Extraordinary Federal Republic of Nigeria Official Gazette No. 51 Lagos - 16th April, 2018 Vol. 105 Government Notice No. 52 The following is published as supplement to this Gazette : SL No. Short Title Page 8 COREN—Regulation on the Contruction Industry... B87-96 Printed and Published by The Federal Government Printer. Lagos. Nigeria FGP 71/62018/1,200 ‘Annual Subscription from Ist January: 2018 is Local :N45,000.00 Overseas : N60,500.00 [Surface Mail] 75,000.00 [Second Class Air Mail]. Present issue 81,000 per copy. Subscribers who wish to obtain Gazette after tst January should apply to the Federal Government Printer, Lagos for amended Subscriptions.B87 COUNCIL FOR THE REGULATION OF ENGINEERING IN NIGERIA REGULATION ON THE CONSTRUCTION INDUSTRY ARRANGEMENT OF REGULATIONS: Regulation 1. Application to the following Construction. 2. Registration. 3. License by COREN. 4, Consultation on Works and Services. 5. Explicitly provision for training by public sector. 6. Design of Major Engineering works to be carried out in Nigeria. 7. Award of Contracts an Value. 8. Training Components. 9, Cross-Checked of all Drawings. 10. Copy of stamped drawings to be kept on site. 11. Building/Construction. 12. Infrastructural projects. 13. Execution of Construction works. 14. Completion of Form-PCF A by the client. 15. Works to be carried out by approriate engineering personnel. 16. Investigations and reports. 17. License to practice. 18. Tamper Resistant for Power installation. 19. Program for maintenance. 20. Dual fittings in newly contructed apartments. 21. Duct system to accomodate both power fiber and or telephone system. 22. Microwave Dishes for point to point communication. 23. Materials, Equipment, Construction Test and Codes. 24. Construction professional development and Industry training. 25. Withdrawal of professional services. 26. Safety Engineering and Regulation Enforcement. 27. Compliance. 28. Approval of all sections of the works. 29, Regular site visit,). Remuneration, . Registration of Personnel and details. . Supervision, record keeping, materials and workmanship. . Handing over of construction documents to the owner. |. Building or Engineering collapse. . Penalties. ;. Contravention and prosecution. . Interpretation. . Citation.S. I. No. 8 of 2018 COUNCIL FOR THE REGULATION OF ENGINEERING IN NIGERIA REGULATION ON THE CONSTRUCTION INDUSTRY [10th Day of April, 2018] Pursuant to the powers conferred upon it by Sections 1(d), 11(3), 21(c) and paragraph 2(1) of the First Schedule to the Engineers (Registration, etc) Act, Cap. E11 2004, and all other powers enabling it in that behalf, the Council for the Regulation of Engineering in Nigeria (hereinafter referred to as “COREN”) hereby makes the following Regulations— 1. This regulation shall apply to the following constructions— (a) Single Storey (bungalow) building in a water logged areas ; (8) Buildings of two-storeys and above including fall structures and factory/warehouse building ; (c) Bridges ; (@) Culverts ; (e) Hydraulic Structures such as Jetties, Quay Walls, Wharves, Cofferdams ete. ; (f) Highways, Railways and Airways (Runway, Taxiway, Apron ete) and all their adjoining Structures ; (g) Road Infrastructure (Roads, Bridges, Interchanges, Water Supply, Wastewater Collection, Treatment and Disposal, Storm water, Street Lighting, Power and Telecommunications) ; (h) All forms of construction for the provision of infrastructures including power plants, dams, irrigations ete. ; (i) All other Engineering works that require the use of concrete, that is, heavy equipment/machinery foundations, telecommunication masts and similar structures ; and (j)Any works with Engineering content in excess of 35%. 2. All Engineering Personnel and Consulting Firms operating or wishing to operate in Nigeria shall register with COREN to practise. 3. All Corporate Organizations, Multi-nationals, Parastatals or Industries employing engineering skills shall also be licensed by COREN for the purposes of — (a) Enforcement of the provision of local content in terms of Nigerian Engineering Personnel ; and (0) Effective Engineering Regulations Monitoring. B89 Commence ment. Application to the folloing Construction Registration. License by COREN.B90 Consultation on Works and Services. Explicitly provision for training by public sector. Design of Major Engineering ‘works to be carried out in Nigeria. Award of contracts and value, Training Components. Cross- Checked of all Drawings. Copy of stamped drawings to be kept on site, Buildings! Construct 4, All Engineering works and services shall have consultant appointed for both the design and supervision. 5. Major Engineering contracts in the public sector shall provide explicitly fora training component that will ensure full and active participation of Trainee Engineers and Engineering Technologists in the SIWES and SITSIE programmes. 6. The design of these major Engineering contracts’ facilities shall be carried out in Nigeria. 7. Award of Contracts and value— (a) All Engineering works and services up to N2.5 billion shall be exclusively reserved for indigenous engineering firms. Provided always that the N2.5 billion benchmark shall be subject to review on regular basis. (6) Where in the opinion of the owner the expertise required is beyond the engineering capability of the Nigerian Firms, a Foreign Firm shall be required to partner with a Nigerian Firm acceptable to the owner in the execution of the project. 8. All major Engineering Contracts shall havea training component for the training of Engineering Personnel. 9. All the drawings for the Works shall be duly cross-checked and endorsed by a duly Registered Engineer with current Practicing Licence. 10, A copy of the stamped drawings shall be kept on site for inspection purposes. AL. Building/Construction— (@ Structures/Civil Works. —These shall be given solely to Nigerian contractors. (b) External/Civil Works.—These aspects of the Works/section shall be given to Nigerian Contractors. (c) Air-Conditioning Services.—These services shall be given to Nigerian contractors. (@) Electrical Services —These services shall be given to Nigerian Contractors.(©) Piped Services.—Alll piped services for water supply, drainage, fire- fighting and all its associated equipment shall be contracted to Nigerian contractors. 12. These include the following amongst others— (a) Roads (Trans-African High Way, Primary Road, Secondary Road) and Bridges such as rural, urban, trans-boarder road, etc., (6) Rail Transportation and all its associated works such as signalling, services, ete., (c) Water Transportation including sea ports and inland water ways resources such as dead, waste treatment, distribution in rural, urban, etc., (d) Drainage sewage system, sewage treatment plant in rural, urban and cities, (e) Electricity, Power System such as generation, transmission and distribution, (f) Air Transportation including airports, timer, track, ete., (g) Oil and Gas Transportation including pipeline design generation and storage. Road, bridges, water transportation including sea ports, drainage, sewage system, etc. and all items listed in paragraphs 12a, 12c and 12d shall be given to Nigerian professionals to execute. 13. Construction works of all items mentioned under paragraphs 11 and 12 shall be awarded to COREN Registered/Licensed Professionals for execution. 14. At the commencement of the Works, COREN Form-PCF A shall be completed and submitted by the Client or the official representative of the owner/developer to the Council. 15. All Sections of the Works shall be duly carried out by appropriate Engineering personnel. 16. All site investigations including soil/geotechnical and reports shall be carried out by professionals recognized by COREN for such services. 17. A licensed Engineering Firm shall be chosen to undertake contracts in the area of its speciality. Similarly an Engineer, Engineering Technologist, Engineering Technician and Engineering Craftsman shall undertake works/ services in the area he/she is licensed to practise. 18. In Electrical power installation for future buildings, all electrical socket and plug must be made Tamper Resistant. BO Infrastruc- tural Projects. Execution of Construction works. Completion of Form- PCF A by the client. Works to be carried out by approriate Engineering personnel. Investigations and Repors. License to practice, Tamper Resistant for Power installation.B92 Program for maintenance. Dual fittings in newly contructed apartments. Duet system to accomodate both power fiber and or telephone system. Microwave Dishes for point to point ‘communica- tion, Materials, Equipment, Construction Test and Codes. 19. Public and commercial buildings must implement programs to maintain facility assets in the most efficient and effective manner in order to meet or exceed asset life expectancy. Integrity test must be carried out periodically on the Electrical installations and certificate of fitness issued every four (4) years by a licensed Engineer or Engineering firm to ascertain the installation is still in proper condition. 20. All newly constructed apartment shall have dual fittings which will serve both power and fiber connections. The fiber connection will be used for ftth-fiber to the home. 21. There shall be provision in the duct system of the house to accommodate both the power fiber and or telephone system. 22, ForNew Projects, all high-rise buildings (more than 7-storeys/loors) shall have on its rooftop a space for mounting Microwave dishes for point to point communication, 23, Materials, Equipment, Construction Tests and Codes— (a) Materials and equipment shall be tested in accordance with standard codes, with records properly kept and made available when required. These include ; (i) Structural elements, concrete cube/cylinder test, etc. (ii) Concrete cube/cylinder tests shall be carried out on all the elements of the works by the relevant licensed practitioner and failure to meet the 7-day strengtht test is an indication of poor work. Such section of works shall be demolished immediately and replaced at the expense of the Contractor. (iif) The source of materials for the works (especially the frame up including the roofing shall be approved by the relevant licensed practitioner). (iv) The steel to be used for reinforced concrete works shall have strength not below 410MPa (410kN/mm*), (v) For building above 2-storeys and other Civil Engineering works, the minimum conerete strength shall be 25MPa (25N/mm)..(6) Electro-mechanical, Chemical Equipment, Machineries and others. All materials, equipment, installation and construction shall follow the specified tests, standards and codes of practice as stated hereunder— (i) Nigerian Building Code ; (ii) The Standard Organisation of Nigeria (SON) ; (iii) NSE Institution Division Code of Practise : iv) The National Electrical Code (NEC) ; (vy Nigerian Electricity Regulatory Commission (NERC) ; ‘The Council shall recognize the codes of practice as given by the following international bodies— (vi) The IEE (vii) The ASHRAE (viii) The ASME (ix) The NEHA (x) The CIBSE (xi) The ASCE (sii) The British and American Building and Engineering Codes of practice including those of their institutions/divisions. All Contractors, Consultants and Engineering personnel shall be chosen toundertake contract in the area of its/his/her specialization and shall be duly licensed to operate in accordance with regulations of any of the institutions stated above. 24. Continuing Professional Development And Industrial Training— (a) Continuing Professional Development.—Continuing Professional Development (CPD) with appropriate points as approved by the various NSE, NATE, NISET, NAEC institutions including ACEN shall be allocated for all forms of training, workshop, seminars and conferences/programs organized to update engineering personnel in the country. This shall form the basis for renewal. (6) Industrial Training.—Every firm/company handling project of magnitude listed in paragraphs 5 and 7 where completion period is more than nine months but less than 18 months shall engage at least five (5) Industrial Training (IP) students per discipline from relevant institutions from its immediate project location or geopolitical zone. However, where the project duration exceeds 18 months, the Firm/ Company shall in addition also engage also at least five (5) graduate interns per discipline for minimum of 18 months. (c) Log Book.—Industrial Training students and interns shall have their log books duly signed by COREN visiting team, Supervising Engineer and Managing Director of the firm. The Graduate interns detail report shall B93 Construction. professional development and Industrial training.B94 Withdsawal of professional services... Safety Engineering Regulation Enforcement. ‘Compliance. consist of 50% of what is required for their registration as set out by the existing standards. 25. Withdrawal of Professional Services— (@ An Engineering personnel or firm is not allowed to render professional services in a situation where one or more members of the team are not professionally registered with their professional regulatory bodies. If this is observed and confirmed, the Engineering personnel or firm shall formally tender their letter of withdrawal from such project. (0)A Registered Engineering personnel or firm is not allowed to render professional services in a situation where “Free Engineering” is used as proffered services by product/materials manufacturers’ representative as a proprietary interest. If this is observed and confirmed, the personnel or firm shall formally withdraw from such project, otherwise the firm and personnel shall face the risk of disciplinary action in case of failure, lack of, professional competence, integrity, deceptive acts, reputation, health, safety and welfare of the public on the project. (c) No Engineering Personnel or Engineering Consultant shall give an opinion or offer services free of charge to the public or private sector or to any other organization including those limited by guarantee. 26. All Engineering Works for execution shall include the engagement ofan Engineering Safety Consultant who shall, among other safety items— ( Design all safety programmes including bye-passes for road jobs. (ii) Design and cause to produce all necessary safety sign posts. (iii) Display or cause to display all safety sign posts in strategic locations. (iv) Ensure the use of all PPE gadgets including eye glasses for welders. (@) Ensure all visitors to the site are supplied with adequate and necessary PPE during site visits/inspections. (vi) Compile a Safety Report monthly and a copy to be forwarded to COREN. 27. There shall be a Regulation Compliance Committee or division in COREN to ensure the following amongst others— (a) That BPP laws and local content acts are complied with. (6) That COREN, ACEN, NSE, NATE, NISET, NAEC are represented at the opening of all bids to ascertain a level of Nigerian participation. (©) Determination and regular upgrade of the guidelines and modus operandi of the extent of local participation where external funding is involved depending on the construction or contract types employed. (@) Public enlightenment of acceptable Engineering codes of practice and regulations.28, The Consulting Engineer or the Design Engineer shall approve all sections of the works. 29, Regular site visit shall be carried out and on each visit COREN Form PCF B shall be completed. 30, Engagements including charges for all Engineering opinion, visitations, reports and designs etc. shall be based on the Engineering Consultancy and Project Management Services Agreement, Charges and Conditions of Engagement (ECOPACCE) as approved by COREN and as reviewed by the Council from time to time. 31. A Proper Register of all the Engineering personnel on the site shall be kept including registration details. 32. A Site Agent for the Works, (who shall be a Registered Engineer), shall be appointed and he shall be responsible for general supervision, record keeping, materials and workmanship superintending and see to all the laboratory/ tests carried out. 33, On Completion of the Works a Certificate of Fitness designed and purchase from COREN shall be duly completed, signed by the Consulting Engineer or Design Engineer and handed over to the owner. 34, In the case of building or Engineering collapse— (i) All rescue operations shall be carefully carried out to save lives and properties. (ii) The site shall be cordon-off after the rescue operations. (iii) No materials on site for construction shall be removed from the site prior to any investigations. (iv) COREN shall immediately set up an investigation committee to investigate the immediate and remote causes of the collapse. (v) The owner shall fund all the necessary investigations (including soil/ geotechnical), structural modeling and detailing, sittings of the committee members including all necessary logistics and production of the report. (vi) The preliminary report shall be presented to COREN within two weeks of the incidence. (vii) The final report shall be presented within 90days of the incidence and shall be made public at the instance of the Council. 35. Any violation of part or all of the above would be handled as follows— (a) For importation of professional services without due process, the building owners shall be handed over to relevant authorities/agencies for prosecution. BOS Approval of all sections of the works. Regularsite visit. Remuneration. Registration of Personnel and details. Supervision, record keeping. materials and ‘workmanship. Handing over of ‘construction documents to the owner. Building or engineering collapse. Penalties.BG Contravention and prosecution. Interpretation. Citation. (b) All other participants in (35a) above shall be treated as accomplices and where engineering firm or personnel are involved, they shall be made to face COREN disciplinary committee. 36. A project owner who contravenes this regulation shall be guilty of an offence and liable to be prosecuted. The Engineer or Engineering Personnel involved, if found culpable shall be separately tried by the Tribunal. 37. In this Regulation, unless the contents otherwise requires— “Owner” means the Federal, State, Local Governments and their parastatals and agencies of Government for the public sector and any individual or group (being private or corporate) who is the financier (including developers) of the Project. “Council” means the current Board of the Council for the Regulation of Engineering in Nigeria (COREN). “Works” means any construction works as listed in this Regulation 1 and any other Works whose Engineering content is in excess of 35% of the total cost of works. “Materials” shall be limited to all materials for the construction of the Engineering aspects of the Works including civil/builder’s works and services. “Nigerian Contractor” means a COREN licensed indigenous Contractor. “Tests” include but not limited to concrete materials tests, concrete test (slump test, cube test), Steel reinforcing bars tests ete “Potable Water” means water free from impurities, especially chemical impurities. 38. This Regulation may be cited as the Regulation on the Construction Industry. Mabe at Abuja this 10th day of April, 2018. Banatunbe Rant FASHOLA, SAN Honourable Minister Power, Works and Housing