BUILDING AND CIVIL ENGINEERING (CONSTRUCTION) MATERIALS QUALITY CONTROL LABORATORY LAW

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BUILDING AND CIVIL ENGINEERING (CONSTRUCTION) MATERIALS QUALITY CONTROL LABORATORY LAW

ARRANGEMENT OF SECTIONS

1.     Establishment of a Quality Control Laboratory

2.     Functions of the Laboratory

3.     Technical Committee and its Composition

4.     Functions of the Committee

5.     Meetings of the Committee

6.     Proceedings

7.     Remunerations

8.     Secretary to the Committee

9.     Monitoring and Enforcement Unit

10.    Power to Delegate

11.    Materials to be tested

12.    Prohibition of Production

13.    Inspection

14.    Power to Enter and Examine

15.    Obstruction of Authorised Officers

16.    Fees

17.    Test Certificate

18.    Compliance with set standards of the Unit

19.    Register

20.    Offences and Penalties

21.    Summary Trial

22.    Interpretation

23.    Citation and Commencement

LAGOS STATE BUILDING AND CIVIL ENGINEERING (CONSTRUCTION) MATERIALS LAW

[COMMENCEMENT]                              [15TH MARCH, 2006]

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

1.      Establishment of a Quality Control Laboratory

(I)     There is established a Building and Civil Engineering Materials Quality Control Laboratory (referred to in this Law as “the Laboratory”).

(2)    The Laboratory shall¬-

(a)    be a body corporate with perpetual succession and a common seal;

(b)    hold, purchase and otherwise acquire, and dispose of movable and immovable property for the purpose of carrying out its functions under this Law.

(3)    The laboratory may sue or be sued in its corporate name.

Functions of the Laboratory

The Laboratory shall-

(a)    provide uniform control tests on building and civil engineering (construction) materials in line with the Standards Organisation of Nigeria standard;

(b)    perform analysis on samples submitted by persons or companies engaged in any construction of sub-structure or super-structure Building, Services and finishing of any building, road and its components, bridge, dam, jetty, culvert or channel drainage; in line with the policies of Standards Organisation of Nigeria Act;

(c)    issue certificate for tests carried out on samples of building and civil engineering materials submitted to it;

(d)    provide information and advisory services to support services provided by officials of the Ministry and other related agencies and institutions;

(e)    register all independent material testing laboratories; building and civil engineering material producers and manufacturers;

(f)     monitor the performance of independent material testing laboratories and ensure compliance with designated standard specifications; and

(g)    formulate policies of enlightenment campaign and awareness to producers, manufacturers, sellers and buyers of construction materials and the general public at large.

3.      Technical Committee and its Composition

(1)    The Laboratory shall be managed by a technical committee (referred to in this Law as “the Committee”).

(2)    The Committee shall consist of the following members-

(a)    the Permanent Secretary, Infrastructure (who shall be the Chairman);

(b)    the Director of the Laboratory (who shall be a Civil Engineer registered with Council for the Regulation of Engineering in Nigeria (COREN);

(c)    a Civil Engineer, representing the Nigerian Society of Engineers;

(d)    a Town Planner from the Urban and Regional Planning Board, not below grade level 16;

(e)    a Builder, representing the Nigerian Institute of Builders;

(f)     an Architect, representing the Nigerian Institute of Architects;

(g)    a Representative of the Manufacturers Association of Nigeria; and

(h)    the Secretary to the Laboratory.

4.      Functions of the Committee

(I) (a) To advise the State Government generally on national and State policies on standards, specifications, and quality control on building and civil engineering (construction) materials;

(b)    to designate, establish and approve standards in respect of building and construction materials;

(c)    to provide the necessary measures for quality control of building and construction materials in conformity with the Standards Organisation of Nigeria Act;

(d)    to determine the overall policy of the Laboratory in particular to the financial, operational and administrative programmes of the Laboratory and the committee and its execution.

(2)    The Commissioner may give the Committee directives of a general nature with regard to the exercise by the Committee of its functions, and it shall be the duty of the Committee to comply with the directives.

5.      Meetings of the Committee

The Committee shall meet whenever it is summoned by the Chairman, or if the Chairman is required to so do, by a notice given to him by the members, and he shall immediately summon a meeting of the Committee.

6.      Proceedings

The Committee shall have the power to regulate its proceedings.

7.      Remunerations

The non-ex-officio members of the Committee shall be paid such remuneration as the Governor may determine from time to time.

8.      Secretary to the Committee

The Secretary, who shall be a civil servant not below grade level 13, shall be the administrative officer of the Laboratory.

9.      Monitoring and Enforcement Unit

There is established a Monitoring and Enforcement Unit (referred to in this Law as the “Unit”), the composition of which shall be determined by the Committee, and the duties of the Unit shall be to-

(a)    inspect all construction materials on site to ensure compliance with designated standard specifications;

(b)    ensure the suitability of the foundation materials;

(c)    conduct regular control tests on all materials used for any construction;

(d)    ensure that materials used are in accordance with the specifications for the particular construction;

(e)    ensure that materials are properly stored, and protected from deterioration by organic materials;

(f)     enhance the development of local substitute for relevant imported building and civil engineering materials for use within the State;

(g)    encourage the use of locally produced civil engineering materials in the construction and maintenance of civil engineering structure works;

(h)    prescribe required equipment and machines for maintenance of building and civil engineering works;

(i)     provide assistance including fiscal measures for local entrepreneurs for the production of tools and equipment;

(j)     encourage the establishment of independent laboratory services in each Local Government Area of the State which shall be subject to the control and certification of the Laboratory;

(k)    monitor the production of building and general construction materials; and

(I)     apprehend any person who obstructs the operation of the enforcement unit or defaults in complying with the requirements under this Law, and to initiate the prosecution of such defaulter(s).

10.    Power to Delegate

The Unit shall have power to delegate any of its functions to any engineer registered with the Council for the Regulation of Engineering in Nigeria.

11.    Materials to be tested

Materials to be tested for quality shall include all materials and products for building and civil engineering works and other for quality materials and products which may be prescribed from time to time by the Commissioner.

12.    Prohibition of Production

A person or company shall not-

(a)    produce blocks, clay bricks/blocks, laterite production bricks/blocks, reinforcement, cement paints, aluminum profiles;

(b)    manufacture finished construction materials or products without obtaining quality control test certificates from the Laboratory or its authorised
agent.

13.    Inspection

The Unit shall carry out regular inspection of individuals and companies engaged in the production of building and Sgeneral construction materials at least once in every quarter.

14.    Power to Enter and Examine

Authorised officers of the Unit shall be permitted to enter and examine any place or site where building and construction materials are being produced or manufactured and used in order to assess the quality of products and work done.

15.    Obstruction of Authorised Officers

A person shall not obstruct or resist an authorised officer of the Laboratory in the execution of his duty under the provisions of this Law.

16.    Fees

The Committee shall determine all fees payable in respect of all tests carried out under this Law, and these fees may be reviewed from time to time.

17.    Test Certificate

Any person or company either private or public which engages in any building or civil engineering construction shall obtain the approved test certificates from the Laboratory and shall pay the prescribed fee, provided all tests shall be carried out within 30 days, otherwise samples shall be deemed to be in conformity with the standard of the Laboratory .

18.    Compliance with set standards of the Unit

All tests carried out by private laboratories shall be in conformity with standards set by the Unit and the Standards Organisation of Nigeria before the issuance of a certificate, and such tests must be conducted within 30 days or deemed granted.

19.    Register

The Laboratory shall keep a comprehensive register containing names, addresses and thumb impressions or signatures of building and general construction materials producers and manufacturers.

20.    Offences and Penalties

(1)    Any person or company (private or public) that engages in the manufacture of building materials and general construction material products who fails to obtain the approval of the Materials Unit or a test certificate through its agents, shall be guilty of an offence.

(2)    Any person or company found guilty under subsection (1) shall in the case of-

(a)    an individual, be liable to imprisonment for one year with an option of a fine of N25,000.00 (Twenty Five Thousand Naira) and the factory shall be closed down for three months.

(b)    a corporate body, be liable to a fine of not less than N200,000.00 (Two Hundred Thousand Naira) and shall have such manufacturing facility shut down for a period of not less than six months, or where the company is engaged in a contractual capacity with the Lagos State Government shall have the contract terminated or both; and

(c)    a public Company or Government parastatal, be liable to a fine of not less than N250,000.00 (Two Hundred and Fifty Thousand Naira) and the Chief Executive shall be suspended from office for a period of not less than six (6) months.

(3)    Any person or laboratory who issues a certificate without conducting a test in accordance with the provisions of this Law is liable on conviction to a fine not less than N25,000.00 (Twenty Thousand Naira) in the case of an individual, and N250,000.00 (Two Hundred Thousand Naira) in the case of a corporate body.

(4)    Any person or company found making use of uncertified building materials shall be liable on conviction to a fine not less than N 100,000.00 (One Hundred Thousand Naira) in the case of an individual, and N250,000.00 (Two Hundred and Fifty Thousand Naira) in the case of a corporate body.

(5)    Any person who wilfully obstructs, interferes with, assaults, or resists any officer or servant of the Enforcement Unit in the execution of his duty under this Law or who aids, induces or abets any other person to obstruct, interfere with, assault or resist any such officer or servant shall be guilty of an offence and liable on conviction to a fine of not less than N 100,000.00 (One Hundred Thousand Naira) or imprisonment for a period of not less than three (3) months or both.

21.    Summary Trial

Offences shall be tried summarily by the Magistrate Court in the Local Government Area of the State where the offence is committed, and the procedure applicable in the case of summary trial of offences before such court shall apply to the same extent for the purpose of trials for offences under this Law.

22.    Interpretation

In this Law, unless the context otherwise requires-
“Commissioner” means Commissioner for works and Infrastructure.
“Laboratory” means the building and civil engineering quality laboratory established under this Law.

23.    Citation and Commencement

This Law may be cited as the Building and Civil Engineering (Construction) Materials Quality Control Laboratory Law and shall come into force on the 15th day of March 2006.

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