Bergrivier
South Africa
South Africa
Fire Safety By-law, 2016
- Published in Western Cape Provincial Gazette 7637 on 24 June 2016
- Commenced on 24 June 2016
- [This is the version of this document from 24 June 2016 and includes any amendments published up to 1 November 2024.]
Chapter I
Definitions and intepretation of this by-law
1. Definitions and interpretation
In this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, 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 0131 and SANS 089 Part 1 and SANS 087 Part 3;"agricultural holding" means a portion of land used solely or mainly for the purpose of agriculture, horticulture or for breeding or keeping domesticated animals, poultry or bees;"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;"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), (b) or(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;"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 40;"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;"Chief Inspector of Explosives" means the Chief Inspector of Explosives appointed in terms of section 2 of the Explosives Act, 1956;"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;(ii)Class IB: liquids which have a closed-cap flash point below 23° C and a boiling point of 38° C or above; and(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 60,5° C;(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, cloth trimmings and cuttings, rubber trimmings and buffing, metal fines, and any mixture of the above items;"competent person" means a person who is qualified by virtue of his or her experience and training;"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 59;"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 37;"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;"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 service 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;"firebreak" means a natural or constructed strip of land where vegetation has been removed or modified to contain or reduce the spread and intensity of any fire that may occur in or enter a premise, and may consist of the following:(a)grass or vegetation that does not exceed 50 mm in height;(b)lawn or cultivated garden, or(c)a road or driveway;""firebreak burning season" means a specific time bound period as determined by the Chief Fire Officer in conjunction with any other party which may include a registered Fire Protection Association, department of Water Affairs and Forestry, Cape Nature or the West Coast District Municipality;"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" may include any premises or area that is close proximity to areas or premises of high fire risk or sensitive land use;"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;"fireworks" means any explosive device or substance which burns or explodes after ignition, including firecrackers, and which is regulated under the Explosives Act;"fireworks display" means the use of fireworks for purposes of 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 SANS 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 store" means a store that is used for the storage of flammable liquids and complies with the criteria set out in Chapter 9 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 82 of the Municipal Structures Act or his nominee;"municipality" means the Municipality of Bergrivier, 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 registered owner of the premises and includes—(a)any person who receives rental or profit from the premises, whether on own account or as agent;(b)a body corporate in respect of any sectional title scheme contemplated under the Sectional Titles Act, 1986 (Act No 95 of 1986); and(c)an executor or curator of any deceased or insolvent estate;"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;"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;(c)to attend any meeting or participate in activity whether political or not whether inside or outside a building where it is deemed necessary to have an emergency evacuation plan."public place" means any square, park, recreation ground, beach, sports ground, sanitary lane, building 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 2 of the Standards Act, 1993 (Act No 29 of 1993), 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 111;"spraying room" means a room contemplated in section 110;"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;"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."West Coast District Municipality" means the West Coast District municipality established in terms of section 12 of the Municipal Structures Act, 117 of 1998;Chapter 2
Purpose and application of by-law
2. Purpose of by-law
The purpose of this by-law is to establish and maintain a service for the area of jurisdiction of the municipality, to promote the achievement of a fire-safe environment for the benefit of all persons within the area of jurisdiction of the municipality and to provide for procedures, methods and practices to regulate fire safety within the area of jurisdiction of the municipality.3. Application of by-law
Chapter 3
Establishment of a fire brigade service
4. Establishment and maintenance of service
5. Objects of the service
6. Reporting a fire hazard and other threatening danger
7. Administration and enforcement
8. Delegation
9. Chief fire officer
10. Instructions by members of service
11. Powers of members of service
12. Fire brigade reserve force
13. Pretending to be member of service prohibited
14. Certificates to identify members of service
15. Wearing of uniform and insignia
16. Driving service vehicles
17. Duties and orders during emergency situations
18. Right of access to buildings and premises and issue of instructions
19. Interference with the service
20. Furnishing of false information
21. Denial, suspension or revocation of an approval or a certificate
22. Records required, access to records and release of media statements
23. Failure to comply with provisions
24. Payment for services
25. Joint Fire Services Committee
Chapter 4
Fire protection
Part A – Fire protection for buildings and premises
26. 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.27. Design and construction of buildings
28. Access for emergency vehicles
29. 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—30. Design and construction of other structures and sites
31. Requirements for sprinkler systems
32. Requirements for extractor fan systems
33. Requirements for emergency exits
34. Requirement regarding fire doors and assemblies
35. Design, identification and access for fire-fighting and rescue purposes
36. Accessibility of fire-fighting equipment and fire installations
37. Barricading of vacant buildings
38. Division and occupancy separating elements
An 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.39. Tents
40. Informal settlements
Part B – Fire-fighting equipment
41. Installation and maintenance of fire-fighting equipment
42. Fire alarms and fire hydrants
Part C – Emergency evacuation plans
43. Chief Fire Officer may designate premises for emergency evacuation plans
44. Duties of owner or occupier of designated premises
Part D – Public gatherings
45. Prevention and control of overcrowding
46. Attendance of a service
47. Prohibition of public gatherings in certain circumstances
48. Application for certificate of fitness
49. Requirements for certificate of fitness
50. Form and content of certificate of fitness
51. Duties of holder of certificate of fitness
52. Cancellation of certificate of fitness
Part E – Safety at Events
53. Submission of applications for approval to hold or stage events
54. Requirements and conditions
55. Decisions on events
56. Holding of an event
57. Suspension and revocation of permit
58. Indemnity
59. Offences and Penalties
Part F – Water supply for fire-fighting purposes
60. Township development water supply requirements
61. 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 service in an emergency, of the following volume and duration:Fire risk category | Fire risk category extinguishing stream(litres per minute) | Minimum volume of Minimum duration of extinguishing stream (hours) |
---|---|---|
High risk | 11 500 | 6 |
Moderate risk | 5 750 | 4 |
Low risk | 2 300 | 2 |
62. Township development fire hydrant requirements
Fire risk category | Minimum fire hydrant delivery volume measured at peak consumption (litres per minute) | Minimum distance between fire hydrants (metres) |
---|---|---|
High risk | 1980 | 120 |
Moderate risk | 1150 | 180 |
Low risk | 900 | 240 |
63. Fire risk categories
64. Connections to water reticulation system
Part G – Prevention of fire hazards
65. Certain fires prohibited
66. Storage and accumulation of combustible material prohibited
67. Electrical fittings, equipment and appliances
68. Flame-emitting devices
69. Discard of flammable liquid or substance in sewers or drains
70. Flammable gas
71. Smoking restrictions and discarding of combustibles
72. Safety fire-breaks required
Chapter 5
Regulation of fireworks
73. Designation of places and conditions
74. Discharge of fireworks
75. Dealing in fireworks
76. Seizure of fireworks
A member of the service may take into his possession any fireworks found by him in contravention of section 60(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
77. Use, handling and storage of flammable substances prohibited in certain circumstances
78. Application for certificate of registration for flammable substances
An application for a certificate of registration contemplated in section 63(1) must be completed and submitted in the form and manner prescribed.79. Issue of certificate of registration
80. Availability of certificate of registration at premises
81. Fire-fighting equipment
82. Amendment to certificate of registration
The chief fire officer may amend any certificate of registration on application by the holder.83. Cancellation of certificate of registration
The provisions of section 44, read with the necessary changes, apply to any cancellation by the chief fire officer of a certificate of registration.84. 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.85. No authorisation required for certain motor vehicle fuel tanks
No certificate of registration contemplated in section 63(1) or any other authorisation contemplated in this by-law is required in respect of flammable liquids in a fuel tank—86. 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
General provisions regarding the use, handling and storage of flammable substances
87. General prohibitions regarding the use, handling and storage of flammable substances
88. Use, handling and storage of liquefied petroleum gas
89. Display of symbolic warning signs required
90. Duty to report fires, accidents and dumping
Chapter 8
Declaration of fire control zones and fire break burning seasons
91. Fire Control Zones
92. Firebreak Burning Seasons
Chapter 9
Storage of flammable substances
93. Storage of flammable substances prohibited in certain circumstances
94. Taking of samples in respect of flammable substances
95. Symbolic safety signs must be displayed
96. Construction of flammable substance storerooms
97. Requirements for storeroom doors
98. Requirements for storeroom windows
99. Requirements for storeroom catch pits
100. Ventilation of storerooms
101. Electrical equipment in storerooms
102. Foam inlets required for certain storerooms
103. Shelving in storerooms
104. Unauthorised use and entry of storerooms prohibited
105. Mixing and decanting rooms
106. Temporary above ground storage of flammable substances
107. Hand tools must be intrinsically safe
108. Permanent above ground storage tanks for flammable liquids
109. Underground storage tanks for flammable liquids
110. Installing, erecting, removing and demolishing prohibited without prior notice
111. Repair and maintenance of access to storage tanks
112. Termination of storage and use of flammable substances
113. Container handling and storage
Chapter 10
Transport, supply and delivery of dangerous goods
114. Transport of dangerous goods prohibited without transport service permits
115. Application for transport service permits
116. Requirements of transport service permits
117. Cancellation of transport service permit
The provisions of section 44, read with the necessary changes, apply to any cancellation of a transport permit by the chief fire officer.118. Exemption from transport service permits
A transport service permit contemplated in section 100 is not required for the transportation of dangerous goods of the type and not exceeding the quantities stipulated in Schedule 3.119. Design, construction, maintenance and repair of road tankers
120. Design, construction, maintenance and repair of other vehicles
121. General prohibitions regarding transport of dangerous goods
122. Supply of dangerous goods prohibited in certain circumstances
123. 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 11
Spray painting and spraying rooms
124. 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.125. Spraying prohibited without spraying permit
126. 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.127. Cancellation of spraying permit
The provisions of section 44, read with the necessary changes, apply to the cancellation by the chief fire officer of any spraying permit.Chapter 12
Miscellaneous
128. Handling of animals during emergencies
129. Exemption from provisions of this by-law
130. 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—131. Cancellation of approval, authorisation or permission
The provisions of section 44, read with the necessary changes, apply to any approval, authorisation or permission contemplated in section 116.132. By-law binds State
This by-law binds the State and any person in the service of the State.133. Conflict with other legislation
In the event of any conflict between any provision of this by-law and National and Provincial legislation, standards, policies or guidelines, the National and Provincial legislation, standards, policies or guidelines shall prevail.134. Offences and penalties
A person who contravenes any provision or fails to comply with any provision of this by-law commits an offence and shall on conviction be liable to—135. 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, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.136. Short title and commencement
This by-law shall be known as the Fire Safety By-law and comes into operation on the date of publication in the Provincial Gazette.History of this document
24 June 2016 this version
Cited documents 14
Act 14
1. | Local Government: Municipal Systems Act, 2000 | 4529 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4396 citations |
3. | Criminal Procedure Act, 1977 | 3804 citations |
4. | Local Government: Municipal Finance Management Act, 2003 | 1743 citations |
5. | National Road Traffic Act, 1996 | 1718 citations |
6. | Promotion of Access to Information Act, 2000 | 1633 citations |
7. | Occupational Health and Safety Act, 1993 | 979 citations |
8. | Constitution of the Republic of South Africa, 1996 | 601 citations |
9. | Hazardous Substances Act, 1973 | 350 citations |
10. | Fire Brigade Services Act, 1987 | 233 citations |