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Emergency Services By-law, 2004
- Published in Gauteng Provincial Gazette no. 179 on 21 May 2004
- Commenced on 21 May 2004
- [This is the version of this document from 31 August 2011 and includes any amendments published up to 24 March 2023.]
- [Amended by Emergency Services: Amendment (Local Authority Notice 1118 of 2011) on 31 August 2011]
PreambleThe Municipal Manager of the City of Johannesburg Metropolitan Municipality hereby, in terms of section 13(a) of the Local Government Municipal Systems Act, 2000 (Act No. 32 of 2000), publishes the Emergency Services By-laws for the City of Johannesburg Metropolitan Municipality as approved by its Council, as set out hereunder.
Application and interpretation of by-laws
1. Application of by-laws
2. Definitions and interpretation
Fire prevention and fire protection
Part 1 – Fire prevention
3. Certain fires prohibited
4. Storage and accumulation of combustible material prohibited
5. Electrical fittings, equipment and appliancesNo person may cause or allow –
6. Flame-emitting devicesNo person may use or cause or allow the use of any flame-emitting device,including but not limited to any candle, lantern or torch, in any manner that may pose a fire hazard to any person or property.
7. Safety fire-breaks required
Part 2 – Fire protection
8. Design and construction of buildings
9. Design and construction of dumping sites
10. Design and construction of other structures and sites
11. Requirements for sprinkler systems
12. Requirements for extractor fan systems
13. Requirements for emergency exits
14. Design, identification and access for fire-fighting and rescue purposes
15. Barricading of vacant buildingsEvery owner or person in charge of a building or portion of a building that is vacant must, at his or her own cost and to the satisfaction of the Chief Fire Officer –
Part 3 – Fire fighting equipment and emergency evacuation plans
16. Installation and maintenance of fire-fighting equipment
17. Chief fire officer may designate premises for emergency evacuation plans
18. Duties of owner or occupier of designated premises
19. Prohibition of public gatherings in certain circumstances
20. Application for certificate of fitness
21. Requirements for certificate of fitnessThe Chief Fire Officer may not issue a certificate of fitness in respect of a building or temporary structure
22. Form and content of certificate of fitnessA certificate of fitness must be in the form determined by the Council and must at least record the following information, where applicable:
23. Duties of holder of certificate of fitnessThe holder of a certificate of fitness must -
24. Cancellation of certificate of fitness
Part 5 – Water supply for fire-fighting purposes
25. Township development water supply requirements
26. Township development fire-extinguishing stream requirementsEvery person who develops or redevelops a township must ensure that the water supply provides a fire-extinguishing stream that is immediately available to members of the Service in an emergency, of the following volume and duration:
|Fire risk category||Minimum volume of extinguishing stream (litres per minute)||Minimum duration of extinguishing stream (hours)|
|High risk||11 500||6|
|Moderate risk||5 750||4|
|Low risk||2 300||2|
27. Township development fire hydrant requirements
|Fire risk category||Minimum fire hydrant delivery volume measured at peak consumption (litres per minute)||Minimum distance between fire hydrants (metres)|
28. Fire risk categories
29. Connections to water reticulation system
Control of fireworks
30. Use of fireworks prohibited in certain circumstances
31. Fireworks displays prohibited unless authorisedNo person may present a fireworks display unless -
32. Application to present fireworks display
33. Authority to present fireworks display
34. Dealing in fireworks
Certificate of registration for use, handling and storage of flammable substances
35. Use, handling and storage of flammable substances prohibited in certain circumstances
36. Application for certificate of registration for flammable substancesAn application for a certificate of registration contemplated in section 35(1) must be completed and submitted in the form and manner determined by the Council, together with the prescribed fee.
37. Issue of certificate of registration
38. Availability of certificate of registration at premisesThe holder of a certificate of registration must ensure that the certificate is available on the premises concerned at all times for inspection by any member of the Service.
39. Fire-fighting equipment
40. Amendment to certificate of registrationThe Chief Fire Officer may amend any certificate of registration on application by the holder.
41. Cancellation of certificate of registrationThe provisions of section 24, read with the necessary changes, apply to any cancellation by the Chief Fire Officer of a certificate of registration.
42. Renewal of certificate of registrationAny application for the renewal of a certificate of registration must be submitted to the Chief Fire Officer at least 30 days prior to the expiry date of the certificate.
43. No authorisation required for certain motor vehicle fuel tanksNo certificate of registration contemplated in section 35 or any other authorisation contemplated in these by-laws is required in respect of flammable liquids in a fuel tank -
44. Record of certificates of registrationThe Chief Fire Officer must keep updated records of all premises in respect of which a certificate of registration has been issued, amended or renewed,
General provisions regarding the use, handling and storage of flammable substances
45. General prohibitions regarding use, handling and storage of flammable substances
46. Use, handling and storage of liquefied petroleum gas
47. Display of symbolic warning signs required
48. Duty to report fires, accidents and dumpingIf any fire, accident or dumping involving a flammable substance has caused damage to any person, animal, property or the environment on any premises, the owner or occupier of the premises must immediately report it to the Chief Fire Officer.
Storage of flammable substances
49. Storage of flammable substances prohibited in certain circumstancesNo person may store or allow the storage of any flammable substance in any storeroom unless –
50. Symbolic safety signs must be displayedThe holder of a certificate of registration for a storeroom to be used for any flammable substance must ensure that-
51. Construction of flammable substance storeroomsEvery storeroom must be designed and constructed according to the following criteria:
52. Requirements for storeroom doors
53. Requirements for storeroom windows
54. Requirements for storeroom catch pits
55. Ventilation of storerooms
56. Electrical equipment in storerooms
57. Foam inlets required for certain storeroomsThe owner or person in charge of a storeroom that is used or intended to be used for storing more than 5000 litres of flammable substance must ensure -
58. Shelving in storeroomsThe owner or person in charge of a storeroom must ensure that any racking of shelving erected or installed in the storeroom is of non-combustible material.
59. Unauthorised use and entry of storerooms prohibitedNo person may –
60. Mixing and decanting roomsThe owner or person in charge of any premises where quantities of flammable liquids exceeding those stipulated in Schedule 3 are decanted or mixed, must ensure that any room where decanting or mixing takes place complies with all requirements of this Chapter applicable to storerooms.
61. Temporary above ground storage of flammable substances
62. Hand tools must be intrinsically safeThe owner or person in charge of any flammable substance storeroom must ensure that any hand tool used in the storeroom is intrinsically safe.
63. Permanent above ground storage tanks for flammable liquids
64. Underground storage tanks for flammable liquidsThe owner or person in charge of any premises used or intended to be used for the underground storage of any flammable liquid must ensure that any underground storage tank, pump, dispenser and pipe work is erected or installed in accordance with SABS 0400, SABS 089, Part 3 and SABS 0131.
65. Installing, erecting, removing and demolishing prohibited without prior notice
66. Repair and maintenance of access to storage tanksNo person may enter or allow any other person to enter any storage tank that has at any time contained a flammable substance -
67. Termination of storage and use of flammable substances
68. Container handling and storage
Transport, supply and delivery of dangerous goods
69. Transport of dangerous goods prohibited without permitsThe owner of any vehicle used for transporting dangerous goods, must -
70. Application for transport permitsAn application for a transport permit must be completed and submitted to the Chief Fire Officer in the form and manner determined by the Council together with the prescribed fee.
71. Requirements of transport permitsA transport permit -
72. Cancellation of transport permitThe provisions of section 24, read with the necessary changes, apply to any cancellation of a transport permit by the Chief Fire Officer.
73. Exemption from transport permitsA transport permit contemplated in section 69 is not required for the transportation of dangerous goods of the type and not exceeding the quantities stipulated in Schedule 3.
74. Design, construction, maintenance and repair of vehicle[heading amended by section 2(1) of LAN 1118 of 2011]Every person who designs, constructs, maintains or repairs any vehicle for the transportation of dangerous goods must -[text preceding paragraph (a) amended by section 2(2) of LAN 1118 of 2011]
75. Design, construction, maintenance and repair of dangerous goods vehicle containment area[heading amended by section 3(1) of LAN 1118 of 2011]Subject to the provisions of Section 74(a) and Section 74(b), every person who designs, constructs, maintains or repairs any containment area of the vehicle for the transportation of dangerous goods must ensure that the vehicle –[text preceding paragraph (a) amended by section 3(2) to (4) of LAN 1118 of 2011]
76. General prohibitions regarding transport of dangerous goods
77. Supply of dangerous goods prohibited in certain circumstances
78. Records of transport permitsThe Chief Fire Officer must keep updated records of all vehicles in respect of which a transport permit has been issued, amended or renewed.
79. Spraying prohibited without spraying permit
80. Application for spraying permitAny person who wishes to obtain a spraying permit must
81. Cancellation of spraying permitThe provisions of section 24, read with the necessary changes, apply to the cancellation by the Chief Fire Officer of any spraying permit. Duties of owner, occupier or person in charge of spraying room 82. Every owner, occupier and person in charge of a spraying room must ensure that –
83. Design and construction of spraying rooms
84. Water floors for spraying roomsEvery spraying room which is designed and constructed with a sunken water floor must be designed and constructed so that -
85. Electrical equipment in spraying rooms
86. Location of spraying rooms
87. Access to spraying roomsIn addition to any door for the access of motor vehicles or other objects to any spraying room, every spraying room must have at least two hinged doors for escape purposes that –
88. Ventilation of spraying roomsEvery spraying room must be equipped with a mechanical inlet and outlet ventilation system designed and installed -
89. Fire dampers, protectors and alarms in spraying rooms
90. Design and positioning of ventilation outlets for spraying roomsEvery outlet opening from a spraying room must be designed and positioned to release fumes from the spraying room into the open air at least -
91. Display of signs on spraying rooms
92. Manifold installations in spraying roomsEvery manifold installation of a Group II hazardous substance that forms an integral part of the heating system of any spraying room must -
93. General prohibitions regarding spraying roomsNo person may –
94. Fire extinguishing equipment in spraying rooms
Fire brigade services
95. Establishment and maintenance of service
96. Objects of serviceThe objects of the Service are –
97. Services to other persons
98. Instructions by members of service
99. Pretending to be member of service prohibited
100. Certificates to identify members of service
101. Cost of analysis samples
102. Handling of animals during emergencies
103. Exemption from provisions of these by-laws
104. Approval, authorisation or permission under these by-lawsAny person who requires any approval, authorisation or permission contemplated in these By-laws, in respect of which no application procedure is provided, must apply for that approval, authorisation or permission -
105. Cancellation of approval, authorisation or permissionThe provisions of section 24, read with the necessary changes, apply to any approval, authorisation or permission contemplated in section 104.
106. By-laws bind stateThese By-laws bind the State and any person in the service of the State.
107. Offences and penaltiesAny person who –
108. Repeal of by-lawsThe by-laws listed in Schedule 5 are hereby repealed.
109. Short titleThese By-laws are called the Emergency Services By-Laws, 2003.
History of this By-law
31 August 2011 this versionAmended by Emergency Services: Amendment
21 May 2004Published in Gauteng Provincial Gazette no. 179By-law commences.Read this version
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