Community Fire Safety By-law, 2002
- Published in Western Cape Provincial Gazette 5832 on 28 February 2002
- Commenced on 28 February 2002
- [This is the version of this document from 21 August 2015 and includes any amendments published up to 28 July 2023.]
PreambleThe Municipal Council of The City of Cape Town recognises: —• that everyone has the constitutional right to an environment that is not harmful to their safety or well-being;• that losses due to fire and the subsequent economic and social impact on people, property and infrastructure causes unnecessary hardship;• that the protection of all sectors of the community against fire is an important aspect in the development and sustainability of the economy;• that certain aspects of the daily existence need to be controlled in such a manner as to prevent and reduce the effects of fire on the community as a whole;• that the community has a vital role to play in achieving the objectives of this By-law, and• that the benefits of a fire-safe environment should be accessible to all.Purpose and scope of this By-lawThe purpose and scope of the By-law is:• to promote the achievement of a fire-safe environment for the benefit of all persons within the area of jurisdiction of the Municipality;• to repeal all existing relevant by-laws of the Municipality;• to provide for procedures, methods and practices to regulate fire safety within the area of jurisdiction of the Municipality.Application of this By-lawThis 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.
1. DefinitionsIn this By-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, 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 a flammable liquid;"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;"boundary" means any lateral or street boundary of a site;"building" means:—
"flammable solid" — as contemplated in SABS 0228, 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 substance" means a flammable liquid or a flammable gas;"flammable store" means a store that is used for the storage of flammable liquids and complies with the criteria set out in section 49 of this By-law;"Hazardous Substances Act" means the Hazardous Substances Act, 1973 (Act 15 of 1973);"Mobile filling station" a site that is being used temporarily or permanently for the filling of refillable liquefied petroleum gas containers from a mobile unit;[definition of "Mobile filling station" inserted by section 1(h) of the Amendment By-law, 2007]"Municipality" means The City of Cape Town;"Municipal Manager" means a person appointed in terms of section 82 of the Municipal Structures Act;"Municipal Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000);"National Building Regulations" means the regulations promulgated in terms section 17(1) of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), and:—
|Danger Group Based on Flammability|
|Danger Group||Closed Cup Flash Point (°)||Initial Boiling Point(°C)|
|i||—||≤ 35 (°C)|
|ii||< 23 (°C)||> 35 (°C)|
|iii||≥ 23 ≤ 60,5 (°C)||> 35 (°C)|
|iv||> 60,5 - 100 (°C)||> 35 (°C)|
2. Administration and enforcement
4. Enforcement provisions
5. Authority to investigateNotwithstanding anything to the contrary contained in any other law, a controlling authority has the authority to investigate the cause, origin and circumstances of any fire or other threatening danger.
6. Failure to comply with provisions
7. Denial, suspension or revocation of an approval or a certificateA controlling authority may refuse, suspend or revoke an approval or a certificate required by this By-law for: —
8. Records requiredThe safekeeping of all relevant records and documents is the responsibility of the controlling authority.
10. Reporting a fire hazard and other threatening dangerAn owner or the person in charge of the premises, upon discovering any evidence of a fire hazard or other threatening danger pertaining to this By-law, must immediately notify the controlling authority.
Fire protection of buildings
11. GeneralThe controlling authority in terms of section 4(3) or section 6(1) of this By-law must abate a contravention of the National Building Regulations relating to fire and safety of buildings.
12. Access for emergency vehicles
13. Division and occupancy separating elementsAn owner or person in charge of a building may not alter a division or occupancy separating element in any way that would render it less effective or to allow flame, heat or combustion products from penetrating into the adjacent compartment or structure.
14. Fire doors and assemblies
15. Escape routes
Fire safety equipment
17. Fire extinguishers
18. Testing and maintenance of fire protection systems
19. Interference with and access to fire protection systems and fire extinguishersA person is not permitted to render less effective, inoperative, inaccessible, or tamper and interfere with a fire extinguisher or fire protection system, except as may be necessary during emergencies, maintenance, drills or prescribed testing.
20. Fire alarms and fire hydrants
21. Prevention and control of overcrowding
22. Attendance of a service
23. Formulation of an emergency evacuation plan
24. Displaying of escape route plans
25. Barricading of vacant buildingsThe owner or person in charge of a building or portion thereof which is vacant must remove all combustible waste or refuse therefrom and lock, barricade or otherwise secure all windows, doors and other openings in the building to the satisfaction of the Municipality which will prevent the creation of a fire hazard caused by the entering of an unauthorised person.
26. Combustible waste and refuse
27. DustThe owner or person in charge of the premises or a portion thereof may not allow the accumulation of dust in quantities sufficient to create a fire or other threatening danger and must store or dispose of the dust as prescribed in the applicable legislation dealing with the storage and disposal of that specific type of dust.
28. Combustible or flammable substances and sweeping compounds
29. Accumulations in chimneys, flues and ductsThe owner or person in charge of the premises or a portion thereof must not allow soot or any other combustible substance to accumulate in a chimney, flue or duct of the premises in such quantities or in such a manner as to constitute a fire hazard or other threatening danger.
30. Sources of ignition
32. Electrical fittings, equipment and appliances
33. Flame-emitting deviceA person may not cause or permit a flame-emitting device, such as a candle, lantern or torch, but not limited thereto, to be used in a manner which is likely to create a fire hazard or other threatening danger.
Chapter 7[title of Chapter 7 substituted by section 8(a) of the Amendment By-law, 2006 and of the Amendment By-law, 2007]
Fire hazards and firebreaks
34. Combustible material
35. Lighting of fires and burning of combustible material
36. Application of this chapterNotwithstanding the provisions in either the Hazardous Substances Act or the Occupational Health and Safety Act, this Chapter regulates flammable substances in the local government sphere so as to prevent and reduce fire hazards or other threatening dangers.
37. Storage and use of a flammable substance
38. Flammable substance certificate
39. Permanent or temporary above ground storage tank for a flammable liquid
40. Underground storage tank for a flammable liquidThe installation of underground storage tanks, pumps, dispensers and pipework at service stations and consumer installations must be in accordance with National Building Regulations (T1) read in conjunction with S.A.B.S. 0400, S.A.B.S. 089: Part 3 and S.A.B.S. 0131: Part 3
41. Bulk storage depot for flammable substancesThe handling, storage and distribution of flammable substances at bulk depots must be in accordance with the National Building Regulations (T1), read in conjunction with SABS 089: Part 1.
42. Small installations for liquefied petroleum gasLiquefied petroleum gas installations involving gas storage containers of individual water capacity not exceeding 500 litres and a combined water capacity not exceeding 3 000 litres per installation must be installed and handled in accordance with SABS 087: Part 1.
43. Liquefied petroleum gas installation in mobile units and small non-permanent buildingsA Liquefied petroleum gas installation in mobile units and small non-permanent buildings shall be in accordance with SANS 10087: Part 1.[section 43 substituted by section 12 of the Amendment By-law, 2006 and of the Amendment By-law, 2007]
44. The fuelling of forklift trucks and other liquid petroleum gas operated vehiclesThe fuelling of forklift trucks and other liquid petroleum gas operated vehicles shall be in accordance with S.A.B.S. 087: Part 8.[section 44 substituted by section 13 of the Amendment By-law, 2006 and of the Amendment By-law, 2007]
44A. The application of liquid petroleum and compressed natural gases as engine fuelsThe use of liquid petroleum gas and compressed natural gas as a fuel for internal combustion engines and for the operation of equipment built for or converted to the use of liquid petroleum gas shall comply fully with SANS 10087 part 6.[section 44A inserted by section 14 of the Amendment By-law, 2006 and of the Amendment By-law, 2007]
44B. Mobile filling stations for refillable liquid petroleum gas (LPG) containers
45. The storage and filling of refillable liquefied petroleum gas containersStorage and filling sites used for refillable liquefied petroleum gas containers of capacity not exceeding 9kg must be in accordance with SANS 10087: Part 8.[section 45 substituted by section 15 of the Amendment By-law, 2006 and of the Amendment By-law, 2007]
46. Bulk storage vessel for liquid petroleum gasThe layout, design and operation of installations for the storage of a bulk liquid petroleum vessel and allied facilities must be in accordance with the National Building Regulations (T1), read in conjunction with SABS 087: Part 3.
47. Termination of the storage and use of flammable substances
48. Reporting accidentsIf an accident occurs which involves a flammable substance and results in a fire, an explosion, spillage or loss of a flammable substance, as well as personal injury or death, the owner or person in charge of the premises must immediately notify the controlling authority.
49. Flammable stores
50. Container handling and storage
51. Spray rooms and boothsA spray room, booth or area designated for the application of a flammable liquid must be constructed and equipped in such a manner as to comply with the General Safety Regulations promulgated in terms of the Occupational Health and Safety Act.
52. Liquid petroleum gas containers
52A. Major hazard installations
Transportation of dangerous goods
53. Dangerous goods certificate
54. State boundThis By-law binds the State and any person in the service of the State.
55. Offences and penalties
56. Repeal of laws and savings
57. Short title and commencementThis By-law is called the Community Fire Safety By-law and comes into operation on the date of publication in the Provincial Gazette.
Chapter 11[Chapter 11 inserted by section 19 of the Amendment By-law, 2006 and of the Amendment By-law, 2007]
58. Firework certificates and permits
History of this document
21 August 2015 this version
Cited documents 10
- Constitution of the Republic of South Africa, 1996
- Fire Brigade Services Act, 1987
- Hazardous Substances Act
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- Management and Administration of the City of Cape Town's Immovable Property
- National Forests Act, 1998
- National Road Traffic Act, 1996
- National Water Act, 1998
- Occupational Health and Safety Act, 1993