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Fire Safety By-law, 2004
- Published in Western Cape Provincial Gazette no. 6181 on 22 October 2004
- Commenced on 22 October 2004
- [This is the version of this document from 22 October 2004 and includes any amendments published up to 23 September 2022.]
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans 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—(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 (c);(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;"chief fire officer" means the person in charge of a service, or the acting chief officer, as contemplated in the Fire Brigade Services Act;"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;"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 manager or their respective delegates as contemplated in sections 2 and 3 of this by-law;"dangerous goods" means a flammable gas, liquid or solid as contemplated in SABS 0228;"division separating element" means a building element or component which separates one area in a building from another and has a fire resistance of not less than that required by the National Building Regulations (T1) read with the SABS 0400;"emergency evacuation plan" means a plan specifically designed to aid in the evacuation of occupants from a building in the event of a fire or 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 route that provides fire protection to the occupants of any building and which leads to an escape door;"emergency vehicle" means any fire, rescue or other vehicle intended 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 recreation;"escape door" means the door in an escape route, which at ground level leads directly to a street or public place or 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 building to the nearest escape door and 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 fire or other threatening danger;"Fire Brigade Services Act" means the Fire Brigade Services Act, 1987 (Act 99 of 1987);"fire damper" means an automatic damper and its assembly that complies with the requirements contained in SABS 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 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 lanes" means the road, path or other passageway constructed or designated to allow access for emergency vehicles;"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 fire extinguishers;"fire wall" means a wall that is able to withstand the effects of fire for a specific period of time as contemplated in the National Building Regulations (T1) read with SABS 0400;"flammable gas" as contemplated in SABS 0228, 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 danger groups as determined in SABS 0228: See Schedule 1;"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);"municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof 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 Manager"means a person appointed in terms of section 82 of the Municipal Structures Act or his nominee;"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—(a)National Building Regulations (A2) means the provisions regulating the submission of building plans 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 population of a building;(d)National Building Regulations (T1) means the provisions regulating general requirements for fire protection 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 SABS 0177: Part 5;"occupancy" means the particular use or type of use to which a building or portion thereof, is normally put or intended to be put as provided for in the National Building Regulations (A20);"occupancy separating element" means a building element or component which separates one occupancy in a building from another and has a fire resistance of not less than that required by the National Building Regulations (T1) read with the SABS 0400;"Occupational Health and Safety Act" means the Occupational Health and Safety Act, 1993 (Act 85 of 1993);"operator" means the person responsible for the use of a motor vehicle and who has been registered as the operator of such a vehicle in terms of the National Road Traffic Act;"owner" means—(a)in relation to premises, other than a building, either a natural or 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 building was 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 authority being 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, building or installation or who enjoys such benefit;"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 controlling authority being unable to determine the identity of a person mentioned in (a), (b) and (c), any person who is in the opinion of the controlling authority deemed to be in charge of such premises, building or installation;"population" means the population determined in accordance with the National Building Regulations (A21);"premises" means any building, beach, land, terrain, road, vehicle and can include a vessel, train or aircraft;"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 the owners of erven in such township;"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 a 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 or connected with or belonging to such road, street or thoroughfare;"SABS Codes" means South African Bureau of Standards SABS Codes of Practice and Specifications issued in terms of the Standards Act;"service"means a fire brigade service as defined in the Fire Brigade Services Act;"site" means any erf, lot, plot, stand or other piece of land on which a building has been, is being or is to be erected;"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;"summary abatement" 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;"tank" for purposes of chapter 9 of this by-law, means a container mounted permanently or temporarily on or embodied in a vehicle and so constructed to be suitable for the containment of flammable liquid or gas cargo;"this By-law" includes the Schedules published in terms of this by-law;"underground tank" means a tank used or intended to be used for the storage of flammable liquid wholly sunk into and below the surface of the ground;"vehicle" means a vehicle as defined in the National Road Traffic Act and includes the following—(a)"road tank vehicle" means a tank truck, tank trailer, or truck-tractor and tank-semi-trailer combination;(b)"tank-semi-trailer" means a vehicle with a tank mounted on it or built as an integral part of it, and so constructed that, the semi-trailer is drawn by a truck-tractor or another trailer, through a fifth wheel connection part of the load rest on the towing vehicle;(c)"tank trailer" means a vehicle with a tank mounted 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 vehicle with a tank mounted on it;(e)"truck-tractor" means a self-propelled vehicle used 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.
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.
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 area of jurisdiction of the municipality 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 pipe work 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. 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 S.A.B.S. 087: Part 2.
44. 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 S.A.B.S. 087: Part 8.
45. The storage and filling of refillable liquid petroleum gas containersStorage and filling sites used for refillable liquid petroleum gas containers of capacity not exceeding 9 kg must be in accordance with S.A.B.S. 087: Part 7.
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
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
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.