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RepealedThis By-law was repealed on 27 October 2022 by Fire.
This is the version of this By-law as it was when it was repealed.
Fire Prevention and Flammable Liquids and Substances By-law, 2000
- Published in KwaZulu-Natal Provincial Gazette no. 5417 on 23 March 2000
- Commenced on 23 March 2000
- [This is the version of this document from 23 March 2000 and includes any amendments published up to 16 March 2023.]
- [Repealed by Fire on 27 October 2022]
4.Whenever in the opinion of a Fire Official any tree, bush, weed, grass, or any other substance or other matter situated on any Premises, constitutes or is likely to constitute a threat of fire or is likely to further the spread of fire he may cause a notice to be served on the Owner or Occupier of such Premises calling on him to remedy such conditions within a specified period.
Control of Fire Fighting Equipment
6. Repairing, servicing and installation of Fire Fighting EquipmentNo Person shall cause or permit Fire Fighting Equipment on any Premises to be dismantled, Recharged, disconnected, serviced or repaired or sold or any new, serviced or repaired equipment to be installed, housed or placed on any Premises except by or under the control and supervision of a Holder of a Certificate of Competence issued or recognised in terms of this Code.
7. Mode of application for Certificate of CompetenceEvery application for a Certificate of Competence shall be submitted to the Chief Fire Officer on the form prescribed in the First Schedule.
8. Applicants to be examined
9. When Certificate of Competence is not to be issuedThe Chief Fire Officer shall not sanction the issue of a Certificate of Competence if, in his opinion, the applicant—
10. Certificate of Competence and identity document
11. Recognition of certificates issued by other authoritiesUpon production to him by the Holder thereof of a Certificate of Competence issued by another fire authority in terms of By-laws applying to the area of jurisdiction of such authority and having the same or similar provisions as this Code, which authority has been Approved by the Chief Fire Officer for the purpose, the Chief Fire Officer may recognise such certificate as being acceptable for the purpose of this Code and if he does so he shall endorse such certificate accordingly and enter the particulars of the Holder and the certificate in the register kept in terms of section 14 as if the certificate had been issued in terms of section 8 and thereupon the Holder of the certificate shall for all purposes of this Code be deemed to be the Holder of a certificate issued in terms thereof.
12.Recognition of a certificate in terms of section 11 may at any time be withdrawn by the Chief Fire Officer upon production of proof to his satisfaction that the Holder of the certificate has been guilty of any act referred to in section 15, whereupon paragraphs (2) and (3) of that section shall mutatis mutandis apply and the Chief Fire Officer shall cancel his endorsement on the certificate and notify the issuing authority in writing of the action taken by him and the reasons therefore.
13. Replacement of Certificates of Competence
14. Register of Holders of Certificates of Competence
15. Cancellation of Certificate of Competence
16. Examination of fire-fighting equipmentThe Owner or Occupier of any Premises in which any Portable Fire Extinguisher, sprinkler system or other fire-fighting equipment or any Fire Alarm System has been installed in terms of this Code shall cause such extinguisher, equipment or system to be examined at least once every calendar year by a Holder of a certificate of competence.
17. Report on condition of fire-fighting equipmentThe Person carrying out the examination of the equipment referred to in the preceding section shall cause a label to be securely affixed thereto in a prominent position on which shall be written in ink—
18. Restrictions on removal, alteration and installation of fire-fighting equipment
19. Portable Fire Extinguishers to be periodically pressure testedIn addition to the examination of Fire Fighting Equipment referred to in section 16 hereof, every Portable Fire Extinguisher shall be subject to servicing and pressure testing in accordance with S.A.B.S. Code of Practice 1475: The Production of Reconditioned Fire Fighting Equipment, Part 1: Portable Rechargeable Fire Extinguishers.
20. Second-hand Fire Fighting Equipment to be approved by Chief Fire OfficerNo second-hand Fire Fighting Equipment shall be placed or installed in any Premises where such is required in terms of this Code unless and until such equipment has been examined, pressure tested and serviced in accordance with the Code of Practice referred to in section 19 above.
Flammable Liquids and substances
21.No Person shall manufacture, store, convey, sell, use or handle Flammable Liquids or substances except in accordance with the provisions of this Code.
22. Application to existing premisesThe provisions of sections 54, 55, 56, 60 and 63 of this Code shall not apply to Storage Tanks which were lawfully installed prior to the date of coming into effect of this Code, so as to require such tanks to be altered or added to, but where such tanks are altered or added to, such work shall be carried out in conformity with the provisions of this Code; provided, however, that within six months of a change of Ownership of the Premises the Storage Tanks in question shall be brought into full compliance with the said sections and if at the end of that period they do not comply with their provision, the certificates of registration issued in respect of the Premises concerned shall be deemed to be suspended and none of the acts referred to in section 21 may be performed on such Premises until the non-compliance has been remedied to the satisfaction of the Chief Fire Officer.
23. Certificate of Registration to be obtained
24. Application for Certificate of Registration
25. Issue of Certificates of Registration
26. Recognition of certificates issued by other authorities
27. Conditions for Certificate of Registration
28. Display of Certificate of RegistrationEvery Person to whom a Certificate of Registration has been issued shall cause such certificate to be affixed and displayed in a conspicuous position on the Registered Premises or on the Vehicle, as the case may be, and he shall ensure that the said certificate is, at all times, legible.
29. Supply of Flammable Liquids or substances
30. Register of Certificates of RegistrationThe Chief Fire Officer shall maintain a register in which he enters full particulars of the Premises and any Vehicle in respect of which he has issued a certificate and the names and addresses of the Person to whom it has been issued and the date of issue, as well as the date of any transfer, cancellation or suspension.
31. ExemptionsNotwithstanding anything contained in this Code, Flammable Liquid shall be deemed not to be stored or conveyed or transported when contained in the fuel tank of a motor Vehicle or stationary engine in normal use.
32. Suspension or cancellation of Certificates of RegistrationWhere a Holder of a Certificate of Registration has been convicted for a contravention of this Code on two or more occasions, the Chief Fire Officer may either cancel the Certificate of Registration or may suspend it for such period as he may decide and during the period of suspension the Holder shall not do anything which the certificate otherwise authorises him to do; provided, however, that the powers conferred by this section shall not be exercised unless and until fourteen (14) days’ written notice has been given to the Holder by the Chief Fire Officer of his intention to cancel or suspend the certificate. The Holder may within the said period of fourteen (14) days submit written representations for consideration.
33. Transfer of Certificate of Registration
35. Inspection of Premises and installationsThe Person responsible for the installation or erection of any Pump, Storage Tank, filling device, Dry Cleaning Room, store, Spraying Room or other equipment or Premises intended for the storage, use or handling of Flammable Liquid or Substance, shall notify the Chief Fire Officer in writing upon completion of installation or erection.
36. Removal and dismantling of installation for Flammable Liquid or Substance
37. Storage, use and handling on Registered Premises prohibited in certain circumstancesExcept as otherwise provided in this Code, no Person shall store, use or handle or permit or cause to be stored, used or handled any Flammable Liquid or Substance on any Registered Premises—
38. Prohibited acts: Notices
39. Notice to discontinue dangerous method
40. Sewers and drains
41. Prohibition against devices and pumps in BasementsNo Person shall use or cause or permit the use in any Basement of any device for spraying Flammable Liquid or any Pump or other device for the issue or transfer of any Flammable Liquid to Vehicles or Containers.
42. Filling operations
43. Filling on or across public sidewalksNo Person shall—
44. Replenishing of fuel tanksNo Person shall—
45. Replenishing of busNo Person shall replenish or cause or permit to be replenished the fuel tank of any Bus or carry or cause or permit to be carried any Flammable Liquid in or on any Bus except in the fuel tank thereof whilst any Person other than the driver or Person responsible therefor is within or upon such Bus.
46. Fire Fighting Equipment
47. Examination of Fire Fighting Equipment
48. Reporting of fires and accidentsThe Occupier of any Premises shall immediately report to the Chief Fire Officer, any fire or accident involving Flammable Liquid or Substance that has occurred on or in connection with any such Premises, where such fire or accident has resulted in damage to any property or injury to any Person.
49. Rules to be observed on unregistered Premises
50. Inspection of Premises
51. Taking of samplesUpon inspection of any Premises by a member of the police or a Fire Official such Person may take samples for the purpose of analysis or examination of any Flammable Liquid or Substance or of any liquid or substance suspected of being flammable which is found upon such Premises; provided, however, that—
Storage Tanks, Pumps and Containers
52. Storage Tanks in BasementA Basement Storage Tank authorised in terms of subsection (1) shall have a capacity not exceeding 1 500 litres and the Person to whom authority has been given under that subsection shall comply with all conditions subject to which such authority has been given.
53. Capacity of Underground Storage TanksThe capacity of any Underground Storage Tank, if not within a Bulk Depot or an aerodrome or landing ground used by aircraft, shall be in accordance with S.A.B.S Code of Practice 089: Code of Practice of the Petroleum Industry, Part I: The Handling, Storage and Distribution of Petroleum Products.
54. Ventilation of Underground Storage TanksThe Holder shall ensure that every Underground Storage Tank installed on the Premises in respect of which a Certificate of Registration has been issued has a ventilation pipe in accordance with S.A.B.S Code of Practice 089: The Petroleum Industry, Part 1: The Handling, Storage and Distribution of Petroleum Products.
55. Abandoned tanks
56. Entering of Storage TanksNo Person shall—
57. Position of pumps
58. Pumps on rampsPumps or other devices used or intended to be used for the issue of Flammable Liquid to motor Vehicles or Containers shall not be erected on any ramp or within 6 m of the beginning or top of the ramp and shall in all cases be erected on level ground.
59. Dipping sticksDipping sticks shall be made only of wood or brass or other non-ferrous metal or alloy.
60. Pump hosesNo Person shall deliver flammable liquid or permit it to be delivered from any Pump to the fuel tank of any Vehicle except through sound hose having an Earthing wire in its construction which is effectively attached to the metal of the Pump and to the metal hose nozzle and, except at an aerodrome or landing ground used by air crafts, no hose attached to any such Pump shall exceed 4.5 m in length when measured from the Pump to the tip of the nozzle.
61. Situation of pumps and their filling pipesEvery filling pipe inlet and every Pump, except where used for manufacturing purposes, shall be—
62. Naked lights and electrical apparatus
63. Maintenance of tanks, pipelines, pumps and other equipment and fittings
64. Construction of portable ContainersNo Person shall store or convey or cause or permit to be stored or conveyed Class I Flammable Liquid in any quantity except in a Container constructed in accordance with the requirements of SABS 0229 or Liquefied Petroleum Gas except in a Container constructed in accordance with the requirements of SABS Code of Practice 019: Portable Metal Containers for Compressed Gases.[R. 64 substituted by MN 22 of 2004.]
65. Filling of Containers
66. Quantity in ContainersNo Container shall be filled with Flammable Liquid to more than ninety seven and a half per cent (97,5%) of its capacity; provided that in the case of Liquefied Petroleum Gas, Containers shall not be filled more than eighty percent of their capacity.
67. Containers after deliveryNo Person who has taken delivery of any Flammable Liquid in Containers in excess of the quantity stated in section 23 shall cause or permit such Containers to remain unattended in any place other than a store for a longer period than may reasonably be necessary. In the case of portable Containers filled with Liquefied Petroleum Gas which are stored for the retail market, the Holder of a Certificate of Registration in respect of Premises shall ensure that storage of such Containers complies with the requirements of Part VII of the S.A.B.S. Code of Practice referred to in section 65.
68. Storage and handling of Liquefied Petroleum Gas
69. Storage of empty Containers
70. Repair of ContainersNo Person shall carry out or permit to be carried out any repair or alteration of or perform any work on any used Container until all Flammable Liquid and Flammable Liquid vapours have been removed from such Container; provided that in the case of faulty Liquefied Petroleum Gas cylinder, no attempt at repair shall be made and the Owner or the Person having possession of the cylinder shall ensure that it is treated as described in S.A.B.S. Code of Practice 019: Portable Metal Containers For Compressed Gases: Basic Design Criteria, Use and Maintenance.
71. Marking of ContainersNo Person shall supply or deliver to any Person any Class I Flammable Liquid in any Container unless such Container bears in conspicuous letters the words “FLAMMABLE/VLAMBAAR” or a sign conforming to sign W W 2 described in S.A.B.S. Specification 1186: Symbolic safety signs and the marking of Liquefied Petroleum Gas Containers is in accordance with the requirements of the S.A.B.S. Code of Practice referred to in section 65.
Timber and flammable substances
72. Storage of flammable substances near furnacesIt shall not be lawful for any Person to pile, stack or store cut or uncut timber, lathwood, firewood, casks, barrels, boxes or cases or other flammable substances in the same yard or Premises, or in any part of the same Premises where any furnace is situated, except—
73. Piling, stacking or storing of timber and other flammable substances
74. Room or chamber prohibited in a timber stackIt shall not be lawful for any Person to form in any pile, stack or store of timber or any other flammable substance any room, chamber or space (other than a passage) to be used for any purpose whatever.
75. Provisions of stores
76.No Person shall use or permit the use of a store for the purpose of storing Flammable Liquid or Substance, unless it complies with the requirements of this Code and until warning notices conforming to sign W W 2 described in S.A.B.S. Specification 1186: Symbolic Safety Signs are legibly painted or otherwise displayed on the outer face of the door of such store and such notices shall at all times be maintained in such position and in a legible condition.
77. Construction and situation of store
78. Lighting of storeAll lights installed shall be of the incandescent electric type, which shall be enclosed in an outer Flame and Vapour Proof fitting, and all wiring shall be armoured cable or enclosed in seamless metal tubes, the junctions of which are screwed together. All switches, junction boxes, fuses and other electrical equipment shall be outside the store.
79. Use of storeNo Person shall, without the prior written authority of the Chief Fire Officer—
80. Unauthorised Persons entering storeNo Person shall enter any store or cause or permit any store to be entered without the express permission of the Occupier of the Premises or other responsible Person in charge of such store.
81. Storage in open airNo Person shall store Flammable Liquid outside a Building or elsewhere in the open air except in accordance with the following requirements:
82.The Person who is the Holder of a Certificate of Registration in respect of a Bulk Depot shall ensure that its establishment, maintenance and control is accordance with the requirements and recommendations of S.A.B.S. Code of Practice 089, Part 1: The Handling, Storage and Distribution of Petroleum Products.
83. Construction, use and maintenance of vehicles used for conveyance of flammable liquids
84. Maintenance of vehicleNo Person shall use or cause or allow to be used in any public place any Vehicle for the transport of Flammable Liquid other than in the fuel tank of the Vehicle unless such Vehicle is maintained in good condition and in proper working order.
85. Openings to tankAll openings to the tank of any Vehicle used for the transport of Flammable Liquids shall be kept securely and effectively closed at all times when not in use.
86. Supervision of waggon by responsible PersonEvery Road Tank Waggon shall be under the constant supervision of the Person having charge and control of such waggon during the period that it is in use as such outside a Bulk Depot.
87. Position of Road Tank Waggon during delivery operationsNo Person shall—
88. Fire extinguishers
89. Agencies likely to ignite flammable liquidNo Person shall—
90. PrecautionsEvery Person responsible for or concerned in the conveyance of Flammable Liquid or Substance shall take all reasonable precautions for the prevention of accidents by fire or explosion and for the prevention of access by any unauthorised Person to any Vehicle or Container whilst in transit.
91. Restriction of scope of certain sections relating to transport of flammable liquidThe provisions of section 23 and 24 of this Code shall not apply to the conveyance of Flammable Liquid on a Vehicle, not being a Road Tank Waggon—
92. Dry-cleaning roomsThe Person who is the Holder of a Certificate of Registration in respect of a Dry Cleaning Room shall ensure that the provisions of sections 92 to 109 are complied with and no Person shall use a Dry Cleaning Room for any purpose other than that of dry-cleaning and purposes reasonably incidental thereto.
93. Installation of machinery
94. BoilersNo boiler or chimney of a boiler shall be installed within 6 m of a Dry Cleaning Room; provided, however, that a boiler may be installed not nearer than 3 m to a Dry Cleaning Room where there is an unbroken brick or concrete wall between such boiler or its chimney and such room of a height of not less than 450 mm above the top of the boiler and its chimney and of not less than 2 m above the floor of the Dry Cleaning Room.
95. Draining of dry-cleaning machineryAll dry-cleaning machinery on or above floor level shall be drained immediately after the termination of cleaning operations each day.
96. Electrical equipmentNo Person shall instal or cause or permit to be installed in or near a Dry Cleaning Room or in any position which comes or is likely to come into contact with Flammable Liquid or its vapour any electrical equipment other than—
97. Handling of flammable liquidThe Storage Tank shall be connected to the dry-cleaning machinery and no Flammable Liquid shall be handled during any cleaning process; provided, however, that a total quantity not exceeding 101 at any time may be handled in one or more Containers for the purpose of hand washing or spotting.
98. Notice of Danger at entranceApproved signs prohibiting smoking and naked flames or signs conforming to prohibitory signs PV1 and PV2 as described in S.A.B.S. Specification 1186: Symbolic Safety Signs shall be prominently displayed at each entrance to a Dry Cleaning Room and within such room to the satisfaction of the Chief Fire Officer.
99. Removal of foreign matter and metallic substances from garmentsNo Person shall dry-clean or cause, allow, permit or suffer to be dry-cleaned any article of clothing or other textiles unless and until such article has been thoroughly examined and all object such as matches, metallic substances, metal buttons and other items which are liable to cause sparks have been removed therefrom.
100. Instructions to employeesThe Person having charge or control of the business conducted on the Premises shall cause all Persons employed in the Dry Cleaning Room to be thoroughly instructed as to the hazards involved in the use of Flammable Liquids and in the handling and method or usage of all Fire Fighting Equipment required by this Code to be on the Premises, and shall repeat such instructions quarterly.
101. Unauthorised Persons and unlawful acts
102. Position of machineryAll dry-cleaning machinery shall be situated as near as reasonably possible to the exhaust ventilation ducts required by section 108.
103. Power shaftsWhere any machinery is driven by means of a shaft from motive power outside the Dry Cleaning Room, the driving shaft shall pass through a gasproof wall box which shall be installed at the point where such shafting enters such Dry Cleaning Room.
104. Scouring or brushing tableEvery table used for washing or brushing any material with Flammable Liquid shall—
105. Portable lamps and trolleysNo Person shall take or cause, allow, permit or suffer to be taken any flash lamp or any other light or lamp into any Dry Cleaning Room except an incandescent electrical light or safety lamp which has been fitted with an outer Flame and Vapour Proof fitting, and no Person shall use any handtruck or any trolley for the conveyance of any material, clothing or liquid unless it is equipped with hard rubber tyres and non-ferrous edges, so as to prevent sparks arising from accidental contact with any other metal surface.
106. Construction of Dry Cleaning Rooms
107. Steam pipes
108. Ventilation of Dry Cleaning Room
109. Construction of Dry Cleaning RoomEvery Dry Cleaning Room in which Class II Flammable Liquids are used shall be constructed and maintained in accordance with the following requirements:
110. Ventilation of Dry Cleaning RoomEvery Dry Cleaning Room in which Class II Flammable Liquids are used shall be ventilated by a system of ventilation of such design, construction and capacity as will adequately prevent the accumulation of Flammable Liquid vapours within any portion of such room and will discharge such vapour into the open air at a point or points where such vapour is not likely to come into contact with any fire, flame, open light or other agency likely to ignite such vapour; provided, however, that where for any reason such ventilation can only be secured by means of a mechanical system of ventilation, such mechanical system shall conform to and comply with the provisions of section 108.
111. Duties of HolderA Person who is the Holder of a Certificate of Registration in respect of a Spraying Room shall ensure that every Spraying Room shall be constructed in accordance with the following requirements:
112. When permit is not requiredNothing contained in section 111 shall prohibit the spraying with Flammable Liquid of any Vehicle or article in the open air if such spraying is not within a distance of 15 m from any fire, flame, open light, or other agency likely to ignite such Flammable Liquid or its vapour and is not likely to impede the escape of Persons or animals in the case of fire.
113. Inspection of premises
114. PresumptionsIn addition to the Person by whose act or omission any contravention of or failure to comply with a provision of the Code is actually committed, the Owner of the Vehicle in respect of which the offences is committed or the Owner of the Premises on which the offence is committeed or, if the Premises are occupied by a Person other than such Owner, the Occupier thereof, shall be presumed also to have committed such contravention or to have so failed to comply unless it is proved to the satisfaction of the court that he has taken all reasonable steps to have prevented such a contravention or failure to comply by any other Person; provided that the fact that such Owner or Occupier issued instructions forbidding any such act or omission shall not of itself be accepted as sufficient proof that such Owner or Occupier took all reasonable steps to prevent such a contravention or failure to comply by such other Person.
115. PenaltiesAny Person who—
116. Repeals and Savings
History of this By-law
27 October 2022Repealed by Fire
23 March 2000 this versionPublished in KwaZulu-Natal Provincial Gazette no. 5417By-law commences.
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