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eThekwini
South Africa
South Africa
Fire By-law, 2022
- Published in Provincial Gazette 2467 on 27 October 2022
- Commenced on 27 October 2022
- [This is the version of this document from 27 October 2022.]
Preamble
WHEREAS the Municipality has competence in terms of Part B of Schedule 4 of the Constitution relating to fire-fighting services;WHEREAS everyone has the right to an environment that is not harmful to their health or well-being in terms of section 24 (a) of the Constitution;AND WHEREAS there is a need to develop legislation regulating fire safety, the use, storage and sale of fireworks and other related matters within the Municipality;NOW THEREFORE the Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 read with Part B of Schedule 4 of the Constitution of the Republic of South Africa, read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:Chapter 1
Interpretation
1. Definitions
In this By-law, unless the context otherwise indicates—"aboveground storage tank" means a tank situated above ground for the storage of combustible or dangerous goods;"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to—(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, No. 51 of 1977;(b)municipal or metropolitan police officer as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"automatic releasing hold-open device" means an automatic release mechanism activated by an automatic fire detection system or manually activated fire alarm system;"basement" means that part of a building which is below the level of the ground floor storey and has access from a ground floor story;"boiling point" means a temperature of a substance when the vapour pressure exceeds atmospheric pressure. At this temperature, the rate of evaporation exceeds the rate of condensation;"boundary" means any lateral or street boundary of a site;"building "means any—(a)structure, whether of a temporary or permanent nature and irrespective of the materials used in the construction thereof, erected or used for or in connection with the—(i)accommodation or convenience of human beings or animals;(ii)manufacture, processing, storage or sale of any goods;(iii)rendering of any service;(iv)destruction or treatment of refuse or other waste materials; or(v)cultivation or growing of any plant or crop;(b)wall, swimming pool, reservoir or bridge or any other structure connected therewith;(c)fuel pump or any tank used in connection therewith;(d)part of a building, including a building as contemplated in paragraph (a), (b), or (c); or(e)facilities or system, or part or portion thereof, within or outside but incidental to a building, for the provision of a water supply, drainage, sewerage, storm water disposal, electricity supply or other similar service in respect of the building;"bulk depot" means any premises defined as such in SANS 10089 relating to the handling, storage and distribution of Class 3 dangerous goods;"bund wall" means a containment wall surrounding an above ground storage tank, constructed of an impervious material and designed to contain 110% of the contents of the tank;"Chief Fire Officer "means the person appointed by the Council in terms of Section 5 of the Fire Brigade Services Act and includes any person appointed as Acting Chief Officer, as contemplated in such Act;"combustible refuse" means combustible substance, rubbish, litter or material that is discarded, refused, rejected or considered worthless;"combustible substance" means any material capable of igniting and includes combustible refuse and combustible waste but excludes flammable substances;"combustible waste" means combustible waste material which is salvageable, retained or collected for scrap or reprocessing and may include all combustible fibres, hay, straw, hair, feathers, down, wood shavings, turnings, all types of paper products, soiled cloth trimmings and cuttings, rubber trimmings and buffing, metal fines and any mixture of the above items or any other salvageable combustible waste material;"Commercial kitchen" includes all kitchens, other than kitchens in dwelling houses or domestic residences, where commercial grade cooking equipment and appliances are used;"Competent Person" means a person who is qualified by virtue of his or her education, training, experience and contextual knowledge to make a determination regarding the compliance of a building or part thereof in relation to a functional regulation or to undertake such duties as may be assigned to him or her in terms of the National Building Regulations or this By-law;"Competent person (fire engineering)" means a person who—(a)is registered in terms of the Engineering Profession Act, 2000 (Act No 46 of 2000), as either a Professional Engineer or a Professional Engineering Technologist; and(b)is generally recognised as having the necessary experience and training to undertake rational assessments or rational designs in the field of fire engineering."Complex" means a group of similar buildings or facilities on the same site;"Constitution" means the Constitution of the Republic of South Africa, 1996;"consumer firework" means an outdoor, low hazard, recreational fireworks which include the class of the explosives (1.4) that is sold to the general public for use;"container" means any vessel used or intended to be used for the holding of a flammable liquid, but does not include the fuel tank of any motor vehicle or stationary internal combustion engine in normal use as such;"dangerous goods" means any flammable liquid, solid or gas that is capable of posing a significant risk to health and safety, or to property or the environment during transportation, storage and use thereof. For the purposes of this by-law, the terms—a)"dangerous" and "hazardous" are synonymous; andb)"goods" and "product" are used interchangeably and, except where it is clear from the context that the normal dictionary meaning of a term is intended, they refer to dangerous goods, as defined above;"dangerous goods certificate" means the certificate contemplated in section 38 of this By-law;"dealer" means a wholesale dealer or retail dealer;"division separating element" means a building element or component which separates one area in a building from another and has a fire resistance of not less than that required by the National Building Regulations (T1) read with SANS 10400;"emergency motor vehicle" means any fire, rescue or other motor vehicle intended for use at fires and other threatening dangers;"emergency preparedness plan" means a plan specifically designed to aid in the evacuation of occupants from a building in the event of a fire or other threatening danger and which—(a)assigns responsibility to various staff;(b)indicates escape routes to be used; and(c)provides for general contingencies for a safe and quick evacuation from a building;"emergency evacuation plan" means a diagram or floor plan showing the safest emergency exit routes from a building in the event of an emergency;"emergency route" means that part of an escape route that provides fire protection to the occupants of any building and which leads to an escape door;"entertainment and public assembly occupancy" means a place where people gather to eat, drink, dance or participate in other recreational activities;"Environmental Regulations" means the Environmental Regulations made in terms of the Occupational Health and Safety Act, under GN R2281 in GG 10988 of 16 October 1987, as amended;"escape door" means the door in an escape route, which at ground level leads directly to a street or public place or to any approved open space which leads to a street or public place;"escape route" means the entire path of travel from the furthest point in any room in a building to the nearest escape door and may include an emergency route;"excluded building" means all single storey buildings of any occupancy type or building occupancy exclusions classified as H4, A3, A4 and H5 of the National Building Regulations;"Explosives Act" means the Explosives Act, 1956 (Act No. 26 of 1956) as amended;"firebreak" means a natural or constructed strip of land where vegetation has been removed or modified to contain or to reduce the spread and intensity of any fire that may occur in or enter a premises and may consist of one or more of the following:(a)grass or vegetation that does not exceed 50mm in height;(b)a lawn or cultivated garden; or(c)road, driveway or other recognised servitude;"fireworks" means any pyrotechnic substance contemplated in terms of Chapter 9 of the Explosives Regulations which—(a)is manufactured for the purposes of amusement or entertainment; and(b)is divided in such classes as may be prescribed;"Fire Brigade Services Act" means the Fire Brigade Services Act, 1987 (Act No. 99 of 1987) as amended and any regulations made under that Act;"fire damper" means a device that, when actuated by an appropriate detector, will automatically close an air duct and restrict the passage of fire, hot gases and smoke, which complies with the requirements as contained in SANS 193:2004 as amended;"fire door" means an automatic or self-closing door or shutter assembly especially constructed to prevent the passage of fire for a specific period of time, as contained in SANS 1253;"fire extinguisher" means a portable or mobile rechargeable container which has a fire extinguishing substance that is expelled by the action of internal pressure for the purposes of extinguishing a fire, as contained in the relevant SANS Codes of practice;"fire hazard" means any situation, process, material or condition which may cause a fire or explosion or provide a ready fuel supply to increase the spread or intensity of the fire or explosion and which poses a threat to life or property;"fire lanes" means the road, path or other passageway constructed or designated to allow access for emergency vehicles;"fire protection system" means installations, equipment, systems, building elements or methods used in a building to achieve the fire safety requirements as contemplated in this By-law. Such provisions include active fire safety systems; smoke management systems and passive fire protection systems;"flammable gas" means a Class 2, division 2.1 flammable gas, at 20°C and at a standard pressure of 101,3 kilopascals, as contemplated in SANS 10228 and SANS 10263;"flammable liquid" means a liquid, or mixtures of liquids, or a liquid containing solids in solution or in suspension that give off a flammable vapour at a closed cup flash point up to 100 °C and classified as Class 3 as determined in SANS 10228 which also includes a liquid within the following categories and classification criteria for flammable liquids as determined in SANS 10234 and SANS 10263: see table 1Table 1 – Categories and classification criteria for flammable liquids1 | 2 | 3 |
---|---|---|
Category | Closed cup flash point | Initial Boiling Point(°C) |
1. | <23(°C) | ≤35 (°C) |
2. | <23(°C) | >35 (°C) |
3. | ≥23≤ 60(°C) | >35 (°C) |
4. | >60≤100 (°C) | >35 (°C) |
2. Interpretation
If there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.Chapter 2
Objects of By-law
3. Objects of By-law
The objects of this By-law are to—Chapter 3
Application
4. Application of By-law
This By-law applies to all properties, objects, things, land or premises located or situated within the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable.Chapter 4
Prevention of fire hazards
5. Prevention of fire hazards
6. Firebreaks
7. Dealing with fireworks
8. Prohibitions
9. Requirements for handling and storage of fireworks
10. Sale of fireworks
11. Designation of places and conditions
12. Discharge of fireworks
13. Seizure of fireworks
14. Duty to report fires, spillages and dumping
Chapter 5
Requirements for buildings and other structures
15. Design and construction
16. Provision for fire-fighting and rescue purposes
17. Access for emergency vehicles
18. Escape routes
19. Fire doors and assemblies
20. Division, occupancy and tenancy separating elements
21. Tents and temporary structures
22. Extraction fan systems for commercial kitchens
Any commercial kitchen extraction or ventilation system must comply with the provisions of SANS 1850 "The design and manufacture of commercial kitchen extraction/ventilation systems".23. Problem buildings
24. Major Hazard Installations
Chapter 6
Fire-protection systems
25. Fire extinguishers, hydrants and fire hose reels
26. Fire detection and alarm systems
A fire detection or alarm system used in the detection of fire must comply with SANS 10400 — Part T where applicable and must be designed, installed, and maintained by a competent person.27. Sprinkler systems
Notwithstanding the requirements of eThekwini Municipality By-law dealing with water, a sprinkler system required by the provisions of SANS 10400 must be designed, constructed, installed, and maintained by a competent person, such that it complies with the specific requirements stipulated in SANS 10400 (Parts A, T and W), insofar as these sections relate to fire protection.28. Fire hydrants
29. Water supply for fire-fighting purposes
30. Passive fire protection systems
Where required by the National Building Regulations and SANS 10400, passive fire protection systems shall be specified, designed, installed and maintained under the supervision of a competent person who must provide the required certification in relation to the requirements above.31. Testing and maintenance of fire protection systems
Type of equipment | Maintenance/Test interval | Reference Code or design specification |
---|---|---|
Portable fire extinguishers | 12 months | SANS 10400-T2 (1)(a);Â SANS 1475-1 |
Fire Hose Reels | 12 months | SANS 10400-T2 (1)(b); Â SANS 1475-2;Â SANS 0543 |
Fire Hydrants | 12 months | SANS 10400-T2 (1)(b);Â SANS 1475-2;Â SANS 1128 |
Sprinkler Systems/Drenchers | Weekly/12 months/3 yearly | SANS 10400-T2(1)(b)Â SANS 10287 or other standards recognised by the Municipality |
Fire alarm and detection systems | Varies as per SANS10139 | SANS 10139 and Manufacturers Specifications |
Smoke Management Systems | 6 Monthly Test/ 12 Monthly Service | Manufacturers specifications |
Emergency Lighting / Emergency Power Supply | Monthly | Manufacturers Specifications |
Commercial Kitchen extraction systems | 6 monthly | SANS 1850 |
Water reticulation system | 12 Months | SANS 10400 |
Gaseous, powder and foam systems | 12 Monthly | SANS 14520 and Manufacturers Specifications |
32. Interference with fire-fighting equipment and fire protection system
A person may not—Chapter 7
Emergency preparedness plan
33. Emergency preparedness plan
Chapter 8
Prevention and control of overcrowding
34. Population certificate and grading certificate
35. Attendance by service
Chapter 9
Dangerous goods
36. Application of this Chapter
Notwithstanding the provisions of the Hazardous Substances Act, 1973 and the Occupational Health and Safety Act, 1993, this Chapter regulates dangerous goods in the local government sphere in so far as to prevent and reduce fire hazards or other threatening dangers.37. Issuing of Dangerous Goods Certificate
Dangerous goods class | Product | Quantity |
---|---|---|
Class 1: Explosives | ||
Class 1 | Fireworks | No exemption |
Class 2: Gasses | ||
Class 2.1 | Flammable gas | Total quantity may not exceed 100 Kg |
Class 2.2 | Non-Flammable gas | Total quantity may not exceed 333 Kg |
Class 3: Flammable liquids | ||
Class 3.1 | Closed cup flash point < 23°C and initial boiling point≤35 °C | Total quantity may not exceed 210 Lt |
Class 3.2 | Closed cup flash point < 23·°C and initial boiling point >35 °C | Total quantity may not exceed 500 Lt |
Class 3.3 | Closed cup flash point ~≥23≤ 60°C and initial boilingpoint >35°C | Total quantity may not exceed 1000 Lt |
Class 3.4 | Closed cup flash point>60≤100°C and initialboiling point >35°C | Total quantity may not exceed 1000 Lt |
Class 4: Flammable solids | ||
Class 4.1 | Flammable solids | Total quantity maynot exceed 250 Kg |
Class 4.2 | Pyrophoric substances | No exemption |
Class 4.3 | Water reactive substances | No exemption |
Class 5: Oxidising agents and organic peroxides | ||
Class 5.1 | Oxidisers | Total quantity may not exceed 250 Kg |
Class 5.2 | Organic peroxides | Total quantity may not exceed 250 Kg |
Class 5.2 | Organic peroxides | Total quantity may not exceed 250 Kg |
Class 6: Toxic and infectious substances | ||
Class 6.1 | Group I toxic substances | Total quantity may not exceed 5 Kg |
Class 6.2 | Group II toxic substances | Total quantity may not exceed 50 Kg |
Class 6.3 | Group III toxic substances | Total quantity may not exceed 500 Kg |
Class 6.4 | Infective substances | No exemption |
Class 7: Radioactive materials | ||
Class 7 | Radioactive materials | No exemption |
Class 8: Corrosives | ||
Class 8.1 | Group I acids in packets | Total quantity may not exceed 50 Kg |
Class 8.2 | Group II acids in packets | Total quantity may not exceed 200 Kg |
Class 8.3 | Group III acids in packets | Total quantity may not exceed 1000 Kg |
Class 8.4 | Group I alkaline substances in packets | Total quantity may not exceed 50 Kg |
Class 8.5 | Group II alkaline substances in packets | Total quantity may not exceed 200 Kg |
Class 8.6 | Group III alkaline substances in packets | Total quantity may not exceed 1000 Kg |
Class 9: Miscellaneous substances | ||
Class 9 | Liquids | Total quantity may not exceed 210 Lt |
 | Solids | Total quantity may not exceed 250 Kg |
 | Multi Load (Transport) | No exception |
38. Dangerous goods certificate
39. Conditions for dangerous goods certificate
40. Suspension or cancellation of dangerous goods certificate
41. Transfer of dangerous goods certificate
42. Notification of completion or erection of installation
43. Safe use and handling of dangerous goods
44. Permanent or temporary aboveground storage tank for Class 3 dangerous goods
45. Class 2 and 3 dangerous goods storage tanks
The installation of Class 2 or 3 dangerous goods storage tanks, pumps, dispensers and pipework at service stations, consumer installations, or bulk depots must comply with the provisions of Regulation T (1) of the National Building Regulations.46. De-commissioning of Class 2 and Class 3 dangerous goods storage facilities and tanks
47. Reporting accidents
48. Liquefied petroleum gas
49. Storage of dangerous goods outside of a building or in open air
50. Construction of portable containers
Any container used in the storage or conveyance of a petroleum product must comply withSANS 10229, SANS 10230, SANS 10231, SANS 10232, and SANS 10233 or other standard accepatableto the Municipality.51. Filling of containers
52. Containers taken after delivery
A person who has taken delivery of any Class 2.1 or Class 3 category i-iv dangerous goods in containers more than the quantities contemplated in section 37(1) may not cause or permit such containers to be stored or otherwise kept in any place other than a store or other area approved by the Municipality, for this purpose or for the sale of such containers, except during the delivery or off-loading of such dangerous goods.53. Storage of empty containers
54. Repair of containers
55. Marking of containers
A person may not supply or deliver to any person any Class 2.1 or Class 3 category iiv dangerous goods in any container unless such container bears in conspicuous letters the words "FLAMMABLE/VLAMBAAR" or any symbolic safety sign as contemplated in SANS 1186 and in accordance with SANS 1187.56. Stores for Class 3 dangerous goods
57. Spraying room and spraying booth
A spraying room, spraying booth, spraying cabinet or area designated for the application of a flammable liquid must be constructed or equipped in such a manner as to comply with the General Safety Regulations of the Occupational Health and Safety Act, No. 85 of 1993 as amended, pertaining to the use and storage of flammable liquids.58. Prohibition of unauthorised spraying
A person may not spray, coat, plate, or epoxy-coat any motor vehicle, article, object or building or any part thereof with any dangerous goods unless—59. Application for spraying permit
60. Design and construction of spraying room
61. Water floor for spraying room
Every spraying room which is designed and constructed with a sunken water floor must be designed and constructed so that the water—62 Electrical equipment in a spraying room
63. Location of spraying room
Where there is an escape route between the spraying room and any other activity, process or area on the premises concerned, such escape route must be—64 Access to spraying rooms
65. Ventilation for spraying room
66. Heating installations in spraying rooms
Every heating installation using dangerous goods that forms an integral part of the heating system of any spraying room must comply with—67. General prohibitions regarding spraying room
No person may—68. Fire extinguishing equipment in spraying room
69. Spraying rooms, spraying booths and spraying cabinets designed to other standards
Notwithstanding the requirements contemplated in sections 57 to 66, Spraying Rooms, Spraying Booths and Spraying Cabinets may be designed, manufactured, and installed to comply with other recognised standards acceptable by the Municipality.70. Rules to be observed on unregistered premises storing, using, processing, or manufacturing dangerous goods
Chapter 10
Transport, supply and delivery of dangerous goods
71. Dangerous goods certificate
72. General prohibition regarding transport, supply and delivery of dangerous goods
73. Condition of motor vehicle used for conveyance of dangerous goods
Chapter 11
Fire brigade service
74. Objects of Service
The objects of the Service are to—75. Services to other persons
76. Instructions by members of Service
77. Impersonation of member of Service, prohibited
78. Certificate to identify members of Service
Chapter 12
Offences and penalties
79. Offences and penalties
Chapter 13
Administration and enforcement
80. Enforcement provisions
81. Non-compliance
82. Denial, suspension or revocation of approval, certificate or authorisation
The Municipality may refuse, suspend, or revoke any approval, certificate or authorisation issued or granted in terms of this By-law for non-compliance with the—83. Charges
84. Authority to investigate
Notwithstanding anything to the contrary contained in any other law, a Municipality has the authority to investigate the cause, origin and circumstances of any fire or other threatening danger.85. Powers of authorised officials
86. Administration and enforcement of By-law
Chapter 14
General provisions
87. Appeals
88. Delegations
89. Repeal of laws
The By-laws and Notices listed in Schedule 1 to this By-law are hereby repealed to the extent mentioned in the third column of the Schedule.90. Short title and commencement
This By-law is called the eThekwini Municipality: Fire By-law, 2022 and takes effect on the date of publication thereof in the Provincial Gazette or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Notice.History of this document
27 October 2022 this version
Commenced