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Fire Safety By-law, 2014
- Published in Western Cape Provincial Gazette no. 7285 on 11 July 2014
- Commenced on 11 July 2014
- [Up to date as at 15 December 2021]
DEFINITIONS AND INTERPRETATION OF THIS BY-LAW
1. DefinitionsIn 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:—(a)any 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—(i)the accommodation or convenience of human beings or animals;(ii)the manufacture, processing, storage or sale of any goods;(iii)the rendering of any service;(iv)the destruction or treatment of combustible refuse or combustible waste;(v)the cultivation or growing of any plant or crop;(b)any wall, swimming pool, reservoir or bridge or any other structure connected therewith;(c)any fuel pump or any tank used in connection therewith;(d)any part of a building, including a building as defined in paragraph (a) or (b;)(e)any 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;"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;"West Coast District Municipality" means the West Coast District Municipality established in terms of section 12 of the Municipal Structures Act, (Act 117 of 1998);"Category B municipality" means a municipality within the area of jurisdiction of the West Coast District municipality as contemplated in section 155(1) of the Constitution;"certificate of fitness" means a certificate contemplated in section 41;"certificate of registration" means a certificate contemplated in section 64;"chief fire officer" means the chief fire officer appointed by the municipality in terms of section 5 of the Fire Brigade Services Act and includes any person appointed as acting chief fire officer;"class" means a class of petroleum product based on the following classification—(a)Class O: liquefied petroleum gasses;(b)Class I: liquids subdivided as follows:(i)Class IA: liquids which have a closed-cap flash point below 23°C and a boiling point below 35°C; and(ii)Class IB: liquids which have a closed-cap flash point below 23°C and a boiling point of 38°C or above;(iii)Class IC: liquids which have a closed-cap flash point of 23°C or above but below 38°C;(c)Class II: liquids which have a closed-cap flash point of 38°C or above but below 60, °5C;(d)Class IIIA: liquids which have a closed-cap flash point of 60,5°C or above but below 93°C; and(e)Class IIIB: liquids which have a closed-cap flash point of 93°C or above;"combustible liquid" means a liquid which has a close-cap flash point of 38°C or above;"combustible material" means combustible refuse, combustible waste or any other material capable of igniting;"combustible refuse" means combustible rubbish, litter or material that is discarded, refused, rejected, or considered worthless;"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;"competent person" means a person who is qualified by virtue of his or her experience and training;"control room" means a room on any premises which is equipped and used to co-ordinate and control an emergency situation in or on designated premise;"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);"Criminal Procedure Act" means the Criminal Procedure Act, 1077 (No, 51 of 1977);"dangerous goods" means any flammable gas, flammable liquid or flammable solid as contemplated in SANS 0228;"designated area" means a place designated as such in terms of section 60;"designated premises" means any premises designated and registered as such by the municipality and which is required to have an emergency evacuation plan as contemplated in section 38 of this by-law;"district" means the area of jurisdiction of the West Coast District Municipality and includes the area of jurisdiction of the Category B municipalities within such area;"dwelling house" means a single dwelling unit situated on its own site, including any motor vehicle garage and other domestic outbuildings on that site;"dump" means to abandon or discard any hazardous substance by depositing, discharging, spilling or releasing it;"emergency" means any incident or eventuality which seriously endangers or may endanger any person or property;"emergency evacuation plan" means an emergency evacuation plan contemplated in section 38;"emergency route" means that part of any escape route which—(a)protects the occupiers of any building from fire; and(b)leads to an escape door;"enclosed place" in respect of domestic animals means any kraal, cage, camp or similar enclosure where domestic animals are kept or exercised;"escape door" means any door at the end of an emergency route and includes any door providing entrance to, or exit from, a building;"escape route" means the entire path of travel, measured from an escape door to the furthest point in any room in a building;"explosives" means explosives as defined in section 1 of the Explosives Act, 1956 and the regulations promulgated there under;"Explosives Act" means the Explosives Act, 1956 (Act No. 26 of 1956), and any regulations made under that Act;"extinguishing stream" means the amount of water that the municipality needs in order to extinguish a fire;"feeder route" means that part of an escape route which allows travel in two different directions to the access doors of at least two emergency routes;"Fire Brigade Services Act" means the Fire Brigade Services Act, 1987. (Act No. 99 of 1987), and any regulations made under that Act;"fire control zone" means an area that falls within the jurisdiction of a local authority where no making of fires is allowed within a stipulated period;"fire damper" means an automatic damper, including its assembly, which complies with the requirements of SANS 193;"fire door" means an automatic or self-closing door or shutter assembly especially constructed to prevent the passage of fire for a specific length of time;"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;"fire-fighting equipment" means any portable or mobile fire extinguisher, hose reel or fire hydrant;"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 installation" means any water installation which conveys water solely for the purposes of fire-fighting;"fire protection installation" means any device or system designed and installed to—(a)detect, control or extinguish a fire, or(b)alert occupants or the fire service, or both, to a fire;but excludes portable and mobile fire extinguishers;"fire risk category" means the definition of the risk profile of any sub-area within the area of the controlling authority as provided for in SANS 10090 and includes—Category A: Central business districts and extensive commercial and industrial areas normally found in cities and large towns (areas where the risk to life and property are likely to be high due to fire occurrence and spread).Category B: Limited central business districts, smaller commercial or industrial areas normally associated with small towns and decentralised areas of cities and large towns (areas where the risk to life and property is likely to be moderate due to fire occurrence and spread).Category C: Residential areas of conventional construction.Category D: Rural risks of limited buildings and remote from urban areas.Category E: Special risks. Individual risks requiring a pre-determined attendance over and above the predominant risk category in an area; Includes large shopping or entertainment centres, informal settlements, harbours, hospitals, prisons, large airport buildings, high-rise buildings and petrochemical plants."fireworks" means any explosive device or substance which burns or explodes after ignition, including firecrackers, and which is regulated under the Explosives Act, 1956 Act 26 of 1956;"fireworks display" means the use of fireworks for purposes of a public display;"flammable gas" means a gas which at 20°C and a standard pressure of 101,3 kilopascals—(a)is ignitable when in a mixture of 13% or less by volume with air; or(b)has a flammable range with air of at least 12%, regardless of the lower flammable limit;"flammable liquid" means a liquid or combustible liquid which has a closed-cap flash point of 93°C or below;"flammable solid" as contemplated in SANS10228, means a solid that is easily ignited by external sources, such as sparks and flames, solids that are readily combustible, solids that are liable to cause, or contribute to, a fire through friction or solids that are desensitised (wetted) explosives that can explode if not diluted sufficiently;"flammable store" means a store that is used for the storage of flammable liquids and complies with the criteria set out in Chapter 8 of this by-law;"flammable substance" means any flammable liquid, combustible liquid or flammable gas;"Group I, II, III, V, VI, VIII and IX hazardous substances" means Group I, II, III, V, VI, VIII and IX hazardous substances, as the case may be, as contemplated in the Hazardous Substances Act;"hazardous substance" means any hazardous substance contemplated in the Hazardous Substances Act;"Hazardous Substances Act" means the Hazardous Substances Act, 1973 (Act No. 15 of 1973), and any regulations made under that Act;"Land Survey Act" means the Land Survey Act, 1997 (Act No. 8 of 1997);"liquefied petroleum gas" means a mixture of light hydrocarbons (predominantly propane, butane) that is gaseous under conditions of ambient temperature and pressure and that is maintained in a liquid state by an increase of pressure or lowering of temperature;"municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act, or his nominee;"municipality" means Swartland Municipality, established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent or any employee acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"member" means a member of the Service and includes the chief fire officer;"National Archives and Record Service of South Africa Act" means the National Archives and Record Service of South Africa Act, 1996 (Act 43 of 1996);"National Building Regulations" means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), and any regulations made under that Act;"National Road Traffic Act" means the National Road Traffic Act, 1996. (Act No. 93 of 1996), and any regulations made under that Act;"Occupational Health and Safety Act" means the Occupational Health and Safety Act, 1993 (Act No 85 of 1993);"occupier" means any person who occupies or has control over any premises;"owner" in relation to premises means the person in whom is vested the legal title thereto; provided that—(a)in the case of immovable property—(i)leased for a period of not less than 50 years, whether the lease is registered or not, the lessee thereof, or(ii)beneficially occupied under a servitude or right analogous thereto, the occupier thereof;(b)if the owner as hereinbefore defined—(i)is deceased or insolvent, has assigned his estate for the benefit of his creditors, has been placed under curatorship by order of court or is a company being wound up or under judicial management, the person in whom the administration of such property is vested as executor, administrator, trustee, assignee, curator, liquidator or judicial manager, as the case may be, or(ii)is absent from the Republic of South Africa, or if his address is unknown to the municipality, any person who as agent or otherwise receives or is entitled to receive the rent in respect of such property, and(iii)if the municipality is unable to determine who such person is, the person who is entitled to the beneficial use of such property, shall be deemed to be the owner thereof to the exclusion of the person in whom is vested the legal title thereto;"person in charge" means—(a)in 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)in 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)in 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 mentioned in (a); and(d)in the event of the chief fire officer being unable to determine the identity of a person mentioned in (a), (b) and (c), any person who is in the opinion of the chief fire officer deemed to be in charge of such premises, building or installation;"Promotion of Access to Information Act" means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);"prescribed" means as determined by the municipality;"premises" means any land, building, terrain, road, construction or structure or part thereof and includes any train, boat, aircraft or other vehicle;"prescribed fee" means a fee determined by the municipality by resolution in terms of section 75A of the Municipal Systems Act, or any other applicable legislation;"public gathering" includes any gathering by members of the public—(a)to view any theatrical or operatic performances, orchestral or choral recitals or cinematic-graphic screenings; or(b)to attend, practice or participate in any indoor sports activity, dance, physical activity or other recreational activity;"public place" means any square, park, recreation ground, beach, sports ground, sanitary lane or open space which has—(a)been provided, reserved or set apart for use by the public or at any time been dedicated to the public;(b)been used by the public without interruption for a period of at least thirty years; or(c)at any time been declared or rendered such by the municipality or other competent authority;"registered premises" means any premises in respect of which a certificate of registration has been issued;"SANS" means the South African National Standards contemplated in section 24 of the Standards Act, 2008 (Act No. 8 of 2008), and SANS followed by any number means a reference to a SANS code of practice, specification or standard of the corresponding number;"service" means the Fire Brigade Service established and maintained by the municipality as contemplated in section 4;"service installation" means any automatic fire-extinguishing installation, fire pump connector, fire pump, emergency power or stand-by generator, fire detection, locating or alarm system, emergency lighting or evacuation communication system, mechanical ventilation system, pressure regulation system, smoke ventilation system, hoist, symbolic safety sign and smoke or fire door assembly;"spray" means to spray, coat, plate or epoxy-coat with any hazardous substance and "spraying" has a corresponding meaning;"spraying permit" means a permit contemplated in section 124;"spraying room" means a room contemplated in section 123;"State" means:—(a)any department of state or administration in the national, provincial or local sphere of government, or(b)any other functionary or institution—(i)exercising a power or performing a function in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any legislation, but does not include a court or judicial officer;"storage vessel" means a pressure vessel as defined in the Regulations for Pressure Vessels made under the Occupational Health and Safety Act;"store room" means a room for storage of flammable substances contemplated in section 79;"street" means any street, road, cycle path, thoroughfare or any other place, including—(a)the verge of any such road, street or thoroughfare;(b)any footpath, sidewalk or similar pedestrian portion of a road reserve;(c)any bridge, ferry or drift traversed by any such road, street or thoroughfare;(d)any other object belonging to such road, street or thoroughfare, which has at any time been—(i)dedicated to the public;(ii)used without interruption by the public for a period of at least thirty years;(iii)declared or rendered such by the municipality or other competent authority, or(iv)constructed by a local authority, and(v)any land, with or without buildings or structures thereon, which is shown as a street on—(aa)any plan of subdivision or diagram approved by the municipality or other competent authority and acted upon, or(bb)any general plan as defined in the Land Survey Act, 1997 registered or filed in a deeds registry or Surveyor General’s office, unless such land is on such plan or diagram described as a private street;"this by-law" includes the Schedules published in terms of this by-law;"summary abate" means to immediately judge a condition to be a fire hazard or other threatening danger to life or property and to order immediate correction of such condition;"underground tank" means any tank used or intended to be used for the storage of any flammable liquid and which is wholly sunk into and below the surface of the ground;"use" in relation to fireworks means discharging, lighting or igniting;"vegetation" includes grass, weeds, leaves, shrubs and trees; and"vehicle" includes a trailer or semi-trailer which—(a)has at least 4 wheels with independent axles and suspension systems; and(b)can be hitched to a truck-tractor or any other motor vehicle contemplated in the National Road Traffic Act.
PURPOSE AND APPLICATION OF BY-LAW
2. Purpose of by-lawThe 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
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
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 ServiceNo 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 informationNo 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 certificateThe chief fire officer may refuse, suspend or revoke an approval or a certificate required by this by-law for—(a)failure to meet the requirements of this by-law for the issue of the approval or certificate; or(b)non-compliance with the provisions of the approval or certificate.
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
Part A - Fire protection for buildings and premises
24. General provisionsThe 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 sitesEvery person who designs or constructs any dumping site, must ensure that it is designed and constructed in accordance with the instructions of—(a)the Department of Water Affairs and Forestry; and(b)the municipality.
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 buildingsEvery 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—(a)remove all combustible waste and refuse from the building; and(b)block, barricade or otherwise secure all windows, doors and other openings in the building in a manner that will prevent the creation of any fire hazard caused by entering of the building by any unauthorised person.
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 fitnessThe holder of a certificate of fitness must—(a)comply with the provisions of the certificate of fitness;(b)at all times—(i)display the certificate prominently on the premises; and(ii)maintain the certificate in a legible condition;(c)immediately notify the chief fire officer in writing of any change to the trade name, activity or governing or similar body of any occupier of the building or structure;(d)submit any application for renewal of the certificate of fitness at least 30 days before its expiry in the form and manner prescribed.
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 requirementsEvery 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 of
(litres per minute)
|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 fire
volume measured at
(litres per minute)
between fire hydrants
|Moderate risk||1 150||180|
49. Fire risk categories
50. Connections to water reticulation system
Part F - Prevention of fire hazards
51. Applicable legislationThe 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 appliancesNo person may cause or allow—(a)any electrical supply outlet to be overloaded; or(b)any electrical appliance or extension lead to be used in any manner that may pose a fire hazard to any person or property.
55. 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.
56. Discard of flammable liquid or substance in sewers or drains
57. Flammable gasNo 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 areasIn the event of establishment of any informal settlement, inclusive of any temporary settlement area, the following minimum requirements shall apply:(a)a safety distance of 3 metres between structures shall be maintained;(b)the settlement must be divided into blocks of not more 20 structures per block, with a minimum distance of 6 metres between blocks.
REGULATION OF FIREWORKS
60. Designation of places and conditions
61. Discharge of fireworks
62. Dealing in fireworks
63. Seizure of fireworksA 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.
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 substancesAn 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 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.
68. Fire-fighting equipment
69. Amendment to certificate of registrationThe chief fire officer may amend any certificate of registration on application by the holder.
70. Cancellation of certificate of registrationThe 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 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.
72. No authorisation required for certain motor vehicle fuel tanks
73. 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.
DECLARATION OF FIRE CONTROL ZONES
74. Fire Control Zones
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 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
79. Storage of flammable substances prohibited in certain circumstancesNo person may store or allow the storage of any flammable substance in any storeroom unless—(a)that person has a certificate of registration contemplated in section 64(1) ; and(b)the storeroom complies with the requirements of this by-law and any other applicable law.
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 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—(a)that the storeroom is provided with a foam inlet consisting of a 65mm male instantaneous coupling and mild steel pipe work leading to the inside thereof; and(b)that the foam inlet is identified by a sign in block letters at least 100 millimetres high, displaying the words "foam inlet".
89. Shelving in storeroomsThe 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 prohibitedNo person may—(a)without the authority of the owner or person in charge, enter or allow any other person to enter any flammable storeroom;(b)use any storeroom or allow it to be used for any purpose other than for the use, handling or storage of flammable substances;(c)allow any person to work in a storeroom unless all the doors of the storeroom are wide open or the mechanical ventilation system is switched on; or(d)place or allow to be placed any obstruction or hindrance in a passage of any storeroom or in front of any storeroom door.
91. Mixing and decanting roomsThe 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 safeThe 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 tanksNo person may enter or allow any other person to enter any storage tank that has at any time contained a flammable substance—(a)until such tank has been de-aerated and made free of gas and fumes as contemplated in SANS 10089 (Part I); or(b)unless that person—(i)is wearing an effective self-supporting breathing apparatus; and(ii)is attached to a rescue rope under the control of a competent and responsible person.
98. Termination of storage and use of flammable substances
99. Container handling and storage
100. Application for the approval of plans
101. Issuing of certificates of registration
102. Supply of hazardous substancesNo person may—(a)supply, have supplied or permit to be supplied to any unregistered premises, greater quantities of any hazardous substance than referred to in table 1 of this by-law;(b)deliver or supply any other group of hazardous substance or greater quantities thereof than are specified in the applicable certificate of registration for any premises or person;(c)handle or permit any container containing a hazardous substance to be handled in such a manner that will damage such container;
103. Flammable liquid in fuel tanks of vehicles or enginesNotwithstanding 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—(a)it is contained in the fuel tank of a motor vehicle for normal use; and(b)it is contained in the fuel tank of a stationary engine, provided that the volume of the fuel tank does not exceed 1 000 litres and it is surrounded by an impervious bund wall, volumetrically capable of containing the maximum proposed quantity of liquid, plus 10% of the volume of the tank.
104. Renewal of spraying permits or certificates of registrationAny 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" SignsThe 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.
Maximum quantities of hazardous substances for Exemption from Certificates of Registration (Regulation 31) and Service Transport Permits (Regulation 52)
|1.||Group I: explosives||No exemption|
|2.||Group II: Gases|
|2.1||Flammable gases||100kg total cylinder
|2.2||Non-flammable gases||333kg total cylinder
|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 and
|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/caustic
|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 in
|9.||Group IX: Miscellaneous substances|
109. Group I hazardous substancesAll 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 liquidsNo 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 tanksA 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; and
TRANSPORT, SUPPLY AND DELIVERY OF DANGEROUS GOODS
113. Transport of dangerous goods prohibited without permitsThe owner of any vehicle used for transporting dangerous goods, must—(a)be in possession of a valid transport permit issued in accordance with the National Road Traffic Act; and(b)ensure that the transport permit is available in the vehicle for inspection at all times.
114. Application for transport permitsAn 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 permitThe 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 permitsA 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 tankersEvery person who designs, constructs, maintains or repairs any road tanker for the transportation of dangerous goods must—(a)comply with the provisions of SANS 10189, SANS 1398, SANS 10233, SANS 10087, Part 6 SANS 10089, Part 1, SANS 10230 and SANS 1518, as the case may be; and(b)ensure that the road tanker is labelled in a manner that complies with the provisions of SANS 10232 and any applicable law.
119. Design, construction, maintenance and repair of other vehiclesEvery person who designs, constructs, maintains or repairs any vehicle for the transportation of dangerous goods, except a road tanker, must ensure that the vehicle—(a)is designed and constructed—(i)to safely transport the quantity and type of dangerous goods for which the vehicle is intended to be used; and(ii)with at least two independent axle systems, each with its own suspension system, excluding any trailer forming part of an articulated vehicle;(b)is equipped with—(i)a safety edge or safety railing—(aa)at least 1 metre high when measured from the surface of the body of the vehicle; and(bb)capable of securing dangerous goods containers;(ii)strong and durable straps—(aa)capable of fastening dangerous goods containers securely to the body of the vehicle;(bb)that are anchored firmly to the bodywork of the vehicle; and(cc)that are fitted with a reversible cog winch mechanism that can be locked;(iii)electrical wiring that complies with SANS 314;(iv)at least 2 static-free wheel blocks;(v)a power insulating switch, excluding the ignition switch, situated in close proximity to the vehicle battery and in a position readily accessible in any emergency; and(vi)a spark-proof and static-free tank that is designed,constructed and equipped to protect any dangerous goods consignment from shock or ignition while in transit.
120. General prohibitions regarding transport of dangerous goods
121. Supply of dangerous goods prohibited in certain circumstances
122. 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.
SPRAY PAINTING AND SPRAYING ROOMS
123. Spray rooms and boothsA 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 permitNo 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—(a)that person is in possession of a spraying permit contemplated in section 125; and(b)the spraying, coating, plating or epoxy-coating is conducted in a spraying room approved by the chief fire officer on premises registered for that purpose.
125. Application for spraying permitAny 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 permitThe provisions of section 45, read with the necessary changes, apply to the cancellation by the chief fire officer of any spraying permit.
127. Handling of animals during emergencies
128. Exemption from provisions of this by-law
129. Approval, authorisation or permission under this by-lawAny 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—(a)by completing and submitting an application in the form and manner determined by the municipality; and(b)by paying the prescribed fee.
130. Cancellation of approval, authorisation or permissionThe provisions of section 45, read with the necessary changes, apply to any approval, authorisation or permission contemplated in section 129.
131. By-law binds StateThis by-law binds the State and any person in the service of the State.
132. AppealA 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 penaltiesA 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—(a)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment;(b)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued and,(c)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
134. Repeal of by-lawsThe 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 commencementThis 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 versionPublished in Western Cape Provincial Gazette no. 7285By-law commences.