A Bill to establish the Construction Materials Standardization Agency to standardize and control the use of materials for the construction industry in Nigeria has scaled first reading in the the House of Representatives.
The Bill, which among others, intends to check the unfortunate occurrences of collapsed buildings in the country, is sponsored by Hon. Gideon Gwani.
It proposes that the functions of the agency shall include enforcing compliance with laws, guidelines, policies and standards on construction materials matters; coordinating and liaising with stakeholders in Nigeria on matters of construction materials standards, regulation and enforcement; and enforcing compliance with all legislation or regulations on the importation, production, distribution, storage, sale, use of substandard or hazardous construction materials.
Others are enforcing through compliance monitoring of construction projects to adhere to regulations and standards set by the Agency and other relevant authorities; conducting construction material audit and establish data bank for the enhancement of enforcement mechanisms; and creating public awareness and providing education on sustainable construction industry management, promote public and private sector compliance and publish scientific data resulting from the performance of its functions.
On the procedure for quality control the Bill proposed that the agency shall ensure that all construction materials used in the construction industry must comply with the Nigeria Industrial Standards.
It proposes that every person who intends to use any material for the purpose of construction shall apply for certification to the Agency in a prescribed manner stating the name and particulars of the Engineer in charge of the construction.
It also proposed that the agency may charge such a fee as it thinks appropriate for any certificate.
The Bill prescribes that the Director-General may upon being satisfied that the quality of any construction material is substandard and hazardous to life, property and unfit for construction purposes, may seize and detain such materials for such a time as may be reasonable, but not exceeding 90 days without a court order, for the satisfaction of, and compliance with the Bill.
The Director-General may also prohibit any person from selling or offering for sale the suspicious materials; apply to court for an order of forfeiture of such materials; seal up the premises where such materials are to be used; or direct the person to rectify the deficiency in the case of a substandard misdescribed or hazardous materials subject to such conditions as may be imposed.
The Bill also proposed that the court may order that any material seized which is hazardous or injurious to life shall be destroyed or disposed of in such a manner as it thinks fit.
It further proposes that the agency may order the destruction of materials detained if testing indicates that the material does not meet the relevant Nigerian Industrial Standard.
“It is reasonably necessary to destroy the materials because they are dangerous to human life and property;
“The owner of the materials pay the cost of the destruction of the materials including the cost of transporting and storing the materials before destruction; and
“At least 14 days notice of the order is given to the owner of the materials by a written notice or by publishing a written notice in the Gazette,” it proposed.
It stipulates that a person who obstruct an officer of the agency in the performance of his duties commits an offence and is liable on conviction to a fine of at least N200,000 for an individual or to imprisonment for a term of at least one year or both and an additional fine of N20,000 for each day the offence subsists.
In the case of a body corporate, it shall be liable to a fine of N2,000,000, on conviction and an additional fine of N200,000 for every day the subsists.
It also proposes officials of the agency can enter and search with a warrant issued by a court, any premises which they reasonably believe carries out activities or stores materials which contravene the provisions of the Bill.
It would also empower the agency to open and examine any container or package which is reasonably believed may contain anything to which the Bill or its regulation apply or which may help in investigations.
The agency would also be empowered to seize and detain for such time as may be necessary for the purpose of the Bill, any materials by means of or in relation to which it reasonably believes any provision of the Bill or the regulation has been contravened and an order of the court to suspend activities, seal and close down the premises.
“A written receipt shall be given to any material seized under subsection (1) and the reason for such seizure shall be stated on such receipt. A material seized under this Bill shall be kept or stored in such a place as the officer of the agency may direct and shall be returned to the owner or the person from whom it was seized if the material upon analysis or examination is found to conform to the requirements of this Bill or regulations made under it,” the Bill reads.
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