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Swartland
South Africa
South Africa
Fire Safety By-law, 2014
- Published in Western Cape Provincial Gazette no. 7285 on 11 July 2014
- Commenced on 11 July 2014
- [This is the version of this document from 11 July 2014 and includes any amendments published up to 17 June 2022.]
Chapter 1
DEFINITIONS AND INTERPRETATION OF THIS BY-LAW
1. Definitions
In this by-law the English text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates—"above ground storage tank" means a tank situated above ground for the storage of flammable substances as contemplated in SANS 10131 and SANS 10089 Part 1 and SANS10087 Part 3;"agricultural holding" means a portion of land not less than 0,8 hectares in extent used solely or mainly for the purpose of agriculture, horticulture or for breeding or keeping domesticated animals, poultry or bees;"animal" means any animal that is kept for domestic, breeding, research, agricultural, resale, veterinary treatment or animal welfare purposes within the area of the controlling authority;"approved" means as approved by the municipality;"automatic releasing hold-open device" means a device used to hold open a fire door and operates on the detection of a fire to close the fire door;"basement" in relation to a building, means any part of the building which is below the level of the ground storey;"boundary" means any lateral or street boundary of a site;"building" means:—Chapter 2
PURPOSE AND APPLICATION OF BY-LAW
2. Purpose of by-law
The purpose of this by-law is to establish and maintain a service for the area of jurisdiction of the municipality, to promote the achievement of a fire-safe environment for the benefit of all persons within the area of jurisdiction of the municipality and to provide for procedures, methods and practices to regulate fire safety within the area of jurisdiction of the municipality.3. Application of by-law
Chapter 3
ESTABLISHMENT OF A FIRE BRIGADE SERVICE
4. Establishment and maintenance of service
5. Objects of the Service
6. Reporting a fire hazard and other threatening danger
7. Administration and enforcement
8. Delegation
9. Chief fire officer
10. Instructions by members of service
11. Pretending to be member of service prohibited
12. Certificates to identify members of service
13. Wearing of uniform and insignia
14. Driving service vehicles
15. Duties and orders during emergency situations
16. Right of access to buildings and premises and issue of instructions
17. Interference with the Service
No person may interfere with, prevent, obstruct or hinder the chief fire officer, municipal manager or any member in the execution of his duties as contemplated in this by-law or the Act.18. Furnishing of false information
No person may give any member of the Service any notice, or furnish any information regarding an outbreak of fire, or any other emergency situation requiring the attendance of the Service, and which, to his knowledge, is false or inaccurate.19. Denial, suspension or revocation of an approval or a certificate
The chief fire officer may refuse, suspend or revoke an approval or a certificate required by this by-law for—20. Records required, access to records and release of media statements
21. Failure to comply with provisions
22. Payment for services
23. Joint Fire Services Committee
Chapter 4
FIRE PROTECTION
Part A - Fire protection for buildings and premises
24. General provisions
The chief fire officer must in terms of sections 16(3) and 21(1) of this by-law abate a contravention of the National Building Regulations relating to fire and safety of buildings and premises.25. Design and construction of buildings
26. Design and construction of dumping sites
Every person who designs or constructs any dumping site, must ensure that it is designed and constructed in accordance with the instructions of—27. Design and construction of other structures and sites
28. Requirements for sprinkler systems
29. Requirements for extractor fan systems
30. Requirements for emergency exits
31. Requirement regarding fire doors and assemblies
32. Design, identification and access for fire-fighting and rescue purposes
33. Accessibility of fire-fighting equipment and fire installations
34. Barricading of vacant buildings
Every owner or person in charge of a building or portion of a building that is vacant must, to the satisfaction of the chief fire officer—35. Fire protection for thatch roof structures
Part B - Fire fighting equipment
36. Installation and maintenance of fire-fighting equipment
(c)Every owner of a building must ensure that—(a)all fire-fighting equipment and service installations on the premises are installed in a manner and condition ready for use in an emergency;(b)all portable and mobile fire-extinguishers and all hose reels on the premises are serviced and maintained in accordance with SANS 10105 and SANS 1475; and(c)all fire-fighting equipment and service installations on the premises are—(i)maintained by a competent person;(ii)inspected and serviced in accordance with manufacturer specifications; and(iii)are inspected by an appropriately registered and competent person at least once every 12months; and(d)a comprehensive service record of all fire-fighting equipment and service installations on the premises is maintained and furnished to the chief fire officer every 12 months or as otherwise directed.37. Fire alarms and fire hydrants
Part C - Emergency evacuation plans
38. Chief Fire Officer may designate premises for emergency evacuation plans
39. Duties of owner or occupier of designated premises
Part D - Public gatherings
40. Prohibition of public gatherings in certain circumstances
41. Application for certificate of fitness
42. Requirements for certificate of fitness
43. Form and content of certificate of fitness
44. Duties of holder of certificate of fitness
The holder of a certificate of fitness must—45. Cancellation of certificate of fitness
Part E - Water supply for fire fighting purposes
46. Township development water supply requirements
47. Township development fire-extinguishing stream requirements
Every person who develops or redevelops a township must ensure that the water supply provides a fire-extinguishing stream that is immediately available to the municipality in an emergency, of the following volume and duration—Fire risk category | Minimum volume ofextinguishing stream(litres per minute) | Minimum durationof extinguishingstream (hours) |
---|---|---|
High risk | 11 500 | 6 |
Moderate risk | 5 750 | 4 |
Low risk | 2 300 | 2 |
48. Township development fire hydrant requirements
Fire risk category | Minimum firehydrant deliveryvolume measured atpeak consumption(litres per minute) | Minimum distancebetween fire hydrants(metres) |
---|---|---|
High risk | 1980 | 120 |
Moderate risk | 1 150 | 180 |
Low risk | 900 | 240 |
49. Fire risk categories
50. Connections to water reticulation system
Part F - Prevention of fire hazards
51. Applicable legislation
The municipality, taking cognisance of the provisions of the Environment Conservation Act, 1989, (Act No. 73 of 1989), the National Veld and Forest Fires Act, 1998, (Act No. 101 of 1998), and the regulations made under these acts, adopts the provisions thereof in this part.52. Certain fires prohibited
53. Storage and accumulation of combustible material prohibited
54. Electrical fittings, equipment and appliances
No person may cause or allow—55. Flame-emitting devices
No 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.56. Discard of flammable liquid or substance in sewers or drains
57. Flammable gas
No person may fill any balloon or other device with flammable gas without the written authority of the chief fire officer, and subject to such conditions as he may require.58. Smoking restrictions and discarding of combustibles
59. Safety requirements for informal settlement areas
In the event of establishment of any informal settlement, inclusive of any temporary settlement area, the following minimum requirements shall apply:Chapter 5
REGULATION OF FIREWORKS
60. Designation of places and conditions
61. Discharge of fireworks
62. Dealing in fireworks
63. Seizure of fireworks
A member of the Service or a law enforcement officer of the municipality may take into his possession any fireworks found by him in contravention of section 61(1) and such fireworks must be dealt with in terms of the relevant provisions of the Criminal Procedure Act relating to seizure and disposal.Chapter 6
CERTIFICATE OF REGISTRATION FOR USE, HANDLING AND STORAGE OF FLAMMABLE SUBSTANCES
64. Use, handling and storage of flammable substances prohibited in certain circumstances
65. Application for certificate of registration for flammable substances
An application for a certificate of registration contemplated in section 64 (1) must be completed and submitted in the form and manner prescribed.66. Issue of certificate of registration
67. Availability of certificate of registration at premises
The 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.68. Fire-fighting equipment
69. Amendment to certificate of registration
The chief fire officer may amend any certificate of registration on application by the holder.70. Cancellation of certificate of registration
The provisions of section 45, read with the necessary changes, apply to any cancellation by the chief fire officer of a certificate of registration.71. Renewal of certificate of registration
Any 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.72. No authorisation required for certain motor vehicle fuel tanks
73. Record of certificates of registration
The chief fire officer must keep updated records of all premises in respect of which a certificate of registration has been issued, amended or renewed.Chapter 7
DECLARATION OF FIRE CONTROL ZONES
74. Fire Control Zones
Chapter 8
GENERAL PROVISIONS REGARDING THE USE, HANDLING AND STORAGE OF FLAMMABLE SUBSTANCES
75. General prohibitions regarding the use, handling and storage of flammable substances
76. Use, handling and storage of liquefied petroleum gas
77. Display of symbolic warning signs required
78. Duty to report fires, accidents and dumping
If 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.Chapter 9
STORAGE OF FLAMMABLE SUBSTANCES
79. Storage of flammable substances prohibited in certain circumstances
No person may store or allow the storage of any flammable substance in any storeroom unless—80. Taking of samples in respect of flammable substances
81. Symbolic safety signs must be displayed
82. Construction of flammable substance storerooms
83. Requirements for storeroom doors
84. Requirements for storeroom windows
85. Requirements for storeroom catch pits
86. Ventilation of storerooms
87. Electrical equipment in storerooms
88. Foam inlets required for certain storerooms
The 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—89. Shelving in storerooms
The owner or person in charge of a flammable storeroom must ensure that any racking of shelving erected or installed in the storeroom is of non-combustible material.90. Unauthorised use and entry of storerooms prohibited
No person may—91. Mixing and decanting rooms
The owner or person in charge of any premises where quantities of flammable liquids exceeding those stipulated in Schedule 2 are decanted or mixed, must ensure that any room where decanting or mixing takes place complies with all requirements of this by-law applicable to storerooms.92. Temporary above ground storage of flammable substances
93. Hand tools must be intrinsically safe
The owner or person in charge of any flammable substance storeroom must ensure that any hand tool used in the storeroom is intrinsically safe.94. Permanent above ground storage tanks for flammable liquids
95. Underground storage tanks for flammable liquids
96. Installing, erecting, removing and demolishing prohibited without prior notice
97. Repair and maintenance of access to storage tanks
No person may enter or allow any other person to enter any storage tank that has at any time contained a flammable substance—98. Termination of storage and use of flammable substances
99. Container handling and storage
Chapter 10
HAZARDOUS SUBSTANCES
100. Application for the approval of plans
101. Issuing of certificates of registration
102. Supply of hazardous substances
No person may—103. Flammable liquid in fuel tanks of vehicles or engines
Notwithstanding anything to the contrary in this by-law and for the purpose of the registration of premises, flammable liquid is not deemed to be stored, handled or transported provided—104. Renewal of spraying permits or certificates of registration
Any holder of a certificate of registration or spraying permit must submit an application for renewal of the certificate or permit to the municipality on the prescribed form before the first working day of December each year, which form must be accompanied by the prescribed fees; provided that the municipality may require further, additional or amended plans of registered premises for the purposes of renewal.105. Temporary storage of hazardous substances
106. Delivery of hazardous substances
107. Prohibition of certain actions
108. "No Smoking" Signs
The owner of a building must, in areas where flammable and/or explosive hazardous substances are used, stored and handled, display SANS 1186 symbolic signs prohibiting smoking and open flames. Such signs must be of the size specified by the municipality and must be prominently displayed.TABLE 1
Maximum quantities of hazardous substances for Exemption from Certificates of Registration (Regulation 31) and Service Transport Permits (Regulation 52)
(A) | SINGLE-LOAD HAZARDOUSSUBSTANCES | QUANTITIES MAYNOT EXCEED |
---|---|---|
1. | Group I: explosives | No exemption |
2. | Group II: Gases | |
2.1 | Flammable gases | 100kg total cylindercapacity |
2.2 | Non-flammable gases | 333kg total cylindercapacity |
2.3 | Toxic gases | No exemption |
3. | Group III: Flammable liquids | |
3.1 | Flash point ≤18 °C | 100 litres |
3.2 | Flash point >18 °C but ≤23 °C | 420 litres |
3.3 | Flash point >23 °C but ≤61 °C | 1 100 litres |
3.4 | Flash point >23 °C but ≤61 °C | 1 100 litres |
4. | Group IV: Flammable solids | |
4.1 | Flammable solids | Section 1.01 250kg |
4.2 | Pyrophoric substances | No exemption |
4.3 | Water-reactive substances | No exemption |
5. | Group V: Oxidising agents andorganic peroxides | |
5.1 | Oxidising agents | 200kg |
5.2 | Group I organic peroxides in packets | No exemption |
5.3 | Group II organic peroxides in packets | 200kg |
6. | Group VI: Toxic/Infective substances | |
6.1 | Group I toxic substances in packets | 5kg |
6.2 | Group II toxic substances in packets | 50kg |
6.3 | Group III toxic substances in packets | 500kg |
6.4 | Infective substances | No exemption |
7. | Group VII: Radioactive materials | No exemption |
8. | Group VIII: Corrosive/causticsubstances | |
8.1 | Group I acids in packets | 50kg |
8.2 | Group II acids in packets | 200kg |
8.3 | Group III acids in packets | 1000kg |
8.4 | Group I alkaline substances in packets | 50kg |
8.5 | Group II alkaline substances in packets | 200kg |
8.6 | Group III alkaline substances inpackets | 1000kg |
9. | Group IX: Miscellaneous substances | |
9.1 | Liquids | 210 litres |
9.2 | Solids | 210kg |
(B) | MULTIPLE-LOAD HAZARDOUSSUBSTANCES | No exemption |
109. Group I hazardous substances
All Group I hazardous substances (explosives) must be handled, used, stored and transported in accordance with the provisions of SANS 10228, 10229, 10232 and 10263, the Explosives Act, 1956, and the Hazardous Substances Act, 1973, and any regulations made under these Acts, as the case may be.110. Group II hazardous substances
111. Underground storage of flammable liquids
No person may install, use or utilise or attempt to install, use or utilise any storage tank for the under-ground storage of flammable liquids, unless the tank has been manufactured in accordance with the provisions of SANS 10535.112. Installation of storage tanks
A storage tank for Group III hazardous substances must be installed in accordance with the provisions of SANS 10400; SANS 10089, Parts I, II and III; SANS 10131, Parts I, II and III; SANS10108 and SANS10086; provided that:(a)all storage tanks installed indoors must be installed in accordance with the provisions of SANS 10131;(b)all pumps and filling devices installed indoors must be in purpose-built, registered premises;(c)all installations, as contemplated in subsection 110(1) and (2), are subject mutatis mutandis to the provisions of section 100 and section 101 of this by-law; andChapter 11
TRANSPORT, SUPPLY AND DELIVERY OF DANGEROUS GOODS
113. Transport of dangerous goods prohibited without permits
The owner of any vehicle used for transporting dangerous goods, must—114. Application for transport permits
An application for a transport permit must be completed and submitted to the chief fire officer in the form and manner prescribed.115. Requirements of transport permits
116. Cancellation of transport permit
The provisions of section 45, read with the necessary changes, apply to any cancellation of a transport permit by the chief fire officer.117. Exemption from transport permits
A transport permit contemplated in section 113 is not required for the transportation of dangerous goods of the type and not exceeding the quantities stipulated in Schedule 3.118. Design, construction, maintenance and repair of road tankers
Every person who designs, constructs, maintains or repairs any road tanker for the transportation of dangerous goods must—119. Design, construction, maintenance and repair of other vehicles
Every person who designs, constructs, maintains or repairs any vehicle for the transportation of dangerous goods, except a road tanker, must ensure that the vehicle—120. General prohibitions regarding transport of dangerous goods
121. Supply of dangerous goods prohibited in certain circumstances
122. Records of transport permits
The chief fire officer must keep updated records of all vehicles in respect of which a transport permit has been issued, amended or renewed.Chapter 12
SPRAY PAINTING AND SPRAYING ROOMS
123. Spray rooms and booths
A spray room, booth or area designated for the application of a flammable liquid must be constructed and equipped according to the requirements in Schedule 4 of this by-law and must be operated in such a manner as to comply with the General Safety Regulations promulgated in terms of the Occupational Health and Safety Act.124. Spraying prohibited without spraying permit
No person may spray, coat, plate or epoxy-coat any vehicle, article, object or building or part thereof or allow them to be sprayed, coated, plated or epoxy-coated with any flammable substance unless—125. Application for spraying permit
Any person who wishes to obtain a spraying permit must complete and submit to the chief fire officer an application form for such permit in the form and manner as prescribed.126. Cancellation of spraying permit
The provisions of section 45, read with the necessary changes, apply to the cancellation by the chief fire officer of any spraying permit.Chapter 13
MISCELLANEOUS
127. Handling of animals during emergencies
128. Exemption from provisions of this by-law
129. Approval, authorisation or permission under this by-law
Any person who requires any approval, authorisation or permission contemplated in this by-law in respect of which no application procedure is provided, must apply for that approval, authorisation or permission—130. Cancellation of approval, authorisation or permission
The provisions of section 45, read with the necessary changes, apply to any approval, authorisation or permission contemplated in section 129.131. By-law binds State
This by-law binds the State and any person in the service of the State.132. Appeal
A person whose rights are affected by a decision of the municipality in terms of delegated powers, may appeal against that decision by giving written notice of the appeal and the reasons therefor in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.133. Offences and penalties
A person who contravenes any provision or fails to comply with any provision of this by-law or who fails to comply with a notice issued in terms of this by-law, commits an offence and shall on conviction be liable to—134. Repeal of by-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law,135. Short title and commencement
This by-law is called the Swartland Fire Safety by-law and comes into operation on the date of publication in the Provincial Gazette.History of this By-law
-
11 July 2014 this version
Published in Western Cape Provincial Gazette no. 7285By-law commences.
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