Community Fire Safety By-law, 2016
- Published in Western Cape Provincial Gazette 7634 on 15 June 2016
- Commenced on 15 June 2016
- [This is the version of this document from 15 June 2016 and includes any amendments published up to 17 November 2023.]
PreambleThe Municipal Council of Knysna Municipality recognizes that:• Everyone has the constitutional right to an environment that is not harmful to their safety or well-being;• Losses due to fire and the subsequent economic and social impact on people, property and infrastructure causes unnecessary hardship;• The protection of all sectors of the community against fire is an important aspect in the development and sustainability of the economy;• 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;• The community has a vital role to play in achieving the objectives of this by-law; and• The benefits of a fire-safe environment should be accessible to all.
Definitions, purpose scope and application
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 any inconsistency between the different texts and unless the context otherwise indicates:"above ground storage tank" means a tanksituated above ground for the storage of a flammable liquid;"automatic releasing hold-open device" means a device used to hold open a fire doorand operates on the detection of a fireto 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 refuseor combustible waste; and(v)the cultivation or growing of any plant or crop.(b)any wall, swimming pool, reservoir, bridge or any other structure connected therewith;(c)any fuel pump or any tankused in connection therewith;(d)any part of a building, including a building as defined in paragraph (a), (b) or (c); and(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 servicein respect of the building;"bund wall" means a containment wall surrounding an above round storage tankconstructed of an impervious material and designed to contain 110% of the contents of the tank;"Chief Fire Officer" means the person in chargeof a service, or the Acting Chief Officer, as contemplated in the Fire Brigade Services Act, Act 99 of 1987;"combustible material" means combustible refuse, combustible wasteor 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;"combustible liquid" means a liquid, which has a close-cap flash point of 380°C or above."Constitution" means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);"controlling authority" means either a Chief Fire Officer, a Municipal Manageror their respective delegates as contemplated in sections 3 and 4 of this by-law;"dangerous goods" means commodities, substances and goods that are capable of posing a significant risk to health and safety or to property or the environment and that are listed in SANS 10228;"designated area" shall mean a place designated as such in terms of Chapter 7;"division separating element" means a buildingelement or component, which separates one area in a buildingfrom another and has a fireresistance of not less than that required by the National Building Regulations(T1) read with the SANS 10400;"dump" means to abandon or discard any hazardous substanceby depositing, discharging, spilling or releasing it;"emergency" means any incident or eventuality, which may seriously endanger or may endanger any person or property;"emergency evacuation plan" means a plan specifically designed to aid in the evacuation of occupants from a buildingin the event of a fireor other threatening danger and assigns responsibility to various staff, indicates escape routes to be used and provides for general contingencies for a safe and quick evacuation from a building;"emergency route" means that part of an escape routethat provides fireprotection to the occupants of any buildingand which leads to an escape door;"emergency vehicle" means any fire, rescue or other vehicleintended for use at fires and other threatening dangers;"entertainment and public assembly occupancy" means a place where people gather to eat, drink, dance or participate in other recreational activities;"escape door" means the door in an escape route, which at ground level leads directly to a street or public placeor to any approved open space, which leads to a street or public place;"escape route" means the entire path of travel from the furthest point in any room in a buildingto the nearest escape doorand may include an emergency route;"escape route plan" means a diagram indicating the floor layout, the occupant's current position and the route of travel to the nearest primary and secondary escape routes in the building, as well as the action to be taken in the event of a fireor other threatening danger;"explosives" means explosives as defined in section 1 of the Explosives Act, 1965;"Explosives Act" means the Explosives Act, 1965 (Act 26 of 1956);"feeder route" means that part of an escape route, which allows travel in two different directions to the access doors of at least two emergencyroutes;"fire" includes a veldfire;"Fire Brigade Services Act" means the Fire Brigade Services Act, 1987 (Act 99 of 1987) and any regulations promulgated under the Act;"fire control zone" may include any premisesor area that is in close proximity to an area or premisesof high firerisk or sensitive land use;"fire damper" means an automatic damper and its assembly that complies with the requirements contained in SANS 193;"fire door" means an automatic or self-closing door or shutter assembly especially constructed to prevent the passage of firefor a specific length of time;"fire extinguisher" means a portable or mobile rechargeable container which has a fireextinguishing substance that is expelled by the action of internal pressure for the purposes of extinguishing a fire;"fire hazard" means any situation, process, material or condition which may cause a fireor explosion or provide a ready fuel supply to increase the spread or intensity of the fireor explosion and which poses a threat to life or property;"fire lanes" means the road, path or other passageway constructed or designated to allow access for emergencyvehicles;"fire protection system" 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 fireextinguishers;"fire wall" means a wall that is able to withstand the effects of firefor a specific period of time as contemplated in the National Building Regulations(T1) read with SANS 10400;"firework" has the meaning assigned thereto in the Explosives Act, Act 26 of 1956, as amended and the Regulations framed in terms thereof and include any article or thing commonly recognized as a firework;"fireworks display" means the discharge of fireworks as part of a public, religious or private function;"flammable gas" as contemplated in SANS 10228, means a gas that at 20°C and at 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 percentage points regardless of the lower flammable limit."flammable liquid" means a liquid or mixtures of liquids or a liquid containing solids in solution or in suspension that give off a flammable vapour at or below 60,5°C and also includes a liquid within the following danger groups as determined in SANS 10228:
"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 firethrough friction or solids that are desensitised (wetted) explosivesthat can explode if not diluted sufficiently;"flammable substance" means a flammable liquidor 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 substance" means any hazardous substance contemplated in the Hazardous Substances Act;"Hazardous Substances Act" means the Hazardous Substances Act, 1973 (Act 15 of 1973);"heavy fuel" means heavy continuous brush, more than 1,8m in height, and timber slash;"light fuel" means surface fuels of short grass and light brush up to 0,6m that burn rapidly and with high intensity;"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;"medium fuel" means brush up to 1,8m in height;"Municipality" means the Knysna Municipality, and includes any political structure, political office bearer or duly authorised agent thereof or any employee thereof acting in connection with this by-lawby virtue of a power vested in the Municipality and delegated or sub-delegated to such political structure, political office bearer, agent or employee;"Municipal Manager" means a person appointed in terms of section 82 of the Municipal Structures Act, 1998 (Act 117 of 1998);"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 of section 17(1) of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977), and(a)National Building Regulations (A2) means the provisions regulating the submission of buildingplans and particulars to the Municipality;(b)National Building Regulations (A20) means the provisions regulating the classification and designation of occupancies;(c)National Building Regulations (A21) means the provisions regulating the populationof a building;(d)National Building Regulations (T1) means the provisions regulating general requirements for fireprotection of a building; and(e)National Building Regulations (T2) means the provisions regulating the offences for non-compliance with the National Building Regulations (T1);"National Road Traffic Act" means the National Road Traffic Act, 1996 (Act 93 of 1996);"non-combustible" means a substance or material classified as non-combustible when tested in accordance with SANS 10177: Part 5;"occupancy" means the particular use or type of use to which a buildingor portion thereof is normally put or intended to be put as provided for in the National Building Regulations(A20);"occupancy separating element" means a buildingelement or component which separates one occupancyin a buildingfrom another and has a fireresistance of not less than that required by the National Building Regulations(T1) read with the SANS 10400;"Occupational Health and Safety Act" means the Occupational Health and Safety Act, 1993 (Act 85 of 1993);"occupier" means any person who occupies or has control over any premises;"operator" means the person responsible for the use of a motor vehicleand who has been registered as the operator of such a vehiclein terms of the National Road Traffic Act;"owner" means:(a)in relation to premises, other than a building, either a natural of juristic person whose identity is determined by operation of law;(b)in relation to a building, either a natural or juristic person in whose name the land on which such buildingwas or is erected or such land, as the case may be, is registered in the Deeds Office in question;(c)in relation to an installation, either a natural or juristic person in whose name a contract is entered into regarding approval, erection and maintenance of the installation provided that such a person is not the owner mentioned in (b); and(d)in the event of the controlling authoritybeing unable to determine the identity of a person mentioned in (a), (b) and (c), any person who is entitled to the benefit of the use of such premises, buildingor installation or who enjoys such benefit;"peace officer" shall have the meaning assigned thereto in the Criminal Procedure Act, 1997 (Act 51 of 1997), in respect of persons authorized by the Municipality to enforce the provisions of this by-law;"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 utilization of the installation, provided that such a person is not the person mentioned in (a), and(d)in the event of the controlling authoritybeing unable to determine the identity of a person mentioned in (a), (b) and (c) any person who is in the opinion of the controlling authoritydeemed to be in charge of such premises, buildingor installation;"population" means the population determined in accordance with the National Building Regulations(A21);"premises" means any building, beach, land, terrain, road, and vehicleand can include a vessel, train or aircraft;"prescribed fee" means a fee determined by the Municipalityby resolution;"public place" means any square, park, recreation ground or open space which:(a)is vested in the Municipality;(b)the public has the right to use; or(c)is shown on a general plan of a township filed in a Deeds Registry or a Surveyor-General’s Office and has been provided for or reserved for the use of the public or erven in such ownership."public road" means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has the right of access and includes:(a)the verge of any such road, street or thoroughfare;(b)any bridge, ferry or drift traversed by any such road, street or thoroughfare; and(c)any other work or object forming part of, connected with, or belonging to such road, street or thoroughfare."SANS Codes" means South African National Standards (SANS) Codes of Practice and Specifications issued in terms of the Standards Act, 1993 (Act 29 of 1993) and includes any reference to SABS Codes;"service" means a firebrigade service as defined in the Fire Brigade Services Act, 1987 (99 of 1987);"site" means any erf, lot, plot, stand or other piece of land on which a buildinghas been, is being or is to be erected;"spray permit" means a permit contemplated in section 52;"spray room" means a room contemplated in section 52;"Standards Act" means the Standards Act, 1993 (Act 29 of 1993);"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 promulgated in terms of the Occupational Health and Safety Act, 1993 (Act 85 of 1993);"summary abatement" means to immediately judge a condition to be a fire hazardor other threatening danger to life or property and to order immediate correction of such condition;"tank" for purposes of chapter 9 of this By-law, means a container mounted permanently or temporarily on or embodied in a vehicleand so constructed to be suitable for the containment of flammable liquidor gas cargo;"this by-law" includes the schedules attached to this by-law;"underground tank" means a tankused or intended to be used for the storage of flammable liquidwholly sunk into and below the surface of the ground;"vegetation" included grass, weeds, leaves, shrubs and trees."vehicle" means a vehicle as defined in the National Road Traffic Act, 1996 (93 of 1996) and includes the following:(a)"road tank vehicle" means a tank truck, tank traileror truck-tractorand tank-semi-trailercombination;(b)"tank-semi-trailer" means a vehiclewith a tankmounted on it or built as an integral part of it and so constructed that the semi-trailer is drawn by a truck-tractoror another trailer through a fifth wheel connection part of the load rest on the towing vehicle;(c)"tank trailer" means a vehiclewith a tankmounted on it or built as an integral part of it and so constructed that when the tank trailer is drawn by a tank truck, practically all of its load rests on its own wheels;(d)"tank truck" means a single, self-propelled vehiclewith a tankmounted on it;(e)"truck-tractor" means a self-propelled vehicleused to pull a tank-semi-trailer; and(f)any other vehicle, which in the opinion of the controlling authority, is a vehicle contemplated in chapter 9 of this by-law."veldfire" means a veld, forest or mountain fire.
|Danger group based on flammability|
|Danger group||Closed Cup Flash Point||Initial Boiling Point|
|IV||>60, 5 100||>35|
2. Purpose, scope and application of this by-law
3. Administration and enforcement
5. Enforcement provisions
6. 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.
7. Failure to comply with provisions
8. Interference with the service
9. Furnishing of false information
10. 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:
11. Records requiredThe safekeeping of all relevant records and documents is the responsibility of the controlling authority.
13. IndemnityThe Municipality, controlling authority or a member of the service is not liable for damage or loss as a result of bodily injury, loss of life, loss of or damage to property or financial loss, which is caused by or arises out of or in connection with anything done or performed in good faith in the exercise or performance of a power, function or duty conferred or imposed in terms of this by-law.
14. Reporting a fire hazard and other threatening dangerAn owner or the person in charge of 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
15. GeneralThe controlling authority in terms of section 5 (2) or section 6 of this by-law must abate a contravention of the National Building Regulations relating to fire and safety of buildings.
16. Access for emergency vehicles
17. 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.
18. Fire doors and assemblies
19. Escape routes
Fire safety equipment
21. Fire extinguishers
22. Testing and maintenance of fire protection systems
23. Interference with and access to fire protection systems and fire extinguishersA person is not permitted to render less effective, 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.
24. Fire alarms and fire hydrants
Veldfire prevention through firebreaks
25. Duty to prepare and maintain firebreaks
26. Requirements for firebreaksAn owner or occupier who is obliged to prepare and maintain a firebreak must ensure that, with due regard to the weather, climate, terrain and vegetation of the area-
27. Additional requirementsThe National Veld and Forest Fire Act, Act 101 of 1998, Chapter 4, places a duty on owners or occupiers to prepare and maintain firebreaks. The requirement of Chapter 4 must be complied with as applicable, in addition to the requirements of this by-law.
28. Prevention and control of overcrowding
29. Attendance of a service
30. Formulation of an emergency evacuation plan
31. Displaying of escape route plans
32. 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 unauthorized person.
33. Safety requirements for informal settlement areasIn the event of the establishment of any informal settlement, inclusive of any temporary settlement area, the following minimum requirements shall apply:
Declaration of fire control zones
34. Declaration of fire control zones
35. Combustible waste and refuse
36. 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.
37. Combustible or flammable substances and sweeping compounds
38. Discard of flammable liquid or substance in sewers or drains
39. 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.
40. Sources of ignition
42. Electrical fittings, equipment and appliances
43. 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.
44. Combustible material
45. Lighting of fires and burning of combustible material
47. Dealing in fireworks
48. Seizure of fireworksA member of the Fire Service or a Law Enforcement Officer of the Municipality may take into his possession any fireworks found by him in contravention of this by-law and such fireworks must be dealt with in terms of the relevant provisions of the Criminal Procedure Act relating to seizure and disposal.
49. Designated areasThe Municipality may, by annually publishing notices in at least 3 newspapers circulating in its area of jurisdiction, designate places as places where legally permitted fireworks as defined in the Explosives Act, Act 15 of 2003, and the regulations framed thereunder, may be discharged.
50. 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.
51. Storage and use of flammable substances
52. Application for a flammable substances certificate
53. Permanent or temporary above ground storage tank for a flammable liquid
54. 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 SANS 10400, SANS 089: Part 3 and SANS 0131: Part 3.
55. 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 with SANS 089: Part 1.
56. 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 SANS 10087: Part 1.
57. Handling, storage, distribution and maintenance of liquid petroleum gas in domestic, commercial, and industrial installationsLiquefied petroleum gas installations involving storage gas containers of individual water capacity not exceeding 500 litres and a combined water capacity not exceeding 3000 litres per installation must be installed and handled in accordance with SANS 10087: Part 1.
58. Liquid petroleum gas installation in mobile units and small non-permanent buildingsA liquid petroleum gas installation in mobile units and small non-permanent buildings shall be in accordance with SANS 087: Part 2.
59. Liquefied petroleum gas installations exceeding 500 LLiquefied petroleum gas installations involving storage vessels of individual water capacity exceeding 500 litres must be installed and handled in accordance with SANS 10087: Part 3.
60. Transportation of liquefied petroleum gas by roadThe transportation of liquefied petroleum gas by road must be in accordance with SANS 10087: Part 4.
61. Liquefied petroleum gas application as engine fuelThe application of liquefied petroleum and compressed natural gases as engine fuels for internal combustion engines must be in accordance with SANS 10087: Part 6.
62. The fuelling of forklift trucks and other LP gas operated vehiclesThe fuelling of forklift trucks and other LP gas operated vehicles shall be in accordance with SANS 087: Part 8.
63. The storage and filling of refillable liquid petroleum gas containers
64. 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 SANS 10087: Part 3.
65. Termination of the storage and use of flammable substances
66. 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.
67. Flammable stores
68. Container handling and storage
69. 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 and also comply with the requirements of Schedule 1(F).
70. Liquid petroleum gas containers
Transportation of dangerous goods
71. Dangerous goods certificate
72. Handling of animals during emergencies
73. Exemption from provisions of this by-law
74. State boundThis by-law binds any organ of state and any person in the service of any organ of state as defined in section 239 of the Constitution, 1996.
75. Offences and penalties
76. Repeal of laws and savings
77. Short title and commencementThis by-law is called the Knysna Municipality: Community Fire Safety By-law and comes into operation on the date of publication in the Provincial Gazette.
History of this document
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
- National Environmental Management: Air Quality Act, 2004
- National Forests Act, 1998
- National Road Traffic Act, 1996
- National Water Act, 1998
- Occupational Health and Safety Act, 1993