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Fire By-law, 2022
- Published in Provincial Gazette no. 2467 on 27 October 2022
- Commenced on 27 October 2022
- [This is the version of this document from 27 October 2022 and includes any amendments published up to 16 March 2023.]
PreambleWHEREAS 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:
1. DefinitionsIn 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 liquids
"flammable solid" as contemplated in SANS 10228, means a solid that is—(a)easily ignited by external sources, such as sparks and flames;(b)readily combustible;(c)liable to cause, or contribute to a fire through friction; or(d)a desensitised or wetted explosive that can explode if not diluted sufficiently;"flammable store" means a store that is used for the storage of dangerous goods;"flash point" means the minimum temperature at which a liquid gives off enough vapours to form an ignitable mixture with air near the surface of the liquid;"General Safety Regulations" means the General Safety Regulations made under the Occupational Health and Safety Act, under GN R1031 in GG 10252 of 30 May 1986, as amended;"Hazardous Substances Act" means the Hazardous Substances Act, 1973 (Act No.15 of 1973) as amended;"inspector" means a Chief Inspector of Explosives appointed by the Minister, or a peace officer of the Municipality appointed by the Chief Inspector of Explosives as an inspector under the Act;"Letter of authority" means a letter issued by the Municipality indicating the compliance of the premises with current legislation and stipulating the conditions for its intended use;"Major Hazard Installation/establishment" means an installation/establishment—(a)where more than the prescribed quantity of any substance is or may be kept whether permanent or temporarily; or(b)where any substance is produced, processed, used, handled, or stored in such a form and quantity that it has the potential to cause a major incident;"manifold" means two or more containers are connected to each other on either side of the changeover device as described and illustrated in SANS 10087-1;"member" means a member of the Service and includes the Chief Fire Officer;"motor vehicle" means any self-propelled vehicle—(a)having an engine or motor as an integral part thereof or attached thereto;(b)which is designed or adapted to be propelled by means of such engine or motor for the purposes of transportation on the road or on water of one or more persons or any material, item, substance, or object;(c)including, but not limited to, a trailer, motorbike, quad-bike, personal watercraft or earth-moving vehicle; and(d)excluding any motor vehicle or a vessel which is controlled by a pedestrian, or any motor vehicle with a mass not exceeding 230 kgs which is specially designed and constructed solely for mobility of any person suffering from some physical defect or disability;"Municipal Council" or "council "means the eThekwini municipal council, a Municipal council referred to in section 157(1) of the Constitution;"Municipality" means the eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution;"Municipal Manager" means a person appointed in terms of section 54A of the Municipal Systems Act, (Act No. 32 of 2000) as the head of administration of the municipal council;"Municipal Structures Act" means the Local Government: Municipal Structures Act, (Act No. 117 of 1998) as amended;"Municipal Systems Act" means the Local Government: Municipal Systems Act, (Act No. 32 of 2000) as amended;"National Building Regulations" means the regulations promulgated in terms of section 17(1) of the National Building Regulations and Building Standards Act, and—(a)National Building Regulations (A2) means the provisions regulating the submission of building plans and particulars to the Municipality;(b)National Building Regulations (A20) means the provisions regulating the classification and designation of occupancies;(c)National Building Regulations (A21) means the provisions regulating the population of a building;(d)National Building Regulations (T1) means the provisions regulating general requirements for fire protection of a building; and(e)National Building Regulations (T2) means the provisions regulating the offences for non-compliance with the National Building Regulations(T1);"National Building Regulations and Building Standards Act" means the National Building Regulations and Building Standards Act, (Act No. 103 of 1977) as amended;"National Road Traffic Act" means the National Road Traffic Act, (Act No. 93 of 1996) as amended;"Non-combustible" means a substance or material classified as non-combustible when tested in accordance with SANS 10177: Part 5;"occupancy" means the particular use or type of use to which a building or portion thereof is normally put or intended to be put as provided for in the National Building Regulations (A20);"occupancy separating element" means a building element or component which separates one occupancy 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-T;"Occupational Health and Safety Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) as amended;"operator" means the person responsible for the use of a motor vehicle and who has been registered as the operator of such a motor vehicle in terms of the National Road Traffic Act;"owner" means—(a)in relation to a motor vehicle—(i)the person who has the right to the use and enjoyment of a motor vehicle in terms of the common law or a contractual agreement with the title holder of the motor vehicle;(ii)any person referred to in sub-paragraph (i), for any period during which such person has failed to return that motor vehicle to the title holder in accordance with the contractual agreement referred to in sub-paragraph (i); or(iii)a motor dealer who is in possession of a motor vehicle for the purpose of sale, and who is registered as such in accordance with the Regulations made under the National Road Traffic Act, 1996 (Act No. 93 of 1996) as amended; and(b)in relation to land—(i)the person in whose name the land is registered with the Registry of Deeds;(ii)the purchaser of the land, whether or not the land has been registered in the purchaser's name;(iii)person in control of the land;(iv)usufructuary, if the land is subject to a usufruct;(v)occupier, tenant or user of the land;(vi)authorised agent, assignee, curator, executor, judicial manager, legal representative, liquidator or trustee, as the case may be, of any person contemplated in subparagraphs (i) to (v); or(vii)the person who receives or is who is entitled to receive the benefit of the land, if the Municipality is unable to establish the identity of any of the persons contemplated in subparagraphs (i) to (vi);"person in charge" means in–(a)relation to premises, either a natural or juristic person who is permanently or temporarily responsible for the management, maintenance, or utilisation of the premises;(b)relation to a building, either a natural or juristic person who is permanently or temporarily responsible for the management, maintenance, or utilisation of the building;(c)relation to an installation, either a natural or juristic person who is permanently or temporarily responsible for the management or utilisation of the installation: Provided that such a person is not the person contemplated in paragraph (a); and(d)the event of the Municipality being unable to determine the identity of a person contemplated in (a), (b) and (c), any person who is in the opinion of the Municipality deemed to be in charge of such premises, building or installation;"population" means the population determined in accordance with the National Building Regulations (A21);"Population certificate "means a certificate issued by the Municipality determining the safe population capacity of the venue intended to be used in terms of section 34 of this By-law or recognised standard acceptable to the municipality."premises" means any building, beach, land, terrain, road, and vehicle and can include a vessel, train, or aircraft;"public place "means any square, park, recreation ground or open space which—(a)is vested in the Municipality;(b)the public has the right to use; or(c)is shown on a general plan of a township filed in a deeds registry or a Surveyor-General’s office and has been provided or reserved for use by the public or the owners of erven (Erf) in such township;"public road" means any road, street or thoroughfare or any other place, whether a thoroughfare or not, which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes—(a)the verge of any such road, street, or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street, or thoroughfare; and(c)any other work or object forming part of or connected with or belonging to such road, street, or thoroughfare;"pump" means a pump used or intended for use for the supply, delivery, propulsion or pumping of a flammable liquid or substance, and includes all apparatus, pipes and appliances used for or in connection therewith, but does not include pumps in bulk depots unless such pumps are used or intended to be used for the sale of such substances by retail;"rational design" means any design by a competent person (Fire Engineering) involving a process of reasoning and calculation and which may include a design based on the use of a standard or other suitable document;"retail dealer" means a person, including a juristic person, who sells or supplies fireworks to any person for use or consumption by that person and not for resale;"SANS" means the South African National Standard;"service" means a fire brigade service as defined in the Fire Brigade Services Act, 1987 (Act No. 99 of 1987) as amended;"site" means any erf, lot, plot, stand or other piece of land on which a building has been, is being, or is to be erected;"spraying booth" means a single spray booth or any subdivision of or compartment in a spraying room when such subdivision or compartment is used or intended to be used for the purpose of spraying motor vehicles or other articles;"spraying room" means any room or structure used or intended to be used for the purpose of spraying motor vehicles or other articles;"Standards Act" means the Standards Act, 2008 (Act No.8 of 2008) as amended;"State" means any—(a)department of state or administration in the national, provincial, or local sphere of government; or(b)other functionary or institution exercising a—(i)power or performing a function in terms of the Constitution or a provincial constitution; or(ii)public power or performing a public function in terms of any legislation,but does not include a court or judicial officer;"storage tank" means a tank used or intended to be used for the storage or conveyance of dangerous goods;"tank" means a container mounted permanently or temporarily on or embodied in a motor vehicle and so constructed to be suitable for the containment of dangerous goods;"temporary installation" means an installation that is erected for short-term supply purposes, that does not require permanent foundations and is not available for resale purposes, unless approved as such by the Municipality;"temporary structure" means a structure usually found at events that includes but is not limited to a stage, set, barrier, fencing, tent and marquee, seating, lighting and special effect tower, platform and mast, video screen, TV platform and crane jib, dance platform, loudspeaker stack, signage and advertising boarding that is erected for an event and does not form part of the permanent structure of a venue;"tent" means a portable or temporary structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by one or more poles or in any other any manner except by air or its contents;"underground tank" means a tank used or intended to be used for the storage of flammable liquid wholly sunk into and below the surface of the ground;"venue" means any area or place, other than a stadium where an event is hosted, that has a seating or standing spectator capacity as prescribed by the SASREA Act, No 2 of 2010, as amended, or as certified by a municipality, within which other permanent or temporary structures may be erected and which may be demarcated by an enclosed or semi-enclosed permanent or temporary structure; and"wholesale dealer" means a person, including a juristic person, who supplies or sells fireworks to any other person or dealer for the purpose of resale.
|Category||Closed cup flash point||Initial Boiling Point(°C)|
|3.||≥23≤ 60(°C)||>35 (°C)|
|4.||>60≤100 (°C)||>35 (°C)|
2. InterpretationIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
Objects of By-law
3. Objects of By-lawThe objects of this By-law are to—
4. Application of By-lawThis 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.
Prevention of fire hazards
5. Prevention of fire hazards
7. Dealing with fireworks
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
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 kitchensAny 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
25. Fire extinguishers, hydrants and fire hose reels
26. Fire detection and alarm systemsA 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 systemsNotwithstanding 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 systemsWhere 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);
|Fire Hose Reels||12 months||SANS 10400-T2 (1)(b);
SANS 1475-2; SANS 0543
|Fire Hydrants||12 months||SANS 10400-T2 (1)(b);
|Sprinkler Systems/Drenchers||Weekly/12 months/3 yearly||SANS 10400-T2(1)(b)
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 systemA person may not—
Emergency preparedness plan
33. Emergency preparedness plan
Prevention and control of overcrowding
34. Population certificate and grading certificate
35. Attendance by service
36. Application of this ChapterNotwithstanding 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 tanksThe 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 containersAny 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 deliveryA 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 containersA 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 boothA 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 sprayingA 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 roomEvery 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 roomWhere 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 roomsEvery 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 roomNo person may—
68. Fire extinguishing equipment in spraying room
69. Spraying rooms, spraying booths and spraying cabinets designed to other standardsNotwithstanding 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
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
Fire brigade service
74. Objects of ServiceThe 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
Offences and penalties
79. Offences and penalties
Administration and enforcement
80. Enforcement provisions
82. Denial, suspension or revocation of approval, certificate or authorisationThe 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—
84. Authority to investigateNotwithstanding 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
89. Repeal of lawsThe 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 commencementThis 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 By-law
27 October 2022 this versionPublished in Provincial Gazette no. 2467By-law commences.
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