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Swartland
South Africa

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 26 February 2021]

Under the provisions of section 156(2) of the Constitution of the Republic of South Africa, 1996, the Swartland Municipality, enacts as follows:—

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:—(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.

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

(1)This by-law is applicable to all persons within the area of jurisdiction of the municipality and includes both formal and informal sectors of the community and economy.

(2)Notwithstanding the provisions in either the Hazardous Substances Act or the Occupational Health and Safety Act, and in addition to any other applicable national or provincial law, this by-law regulates flammable substances in the area of jurisdiction of the municipality so as to prevent and reduce fire hazards or other threatening dangers.

(3)The municipality may, in terms of an agreement as contemplated in section 12 of the Act, and the payment of tariffs in accordance with the municipality’s tariff policy or as contemplated in this by-law, be employed outside the area of jurisdiction of the municipality.

(4)If any provision in this by-law vests or imposes any power, function or duty of the municipality in or on an employee of the municipality and such power, function or duty has in terms of section 81(2) of the Municipal Systems Act or any other law been assigned to a service provider, the reference in such provision to such employee must be read as a reference to the municipality provider or, where applicable, an employee of the municipality provider authorised by it.

Chapter 3
ESTABLISHMENT OF A FIRE BRIGADE SERVICE

4. Establishment and maintenance of service

(1)A service for the area of jurisdiction of the municipality is established as contemplated in section 3(1) of the Act, read with section 156 (1) (a) and Part B of Schedule 4 of the Constitution.

(2)The municipality must maintain the Service, which includes—(a)appointing a chief fire officer and the necessary members of the Service;(b)ensuring that such officer and members are properly trained; and(c)acquiring and maintaining the necessary vehicles, machinery, equipment, devices and accessories to ensure that the Service is effective and able to fulfil its objects.

5. Objects of the Service

(1)The objects of the Service are—(a)to prevent the outbreak or spread of a fire;(b)to fight and extinguish any fire that endangers any person or property;(c)to protect any person or property against any fire or other danger as contemplated in this by-law;(d)to rescue any person or property from any fire or other danger as contemplated in this by-law; or(e)to perform any other function connected with any of the matters referred to in subsection (a) to (d).

(2)The Service may provide any service related to its objects to any other person.

(3)Any service contemplated in subsection (2) may, at the discretion of the chief fire officer, be terminated without notice if the municipality’s equipment or members involved in providing that service are required to deal with an emergency situation, fire hazard or other threatening danger.

6. Reporting a fire hazard and other threatening danger

(1)An owner or the person in charge of premises, upon discovering any evidence of a fire hazard or other threatening danger as contemplated in this by-law, must immediately notify the Service.

(2)An owner or the person in charge of premises must provide all details pertaining to the incident as contemplated in subsection (1), to the Service as requested.

7. Administration and enforcement

(1)The chief fire officer is responsible for the administration and enforcement of this by-law.

(2)Where no chief fire officer has been appointed, or where no acting chief fire officer has been appointed by the municipal manager as contemplated in section 9(3), the municipal manager is responsible for the administration and enforcement of this by-law.

8. Delegation

(1)The chief fire officer may delegate any power granted to him in terms of this by-law as contemplated in section 19 of the Act or in accordance with the system of delegation of the municipality developed in terms of section 59 of the Municipal Systems Act.

(2)A municipal manager may delegate any power granted to him in terms of this by-law in accordance with the system of delegation of the municipality developed in terms of section 59 of the Municipal Systems Act.

9. Chief fire officer

(1)The chief fire officer has the powers as contemplated in sections 8(1) and 8(2) of the Act, and must also—(a)make or implement such general orders, procedures, rules and such other measures as he may consider necessary for the proper administration and enforcement of this by-law; provided that the making or implementation of such general orders, procedures, rules and such other measures are not inconsistent with the provisions of this by-law or any other by-law or policy of the municipality;(b)ensure that contact numbers in respect of the Service are made available to the public and other institutions or organisations; and(c)inform the municipal manager of operational requirements for the structuring of the Service as contemplated in section 5.

(2)Notwithstanding anything to the contrary contained in any other law, the chief fire officer has the authority to investigate the cause, origin and circumstances of any fire or other threatening danger.

(3)Whenever the chief fire officer is for any reason unable to perform his duties of office, the municipal manager must appoint a suitably qualified member of the Service as acting chief fire officer to perform the duties and functions of the chief fire officer.

10. Instructions by members of service

(1)In addition to any powers as contemplated in section 8 of the Act, a member may give any instruction to any person in order to secure compliance with this by-law or to ensure the safety of any person or property.

(2)An instruction may be given orally or in writing and if the instruction is given orally, the member must confirm it in writing and give it to the person concerned at the earliest opportunity.

(3)An instruction contemplated in subsection (1) may include, but is not limited to an instruction—(a)for the immediate evacuation of any premises;(b)to close or barricade any premises, or part thereof, until such time as any contravention of this by-law has been rectified;(c)to cease any activity;(d)to remove any immediate threat to the safety of any person or property;(e)to take specified steps to comply with this by-law, either immediately or within a specified period; and(f)if it is not reasonable for steps referred to in paragraph (e) to be taken immediately for the owner or person in charge of the premises concerned, to provide the chief fire officer with a written description of the steps to be taken and a time-table for the taking of these steps in order to ensure compliance with this by-law.

11. Pretending to be member of service prohibited

(1)No person may pretend to be a member.

(2)No person who is not a member may wear any official clothing, uniform, badge or insignia of the Service.

12. Certificates to identify members of service

(1)The chief fire officer must provide each member with an identification document identifying that person as a member.

(2)A member, while performing any function or exercising any power as contemplated in this by-law must—(a)keep the identification document provided in terms of subsection (1) , on his person; and(b)produce it for inspection on request by any person.

13. Wearing of uniform and insignia

(1)The chief fire officer and every member of the Service must wear the uniform, rank markings and insignia of the Service as prescribed.

(2)Uniforms, rank markings and insignia as contemplated in subsection (1) must be issued to the chief fire officer and members of the Service in accordance with the conditions of employment of the municipality or as agreed collectively.

14. Driving service vehicles

(1)A member may, with the written authority of the chief fire officer and as directed in the exercise of his or her duties, drive a service vehicle if he or she is in possession of a valid driving licence for the code of vehicle in question.

(2)A member, who is duly authorised to do so, as contemplated in subsection (1), must drive a Service vehicle in accordance with the provisions of the National Road Traffic Act, 1996, and any regulations made under the Act.

15. Duties and orders during emergency situations

(1)The chief fire officer or a member in charge of an emergency situation, including one attended in terms of an agreement, must, in respect of every such emergency situation, ensure that—(a)sufficient manpower and the appropriate apparatus and equipment are made available, deployed and are used without delay;(b)the emergency situation is immediately assessed upon arrival and additional resources or assistance that he may deem necessary, are called for without delay.(c)all information, including information about places and times and relevant particulars, is recorded during the emergency situation or as soon as possible after the emergency situation, and that the recorded information is preserved in accordance with the provisions of the National Archives of South Africa Act, 1996 (Act 43. of 1996), and any regulations made under the Act.

(2)Any person or body, including any State department as contemplated in section 17 of the Act, the South African Police Service and the Department of Justice, who wishes to inspect any information referred to in subsection (1)(c) must send a motivated request in writing to the chief fire officer along with the prescribed fees.

(3)Any press or media release concerning the Service, emergency situations or any matter in relation thereto must be in accordance with the policy guidelines determined by the municipality.

16. Right of access to buildings and premises and issue of instructions

(1)The chief fire officer or a member may, in executing the powers delegated in terms of this by-law or any other legislation, enter any premises at any reasonable time to conduct inspections in order to determine the existence of a fire hazard or compliance with any applicable legislation relating to fire safety on such premises.

(2)Should any fire hazard or condition of non-compliance contemplated in subsection (1) exist, such member may serve a written instruction on the owner or occupier of such premises and such notice shall incorporate such directives or requirements that are necessary to abate the condition, which instruction must determine a deadline for compliance.

(3)Whenever any condition that may increase the risk of fire or which may pose a threat to life or property exists on any premises and such condition cannot be immediately rectified, or if costs need to be incurred to rectify such condition, the owner of the premises must, after receiving any written instruction referred to in subsection (2), inform the chief fire officer forthwith, in writing, of the measures which he or she intends taking to remedy the condition and provide a programme and deadline to the chief fire officer for approval.

(4)The chief fire officer may approve the proposed measures and deadline with or without amendments and may give further instructions for compliance with the proposed or required measures.

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—(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

(1)The safekeeping of all relevant records and documents pertaining to the Service in accordance with the provisions of the National Archives and Record Service of South Africa Act is the responsibility of the municipal manager.

(2)A request for access to a record held for the purpose or with regard to the exercise of a power or the performance of a function in respect of the Service must be made in accordance with the provisions of the Promotion of Access to Information Act.

(3)Media statements regarding the Service must be released as prescribed in terms of the communication strategy of the municipality.

21. Failure to comply with provisions

(1)When the chief fire officer finds that there is non-compliance with the provisions of this by-law, excluding the situation in section 16(2), a written notice must be issued and include the following—(a)confirmation of the findings;(b)provisions of this by-law that are being contravened;(c)the remedial action required; and(d)a time for compliance.

(2)An order or notice issued under this by-law must be served either by personal delivery or registered mail upon a person who is in the opinion of the chief fire officer, deemed to be the appropriate person.

(3)For unattended or abandoned premises, a copy of such order or notice must be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice must be mailed by registered mail, to the last known address of the owner, the person in charge of the premises or both.

22. Payment for services

(1)The municipality may charge the fees payable in terms of its Tariff Policy by a person on whose behalf the municipality rendered any service as contemplated in this by-law.

(2)The municipality may charge a prescribed fee for the provision of an inspection, re-inspection or any other service, including the approval or issuing of permits or certificates as contemplated in this by-law.

(3)Any cost incurred by the municipality for any action necessary to prevent a fire hazard, accident or other threatening danger shall be considered a fee payable by a person for services rendered as contemplated in subsection (1).

(4)Any costs incurred by the municipality in connection with the examination or analysis of any sample taken from any premises for the purposes of this by-law, and a report on such analysis by an institution accredited by the chief fire officer for that purpose may be recovered from the owner or person in charge of the premises if such owner or person in charge is not in compliance with this by-law regarding the substance concerned.

(5)Notwithstanding the provisions of subsection (1), the chief fire officer may assess the aggregate of charges as contemplated in subsection (1) or any portion thereof, provided that such portion shall not be less than ninety percent of the aggregate of the charges that would have been payable; provided further that in assessing such charges or portion thereof, due regard, in addition to other factors, be given to—(a)the fact that the amount so assessed shall be commensurate with the services rendered;(b)the manner, place and origin of fire or other emergency situation; and(c)the loss that might have been caused by the fire or other emergency situation to the person liable to pay the charges, if the services had not been rendered.

(6)Where charges are assessed in terms of paragraph (a) and the person liable to pay such charges is aggrieved by or is with such assessment, he may lodge a written appeal in terms of section 132 of this by-law.

23. Joint Fire Services Committee

(1)A Joint Fire Services Committee representing the fire services in the area of jurisdiction of the West Coast District Municipality and all Category B Municipalities in the area of jurisdiction of such municipality may be established.

(2)The Joint Fire Services Committee as contemplated in subsection (1) must collaborate and liaise for the purposes of making recommendations with regard to—(a)the planning and co-ordination of the services within the district;(b)the co-ordination and standardisation of infrastructure, vehicles, equipment and procedures pertaining to the service;(c)the training of members; and(d)any other operational matters relating to the Service.

(3)The chief fire officer of each municipality within the district may be a member of the Joint Fire Services Committee.

(4)The Joint Fire Services Committee may determine its rules of meeting procedures, provided that such procedures are not inconsistent with generally accepted municipal administrative practices, this by-law or any other legislation.

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

(1)Subject to the provisions of subsection (3), every owner of a building, excluding a dwelling house, must ensure that it is designed and constructed in a manner that—(a)provides for—(i)the effective drainage of any water that may result from fire extinguishing activities; and(ii)the discharge of such water directly into a storm water drain;(b)prevents any water that may result from fire-extinguishing activities from draining—(i)down any stairway or lift shaft;(ii)down any electrical shaft or telecommunications service shaft;(iii)down any shaft that is connected to a basement level; or(iv)along any approach to a building or any vehicle access ramp leading to or from a building;(c)if any water resulting from fire-extinguishing activities should spill into a basement, such water is discharged directly into a storm water drain; and(d)complies with the requirements of SANS 10400 (Parts A, J, K, M, N, O, S, T, V and W) insofar as it relates to fire protection.

(2)Subject to the provisions of subsection (3), every owner of a building equipped with a transformer room must ensure that—(a)the transformer room is situated on the ground level;(b)access to the transformer room is from outside the building; and(c)there is adequate and ready access to the transformer room for fire-fighting and maintenance activities.

(3)Subsections (1) and (2) do not apply in respect of any building which exists at the commencement of this by-law.

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—(a)the Department of Water Affairs and Forestry; and(b)the municipality.

27. Design and construction of other structures and sites

(1)Every person who designs, constructs or erects any of the following structures, must ensure that they comply with a rational design as contemplated by the National Building Regulations—(a)any grain silo;(b)any atrium;(c)any air traffic control tower;(d)any tower for telecommunications or other uses;(e)any thatched structure which is larger than 20 square metres and situated within 4.5 metres of any boundary line of the property concerned;(f)any tent or other temporary structure for holding a public gathering; and(g)any open-plan commercial or industrial premises with a covering distance that exceeds 45 metres measured from any point in the premises to any escape or exit door.

(2)Every person who designs or constructs any aircraft hanger or helicopter pad, must ensure that it—(a)complies with a rational design as contemplated by the National Building Regulations;(b)provides for the effective drainage of any liquid from the floor of the hanger or helicopter pad or any approach to the aircraft hanger or helicopter pad;(c)provides for the effective channelling of any liquid from the floor of the hanger or helicopter pad to a drainage area connected to a separator well;(d)prevents the spread of any liquid from the floor of the hanger or helicopter pad; and(e)is equipped with effective earthing devices for the discharge of static electricity.

28. Requirements for sprinkler systems

(1)If a sprinkler system is required in any building in accordance with SANS 10400, SANS 10087 (Deel III) of SANS 10089 (Deel I) or if the chief fire officer so requires, the owner or person in charge of the premises must ensure that the building is equipped with a sprinkler system.

(2)Every person who designs, constructs or installs a sprinkler system must ensure that it is designed, constructed and installed—(a)in accordance with SANS 0287; and(b)in compliance with the requirements of SANS 10400 (Parts A, J, K, M, N, O, S, T, V and W) insofar as it relates to fire protection.

29. Requirements for extractor fan systems

(1)Every person who designs, constructs or installs an extractor fan system, any related ducts or any similar chimney system and every owner or person in charge of the building in which such a system is installed, must ensure that—(a)it is designed, constructed and installed in a manner that provides for clearly demarcated, adequate and easy access for inspection, maintenance and repairs; and(b)the conduit and outlet of any such system is installed in a manner that does not result in a fire hazard to any person or property.

(2)Every owner or person in charge of a building in which an extractor fan system, any related ducts or any similar chimney system has been installed, must ensure that every filter, damper, screen or conduit forming an integral part of the system is regularly inspected, cleaned and maintained to ensure that fatty residues or any other combustible residues do not accumulate.

30. Requirements for emergency exits

(1)Every owner of a building must ensure that any escape door in that building—(a)is fitted with hinges that open in the direction of escape; and(b)is equipped with a fail-safe locking device or devices that do not require a key in order to exit.

(2)Every owner of a building must ensure that any door in a feeder route—(a)is a double swing-type door;(b)is not equipped with any locking mechanism.

(3)Notwithstanding the provisions of subsection (2), if it is necessary that a door in a feeder route be locked for security reasons, the owner or person in charge of the building must provide an alternative means of escape approved by the chief fire officer.

(4)No person may obstruct or allow the obstruction of any escape route from any premises that may prevent or hinder the escape of any person or animal from the premises in an emergency.

(5)Where required by the chief fire officer, an escape route must be clearly indicated with signage, which complies with SANS 1186, indicating the direction of travel in the event of fire or any other emergency.

31. Requirement regarding fire doors and assemblies

(1)Subject to the provisions of SANS 1253, a fire door and assembly must be maintained in such a manner that in the event of a fire it retains its integrity, insulation and stability for the time period required for that particular class of door.

(2)A fire door may be kept open, only when it is equipped with an automatic releasing hold-open device approved by the chief fire officer.

(3)A fire door and assembly may not be rendered less effective through the following actions—(a)altering the integrity, insulation or stability of a particular class of door;(b)disconnecting the self-closing mechanism;(c)wedging, blocking or obstructing the door so that it cannot close;(d)painting the fusible link actuating mechanism of a door;(e)disconnecting or rendering less effective an electric or electronic release mechanism, or(f)any other action that renders a fire door or assembly less effective.

32. Design, identification and access for fire-fighting and rescue purposes

(1)Subject to the requirements of any applicable zoning scheme regulations or the conditions of establishment of any township, every person who plans, designs or constructs a building, excluding a dwelling house, must ensure that the premises on which the building is situated, are planned, designed and constructed so that—(a)at least one elevation of the building fronts onto a street;(b)if the premises do not front onto a street, an access road is provided with dimensions and carrying capacity approved in writing by the chief fire officer;(c)a motorised or electronically operated gate is equipped in such a manner that access to the premises can be gained without the use of a motor or any other electronic device or any other assistance;(d)there is a climate-proof and weather-proof parking surface for parking and operating fire brigade machines and equipment in an emergency—(i)of dimensions at least 10 metres wide;(ii)that runs the full length of the side elevation of the building that borders the surface; and(iii)with a carrying capacity of at least 70 metric tons; and(iv)any entrance arch to the premises provides an opening with dimensions at least 4 metres wide x 4.2 metres high, unless there is an alternative and easy access route to the premises of at least the same dimensions.

(2)For purposes of easy identification by any member in an emergency, every owner or person in charge of the premises must ensure that the correct street number of the premises—(a)is displayed clearly on the street boundary of the premises in numbers at least 75 millimetres high;(b)is visible from the street; and(c)is maintained in a legible condition at all times.

33. Accessibility of fire-fighting equipment and fire installations

(1)Any fire-fighting equipment or fire protection installations installed on any premises must be accessible to the Service at all times

(2)Any person, who causes or permits any fire-fighting equipment or fire protection installations to be obstructed or impedes such accessibility or operation, commits an offence.

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—(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

(1)Any thatch roof construction with a span not exceeding 6 metres and which is supported by structural walls must comply with the provisions of SANS 10407.

(2)A rational design must be provided for any thatch roof construction with a span exceeding 6 metres or where such construction is not supported by structural walls.

(3)Where a new or replacement thatch structure is to be constructed for any building, the following must be incorporated into the design and construction of such thatch roof—(a)the thatch density may not be less than 35 to 50 kg/m2 for a thickness of 175mm to 200mm;(b)sisal binding twine must be used;(c)construction of any thatch roof must be sound and all materials used therein must be of good quality;(d)where electrical wiring passes through the roof space of any thatch roof, all wiring must be run in continuous conduit and all junction boxes must be properly sealed;(e)where, in the opinion of the chief fire officer, the risk of lightning may pose a hazard, he may direct that certain occupancies, as he may determine, be protected by the installation of lightning conductors in accordance with SABS 03: 1985;(f)all wooden components and all exposed surfaces of thatch must be treated with an approved fire retardant and the thatching must be rodent proofed;(g)upon completion of any thatch construction, the owner must provide the chief fire officer with written certification of compliance with all of the provisions of this subsection.

(4)Where, in the opinion of the chief fire officer, any fire in a thatched building will pose an unacceptable risk to any adjacent buildings or property or where its location will result in an increased risk from an external fire, the chief fire officer may prescribe the installation of a sprinkler or drencher system, provided that such system may be manual or automatic in operation.

(5)Any chimney passing through a thatch roof must be constructed so that—(a)only full 220mm bricks are used and laid so that the unexposed faces in contact with thatch do not become hot;(b)all joints and spaces are properly filled with mortar;(c)no wooden building component or decoration is built into or through any chimney;(d)the top of any chimney stack must extend at least 1 metre above the highest point of the roof; and(e)a spark arrestor comprising a stainless steel wire mesh measuring 10 x10 x 1mm across the full width of the flue be fitted not less than 700mm from the top of the stack.

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.

(2)Every person who inspects, services or repairs any fire-fighting equipment or service installation must—(a)on completing the inspection, service or repairs, as the case may be—(i)certify in writing that the equipment or installation concerned is fully functional; and(ii)furnish that certificate to the owner of the premises; or(b)if the equipment or installation cannot readily be repaired to a functional state, notify the chief fire officer of this fact in writing without delay.

(3)Except for purposes of inspection, service, repair or fire-fighting, no person may remove or interfere with any fire-fighting equipment or service installation at any premises.

(4)No person may alter, damage, misuse or render ineffective any fire-fighting equipment or service installation at any premises.

37. Fire alarms and fire hydrants

(1)Without compensation to the owner of the premises concerned, the chief fire officer may cause—(a)a fire alarm;(b)a transmission instrument for calls of fire or other emergency, or(c)a transmission instrument for warning residents of a fire or other emergency,to be affixed to any building, wall, fence, pole or tree.

(2)Without compensation to the owner of the premises concerned, the chief fire officer may cause the position of a fire hydrant and fire alarm or any other fire protection information to be marked on any building, wall, fence, pole, tree, road, pavement or hydrant cover with a board, metal plate or painted marker or by any other means, as prescribed.

(3)The chief fire officer may at any time cause a fire alarm, other transmission instrument mentioned in subsection (1), board, metal plate or painted marker to be removed from the premises concerned.

(4)No person may remove, deface, alter, tamper with or damage a fire alarm, board, metal plate or painted marker or any transmission instruments mentioned in subsection (1).

Part C - Emergency evacuation plans

38. Chief Fire Officer may designate premises for emergency evacuation plans

(1)The chief fire officer may by written notice designate any premises as premises requiring an emergency evacuation plan.

(2)The notice contemplated in subsection (1), must be served on the premises concerned and addressed to the owner or person in charge of the premises.

39. Duties of owner or occupier of designated premises

(1)The owner, or with the approval of the chief fire officer, the occupier, of any premises designated in terms of section 38must—(a)prepare a comprehensive emergency evacuation plan for the premises in accordance with the guideline contained in Schedule 1 and submit it to the chief fire officer in triplicate within 30 days of service of the designation notice;(b)establish a fire protection committee comprised of occupiers of the premises to assist the owner or person in charge of the premises to organise a fire protection programme and regular and scheduled fire evacuation drills;(c)ensure that the emergency evacuation plan is reviewed—(i)at least every 12months;(ii)whenever the floor layout of the premises is changed; and(iii)whenever the chief fire officer requires revision of the plan;(d)ensure that an up-to-date emergency evacuation plan, any fire protection programmes, evacuation drills and any related documents are kept, maintained and at all times available in a control room on the premises for inspection by any member;(e)display the emergency evacuation plan at conspicuous positions inside the premises; and(f)identify a place of safety off the designated premises, but in the immediate vicinity of the premises, where persons who reside or work on the premises may gather during an emergency for the purpose of compiling a list of survivors.

(2)The chief fire officer may in respect of premises designated in terms of section 38—(a)require the review of any emergency evacuation plan by the owner or person in charge of the premises and may provide directions in this regard;(b)instruct the owner or person in charge of the premises to implement a fire protection program which he believes is necessary to ensure the safety of persons and property on the premises; and(c)require the owner or person in charge of the premises to provide him with a certified copy of the emergency evacuation plan and any associated documents at a specified time and place.

Part D - Public gatherings

40. Prohibition of public gatherings in certain circumstances

(1)No person may hold a public gathering or allow a public gathering to be held in any building or temporary structure unless a certificate of fitness has been issued by the chief fire officer in respect of that building or temporary structure.

(2)Subsection (1) does not apply in respect of a building or temporary structure which existed at the commencement of this by-law, unless after that date—(a)the building or temporary structure is rebuilt, altered, extended or its floor layout is changed; or(b)ownership or control of the building or structure changes.

41. Application for certificate of fitness

(1)Every owner of a building or temporary structure intended for the holding of a public gathering must complete and submit to the chief fire officer an application form for a certificate of fitness in the form and manner as contemplated in section 43.

(2)An application contemplated in subsection (1) must be submitted at least 30 days before any intended public gathering.

42. Requirements for certificate of fitness

(1)The chief fire officer may not issue a certificate of fitness in respect of a building or temporary structure—(a)unless the municipality is in possession of an up-to-date set of building plans for the premises; or(b)unless the building or temporary structure complies with the requirements of this by-law;

(2)The period of validity of a certificate issued in terms of subsection (1) may not exceed 12months.

43. Form and content of certificate of fitness

(1)A certificate of fitness must be in the form as prescribed and must at least record the following information, where applicable—(a)the trade name and street address of each occupier of the building or temporary structure;(b)a description of the type of activity carried on by each occupier of the building or structure;(c)the full names and addresses of the persons who serve on the governing or similar body of each occupier;(d)the maximum permissible number of people who may be admitted to the useable floor area of the building or structure;(e)the number of emergency exits and their dimensions; and(f)the dates of issue and expiry of the certificate and its serial number.

(2)Notwithstanding subsection (1), the chief fire officer may request additional information from the applicant.

44. Duties of holder of certificate of fitness

The 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

(1)The chief fire officer may cancel any certificate of fitness in respect of premises or temporary structure if he has reason to believe that—(a)the owner or person in charge of the premises concerned contravenes or fails to comply with any provision of this by-law; or(b)the building or structure contravenes or does not comply with the requirements of this by-law.

(2)Subject to subsection (3), before the chief fire officer cancels a certificate of fitness as contemplated in subsection (1), he must—(a)give the owner or person in charge of the premises written notice of the intention to cancel the certificate of fitness and the reasons for such cancellation; and(b)give the owner or person in charge of the premises reasonable time to make written representations regarding the matter.

(3)If the chief fire officer has reason to believe that the failure to cancel a certificate of fitness may endanger any person or property, he may cancel a certificate of fitness without prior notice to the owner or person in charge of the premises as contemplated in subsection (2).

(4)If the chief fire officer cancels a certificate of fitness in terms of subsection (3), he must—(a)furnish the owner or person in charge of the premises or temporary structure concerned with written notice of the cancellation; and(b)give the owner or person in charge of the premises a period of at least 21 days to make written representations regarding the matter.

Part E - Water supply for fire fighting purposes

46. Township development water supply requirements

(1)Every person who develops or redevelops a township must design and develop that township with a sufficient water supply, minimum fire flow and hydrant requirements as contemplated in section 11 of SANS 10090 and must furnish written proof of such compliance to the chief fire officer.

(2)Every person who develops or redevelops a township must ensure that—(a)the storage capacity and rate of replenishment of the reservoirs supplying water to the township are sufficient for the fire-fighting purposes contemplated in this by-law;(b)the water supply from these reservoirs is reticulated in a manner that ensures that the water supply to any area in the township can be provided from at least two directions; and(c)double supply mains are installed from the water supply source to the distribution reservoirs and double pumps are installed for the delivery of the water supply.

(3)Subsection (2)(c) is deemed to be satisfied, if—(a)the water is supplied to the township from more than one reservoir;(b)each reservoir receives water from a separate supply main and pump; and(c)the reservoirs are connected to each other.

(4)Every person who develops or redevelops a township must ensure that—(a)the water distribution system is designed and equipped with control valves positioned so that it is not necessary to close off any branch or any portion of the distribution system for more than 150 metres in any high risk area or for more than 300 metres in any moderate or low risk area in the event that the system, excluding any of the branches, is damaged or requires repair; and(b)if the redevelopment of any township alters the fire risk category of any area in the township as contemplated in section 49, the water reticulation system is adapted without delay so as to comply with the requirements of sections 47 and 48.

(5)The chief fire officer must inspect fire hydrants and conduct flow and pressure tests as contemplated in SANS 10090.

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 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

48. Township development fire hydrant requirements

(1)Every person who develops or redevelops a township must ensure that fire hydrants are plotted on a plan and installed in accordance with the following minimum delivery volumes and distance frequencies:

Fire risk category	Minimum fire hydrant delivery volume measured at peak consumption (litres per minute)	Minimum distance between fire hydrants (metres)
High risk	1980	120
Moderate risk	1 150	180
Low risk	900	240

(2)Every person who develops or redevelops a township must ensure that the position of fire hydrants is plotted accurately on a plan that is furnished to the chief fire officer for operational fire-fighting purposes.

49. Fire risk categories

(1)For purposes of sections 47 and 48, the following areas of a township must be regarded—(a)as high risk—(i)any factory area, high density shopping area, warehouse or commercial building;(ii)any plantation, timber yard or wooden building;(iii)any building higher than 3 storeys;(iv)any building in which hazardous substances are used, handled or stored or in which hazardous processes are conducted; and(v)any other area that has a high fire risk or high fire spread risk;(b)as moderate risk—(i)any area in which—(aa)factories, commercial buildings or residential buildings are generally detached from each other and do not exceed 3 storeys; and(bb)the chief fire officer has not declared the materials processed or stored in these buildings as highly dangerous;(ii)any area where the fire risk and spread risk of fire is moderate; and(iii)any other area that is not a high or low risk area; and(c)as low risk—(i)any area that is mainly residential or semi-rural;(ii)any area that has predominantly detached, duet, cluster or town house developments; and(iii)any area where the fire risk or risk of spread of fire is slight or insignificant.

50. Connections to water reticulation system

(1)No person may obtain a water connection to the water reticulation system of the municipality unless the fire protection plans for the premises to be connected have been approved by the chief fire officer.

(2)Every person or owner of premises who requires a water connection to the water reticulation system of the municipality must—(a)if the premises to be connected are protected by a sprinkler installation, ensure that—(i)the connection is calculated and designed for each sprinkler installation in accordance with a rational design as contemplated in the National Building Regulations, and(ii)the size, delivery pressure and flow of the water connection is calculated in advance by the responsible engineer;(b)if the chief fire officer requires a larger water connection for purposes of fire-fighting, provide the larger water connection;(c)ensure that the size, work pressure and delivery flow, except in the case of a water connection to a sprinkler installation, is calculated and designed in accordance with SANS 10400 (Part W); and(d)ensure that the water installation upon completion complies with the provisions of SANS-10400:1994.

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

(1)No person may make or allow any other person to make a fire that may endanger any person, animal or property.

(2)No person may burn or allow any other person to burn any refuse or combustible material—(a)without the prior written permission of the chief fire officer; or(b)unless the refuse or combustible material is burnt in an approved incinerating device.

(3)Any person, who makes a fire or allows any other person to make a fire, must take reasonable steps to ensure that the fire does not endanger any person, animal or property.

(4)The prohibition in subsection (2) does not apply to any fire made—(a)in an approved and purpose-made stove, fireplace or hearth that forms an integrated part of a building or structure;(b)for the purpose of preparing food on private premises set aside for that purpose; or(c)in any device for preparing food which—(i)is heated by electricity or liquefied petroleum gas; and(ii)is so positioned that the fire does not endanger any person, animal or property.

53. Storage and accumulation of combustible material prohibited

(1)No person may store any combustible material or allow it to be stored, at any place or in any manner that may pose a fire hazard to any person, animal or property.

(2)No person may allow the accumulation of dust at any place in quantities sufficient to pose a fire hazard to any person, animal or property.

(3)No person may use or allow to be used any sawdust or similar combustible material to soak up any flammable liquid.

(4)No person may allow soot or any other combustible material to accumulate in any chimney, flue or duct in such quantities or in any manner that may pose a fire hazard to any person or property.

(5)No person may allow any vegetation to become overgrown at any place under that person’s control that may pose a fire hazard to any person, animal or property.

(6)If a fire hazard contemplated in subsection (5) arises, the owner or person in charge of the premises must without delay eliminate the hazard or cause the hazard to be eliminated by—(a)cutting any grass, leaves or weeds associated with the fire hazard to a maximum height of 150millimetres;(b)pruning, chopping down or sawing any shrub or tree; and(c)removing any resulting combustible residue from the property.

54. Electrical fittings, equipment and appliances

No 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 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

(1)No person may discard into, or cause, permit or allow a flammable liquid or flammable substance to enter any waste or foul water or storm water sewer or drain whether underground or on the surface.

(2)A person who becomes aware of any escape, whether accidental or otherwise, of any quantity of flammable liquid or flammable substance which is likely to constitute a fire hazard, from any premises or vehicle into any sewer or drain or any inlet or drain linking with such sewer or drain, must immediately report such escape to the chief fire officer.

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

(1)If conditions exist where smoking may create a fire hazard on any premises, smoking must be prohibited and "No Smoking" signs complying with SANS 1186: Part 1, must be prominently displayed in positions as directed by the chief fire officer.

(2)A person may not remove or damage a "No Smoking"sign.

(3)No person may light or smoke a cigarette or any other smoking materials or ignite or otherwise set fire to other material, nor hold or discard any lit or smouldering substance in any place where expressly prohibited.

(4)The owner or person in charge of any premises may not allow or permit any person to light or smoke a cigarette or any other smoking materials or ignite or otherwise set fire to any other material, nor hold or discard any lit or smouldering substance in any place where expressly prohibited.

(5)Where smoking is permitted, adequate provision must be made for the safe disposal of any smoking materials and matches.

(6)No person may discard or otherwise dispose of a burning cigarette or any other burning materials or objects including materials capable of self-ignition or capable of spontaneous combustion, on any road, in any road reserve or in any other public place.

(7)Where any materials as contemplated in subsection (6) are discarded from a vehicle onto a road, or in any road reserve or any other place, it shall be presumed that such action was performed by the driver of such vehicle.

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:(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.

Chapter 5
REGULATION OF FIREWORKS

60. Designation of places and conditions

(1)The municipality may designate any public place or street or any part thereof within the municipal area as the only place at which fireworks may be discharged.

(2)The municipality may, on application of the owner or lawful occupier of any private open space as defined in the applicable zoning scheme regulations in its area of jurisdiction, designate such private open space as a place where fireworks may be discharged.

(3)The list of places designated in terms of subsections (1) and (2) or any amendment thereof must be published by the municipality in terms of its communication strategy.

(4)The municipality may impose conditions as to the dates on which, periods or time and hours when the discharge of fireworks may take place on any designated area and may further impose conditions as to the manner of discharge.

61. Discharge of fireworks

(1)No person may discharge any fireworks outside an area designated by the municipality in terms of section 60.

(2)Any person who wishes to present a fireworks display must apply to the chief fire officer for authorisation by completing and submitting an application in the form and manner determined by the municipality together with the prescribed fee and a sketch plan of the proposed venue for the fireworks display, including the demarcated area for the discharge and fallout of the fireworks.

(3)The application, prescribed fee and accompanying documentation must be submitted to the chief fire officer at least 14 days before the date of the proposed fireworks display.

62. Dealing in fireworks

(1)No person may deal in fireworks unless—(a)that person holds the required fireworks licence in terms of the Explosives Act; and(b)has written authority from the chief fire officer.

(2)Any person who wishes to obtain the written authority of the chief fire officer to deal in fireworks as contemplated in subsection (1) must—(a)complete an application in the form and manner determined by the municipality; and(b)submit it to the chief fire officer together with the prescribed fee at least 30 days before the authority is required by the applicant.

(3)The chief fire officer may cancel any written authority to deal in fireworks if the holder of the authority contravenes any provision of this by-law.

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

(1)Subject to the provisions of subsection (3), no person may use, handle or store any flammable substance or allow such substance to be used, handled or stored on any premises unless that person is the holder of a certificate of registration issued by the chief fire officer in respect of the flammable substance and the premises concerned.

(2)A certificate of registration contemplated in subsection (1) is not required if the flammable substance concerned is of any class and does not exceed the quantity stipulated in Schedule 2.

(3)No person may use, handle or store any flammable substance in respect of which no certificate of registration is required or allow such substance to be used, handled or stored on any premises, unless the flammable substance—(a)is used, handled or stored in a manner that ensures that—(i)no flammable substance nor any flammable substance fumes come into contact with any source of ignition that may cause the flammable substance or fumes to ignite;(ii)in the event of a fire or other emergency, the escape of any person or animal is not hindered or obstructed in any way; or(b)is used, handled or stored—(i)in a naturally ventilated room that prevents the accumulation of fumes or gas; or(ii)in a suitable place outdoors that ensures the safe disposal of fumes or gas;(c)is stored in strong, gas-tight containers and labelled as such.

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

(1)If the chief fire officer issues a certificate of registration to any person, he must endorse on the certificate—(a)the class and quantity of the flammable substance for which the premises have been registered;(b)the number of storage tanks or storage facilities on the premises and their capacities;(c)the number of flammable substance storerooms on the premises and their capacities;(d)the number of liquefied petroleum gas installations, types of installations and the combined capacity of all cylinders that may be stored on the premises;(e)the number of storage facilities for any other flammable substance and the volume of each such facility;(f)the period of validity and expiry date of the certificate; and(g)the physical address of the premises and the name and postal address of the occupant.

(2)A certificate of registration—(a)is not transferable between premises;(b)may not be issued by the chief fire officer for a period exceeding 12 months;(c)may be transferred to the new owner of the premises in respect of which it was issued, only if an application for such transfer is approved by the chief fire officer in writing.

(3)A certificate of registration is valid only for—(a)the installation for which it was issued;(b)the state of the premises at the time of issue; and(c)for the quantities of flammable substance stated on the certificate.

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

(1)Any person who holds a certificate of registration or other authorisation contemplated in this by-law must ensure that the premises to which the authorisation applies, are equipped with—(a)subject to the provisions of subsection (6), portable fire extinguishers—(i)as specified in SANS 1567 (carbon dioxide-type), SANS 810 (dry chemical-type), SANS 1573 (foam-type) and SANS 1571 (transportable-type); and(ii)in such numbers as is appropriate in each section of the premises in accordance with the SANS codes applicable to the flammable substance and risk concerned;(b)if applicable, hose reels as specified in SANS 453 (hose reels), that are connected to a water supply—(i)as contemplated in SANS 10400 (Part W); and(ii)that enables each hose reel to maintain a minimum flow of 0,5 litres per second at a minimum work pressure of 300 kPa;(c)if applicable, fire hydrants—(i)with couplings as specified in SANS 1128 (Part II) (fire-fighting equipment-couplings); and(ii)in a ratio of at 1 to every 1000 square metres or part thereof.(d)if applicable, in relation to any above-ground facility, a sprinkler system or dilute system that—(i)is approved by the chief fire officer; and(ii)with the exception of temporary storage facilities, is installed in a position indicated in the building plans for the premises.

(2)Notwithstanding the provisions of subsection (1), if the chief fire officer believes that there is any exceptional hazard or risk in respect of the premises concerned, he may—(a)specify the type of fire extinguisher to be installed;(b)require that a greater number of fire extinguishers be installed; and(c)require that a fire detection or warning system be installed.

(3)The holder of any certificate of registration or other authorisation contemplated in this by-law must ensure that all fire-fighting equipment contemplated in subsection (1)—(a)is inspected, maintained and serviced at least every 12 months by a competent, registered and appropriately qualified tradesman in accordance with the provisions of SANS 10105 and SANS 1475;(b)if installed outside the premises, is adequately protected from the weather; and(c)is positioned prominently or where this is not possible, the position of the fire-fighting equipment is clearly indicated by a symbolic safety sign—(i)in accordance with the specifications of SANS 1186; and(ii)to the satisfaction of the chief fire officer.

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

(1)No certificate of registration contemplated in section 64(1) or any other authorisation contemplated in this by-law is required in respect of flammable liquids in a fuel tank—(a)of any motor vehicle; and(b)of any stationary engine if the volume of the fuel tank does not exceed 1 000 litres.

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

(1)Where the chief fire officer is of opinion that a fire control zone should be declared in an area or that a fire control zone should be disestablished, he or she must, after consultation with the Fire Protection Association for its area of jurisdiction, cause such intention to be published in terms of the municipality’s public participation policy.

(2)If the municipality is of opinion that any objection or comment should be investigated, it may decide to hold a public enquiry.

(3)If the municipality decides to hold a public inquiry, it must—(a)appoint a suitably qualified person or panel of persons to hold such enquiry; and(b)determine the procedure for the public inquiry, which may include a public hearing.

(4)The person or panel of persons appointed to hold such enquiry must conduct the inquiry in accordance with the procedure prescribed and compile a written report to the relevant portfolio committee on the inquiry and give reasons for any administrative action recommended.

(5)Where practical, the municipality shall as soon as possible after the submission of the report to the relevant portfolio committee, publish a concise summary of such report and the particulars of the places and times at which the report may be inspected and copied;

(6)After the municipality has taken into account any comment or objection in respect of such proposed declaration or disestablishment it may declare a fire control zone or disestablish any such fire control zone concerned.

(7)The municipality must publish such zone or amended zone.

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

(1)No person who uses, handles or stores a flammable substance or allows them to be used, handled or stored on any premises may—(a)do anything or allow anything to be done that may result in or cause a fire or explosion;(b)do anything or allow anything to be done that may obstruct the escape to safety of any person or animal during an emergency.

(2)No person may—(a)dump or spill or allow the dumping or spilling of any flammable substance into any borehole, sewer, drain system or surface water;(b)discard or allow the discarding of any flammable substance from any premises in any way other than by a competent person who is properly equipped and authorised to do in terms of this by-law;(c)make or bring any fire or device capable of producing an open flame or allow any other person to do so, within 5 metres of any place where a flammable substance is stored;(d)use or allow to be used any device in connection with a flammable substance in any basement level of a building, other than a gas welding or cutting device, used for the sole purpose of maintenance of the building;(e)while any person, except the driver or any other person responsible for a bus contemplated in the National Road Traffic Act, is in or on the bus—(i)fill or allow the filling of its fuel tank; or(ii)transport or allow the transport of any flammable substance on the bus, except in its fuel tank; and(f)deliver or supply or allow to be delivered or supplied, any flammable substance to any premises unless the owner or person in charge of the premises is in possession of a valid certificate of registration.

76. Use, handling and storage of liquefied petroleum gas

(1)No person may use, handle or store liquefied petroleum gas in any quantity exceeding that stipulated in Schedule 2 unless—(a)the person is in possession of a certificate of registration contemplated in section 64; and(b)the use, handling and storage of the liquefied petroleum gas complies with the requirements of SANS 10087, Parts 1, 3, 7 and 10.

(2)Liquid petroleum gas may only be used, handled or stored within property boundaries and in compliance with safety distances stipulated in SANS 10087, Parts 1, 3, 7 and 10.

(3)Any storage of liquid petroleum gas cylinders at any service station for retail purposes must comply with SANS 10087, Part 7.

(4)No liquid petroleum gas cylinder may be used, handled or stored at any public exhibition or demonstration without the prior written permission of the chief fire officer.

(5)An application for permission contemplated in subsection (4) must be made in writing at least 14 days before the event concerned.

(6)The chief fire officer may impose any reasonable condition on the use, handling and storage of liquid petroleum gas cylinders at a public exhibition or demonstration, including but not limited to, the number of cylinders, the manner of storage, safety distances and other safety requirements.

(7)Any person using, handling or storing any liquid petroleum gas cylinder at any public exhibition or demonstration must comply with any condition imposed in terms of subsection (6).

77. Display of symbolic warning signs required

(1)The owner or person in charge of any premises where any flammable or explosive substance is used, handled or stored must, in the affected area of the premises, display symbolic signs—(a)prohibiting smoking and open flames;(b)of a size and number determined by the chief fire officer; and(c)prominently in places where the signs can be clearly observed.

(2)No person may disregard or allow to be disregarded any prohibition on a symbolic sign displayed in terms of subsection (1).

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—(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

(1)Whenever a member inspects any premises and suspects that a flammable substance is used, handled or stored on such premises without a certificate of registration or other authority as contemplated in this by-law, such member must take a sample of such substance for the purposes of analysis or examination.

(2)Any sample as contemplated in subsection (1) must taken in the presence of the owner or person in charge of the premises and must—(a)be divided into two equal parts;(b)be sealed in similar containers; and(c)such containers must be marked with the following information—(i)the address of the premises;(ii)the trade name of the premises or concern;(iii)the name and signature of the person in whose presence the sample was taken;(iv)the date and time the sample was taken; and(v)a description of the location on the premises where the sample was taken.

(3)The chief fire officer must within reasonable time submit any sample taken as contemplated in subsection (1) to an accredited institution for an analysis or examination and written report on the findings.

81. Symbolic safety signs must be displayed

(1)The holder of a certificate of registration for a storeroom to be used for any flammable substance must ensure that—(a)symbolic safety signs prohibiting open flames and smoking are displayed in the storeroom—(i)of a number determined by the chief fire officer;(ii)of dimensions at least 290 millimetres by 200millimetres; and(iii)manufactured in accordance with SANS 1186;(b)the groups of flammable substances and their corresponding quantities which may be stored in the storeroom are indicated on the outside of every door to the storeroom in red letters at least 75 millimetres high, against a white background.

82. Construction of flammable substance storerooms

(1)Every storeroom must be designed and constructed according to the following criteria—(a)the storeroom floor must consist of concrete;(b)the storeroom walls must consist of material that has a fire resistance of at least 120minutes; and(c)the storeroom roof must consist of—(i)reinforced concrete with a fire resistance of at least 120minutes; or(ii)any other non-combustible material, if the storeroom—(aa)is not situated within 5 metres of any adjacent building or boundary of the premises; or(bb)adjoins a higher wall with no opening within 10 metres of any adjacent building.

83. Requirements for storeroom doors

(1)Every storeroom must be equipped with a fire rated fire door that—(a)is manufactured and installed in accordance with SANS 1253;(b)opens to the outside;(c)is equipped with a lock or locks approved by the chief fire officer; and(d)is at all times capable of being opened from the inside of the storeroom without the use of a key.

(2)A storeroom must be equipped with two or more fire doors if the distance to be covered from any part in that storeroom to a door is 4 metres or more, in which case, the fire doors must be installed as far from each other as is practicable in the circumstances.

(3)Fire doors contemplated in subsections (1) and (2) must if installed on—(a)external walls, be "B" class fire doors; and(b)internal walls in communication within a building, be "D" class fire doors.

84. Requirements for storeroom windows

(1)Every storeroom window frame must—(a)consist of steel;(b)have window panels of dimensions not exceeding 450 millimetres x 450millimetres; and(c)be fitted with wire glass of a thickness not less than 8millimetres.

(2)No storeroom window must be capable of being opened.

(3)Every storeroom window must be fitted to the external wall of a building.

85. Requirements for storeroom catch pits

(1)Every storeroom must be designed and constructed so that its floor is recessed below the level of the door sill to form a catch pit—(a)with a holding capacity at least equal to the total volume of hazardous substances capable of being stored in the storeroom, plus 10 percent; and(b)if required by the chief fire officer—(i)covered at door sill level by a strong, stable, non-combustible and oxidation free floor grill; and(ii)equipped, at its lowest level, with a non-corrosive drainage valve for cleaning purposes and product recovery.

(2)The floor grill contemplated in subsection (i) must contain a suitably positioned access hatch for cleaning purposes.

86. Ventilation of storerooms

(1)Every storeroom must be designed and constructed to ensure—(a)the effective ventilation of flammable substance fumes;(b)that fumes released from the storeroom into the open air will not come into contact with any source of ignition.

(2)If the storeroom is designed and constructed for natural ventilation, the owner or person in charge of the storeroom must ventilate the storeroom at a minimum cycle of 30 air changes per hour by installing non-combustible airbricks—(a)that are not less than 140 millimetres by 250 millimetres in extent, with non-corrosive gauze wire with a minimum opening diameter of 0.5millimetres;(b)that are provided in at least 3 external walls of the storeroom; and(c)that are positioned 100 millimetres above the level of the sill and 100 millimetres below the level of the roof and not more than 450 millimetres apart.

(3)If the storeroom is designed and constructed for mechanical ventilation, the owner or person in charge of the storeroom must equip it with a mechanical ventilation system—(a)designed and installed for this purpose;(b)with a flow rate of 0,5meters/second across the store;(c)with vanes that consist of a static-free material;(d)that discharges through a vertical metal duct into the open air—(i)not situated within 5 metres of any opening of a building or erf boundary; and(ii)terminating at least 1 metre above roof height or at least 3,6 meters above ground level, whichever is the greater;(e)equipped with ventilators that are firmly attached to the inside of the walls of the storeroom and, in the case of bottom ventilators, as close as possible to the level of the sill;(f)with all ventilation or air duct openings in the external wall opposite the mechanical ventilator installed 100 millimetres above the level of the sill to ensure effective cross-ventilation; and(g)equipped with ducting material that—(i)is as short as possible in the circumstances and does not have sharp bends; and(ii)is fitted with a fire damper of at least 120 minutes fire resistance at any point where the ducting exits the storeroom, if ducting material is installed external to the storeroom in communication with the remainder of the building

87. Electrical equipment in storerooms

(1)The owner or person in charge of any storeroom must ensure that—(a)all electrical apparatus, fittings or switch gear used or installed in the storeroom are used or installed as contemplated in SANS 10108;(b)no switch gear, distribution box, fuse or other electrical equipment, except electrical equipment as contemplated in SANS 10108, is situated—(i)inside the storeroom; or(ii)in any position where it may come into contact with any flammable substance fumes leaving the storeroom;(c)any metal part, electrical fittings and device used in or in connection with the storeroom are earthed effectively to each other and to the ground;(d)any mechanical ventilation system switch is situated outside the storeroom;(e)any mechanical ventilation system is on at all times, except when the system is being repaired or replaced, in which case the system must be repaired or replaced without delay; and(f)all electrical apparatus and fittings, except the mechanical ventilation system, are switched off when the storeroom is unattended.

(2)Any electrical installation in a storeroom may be installed and certified only by an electrician who is qualified and competent by virtue of his or her training and experience.

(3)The owner or person in charge of a storeroom must submit the certificate contemplated in subsection (2) to the chief fire officer for record purposes immediately after installation contemplated in such subsection.

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—(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 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—(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 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

(1)Any person, who wishes to store any flammable substance on premises on a temporary basis, must apply to the chief fire officer for a temporary certificate of registration.

(2)A temporary certificate of registration may be issued by the chief fire officer—(a)for a period not exceeding 12months;(b)if the flammable substance concerned is required—(i)in respect of excavation work, construction work or road construction if the volume of the flammable substance does not exceed 9 000 litres;(ii)in respect of small fleet maintenance or research purposes, if the volume of the flammable substance does not exceed 4 400 litres; and(iii)the application complies with the requirements of SANS 10131 and this Chapter.

(3)Every holder of a temporary certificate of registration contemplated in subsection (1) must ensure that—(a)a storage tank for the flammable substance is not erected within 3.5 metres of any erf boundary, building, excavation, road, driveway or any other flammable substances or combustible material;(b)adequate provision is made for rainwater run-off from retaining walls or embankments;(c)no source of ignition or potential source of ignition exists within 5 metres of a storage tank;(d)a symbolic sign of dimensions at least 300 millimetres by 300 millimetres prohibiting smoking and open flames is displayed on every side of a temporary storage tank; and(e)at least two 9 kilogram dry chemical fire extinguishers are installed and kept in good working condition, within 10 metres of a temporary storage tank.

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

(1)In addition to any other requirement of this Chapter, the owner or person in charge of an above ground storage tank for flammable liquids must ensure—(a)that the tank is erected or installed—(i)in accordance with SANS 10131 and SANS 10089, Part I;(ii)at least 3.5 metres from any erf boundary, building, excavation, road, driveway or any other flammable substance, combustible substance or combustible material;(b)that the flammable liquid stored in the tank is clearly identified by means of Hazchem placards contemplated in SANS10232, Part 1.

(2)Any electrical installation associated with the storage tank must comply with SANS 10108 and SANS 10089, Part 2.

95. Underground storage tanks for flammable liquids

(1)The 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 SANS 10400, SANS 10089, Part 3 and SANS 10131.

(2)Any person who contravenes subsection (1) commits an offence.

96. Installing, erecting, removing and demolishing prohibited without prior notice

(1)No person may, in respect of registered premises, erect, install, remove, demolish, extend or change any delivery pump, storage tank, storeroom, spraying room, gas installation, storage facility, fire protection arrangement or floor layout unless that person has given the chief fire officer at least 3 working days prior written notice of the intention to do so, in the form and manner as prescribed.

(2)The notice in term of subsection (1) must include the intended commencement date and estimated completion date of the proposed work.

(3)The provisions of subsection (1) do not apply to—(a)the temporary removal of equipment for the purposes of reparations;(b)the necessary replacement of equipment or their parts; and(c)the replacement of any storage tank with a tank of the same capacity.

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—(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

(1)If an aboveground or underground tank installation, liquid petroleum gas installation or associated pipe work is no longer required for the storage or use of a flammable substance, the owner or person in charge of the premises on which the installation is located, must—(a)notify the chief fire officer in writing within seven days of such storage or use ceasing;(b)ensure that the flammable substance is removed from the installation and the premises are rendered safe within 30 days of the cessation;(c)unless the chief fire officer directs otherwise, remove the installation including any associated pipe work from the premises within 180 days of the cessation; and(d)to the satisfaction of the chief fire officer, restore any public foot path or roadway that has been disturbed by the removal of the installation within a period of 7 days of completing such removal.

(2)Notwithstanding the provisions of subsection (1) if the removal of any underground tank installation for the storage of a flammable substance will detrimentally affect the stability of the premises concerned, the owner or person in charge of the installation may, with the prior written permission of the chief fire officer, fill the underground tank with liquid cement slurry.

(3)Any person who contravenes subsection (1) commits an offence.

99. Container handling and storage

(1)Every flammable substance container must—(a)be kept closed when not in use;(b)be declared gas- or vapour-free by a competent person before any modification or repairs are undertaken;(c)be manufactured and maintained to prevent leakage of any flammable substance or vapour from the container.

(2)Every flammable liquid container must be labelled and marked with words and details indicating the flammable liquid contained in the container as well as any hazard associated with the flammable liquid.

(3)No person may extract flammable liquid from a container of a capacity exceeding 200 litres, unless the container is fitted with an adequately sealed pump or tap.

(4)Any empty flammable liquid container must be stored in a storeroom.

(5)Notwithstanding the provisions of subsection (4) the chief fire officer may permit the storage of any empty flammable liquid container in the open air if no storeroom is available and if he is satisfied that—(a)the storage area of sufficient to prevent a fire hazard or other threatening danger.;(b)the storage area is well ventilated and enclosed by a wire mesh fence;(c)the fence supports are of steel or reinforced concrete;(d)the storage area has an outward opening gate that is kept locked when not in use;(e)when the floor area exceeds 10m2 an additional escape gate is installed and fitted with a sliding bolt or other similar locking device that can be opened from the inside without the use of a key; and(f)the storage area is free of vegetation and has a non-combustible, firm and level base.

(6)When the quantity of flammable and combustible liquids to be stored is more than 100 litres of class l and/or more than 210 litres of class ll and class lll A combined, such flammable and combustible liquids must be stored in a store room.

Chapter 10
HAZARDOUS SUBSTANCES

100. Application for the approval of plans

(1)Notwithstanding the provisions of the National Building Regulations and Building Standards Act, 1977, every owner of premises on or in which any layout or structural change is envisaged, or on which any facility for or in connection with the use, storage or handling of hazardous substances is to be erected or installed, must submit plans to the municipality.

(2)The fees for the scrutiny of plans are as stipulated in the municipality’s Tariff Policy.

(3)Other than plans determined to be minor building work, all plans submitted to the chief fire officer must bear the official stamp or mark of the building control officer.

(4)No construction work or installation may be commenced unless the building contractor is in possession of officially approved plans, which approval shall include the comments of the chief fire officer. The plans must be available on the premises for inspection for the duration of construction or installation work.

(5)The provisions of section 23 of the National Building Regulations and Building Standards Act, 1977, are applicable to the approval of all plans as contemplated in this section.

101. Issuing of certificates of registration

(1)No person may use or permit hazardous substances to be used, handled or stored on any premises in excess of the quantities as stipulated in Table 1 below unless such person is in possession of a certificate of registration, provided that this section shall not apply to premises where only one group of hazardous substance is kept or used and where the maximum permissible quantity of such substance is not exceeded.

(2)Where in terms of subsection (1), premises are not required to be registered, no person may use or permit any hazardous substance to be used, handled or stored except in such place or in such manner so as to ensure that—(a)no hazardous substance or fumes come into contact or are likely to come into contact with any fire, flame, naked light or other source of ignition;(b)hazardous substances are stored in strong, labelled and tightly sealed containers whilst not in use.(c)the escape of human beings or animals will not be hindered or obstructed in the event of a fire or an emergency situation; and(d)no person on any such premises may use or handle hazardous substances or cause or permit them to be used or handled, except in a suitable place out of doors or in a properly ventilated room.

(3)No certificate of registration may be issued in respect of premises, unless the provisions of this by-law have been complied with and a written application for registration, on the prescribed form has been submitted to the municipality, together with the prescribed fees.

(4)A certificate of registration:(a)must be displayed in a weatherproof container at all times in a conspicuous place on the premises as designated by a member of the municipality;(b)must be maintained in a legible condition;(c)must reflect the groups and the quantities of hazardous substances for which the premises have been registered;(d)must reflect the number of above-ground or under-ground storage tanks or storage facilities, and the capacity of each such storage tank or storage facility;(e)must reflect the number of storerooms and the total capacity of each storeroom;(f)must reflect the number of gas installations, the type of gas installation and the total volume and/or delivery capacity of each installation;(g)must specify the number of storage facilities for other hazardous substances and reflect the volumes intended for each facility;(h)must reflect a serial number;(i)must indicate whether the issue of such certificate is permanent or temporary; and(j)must reflect the period of validity and the expiry date of the certificate: provided that—(i)the period of validity shall be for a maximum of twelve calendar months, calculated from the date of issue; and(ii)written application for renewal of such certificate must reach the municipality at least one calendar month prior to the expiry date.

(5)A certificate of registration may be transferable from one owner to another or from one control to another on the same premises provided that—(a)an application for such transfer is made to the municipality on the prescribed form; and(b)if the trade name of the premises changes, the holder of the spraying permit or certificate of registration must ensure that the municipality is immediately notified of such change in writing.

(6)A certificate of registration will not be issued or renewed unless:(a)the municipality is in possession of a set of approved plans as contemplated in section 30 of this by-law; and(b)the prescribed application form has been completed in full and has been submitted to the municipality.

(7)Any person who is in possession of a valid certificate of registration may apply to the municipality in writing on the prescribed form to have the total quantity of hazardous substances or the number of under-ground tanks, storerooms, gas installations or other storage areas amended, according to need, provided that—(a)any application must be accompanied by the prescribed fee;(b)an application will only be approved if the proposed amendments comply with the provisions of this by-law; and(c)if an application is approved, the applicant must submit the original certificate of registration to the municipality for amendment.

(8)The municipality may send the holder of a certificate of registration a reminder for renewal of registration. A holder of a certificate who has not received a reminder is not indemnified from possible prosecution.

(9)The holder of a certificate of registration must ensure the validity of a certificate of registration.

(10)Nothing in this section prevents the chief fire officer from requiring any person who is storing, manufacturing, selling, using or handling on any premises any flammable liquid or flammable substance not falling within a Class I, Class II or Class III flammable liquid, to register such premises in terms of this by-law.

(11)Where any person has a quantity of any notifiable substance which is equal or greater than that specified in the Occupational Health and Safety Act, No 85 of 1993: General Machinery Regulations, 1988: Schedule A, such person must immediately notify the municipality and must forthwith comply with the provisions of the Major Hazard Installation Regulations, 2001.

(12)Notwithstanding the provisions of subsection (11), where the nature or quantities of hazardous substances on any premises are deemed by the chief fire officer to constitute a major hazard, with particular reference to separation distances, he may direct the owner or user of such hazardous substance(s) to conduct a risk assessment in terms of Section 5 of the Major Hazard Installation Regulations published under Government Notice R 692 of 30 July 2001 and submit such findings to the municipality.

(13)Where any premises are determined to be a major hazard installation, the municipality must forthwith prepare an off-site emergency plan in respect thereof.

102. Supply of hazardous substances

No 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 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—(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 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

(1)The municipality may grant a temporary certificate of registration for a period of not more than six months to any person who, for bona fide reasons, requires more hazardous substances on the premises than the quantities contemplated in section 101(12)of this by-law: Provided that—(a)if the hazardous substances are required for, or in connection with, excavations, construction work and road construction, the quantity must be limited to 14 000 litres;(b)an application is submitted on the prescribed form, accompanied by the prescribed fees together with the plans required under section 100 of this by-law; and(c)the duration of the temporary storage is at the discretion of the chief fire officer.

(2)Any person whose application for a temporary storage tank is approved must ensure that—(a)the storage tank 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;(b)provision is made for the run-off of any possible rainwater from the retaining walls or retaining embankments;(c)the storage tank is not erected within 5m of any erf boundary, building, excavation, road or driveway;(d)no source of ignition or potential ignition is brought within 5m of the storage tank;(e)symbolic signs prohibiting smoking and open flames, at least 300mm x 300mm in size, are affixed to all sides of the temporary installation; and(f)a minimum of two 9kg dry chemical fire extinguishers are installed within 10m of the temporary installation.

106. Delivery of hazardous substances

(1)Any person delivering hazardous substances to any supplier or user—(a)may not park any delivery vehicle on or across any pavement or a public road;(b)may not place or allow any delivery hose to lie on or across any pavement, public road or other premises, or pass through or over a building;(c)must ensure that a 9kg dry chemical fire extinguisher is available and placed in the immediate readiness at all times;(d)must ensure that, during the pumped transfer of hazardous substances by pipe or hose, the delivery vehicle and all components of the transfer including the storage facility are bonded and earthed;(e)must ensure that the delivery vehicle is positioned so as to enable quick and easy removal thereof in the event of an emergency situation without exacerbating the situation; and(f)must ensure that no hazardous substance is transferred from a delivery vehicle to a facility that is leaking or broken.

(2)The owner of any device connected with or used for the delivery of a hazardous substance must ensure that the device is designed for the intended purpose and is in a safe and good working condition.

(3)The person in charge of any delivery process relating to any hazardous substance must take reasonable precautionary measures to ensure that no hazardous substance is spilled on any surface during delivery or the transfer thereof from a delivery vehicle to a storage facility.

(4)No person may transfer or permit the transfer of any hazardous substance to a motor vehicle, aircraft, vessel, ship or boat whilst the power source thereof is in operation.

(5)No person may transfer a hazardous substance to an aircraft unless and until the aircraft has been bonded to the transfer device and earthed to ground.

107. Prohibition of certain actions

(1)Any person who stores or permits, hazardous substances to be stored, handled or used, may not—(a)perform any act or action that may reasonably result in or cause a fire or an explosion; or(b)perform any act or action that may reasonably obstruct the escape to safety of any human being or animal during an emergency situation.

(2)No person may dump or permit any hazardous substance to be dumped into any borehole, pit, sewer, drain system or surface water.

(3)No person may discard hazardous substances in any manner other than by a registered hazardous waste disposal agency.

(4)No person may light, bring or use, or permit any fire, flame or anything that produces or is capable of producing an open flame within 5m of any area where hazardous substances are stored, used or handled.

(5)No person may use or permit any device to be used in connection with hazardous substances in any basement of a building, excluding a gas welding device or gas cutting device for the sole purpose of welding or cutting in connection with the maintenance of that building.

(6)With the exception of the driver or other person in charge thereof, no person may fill, have filled or permit the filling of the fuel tank of a bus while there is any other person or persons on board such bus and no person may transport or permit the transportation of any hazardous substances in or on any bus, except in the fuel tank.

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 HAZARDOUS SUBSTANCES	QUANTITIES MAY NOT EXCEED
1.	Group I: explosives	No exemption
2.	Group II: Gases
2.1	Flammable gases	100kg total cylinder capacity
2.2	Non-flammable gases	333kg total cylinder capacity
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 organic 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/caustic substances
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 packets	1000kg
9.	Group IX: Miscellaneous substances
9.1	Liquids	210 litres
9.2	Solids	210kg
(B)	MULTIPLE-LOAD HAZARDOUS SUBSTANCES	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

(1)Portable containers(a)All portable metal containers and related devices for Group II hazardous substances must be manufactured, marked, maintained, filled and stored in accordance with the provisions of SANS 10019, SABNS 10228, SANS 10229 and SANS 10238, as the case may be.(b)All portable metal containers for liquid petroleum gas must be stored, filled and/or installed in accordance with the provisions of SANS 10228, SANS 10229, SANS 10238, SANS 10019 and SANS 10087, Parts 1 to 10, as the case may be.(c)All portable containers for Group II hazardous substances must at all times be transported, stored or installed in a vertical position.

(2)Bulk containersAll bulk containers for Group II hazardous substances must be designed, manufactured, maintained and installed in terms of the provisions of the Occupational Health and Safety Act, 1993 (Act 85 of 1993), and any regulations made under the Act; SANS 10019; SANS 10087-3; and the provisions of the National Building Regulations and Building Standards Act, 1977, and any regulations made under the Act, as the case may be.

(3)Manifold installations(a)No Group II hazardous substance may, for any reason whatsoever, be used, stored, handled or installed indoors in any manifold installation or otherwise on any premises.(b)The provisions of this section are not applicable to the storage,use, handling or installation of any portable liquid petroleum gas container with a maximum water capacity of 45 Litres inside a detached private dwelling, on condition that such container is used solely for bona fide residential purposes; provided further that such cylinders are installed in accordance with the requirements of SANS 10087-1.(c)Any person who furnishes proof, as contemplated in subsection (4) (b) , must be an approved professional engineer or other registered competent person and, in terms of Regulation A19 of the National Building Regulations, be appointed by the owner or occupier of the building in question.

(4)(a)No person may, without the permission of the chief fire officer, use, handle, display or apply any hydrogen-filled portable containers, hydrogen devices or hydrogen balloons indoors, for whatever purpose.(b)In enforcing this subsection, hydrogen gas shall include any gas compound that contains hydrogen gas, unless the non-flammable nature or non-explosiveness of the gas compound can be scientifically certified.

(5)Acetylene welding or cutting devices may only be used indoors in accordance with the provisions of SANS10238; provided that the chief fire officer may prescribe fire protection requirements concerning the installation, storage and use of such devices.

(6)The installation of under ground pipelines for any Group II hazardous substance within the area, including branches and manifolds of such pipelines is with the necessary changes subject to the provisions of sections 100 to 108 of this by-law.

(7)Under ground pipelines—Any under ground pipeline for a Group II hazardous substance must comply with the following requirements—(a)the owner of the pipeline must provide fire hydrants, of which the required delivery of each individual fire hydrant must be at least 1 600l per minute at a work pressure of 300 kPa, and such fire hydrants must be parallel to the pipeline at every pump station within the area. The owner must maintain the fire hydrants in a working condition at all times.(b)the owner of a pipeline must provide sufficient cathodic protection for the pipeline and maintain the cathodic protection in a working condition at all times.(c)a pipeline must be indicated by markers approved by the chief fire officer and such markers must be maintained in a functional condition at all times by the owner of the pipeline.(d)the installation and extension of a pipeline or branches to consumers’ premises, and the maintenance of the pipeline within the area of the local authority, must be done according to a recognised standard approved by the chief fire officer.(e)no construction work above or below the ground may be done within 16m of the pipeline reserve, unless the construction company is in possession of written authorisation to do so, which authorisation has been issued by the controlling authority and the owner of the pipeline.

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; and

(2)Except for storage tanks contemplated in section 112 of this by-law, all above-ground storage tanks may only be installed in bulk depots.

Chapter 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—(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 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

(1)A transport permit—(a)may not be issued by the chief fire officer for a period longer than 12months; and(b)must—(i)indicate the date of issue and expiry;(ii)identify the issuing officer and bear that officer’s signature;(iii)contain a serial number;(iv)indicate the group and quantity of dangerous goods that may be transported under the permit; and(v)contain a description of the vehicle concerned, including its registration number.

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—(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 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—(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

(1)No person may use or allow to be used, any vehicle to transport dangerous goods, unless—(a)the vehicle has a valid roadworthy certificate;(b)if not exempt in terms of section 117, the vehicle is equipped with at least two 9 kilogram dry chemical fire extinguishers—(i)designed and manufactured in accordance with SANS 810 and maintained in accordance with SANS 10105 and SANS 1475; and(ii)positioned and installed so that there is at least one fire extinguisher on each side of the vehicle that can be reached quickly and easily in the event of a fire.

(2)No person may use or allow to be used any vehicle to transport dangerous goods unless the vehicle cabin, body, cargo space, cargo tank, fuel tank, chassis and engine are effectively and permanently earthed with each other.

121. Supply of dangerous goods prohibited in certain circumstances

(1)No person may deliver or supply any dangerous goods of a type and in a quantity exceeding that specified in Schedule 2 to any premises that are not registered as contemplated in section 64(1).

(2)No person may deliver or supply any dangerous goods to any premises in contravention of any conditions of the certificate of registration applicable to those premises.

(3)No person may handle or allow to be handled any container containing dangerous goods in a manner that may damage that container.

(4)Every person who delivers dangerous goods must ensure that—(a)a 9 kilogram dry chemical fire-extinguisher is available at all times during the delivery;(b)during any transfer of the dangerous goods, the delivery vehicle is physically earthed to the storage facility to which the dangerous goods are being transferred;(c)while delivering—(i)the delivery vehicle is placed in such a position that it can be moved easily and quickly in the event of an emergency;(ii)the delivery vehicle is not parked on or across a pavement or a road;(iii)no delivery hose lies on or across a pavement, road or other premises;(d)no dangerous goods are transferred to a storage facility that does not comply with the requirements of Chapter 8 of this by-law and the provisions of SANS 10263;(e)any device connected with, or used for, the delivery of the dangerous goods—(i)is designed for its purpose; and(ii)is maintained in safe and good working condition; and(f)no dangerous goods are spilled during delivery.

(5)No person may transfer or allow to be transferred any dangerous goods to any motor vehicle, aircraft, vessel, ship or boat while its power source is in operation.

(6)No person may transfer any dangerous goods to any aircraft unless the aircraft is earthed to the transferral device by means of an earth cable.

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—(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 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

(1)The owner, occupier or person in charge of any zoological garden, feedlot, stable, research institution, veterinary practice or any place of veterinary science study, must ensure the professional handling of any animal on the premises concerned during an emergency.

(2)Notwithstanding the provisions of subsection (1), the chief fire officer may, in respect of any premises, authorise a suitably qualified person to handle or put down any animal during an emergency.

(3)The municipality may recover any costs incurred in relation to the professional handling or putting down of any animal during an emergency from the owner or person in charge of the premises concerned.

128. Exemption from provisions of this by-law

(1)Any person may make application to the municipality in writing, for an exemption from any provision of this by-law, specifying the reasons for exemption in such application.

(2)The municipality may grant an exemption—(a)in general or in particular;(b)for any period; and(c)subject to any condition that will provide the same overall fire prevention and protection that would result from the full application of this by-law.

(3)If an exemption is granted in terms of subsection (2), the municipality must issue a certificate of exemption to the person concerned, specifying the scope and period of the exemption and any condition imposed.

(4)The municipality may amend or withdraw a certificate of exemption at any time after proper notice to the holder thereof.

(5)The holder of a certificate of exemption must ensure that the certificate is available on the premises concerned at all times for inspection by any member.

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—(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 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—(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-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.

Schedule 1

GUIDELINES FOR EMERGENCY EVACUATION PLANS

Content of emergency evacuation plans1. Every emergency evacuation plan contemplated in section 38 must contain at least the information under the headings below.

(1)Emergency telephone numbersA list of all relevant emergency telephone numbers.

(2)General information(a)the physical address of the premises;(b)a description of the activities on the premises;(c)the number of persons present on the premises at any time;(d)an indication of any control room on the premises;(e)an indication of any alarm system on the premises; and(f)the particulars and contact details of every responsible person in the event of an emergency.

(3)Area studyAn area study addressing the following:(a)a history of emergency incidents on the premises;(b)any important and relevant features or landmarks regarding the premises; and(c)any information regarding adjacent premises that may be relevant to evacuation in an emergency.

(4)Socio-economic or other threatsAny socio-economic or other threats and their potential impact on the premises.

(5)Details of available equipmentParticulars and details regarding the position of the following equipment—(a)equipment in the control room;(b)fire fighting and first aid equipment on the premises; and(c)any other equipment which may be relevant in an emergency.

(6)The emergency teamParticulars and details regarding the identity of members of the emergency team, including—(a)its management;(b)the continuity officers;(c)the fire teams; and(d)the first aid teams.

(7)Duties of emergency team membersThe duties and responsibilities of members of the emergency team.

(8)Action plans and emergency proceduresDetails of the specific action plans and emergency procedures applicable to the premises.

(9)Building plans and mapsThe building plans of the premises and any relevant topographical map must be included in the evacuation plan.

(10)Emergency plan registerThe plan must include—(a)an updated register of the emergency evacuation plan;(b)an updated drill register for the emergency evacuation plan; and(c)a bomb threat questionnaire.

(11)Review of emergency evacuation plans

(1)An emergency evacuation plan must be reviewed and updated by the owner or occupier of the premises concerned at least once each year and whenever a member of the management of the emergency team ceases to work at the premises.

(2)Whenever an emergency evacuation plan is reviewed and updated,the owner or occupier of the premises concerned must ensure that all old plans on the premises or in the possession of the management of the emergency team are collected and destroyed in order to eliminate any confusion regarding the validity and accuracy of the evacuation plan.

(12)Emergency evacuation drills

(1)An emergency evacuation plan should be drilled at least twice each year and involve the participation of all persons who work or reside in the building concerned.

(2)The owner or person in charge of a building should give all persons who are to be involved in an emergency evacuation drill at least 21 days’ notice of the drill.

(13)Emergency evacuation awarenessEvery person who works or resides on premises should be aware of the emergency evacuation plan for that premises.

(14)Training of personsEvery person who resides or works on premises with an emergency evacuation plan should be suitably trained in—(a)first aid or fire fighting;(b)emergency aid;(c)emergency evacuation procedures; and(d)emergency management techniques.

Schedule 2

EXEMPTION FROM CERTIFICATE OF REGISTRATION

A certificate of registration in terms of section 64 is not required if the flammable substances concerned are of a type and do not exceed the quantity stipulated below.

GASES:
Class O	Liquefied petroleum gas	Flat- Total cylinder capacity may not exceed 9 kg per flat. Houses or commercial premises- Total maximum of 19 kg inside and total maximum of 100 kg on premises. Industrial premisesMaximum of 19 kg per 600m3 of building space with a total maximum of 100 kg.
FLAMMABLE LIQUIDS AND COMBUSTIBLE LIQUIDS:
Class I	Liquids that have a closedcap flash point of below 38°C	Total maximum of 40 litres
Class II	Liquids that have a closedcap flash point of 38°C or above, but below 60,5°C	Total quantity of Class II and Class IIIA together may not exceed the maximum quantity of 210 litres
Class IIIA	Liquids that have a closecap flash point of 60,5°C or above but below 93°C

Schedule 3

EXEMPTION FROM TRANSPORT PERMIT

A transport permit in terms of section 113 is not required for the transport of dangerous goods of the type and not exceeding the quantity stipulated below.

GROUP	DESCRIPTION	QUANTITY
II	GASES	Total cylinder capacity may not exceed 50 kilograms
	Flammable gases	Total cylinder capacity may not exceed 50 kilograms
	Non-flammable gases	Total cylinder capacity may not exceed 333 kilograms
III	FLAMMABLE LIQUIDS
	With flash points ≤18°C	Total quantity may not exceed 100 litres
	With flash points ≤18°C but ≤23°C	Total quantity may not exceed 420 litres
	With flash points ≤23°C but ≤61°C	Total quantity may not exceed 1100 litres
	With flash points ≤61°C but ≤100°C	Total quantity may not exceed 1 100 litres
IV	FLAMMABLE SOLIDS
	Flammable solids	Total quantity may not exceed 250kg
V	OXIDISING AGENTS AND ORGANIC PEROXIDES
	Oxidising agents	Total quantity may not exceed 200 kilograms
	Group II organic peroxides in packets	Total quantity may not exceed 200 kilograms
VI	TOXIC/INEFFECTIVE SUBSTANCES
	Group I toxic substances in packets	Total quantity may not exceed 5 kilograms
	Group II toxic substances in packets	Total quantity may not exceed 50 kilograms
	Group III toxic substances in packets	Total quantity may not exceed 500 kilograms
VII	CORROSIVE/CAUSTIC SUBSTANCES
	Group I acids in packets	Total quantity may not exceed 50 kilograms
	Group II acids in packets	Total quantity may not exceed 200 kilograms
	Group III acids in packets	Total quantity may not exceed 1000 kilograms
	Group I alkaline substances in packets	Total quantity may not exceed 50 kilograms
	Group II alkaline substances in packets	Total quantity may not exceed 200 kilograms
	Group III alkaline substances in packets	Total quantity may not exceed 1000 kilograms
IX	MISCELLANEOUS SUBSTANCES
	Liquids	Total quantity may not exceed 210 litres
	Solids	Total quantity may not exceed 210 kilograms

Schedule 4

SPRAY BOOTH CONSTRUCTION

WALLS	225mm Brickwork.
ROOF	Reinforced concrete.
FLOOR	Concrete or other impervious material.
DOORS (A) (B)	Constructed of 50mm hardwood completely covered, including the edges, with 24 s.w.g. metal secured to the door with bolts at 30mm centres along the edges. The doors to open outwards and to be hung on Tee hinges bolted to the door. Close fitting metal doors not less than 3mm in thickness, carried on an angle iron frame and having an all round overlap or not less than 50mm.
NOTE:	Where the floor area exceeds 18sq. metres 2 doors must be provided.
WINDOWS	Metal frames with no opening sections glazed with wire-woven glass not exceeding 460mm x 460mm. Putty approved by the SANS Code No. 680/59 only to be used and the occupier to furnish proof of this to the Director: Fire and Emergency Services.
NOTE:	The Factory Inspector requires natural light to the extent of 20% of the floor area.
VENTILATION	30 Lineal metres/minute velocity across the room must be provided by means of mechanical ventilation, with the centre line of the inlets 460mm above the floor level and to discharge through vertical metal ducting terminating one (1) metre above the apex of the roof. No right angle bends to be used in the ducting system. Exhaust fans to be installed at four (4) metre centres or horizontal metal ducting extending the entire length of the wall with suitable inlets, must be provided.
NOTE:	If the ducting is external to the Spray Booth and in communication with the Workshop etc., it must be protected by either 110mm brick or 50mm asbestos cement lagging.
VENTILATION INLETS	The wall opposite the exhaust fans to be honeycombed with airbricks installed from 100mm above floor level to a height of not less than two (2) metres
MINIMUM NO. OF AIRBRICKS 40 65 90 150	SIZE OF ROOM Up to but not exceeding 140 cubic metres. Up to but not exceeding 280 cubic metres. Up to but not exceeding 470 cubic metres. Up to but not exceeding 650 cubic metres
NOTE: Metal filters with metal swarf elements may only be used in an all metal installation, in lieu of Airbricks
ELECTRICAL WORK	electrical work must be of flame-proof construction.
DANGER NOTICE	‘‘DANGER–NO SMOKING’’ notices in 150mm high white letters on a red background to be provided above the doors outside the Spray Booth.

Entire By-law
Preface
Chapter 1 – DEFINITIONS AND INTERPRETATION OF THIS BY-LAW
1. 1. Definitions
Chapter 2 – PURPOSE AND APPLICATION OF BY-LAW
1. 2. Purpose of by-law
2. 3. Application of by-law
Chapter 3 – ESTABLISHMENT OF A FIRE BRIGADE SERVICE
Chapter 4 – FIRE PROTECTION
Chapter 5 – REGULATION OF FIREWORKS
Chapter 6 – CERTIFICATE OF REGISTRATION FOR USE, HANDLING AND STORAGE OF FLAMMABLE SUBSTANCES
Chapter 7 – DECLARATION OF FIRE CONTROL ZONES
1. 74. Fire Control Zones
Chapter 8 – GENERAL PROVISIONS REGARDING THE USE, HANDLING AND STORAGE OF FLAMMABLE SUBSTANCES
Chapter 9 – STORAGE OF FLAMMABLE SUBSTANCES
Chapter 10 – HAZARDOUS SUBSTANCES
Chapter 11 – TRANSPORT, SUPPLY AND DELIVERY OF DANGEROUS GOODS
Chapter 12 – SPRAY PAINTING AND SPRAYING ROOMS
Chapter 13 – MISCELLANEOUS
Schedule 1
Schedule 2
Schedule 3
Schedule 4

History of this By-law

11 July 2014 this version

Published in Western Cape Provincial Gazette no. 7285

By-law commences.

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