This is the version of this By-law as it was from 14 April 2010 to 21 October 2010. Read the latest available version.
Hessequa
South Africa
South Africa
Fire Safety By-law, 2010
- Published in Western Cape Provincial Gazette 6725 on 14 April 2010
- Commenced on 14 April 2010
- [This is the version of this document as it was from 14 April 2010 to 21 October 2010.]
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, 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 0131 and SANS 089 Part 1 and SANS 087 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;"Hessequa Municipality" means the Hessequa Municipality established in terms of section 12 of the Municipal Structures Act, (Act 117 of 1998);"certificate of fitness" means a certificate contemplated in section 41;"certificate of registration" means a certificate contemplated in section 60;"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;"Civil Aviation Authority" means the South African Civil Aviation Authority established in terms of section 2 of the South African Civil Aviation Authority Act, 1998 (Act No. 40 of 1998);"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 60,5°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, 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 premises;"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 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 Hessequa 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/entertainment centres, informal settlements, harbours, hospitals, prisons, large airport buildings, high-rise buildings and petrochemical plants.NOTE: High-rise buildings are an integral part of central business districts and would therefor be included in Category A. Buildings with major fire safety or other risk implications may, however, be classed as special risks;"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 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 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 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 82 of the Municipal Structures Act or his nominee;"municipality" means the Hessequa 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" has its common law meaning and includes-(a)a lessee or other person who controls the land in question in terms of a contract, testamentary document, law or order of a High Court;(b)in relation to land controlled by a community, the executive body of the community in terms of its constitution or any law or custom;(c)in relation to State land not controlled by a person contemplated in paragraph (a) or a community-(i)the Minister of the Government department or the member of the executive council of the provincial administration exercising control over that State land; or(ii)a person authorised by him or her; and(d)in relation to a municipality, the municipal manager of the municipality or a person authorised by him or her;"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 10G(7)(a)(ii) of the Local Government Transition Act, 1993 (Act No. 209 of 1993), 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)tt 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 120;"spraying room" means a room contemplated in section 119;"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 75;"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
Chapter 3
Establishment of a fire brigade service
4. Establishment and maintenance of service
5. Objects of the Service
6. Reporting a fire hazard and other threatening danger
7. Administration and enforcement
8. Delegation
9. Chief fire officer
10. Instructions by members of service
11. Pretending to be member of service prohibited
12. Certificates to identify members of service
13. Wearing of uniform and insignia
14. Driving service vehicles
15. Duties and orders during emergency situations
16. Right of access to buildings and premises and issue of instructions
17. Interference with the Service
18. Furnishing of false information
19. Denial, suspension or revocation of an approval or a certificate
20. Records required, access to records and release of media statements
21. Failure to comply with provisions
22. Payment for services
23. Joint Fire Services Committee
Chapter 4
Fire protection
Part A – Fire protection for buildings and premises
24. General provisions
The chief fire officer must in terms of sections 16(3) and 21(1) of this by-law abate a contravention of the National Building Regulations relating to fire and safety of buildings and premises.25. Design and construction of buildings
26. Design and construction of dumping sites
27. Design and construction of other structures and sites
28. Requirements for sprinkler systems
29. Requirements for extractor fan systems
30. Requirements for emergency exits
31. Requirement regarding fire doors and assemblies
32. Design, identification and access for fire-fighting and rescue purposes
33. Accessibility of fire-fighting equipment and fire installations
34. Barricading of vacant buildings
35. Fire protection for thatch roof structures
Part B – Fire fighting equipment
36. Installation and maintenance of fire-fighting equipment
37. Fire alarms and fire hydrants
Part C – Emergency evacuation plans
38. Chief fire officer may designate premises for emergency evacuation plans
39. Duties of owner or occupier of designated premises
Part D – Public gatherings
40. Prohibition of public gatherings in certain circumstances
41. Application for certificate of fitness
42. Requirements for certificate of fitness
43. Form and content of certificate of fitness
44. Duties of holder of certificate of fitness
45. Cancellation of certificate of fitness
Part E – Water supply for fire fighting purposes
46. Township development water supply requirements
47. Township development fire-extinguishing stream requirements
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
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 |
49. Fire risk categories
50. Connections to water reticulation system
Part F – Prevention of fire hazards
51. Applicable legislation, permit procedures and norms and guidelines
52. Certain fires prohibited
53. Storage and accumulation of combustible material and overgrown premises or road reserves
54. Electrical fittings, equipment and appliances
55. Flame-emitting devices
56. Discard of flammable liquid or substance in sewers or drains
57. Flammable gas
58. Smoking restrictions and discarding of combustibles
59. Safety requirements for informal settlement areas
In the event of establishment of any informal settlement, inclusive of any temporary settlement area, the following minimum requirements shall apply:Chapter 5
Certificate of registration for use, handling and storage of flammable substances
60. Use, handling and storage of flammable substances prohibited in certain circumstances
61. Application for certificate of registration for flammable substances
62. Issue of certificate of registration
63. Availability of certificate of registration at premises
64. Fire-fighting equipment
65. Amendment to certificate of registration
66. Cancellation of certificate of registration
67. Renewal of certificate of registration
68. No authorisation required for certain motor vehicle fuel tanks
69. Record of certificates of registration
Chapter 6
Declaration of fire control zones
70. Fire control zones
Chapter 7
General provisions regarding the use, handling and storage of flammable substances
71. General prohibitions regarding the use, handling and storage of flammable substances
72. Use, handling and storage of liquefied petroleum gas
73. Display of symbolic warning signs required
74. Duty to report fires, accidents and dumping
Chapter 8
Storage of flammable substances
75. Storage of flammable substances prohibited in certain circumstances
76. Taking of samples in respect of flammable substances
77. Symbolic safety signs must be displayed
78. Construction of flammable substance storerooms
79. Requirements for storeroom doors
80. Requirements for storeroom windows
81. Requirements for storeroom catch pits
82. Ventilation of storerooms
83. Electrical equipment in storerooms
84. Foam inlets required for certain storerooms
85. Shelving in storerooms
86. Unauthorised use and entry of storerooms prohibited
87. Mixing and decanting rooms
88. Temporary above ground storage of flammable substances
89. Hand tools must be intrinsically safe
90. Permanent above ground storage tanks for flammable liquids
91. Underground storage tanks for flammable liquids
92. Installing, erecting, removing and demolishing prohibited without prior notice
93. Repair and maintenance of access to storage tanks
94. Termination of storage and use of flammable substances
95. Container handling and storage
Chapter 9
Hazardous substances
96. Application for the approval of plans
97. Issuing of certificates of registration
98. Supply of hazardous substances
99. Exemptions
100. Renewal of spraying permits and/or certificates of registration
101. Temporary storage of hazardous substances
102. Delivery of hazardous substances
103. Prohibition of certain actions
104. "No smoking" signs
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 > 61 °C but # 100 °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 | 1 000kg |
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 |