HOA and security personnel so as to maintain security on the Estate. The Estate Security personnel have and reserve the right to subject vehicles and or persons entering and exiting the Estate to a search. 10.3 Contractors shall endeavour whenever possible to limit inconvenience to Residents and limit unnecessary noise, dust creation and the like. 10.4 Should the HOA have any reservations with regard to the conduct of a Contractor, the HOA reserves the right to suspend all building activity without prior notice and free of any recourse from the Owner or Contractor until such conduct is rectified to the satisfaction of the HOA. 10.5 All Owners and Contractors shall observe and adhere to any further rules and regulations which may be introduced from time to time. 11. FINES AND PENALTIES Any owner or Contractor who contravenes or fails to comply with any of the provisions of there Riles, or any conditions imposed or directions given in terms of these Rules, shall be deemed to have breached these Rules and shall be subject to any penalties including fines, imposed by the HOA. REGISTRATION DETAILS OF CONTRACTOR Please tick applicable box: Has the Contractor been appointed? YES Yes NO No Owner takes full responsibility for contractor’s responsibilities, until appointed. Owner will ensure contractor receives, completes, signs and dates a contractor registration form as soon as appointed and submit to SLHOA for record and control. If the Contractor has been appointed, please complete the details below. CONTRACTOR DETAILS Company Name: Phone Number: Contact Person: Fax Number: Email Address: Signature: Date: I have read and understand all of the above and agree to observe and be bound thereby. OWNER DETAILS Name: Phone Number: Stand Number: Email Address: SIGNATURE STAND OWNER / RESIDENT: DATE: CONTRACTOR SIGNATURE: DATE: REQUEST TO USE EXPLOSIVES ON THE ESTATE OWNER DETAILS Name: Stand: Phone Number: Street Address: I hereby request permission to use explosives on the above-mentioned property. We understand it is to remove rock (non-pickable and/or hard rock) where the required trench is being dug. We herewith undertake to comply with the following before any explosives may be used on the estate as: Approach and inform all the neighbors in the immediate surrounding area to get their consent. Properly documented and in writing. Only a qualified and reputable surface blaster who is officially certified and in good standing with the regulating authority may be appointed to perform the relevant work. Certified proof of such qualification must be provided and attached to this notice. A crack defect survey must be performed at all the immediate surrounding neighboring properties. Properly documented. Silver Lakes Homeowners Association (SLHOA) will not be held responsible/liable for any damages/claims resulting from this procedure. The abovementioned owner will be held fully liable in this regard. The South African Police Services (SAPS) must be informed of the date, time and place that blasting will be performed. Homeowner also needs to comply with any requirement requested by SAPS. Appropriate clearances are to be obtained from the Security Manager of Silver Lakes no less than 48 hours prior to commencement of any blasting operations. The proper safety precautions to be followed at all times including during blasting. Above documents to be submitted to the SLHOA for perusal and to be placed on record that all parties involved are satisfied and agree that all necessary precautions have been taken. Together with confirmation, homeowner will under no circumstances hold SLHOA liable for any claims arising from blasting. Owner's Signature: Date: ANNEXURE C Site Induction - Building Contractors To be completed by the appointed Building Contractor prior to commencing any building work and/or site establishment (applicable to new Residence and/or Alterations). The Homeowner hereby authorizes the Main Building Contractor to appoint any sub-contractors to perform building work on this property on the estate. CONTRACTOR DETAILS Name: Stand Number: Type of Work: Phone Number: Street Address: Email Address: BUILDING CONTRACTOR Name: Mobile Number: Office Number: Email Address: I herewith undertake to arrange an appointment with the HOA Compliance Officer Mr. Wimpie Van Der Walt on (012 809 0142 / 083 305 1966) to clarify site requirements (non-technical) as per the Contractors Registration Form and Estate Rules, See site induction checklist. Date: Signatures: Homeowner: Date: Building Contractor: Date: Security Admin Office: Date: This section to be completed by the Compliance Officer (Mr. Wimpie Van Der Walt): Herewith it is confirmed that the Building Contractor was fully briefed as per the Contractors Registration Form requirements & Estate Rules. Copies sent to Security Admin Department and Aesthetics Department. Compliance Officer: Date: Commencement Date: SITE INDUCTION CHECKLIST 1. Approved Plans YES 2. NHBRC Certificates for Principal Contractor YES 3. Barricading / Netting YES 4. Chemical toilet correctly installed YES 5. Builders shed YES 6. Audited health and safety file by SLHOA appointed service provider YES 7. Builder’s construction board YES 8. “Skip” for building rubble/Bin YES 9. Water connection YES 10. Compensation registration number YES Note: No construction work/access for workers will be allowed without all the above being complied with. Contractors Signature: Date: CEO: Date: HOA Compliance Officer: Date: Wimpie Van Der Walt Compliance Officer 082 692 2085 ANNEXURE D The Occupational Health & Safety Act, 85 of 1993, imposes certain duties on employers, self – employed persons and on employees with respect to places of work. The HOA of Silver Lakes Golf Estate would like to bring certain sections of The Act to the attention of all home owners, namely Section 8; 9; 14; 15 and 24. Directly quoted from the Occupational Health & Safety Act, 85 of 1993: SECTION 8. General duties of employers to their employees – (1) Every employer shall provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of his employees. (2) Without derogating from the generality of an employer's duties under subsection (1), the matters to which those duties refer include in particular- the provision and maintenance of systems of work, plant and machinery that, as far as is reasonably practicable, are safe and without risks to health; taking such steps as may be reasonably practicable to eliminate or mitigate any hazard or potential hazard to the safety or health of employees, before resorting to personal protective equipment; making arrangements for ensuring, as far as is reasonably practicable, the safety and absence of risks to health in connection with the production, processing, use, handling, storage or transport of articles or substances; establishing, as far as is reasonably practicable, what hazards to the health or safety of persons are attached to any work which is performed, any article or substance which is produced, processed, used, handled, stored or transported and any plant or machinery which is used in his business, and he shall, as far as is reasonably practicable, further establish what precautionary measures should be taken with respect to such work, article, substance, plant or machinery in order to protect the health and safety of persons, and he shall provide the necessary means to apply such precautionary measures; providing such information, instructions, training and supervision as may be necessary to ensure, as far as is reasonably practicable, the health and safety at work of his employees; as far as is reasonably practicable, not permitting any employee to do any work or to produce, process, use, handle, store or transport any article or substance or to operate any plant or machinery, unless the precautionary measures contemplated in paragraphs (b) and (d), or any other precautionary measures which may be prescribed, have been taken; taking all necessary measures to ensure that requirements of the Act are complied with by every person in his employment or on premises under his control where plant or machinery is used; enforcing such measures as may be necessary in the interest of health and safety; ensuring that work is performed and that plant or machinery issued under the general supervision of a person trained to understand the hazards associated with it and who have the authority to ensure that precautionary measures taken by the employer are implemented; and causing all employees to be informed regarding the scope of their authority as contemplated in section 37 (1) (b). SECTION 9. General duties of employers and self-employed persons to persons other than their employees (1) Every employer shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that persons other than those in his employment who may be directly affected by his activities are not thereby exposed to hazards to their health or safety. (2) Every self-employed person shall conduct his undertaking in such a manner as to ensure, as far as is reasonably practicable, that he and other persons who may be directly affected by his activities are not thereby exposed to hazards to their health or safety. SECTION 14. General duties of employees at work – Every employee shall at work- take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions; as regards any duty or requirement imposed on his employer or any other person by this Act, co-operate with such employer or person to enable that duty or requirement to be performed or complied with; carry out any lawful order given to him, and obey the health and safety rules and procedures laid down by his employer or by anyone authorized thereto by his employer, in the interest of health or safety; if any situation which is unsafe or unhealthy comes to his attention, as soon as practicable report such situation to his employer or to the health and safety representative for his workplace or section thereof, as the case may be, who shall report it to the employer; and if he is involved in any incident which may affect his health or which has caused an injury to himself, report such incident to his employer or to anyone authorized thereto by the employer, or to his health and safety representative, as soon as practicable but not later than the end of the particular shift during which the incident occurred, unless the circumstances were such that the reporting of the incident was not possible, in which case he shall report the incident as soon as practicable thereafter. SECTION 15. Duty not to interfere with, damage or misuse things - No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety. SECTION 24. Report to inspector regarding certain incidents – (1) Each incident occurring at work or arising out of or in connection with the activities of persons at work, or in connection with the use of plant or machinery, in which, or in consequence of which- any person dies, becomes unconscious, suffers the loss of a limb or part of a limb or is otherwise injured or becomes ill to such a degree that he is likely either to die or to suffer a permanent physical defect or likely to be unable for a period of at least 14 days either to work or to continue with the activity for which he was employed or is usually employed; a major incident occurred; or the health or safety of any person was endangered and where a dangerous substance was spilled; the uncontrolled release of any substance under pressure took place; (4) machinery or any part thereof fractured or failed resulting in flying, falling or uncontrolled moving objects; or (5) machinery ran out of control, shall, within the prescribed period and in the prescribed manner, be reported to an inspector by the employer or the user of the plant or machinery concerned, as the case may be. (2) In the event of an incident in which a person died, or was injured to such an extent that he is likely to die, or suffered the loss of a limb or part of a limb, no person shall without the consent of an inspector disturb the site at which the incident occurred or remove any article or substance involved in the incident there from: Provided that such action may be taken as is necessary to prevent a further incident, to remove the injured or dead, or to rescue persons from danger. (3) The provisions of subsections (1) and (2) shall not apply in respect of – a traffic accident on a public road; an incident occurring in a private household, provided the householder forthwith reports the incident to the South African Police; or in any accident which is to be investigated under section 12 of the Aviation Act, 1962 (Act No. 74 of 1962) (4) A member of the South African Police to whom an incident was reported in terms of subsection (3) (b), shall forthwith notify an inspector thereof. These sections of The Act must be complied with in conjunction with the Construction Regulations. The guidelines and regulations set out in the SILVER LAKES HOA AESTHETIC AND ARCHITECTURAL COMMITTEE PLAN APPROVAL APPLICATION document handed to the home owner who wishes to build or renovate must be adhered to. Ensure that the Site Preparation under clause 4 is fully adhered to. The HOA will not carry any liability concerning any injury sustained, by any person, on private property within the Estate. Building works are to be carried out in a safe manner, if a situation may arise where the construction is deemed unsafe, all building and construction works to be stopped immediately and may only commence once the construction is once again safe. CONFIRMATION OF HOMEOWNER HAVING READ THE ABOVE GIVEN AS GUIDANCE FROM THE HOA: I, the property owner of Stand hereby confirm that I have read and is aware of the above legislation, given as good guidance by the HOA. AUTHORISED SIGNATORY: DATE: Click here to upload any supporting documentation SLHOA We are committed to protecting your privacy ensuring that your Personal Information is collected and used properly, lawfully, and openly for the following purpose: Contractors Code of Conduct Application Form We confirm that your Personal Information collected will be used and disposed of as is required by the Protection of Personal Information Act No. 4 of 2013 (POPI Act).
