Ekhuruleni by Laws
Ekhuruleni by Laws
Ekhuruleni by Laws
EMERGENCY SERVICES BYLAWS
[COUNCIL RESOLUTION: A – PS (112005) dated 24 November 2005]
[Date of Commencement: 22 February 2006]
Bylaw
To provide for the provision and regulation of Emergency Services within the municipal area of the
municipality and to provide for matters incidental thereto.
BE IT ENACTED by the Council of the Ekurhuleni Metropolitan Municipality, as follows:
EMM Emergency Services Bylaws 1
CONTENTS
PART 1
1. Definitions
PART II
ADMINISTRATIVE PROVISIONS
2. Organisation of the Service
3. Driving Service vehicles
4. Procedure and duties during an emergency situation
5. Pretending to be a member
6. Powers of members and designated officers
7. Making Service equipment and manpower available
PART III
FIRE PROTECTION AND FIREFIGHTING
8. Combustible materials and refuse
9. Making fires
10. Firebreaks
11. Inspection of properties and instructions to occupiers
12. Accessibility of firefighting equipment
13. Fire protection requirements for premises
14. Access for firefighting and rescue purposes
15. Upkeep and maintenance of firefighting equipment
16. Extractor fan systems
17. Rational designs
18. Dumping sites
19. Emergency evacuation plans
20. Certificates of fitness for all public buildings
21. Water supply for fire fighting
22. Registration applications for existing premises
PART IV
DANGEROUS GOODS
23. Application for approval of plans
24. Issuing of certificates of registration
25. Supply of dangerous goods
26. Exemptions
27. Renewal of spraying permits and/or certificates of registration
28. Temporary storage of dangerous goods
29. Delivery of dangerous goods
30. Prohibition of certain actions
31. "No smoking" signs
32. Firefighting equipment
33. Reporting of fires, accidents and dumping
34. Sampling
35. Storage tanks and devices that have become obsolete
36. Access to storage tanks for repairs and maintenance
37. Installation, erection, removal and demolition
38. Group I dangerous goods
39. Group II dangerous goods
40. Group III dangerous goods
41. Installation of storage tank
PART V
CONSTRUCTION OF VEHICLES, AS WELL AS
TRANSPORTATION AND TRANSPORT PERMITS
42 Service transport permit
PART VI
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STOREROOMS FOR DANGEROUS GOODS
43 Requirements for storerooms
44 Keeping and handling dangerous goods in a storeroom
PART VII
SPRAYPAINTING MATTERS AND SPRAYING PERMITS
45 Registration of spraypainting rooms
46 Construction and design of spraypainting rooms
PART VIII
ANIMALS
47 Handling animals during emergencies
PART IX
PENALTIES
48 Penalties for contraventions
PART X
GENERAL
49 Operation of these bylaws in relation to other laws
50 Repeal of bylaws
51 Short title
PART XI
ANNEXURES
Annexure I Tariffs
Annexure II Official documents
Annexure III Emergency evacuation plans
Annexure IV Material Safety Data Sheet Box and Emergency Evacuation Plan Box
Annexure V Normative reference list
EMM Emergency Services Bylaws 3
PART I
DEFINITIONS
1. In these bylaws, unless the context indicates otherwise
"access door" means any door that provides access to an emergency route;
"activity" means any work that needs to be performed to test, to service, to renew and/or to replace
an extinguisher, hose reel, fire installation and/or service installation;
"animal" means any animal that is kept for domestic or agricultural purposes within the area of the
Council;
"area" means any residential area or any other area within the boundaries of the Municipality;
"building" includes
(a) any structure, whether temporary or permanent, irrespective of the materials used in its
erection, erected or used for or in connection with
(i) the accommodation or convenience of human beings and animals;
(ii) the manufacture, processing, storage, display or sale of any goods;
(iii) the provision of any service;
(iv) the destruction or treatment of refuse or other waste materials; and
(v) the cultivation of any plant or crop;
(b) any wall, swimmingbath, swimmingpool, reservoir or bridge, or any other structure
connected with it;
(c) any fuel pump or any tank used in connection with it;
(d) any part of a building, including a building as defined in paragraph (a), (b) or (c); and
(e) any facility or system, or part or portion of it, within or outside but incidental to a building, used
for the provision of a water supply, drainage, sewerage, stormwater discharge, electricity
supply or other similar service in respect of the building;
"Building Control Officer" means the person appointed or deemed to be appointed as a building
control officer by a local authority in terms of section 5 of the National Building Regulations and
Building Standards Act, 1977 (Act 103 of 1977);
"certificate of appointment" means an identification document issued by the Chief Fire Officer to a
member;
"certificate of fitness" means a certificate contemplated in section 20 of these bylaws, which
certificate has been issued by the Chief Fire Officer in terms of fire related requirements to authorises
a person to occupy designated premises (which are a public building) accordingly;
"certificate of registration" means a certificate issued by the Chief Fire Officer in terms of section 24
of these bylaws which authorises a person to occupy registered premises, or to use the premises for
spraypainting activities or for the storage or handling of dangerous goods, by having complied to all
fire related requirements.
"Chief Fire Officer" means the person appointed by the Council in terms of section 5(1) of the Fire
Brigade Services Act, No. 99 of 1987), and includes any member who exercises any power or
performs any duty delegated by the Chief Fire Officer to the member under section 19 of the Act, and
also includes an Acting Chief Fire Officer appointed in terms of section 5(3) of the Act, and "Manager:
Fire Services" has a corresponding meaning;
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"code of practice" means the code of practice as defined in section 1 of the Standards Act, 1993
(Act 29 of 1993);
"controlling authority" means the local authority in control of the Service as defined in the Fire
Brigade Services Act, 1987;
"control room" means a room on any premises which is specifically designed, built and equipped to
coordinate and control an emergency situation in or on the premises in question;
“Council “ means the duly constituted Ekurhuleni Metropolitan Municipality and Municipality has the
same meaning;
"dangerous good" means any substance, mixture of substances, product or material that has been
declared to be a Group I, II, III, IV, V, VI, VII, VIII or IX dangerous good in terms of section 2(1) of the
Hazardous Substances Act, 1973;
"designated premises" means any premises designated by the Chief Fire Officer with a view to an
emergency evacuation plan as contemplated in section 19 of these bylaws;
"device" means any vehicle, mechanical or electrical implement, electrical motor, machine,
instrument, apparatus or other implement of which the whole or any part is used or is capable of being
used for, in or in connection with the manufacture, treatment, provision, delivery, supply, packaging,
labelling, storage, conveyance, loading and unloading, handling, preparation, serving or administering
of any grouped dangerous good, and includes any delivery pump, filling device, spraypainting device
and mechanical hoist;
"discharge" means the ignition or activation of any fireworks whatsoever;
"distance to be covered" means the distance that a person would in normal circumstances have to
cover to exit a room, measured from the furthest point in the room;
"dump", in relation to a grouped dangerous good, means to deposit, discharge, spill or release that
substance (whether or not the substance in question is enclosed in a container), or to have it or permit
it to be deposited, discharged, spilled or released, or to deposit, discharge, spill or release it in such a
way or place, or under such circumstances or for such a period, or to have it or permit it to be so
deposited, discharged, spilled or released in a manner that reasonably indicates the intention to
abandon or discard the substance, and "dumping", "spilling" and "spill into" have a corresponding
meaning;
"emergency" means an incident or eventuality that poses or may pose a serious threat to any
person, environment or property, and "emergency situation" has a corresponding meaning;
"emergency evacuation plan" means a written procedure and a set of detailed plans as
contemplated in Annexure III to these bylaws;
"emergency route" means that part of an escape route which provides the occupiers of any building
with protection from fire and which leads to an escape door;
"escape door" means any door at the end of an emergency route, and includes any door leading
from the inside to the outside of 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;
"explosive(s)" means explosive as defined in the Explosives Act, No. 15 of 2003 and any
Regulations made under that Act(a)
"extinguishing stream" means the amount of water that the Service needs to extinguish a fire;
"facility" means any storage tank, whether above ground or below ground, or any transportable or
EMM Emergency Services Bylaws 5
refillable container that can be used for the keeping of dangerous goods, and includes the fuel tank of
a motor vehicle, aircraft, vessel, ship or boat;
"feeder route" means that part of an escape route, which allows travel in two different directions to
access doors of at least two emergency routes;
"fire area" means the area of jurisdiction of the Council in which provision is made for fire protection
as defined in SANS 10090;
"firefighting equipment" means any portable fire extinguisher, mobile fire extinguisher, hose reel or
fire hydrant;
"fire grading" means, with regard to materials, components and elements used in the construction
and finishing of buildings, those materials, components and elements which have been tested and
classified in accordance with SANS 10177, Parts II to V, as amended;
"fire incident" means a fire on any premises in the area;
"fire installation" means any water installation, which conveys water solely for fire fighting;
"fire risk category" means a fire area being divided into subareas, which fall into one of the
following firerisk categories:
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 decentralized 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 predetermined attendance over and above the
predominant risk category in an area. Includes large shopping/entertainment centres,
informal settlements, harbors, hospitals, prisons, large airport buildings, highrise buildings
and petrochemical plants.
NOTE: Highrise buildings, as defined in SANS 10400, are an integral part of central business districts
and would therefore be included in Category A. Buildings with major fire safety deficiencies may,
however, be classed as special risks.
"fireworks" means explosives under Class 7, Division 2, shop goods only, as contemplated in
Regulation 9.1 under the Explosives Act, 1956 (Act 26 of 1956);
"grouped dangerous goods" means a group of dangerous goods as contemplated in section 1 of
the Dangerous goods Act, 1973 (Act 15 of 1973);
“ hazardous substance” means any hazardous substance contemplated in the Hazardous
Substances Act, No. 15 of 1973, any regulations made under that Act.”
“Hazardous Substances Act” means the Hazardous Substances Act, No 15 of 1973”
“liquefied petroleum gas” means a mixture of light hydrocarbons (predominantly propane, propene,
butane, butene) 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”
"inspector" means a member appointed as an inspector in terms of section 2(5) of the Explosives
Act, 2003, to control fireworks in so far as the storage, use and sale of fireworks are concerned;
EMM Emergency Services Bylaws 6
"member" means a member of the Service as contemplated in section 6 and 6A(5) of the Fire
Brigade Services Act, 1987;
"National Building Regulations" means the National Building Regulations made in terms of section
17 of the Act and to be read in conjunction with the Building Standard Act 103 of 1977 as amended;
"normative reference list" means the list of SANS specifications or codes of practice, which are
contained in Annexure V to these bylaws;
"occupancy", in relation to any public building, means the assembly of people in or on any such
premises "occupier" means any person who occupies or has control over any premises, ;
"owner", in relation to land or premises, means the registered owner of the land or premises, and
includes any person who receives the rental or profit from the land or premises , whether for his/her
own account or as an agent and, in relation to a sectional title scheme in terms of the Sectional Titles
Act, 1986 (Act 95 of 1986), for the purposes of section 18 of the Fire Brigade Services Act, 1987, the
body corporate as contemplated in the Sectional Titles Act, 1986, and, in the case of a deceased or
insolvent estate, the executor or the curator respectively;
"power insulating switch" means a bipolar switch that can be activated with an Ltype key of which
one end is fitted with a bayonettype socket switch;
"premises" means land, a building or other construction or structure, or any part of it, and includes
(a) a train, boat, ship, aircraft or other vehicle, excluding, where applicable, the fuel tank of any
such vehicle; and
(b) any building or room in which explosives are stored, kept or handled
"public building" means any building where people gather to view theatrical and operatic
performances, orchestral and choral recitals, and cinematographic screenings, or to attend or
participate in indoor sports activities, including any place where people dance or practise or perform
any physical activity;
"public place" means any path, street, walkway, sidewalk, park, place of rest or other place in
which the public has authorised or unimpeded access;
“ pyrotechnist” means any appropriately qualified person responsible for fireworks at fireworks
display”
"rational design" as defined in SANS 10400;
“Red Book” means Guidelines for the provision of Engineering Services and Amenities
"registered premises" means any premises in respect of which a certificate of registration has been
issued,
"retail dealer" means a person or concern that, for the purposes of dealing in explosives, supplies
such explosives to any other person for use by that person and not for resale;
"room" means any room or other partitioning in a building;
"Service" means the Fire Brigade Service established by the Council as contemplated in section 1 of
the Fire Brigade Services Act, 1987;
“spray” means to spray, coat, plate or epoxycoat with any hazardous substance and spraying has a
similar meaning; "service installation" means any automatic extinguishing installation, fire pump
connector, fire pump, emergency power and/or standby generator, fire detection system, fire locating
system, fire alarm system, emergency lighting system, emergency evacuation communication system,
mechanical ventilation system, pressure regulating system, smoke ventilation system, hoists and
symbolic safety signs, and includes smoke and fire door assemblies;
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"spill into" (see the definition of "dump");
"spraying permit" means a permit issued by the Chief Fire Officer in terms of section 45(1)(a) of
these bylaws;
"spraying room" means any room, building or structure that is designed, built, equipped or erected
solely for spraying or coating vehicles, parts of vehicles, or any other objects with Group III dangerous
goods and/or combinations of Group III dangerous goods, or with any other substance, to form a
decorative and/or corrosion resistant layer, or for any purpose incidental thereto, and "spraying booth"
and "submersion tank", as well as any related process involving electrolysis, have a corresponding
meaning;
"storeroom" means a room, which is constructed, equipped and maintained as contemplated in
section 43 of these bylaws;
"storey" means that part of a building, which is situated between the top of any floor and the top of
the floor above it or, if there is no floor above it, that portion between such floor and the ceiling above
it (any mezzanine floor, open work floor, catwalk or gallery is regarded as part of the storey in which it
is situated): Provided that, in relation to a building
(a) the ground storey will be regarded as the storey in which there is an entrance to the building
from the level of the adjoining ground or, if there is more than one such storey, the lower or
lowest of these storeys;
(b) a basement will be regarded as any part of the building, which is below the level of the ground
storey;
(c) an upper storey will be regarded as any storey of the building which is above the level of the
ground storey; and
(d) the height, expressed in storeys, will be regarded as that number of storeys which includes all
storeys other than a basement;
"temporary structure" means any structure that is apparently temporary in nature;
"vehicle" includes a semitrailer or trailer which has at least four wheels with independent axles and
suspension systems and can be hitched to a trucktractor, or any other motor vehicle as contemplated
in the National Road Traffic Act, 1996 (Act 93 of 1996),;
"wholesale dealer" means a person or concern that, for the purposes of trade, supplies explosives to
any other dealer for resale.
PART II
ADMINISTRATIVE PROVISIONS
ORGANISATION OF THE SERVICE
(i) preventing the outbreak or spread of a fire;
(ii) fighting or extinguishing a fire;
(iii) the protection of life or property against a fire or other threatening danger;
(iv) the rescue of life or property from a fire or other threatening danger;
(v) the provision of an ambulance service;
(vi) the performance of any other function connected with any of the matters referred to in
subsection (1)(a) to (e).
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(3) (a) The Chief Fire Officer is in charge of the Service.
(b) Whenever the Chief Fire Officer is for any reason unable to perform his/her duties of
office, the Council will appoint a member as Acting Chief Fire Officer to perform the
duties and functions of the Chief Fire Officer.
(4) The Council may, in terms of an agreement as contemplated in section 12 of the Fire Brigade
Services Act, 1987, employ its Service within or outside its area of jurisdiction, or within or
outside the Province of Gauteng, against payment of the tariffs determined in Annexure I to
these bylaws, or against payment in terms of or on the conditions contained in the agreement
concerned.
DRIVING SERVICE VEHICLES
(2) A member who is duly authorised to do so, as contemplated in subsection (1), must drive a
Service vehicle in accordance with the National Road Traffic Act, 1996, and any regulations
made under the Act.
PROCEDURE AND DUTIES DURING AN EMERGENCY SITUATION
(a) adequate manpower and the appropriate apparatus and equipment are made
available and are used without delay;
(b) the emergency situation is assessed and that additional equipment and/or assistance
is sent for without delay, where applicable, as agreed upon in and subject to the
agreement as referred to in section 2(3) of these bylaws; and
(c) all pertinent information, including information about places and times and relevant
particulars, is recorded during the emergency situation or as soon as possible
thereafter, and that the recorded information is preserved in accordance with the
provisions of the National Archives of South Africa Act, 1996 (Act 43 of 1996), and
any regulations made under the Act.
(2) All persons and/or bodies, including any State department as contemplated in section 17 of
the Fire Brigade Services Act, 1987, the South African Police Service and the Department of
Justice, who wish to inspect any information referred to in subsection (1)(c) must send a
written application to the Chief Fire Officer, accompanied by the fees prescribed in Annexure I
to these bylaws, together with an appropriate substantiation as to why the information is
required.
(3) Any press release concerning emergency situations or any matter connected with an
emergency situation must be in accordance with the policy guidelines determined by the
Council.
PRETENDING TO BE A MEMBER
(2) No person may pretend to be a member of the Service;
(3) Any person who represents himself/herself as a member must identify himself/herself by
producing the relevant certificate of appointment and/or mark of appointment, or by furnishing
proof of identity within a reasonable period.
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POWERS OF MEMBERS AND DESIGNATED OFFICERS
6. (1) Every member, of the Service, has all the powers provided for in the Fire Brigade Services
Act, 1987.
(2) A designated officer as contemplated in 6(4)(a) may
(a) seize any certificate of fitness, certificate of registration or spraying permit provided
for in these bylaws if the conditions of or endorsements in the document are not
being complied with, or if the member has reasonable grounds to suspect that
unauthorised changes have been made to the document;
(b) institute the relevant prosecution in connection with subsection (2)(a) or have the
prosecution instituted, as the case may be; and
(c) seize anything (hereinafter called "object") on any premises connected with a
spraying permit, certificate of registration or certificate of fitness, but must provide
reasonable proof of a contravention of any condition of or endorsement in such permit
or certificate and must remove the object or have the object removed to a place of
safe custody: Provided that the seizure does not exempt any person from any other
relevant provisions of these bylaws: Provided further that the seizure is, subject to
section 20 of the Fire Brigade Services Act, 1987, made in accordance with the
following conditions:
(i) The Chief Fire Officer or the delegated member must grant prior approval in
writing for the seizure.
(iii) After an order issued in terms of the Fire Brigade Services Act, 1987, or
these bylaws has been complied with in full or after a prosecution in terms of
section 21 of the Fire Brigade Services Act, 1987, has been instituted and
finalised, as the case may be, any object seized must be returned to the
person from whose possession it was taken subject to any order of court.
(3) Any member may seal off any building or premises by temporarily closing a street, passage or
place which he/she deems necessary for public safety or for effectively fighting a fire or
dealing with any other emergency that may give rise to a fire, explosion or other threat to life
or limb, and the member may remove, using no more force than is reasonably necessary, any
person who refuses to leave the street, passage or place after having been requested by the
member to do so.
(i) suitably trained and certified as peace officers and be appointed as such in
terms of Government Notice R159 of 2 February 1979, as amended;
(b) All designated officers have the power
(i) in terms of the provisions of section 56, read with section 57, of the Criminal
Procedure Act, 1977 (Act 51 of 1977), to issue summons involving a spot
fine;
(ii) in terms of the provisions of section 341 of the Criminal Procedure Act, 1977,
to issue spot fines for certain minor offences;
(iii) in terms of the provisions of section 44 of the Criminal Procedure Act, 1977,
to issue a warrant of arrest;
EMM Emergency Services Bylaws 10
(iv) in terms of the provisions of section 41 of the Criminal Procedure Act, 1977,
to ask certain persons for their names and addresses and to arrest persons
without a warrant if duly authorised to do so; and
(v) in terms of the provisions of section 54 of the Criminal Procedure Act, 1977,
to serve summons in order to secure the attendance of the accused in a
magistrate's court.
MAKING SERVICE EQUIPMENT AND MANPOWER AVAILABLE
7. (1) With the approval of the Chief Fire Officer, the Service may, at the request of any body or
person and at the tariffs determined in Annexure I to these bylaws, use any equipment
and/or manpower at its disposal to provide any special service in connection with the aims of
the Service.
PART III
FIRE PROTECTION AND FIREFIGHTING
COMBUSTIBLE MATERIALS AND REFUSE
(2) No person may allow grass, weeds, reeds, shrubs, trees or any like vegetation to become
overgrown on premises to such an extent that it may pose a fire hazard or a probable fire
hazard to any adjacent premises and/or any other person's property.
MAKING FIRES
(a) a fire in an approved, purposemade stove, fireplace or hearth, which is an integral
part of a structure;
(c) a device for preparing food, which device is heated by means of electricity or liquid
petroleum gas and is positioned in such a way that the device poses no threat to life
or property on any premises.
(2) No person may, without the written authority of the Chief Fire Officer, burn any refuse, wood,
straw or other combustible materials within the area, or have them burnt or permit them to be
burnt within the area, unless the refuse, wood, straw or other combustible materials are burnt
inside an approved purposemade incinerator or incinerating device, subject to the provisions
of subsection (1).
FIREBREAKS
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(2) The owner or occupier of
(a) an erf, site, stand or premises situated within a proclaimed township in the area must
remove the fire hazard or ensure that the fire hazard is removed by
(i) cutting to a maximum height of 150 mm above ground level any grass, reeds
and/or weeds that may reasonably be connected with the fire hazard;
(ii) cutting around any shrubs and/or trees, which may be standing in the area
being cut;
(iii) pruning, chopping down or sawing off such shrubs and/or trees, as the case
may be; and
(iv) removing all chopped and/or sawn off residue from the erf or premises or
ensuring that the residue is removed; and
(b) an agricultural holding or farm situated in the area must reduce the potential fire
hazard by physically clearing a safety fire belt, at least 5 m wide (measured parallel
from each boundary line which borders the premises to the inside of the premises) so
that no vegetation or residue whatsoever remains on this belt, and the owner or
occupier must at all times maintain the belt or ensure that the belt is maintained in
such condition: Provided that where obstructions occur within the 5 m belt, a 5 m belt
is also maintained around those obstructions.
(3) Notwithstanding the above, the provisions of the National Veld and Forest Fire Act, No. 101 of
1998 apply mutatis mutandis to the application of this section.
INSPECTION OF PROPERTIES AND INSTRUCTIONS TO OCCUPIERS
11. (1) Any officer contemplated in section 6(4) of these bylaws may, in executing all powers
delegated in terms of relevant and applicable legislation, enter any premises at any
reasonable time to conduct inspections to determine whether there is any fire, dangerous
goods or other hazard on the premises.
(2) An officer contemplated in subsection (1) may, arising from a condition referred to in
subsection (1), serve on the occupier of the premises or any other premises a written
instruction and fire protection directives and requirements necessary to rectify the condition
on or in the premises in order to reduce the fire risk and/or to protect life and property, which
instruction must determine a deadline for compliance with the directives and requirements.
(3) (a) Whenever a condition exists or is found in or on any premises, whether or not
structural in nature, or anything else exists that may increase the fire risk or pose a
threat to life or property, and which cannot be rectified immediately, or if costs need to
be incurred to rectify it, the owner of the premises must, after receiving the
rectification directives referred to in subsection (2), inform the Chief Fire Officer
forthwith in writing about the measures which the owner intends taking to rectify the
condition and must submit a programme with a deadline to the Service for approval.
(b) The Chief Fire Officer may approve the proposed measures and deadline with or
without amendments and may give instructions for compliance with the measures.
ACCESSIBILITY OF FIREFIGHTING EQUIPMENT MITIGATING AGENTS
12. (1) Firefighting equipment, mitigating agents and the appropriate service installations must be
installed so as to be readily accessible at all times.
(2) Any person who, in whatever way, causes or permits firefighting equipment, mitigating
agents and the appropriate service installations not to be readily accessible is guilty of an
EMM Emergency Services Bylaws 12
offence.
FIRE PROTECTION REQUIREMENTS FOR PREMISES
13. (1) In addition to any other provisions contained in these bylaws, the Building Regulations,
published under Government Notice R2484 of 26 October 1990, as amended, which are
contained in Code of Practice SANS 10400 and called "The Application of the National
Building Regulations", and any additional building regulations published for application in the
area, are, for the purposes of the enforcement of these bylaws in relation to fire protection
requirements, applicable mutatis mutandis to premises in the area.
(2) If any superfluous water unavoidably spills into or is collected in a basement for whatever
reason during fire extinguishing activities, adequate means must be provided to convey the
water so spilled or collected to a stormwater drain.
(3) No high and/or lowvoltage transformer room(s) in any building may be situated on any level
other than the ground level: Provided that
(a) the access to the transformer room(s) is situated on the outside of the building; and
(b) provision is made for adequate access to the transformer room(s) for firefighting
activities and/or maintenance.
(4) Whenever an approved sprinkler system is required in accordance with the provisions of
SANS 10400; SANS 10087, Part III; and SANS 10089, Part I, the sprinkler system must be
planned, designed and installed in accordance with the guidelines of SANS 10287 for
automatic sprinkler installations and in consultation with the Chief Fire Officer.
(5) Any person who fails to comply with any of the provisions of subsections (2), (3) and (4) or
any provisions contained in Part A, Part K, Part M, Part O, Part T, Part V and Part W of SANS
10400, as amended, where the provisions relate to fire protection matters, is guilty of an
offence.
ACCESS FOR FIREFIGHTING AND RESCUE PURPOSES
(a) the requirements of the Red Book shall apply;
(b) if a building does not front onto a street, an access road is provided, the dimensions
and carrying capacity of which must be suitable for the fire engines used by the
Service with specific reference to the length, width and tonnage of the fire engines:
Provided that the dimensions must be equal to the largest fire engine that is likely to
be used on the premises in question; and
(c) whenever any entrance arch spans a driveway to a group housing, cluster housing or
townhouse complex or is constructed over an access to a shopping centre or office
complex, the dimensions of the opening of the arch must be at least 3,5m wide and
4,2m high and there must be nothing causing an obstruction of the opening: Provided
that if the dimensions of the entrance arch are less, another access or service gate to
the premises must be provided, which access or gate is capable of being opened to
3,5 m.
(2) (a) The appropriate street number of every builtup premises within the area must be
displayed clearly on the street boundary of the premises in question. This number
must be 75mm high and must be visible from the street.
(b) The owner or occupier of any premises must maintain the street number to ensure
that it is legible at all times.
EMM Emergency Services Bylaws 13
UPKEEP AND MAINTENANCE OF FIREFIGHTING EQUIPMENT AND MITIGATING AGENTS
(a) all firefighting equipment, mitigating agents or other appropriate service installations
that have been provided or installed on or in connection with the premises are
maintained in a good working condition by a competent person and/or firm approved
by the SABS as contemplated in SANS 1475 and registered in terms of SANS 1475;
(b) portable and mobile fire extinguishers and hose reels are serviced and maintained in
accordance with the provisions of SANS 10105 and SANS 1475;
(c) fire installations and any other relevant service installations are inspected and
serviced in accordance with the specifications of the manufacturers of the
installations; and
(d) installations are inspected by a registered person at least every twelvecalendar
months.
(2) Any person who checks, services, renews, replaces or works on any fixed service installation
must
(a) on completing the work, certify that the service installation is fully functional; and
(b) notify the Chief Fire Officer immediately in writing if he/she finds that the service
installation cannot, for whatever reason, be readily repaired to its functional state.
(3) The owner of any premises must keep a comprehensive service record of all firefighting
equipment and any other appropriate service installation on his/her premises and submit the
record to the Chief Fire Officer upon request by the designated officer.
EXTRACTOR FAN SYSTEMS
16. (1) Extractor fan systems and related ducts or similar chimney systems must be designed and
installed in such a manner as to grant adequate access (that is clearly marked) for trouble
free inspection and maintenance of and repairs to the relevant mechanisms.
(2) Every filter, damper, screen or conduit that forms an integral part of a system referred to in
subsection (1) must be regularly cleaned, maintained and checked to ensure that fatty
residues or any other combustible residues do not accumulate.
(3) The conduit and outlet of any system referred to in subsection (1) must be installed so as not
to pose a fire hazard or probable fire hazard to any premises or property.
RATIONAL DESIGNS
(a) hangars;
(b) helipads;
(c) grain silos;
(d) atriums;
(e) air traffic control towers;
(f) any other structure or building identified at the discretion of the Chief Fire Officer, in
EMM Emergency Services Bylaws 14
the area must comply with an acceptable rational design, submitted to and approved
by the Chief Fire Officer, which meets all the applicable requirements of Regulation
T1(1) of the National Building Regulations.
(2) Subject to the provisions of subsection (1), provision must also be made, in the case of
hangars or helipads, for
(a) the drainage of any liquid from the floor of the hangar or helipad and/or approach to
the hangar;
(b) the channelling of any liquid to a drainage area, which is effectively connected to a
separator well;
(c) the prevention of any liquid from spreading from the floor of the hangar or helipad to
any rooms, adjacent buildings or to the outside of the hangar; and
(d) earthing devices for discharging static electricity.
DUMPING SITES
(2) Any person who fails to comply with the provisions of this section is guilty of an offence.
EMERGENCY EVACUATION PLANS
(a) within 30 days after the premises have been designated by the Chief Fire Officer,
prepare a comprehensive emergency evacuation plan for the premises, in triplicate,
and must have it ready for inspection and approval by the Chief Fire Officer, which
plan must be in accordance with the guidelines prescribed in Annexure III to these by
laws;
(b) constitute an internal emergency committee from among the internal staff and
occupiers to assist with the planning and organisation of a fire protection programme,
which programme includes regular, scheduled fire evacuation drills on the premises;
(c) ensure that
(i) the emergency evacuation plan is revised and updated whenever the floor
layout changes or whenever the Chief Fire Officer requires revision or
updating, but in any case at least every twelve months;
(ii) updated records of revised emergency evacuation plans, fire protection
programmes, evacuation drills and related documents are kept and
maintained at all times; and
(iii) the emergency evacuation plan and relevant documents are at all times
available in a control room for inspection by the Chief Fire Officer; and
(d) identify a predetermined place of safety outside, but in the vicinity of, the designated
premises, where occupiers may gather during an emergency situation for the purpose
of compiling a list of survivors.
(e) An EEP (Emergency Evacuation Plan) box, as described in Annexure IV shall be
EMM Emergency Services Bylaws 15
installed in a prominent position at the main entrance of the premises.
(2) The Chief Fire Officer may from time to time
(a) provide directives for updating and/or amending an emergency evacuation plan;
(b) instruct the owner or occupier of designated premises in writing to implement such
fire protection programmes that, in the opinion of the Chief Fire Officer, are necessary
to ensure the safety of the occupiers of the designated premises; and
(c) require the owner or occupier of designated premises to furnish the Chief Fire Officer
with a certified copy of any emergency evacuation plan and/or relevant documents on
such day and at such time and place as the Chief Fire Officer may determine.
(3) The Chief Fire Officer may by written notice designate any premises as premises requiring an
emergency evacuation plan.
(4) Any person who fails to comply with the provisions of this section is guilty of an offence.
CERTIFICATES OF FITNESS FOR ALL PUBLIC BUILDINGS
(2) No certificate of fitness will be issued for a public building unless the relevant provisions of
these bylaws have been complied with.
(3) A certificate of fitness issued to the owner of a public building will be endorsed with the
following information, where applicable:
(a) The trade name and street address of each occupier
(b) The type of activity of each occupier
(c) The name of the persons on the executive
(d) The permissible number of people in proportion to the usable floor area
(e) The number of emergency exits and their widths
(f) A cancellation clause in the event of any applicable provision of these bylaws being
disregarded
(g) An obligation on the part of the holder of the certificate to
(i) display the certificate prominently on the premises at all times; and
(ii) maintain the certificate in a legible condition at all times
(h) A date, year and serial number
(i) The date of expiry of the certificate.
(4) Subject to the provisions of section 22 of these bylaws, a certificate of fitness is not required
for a public building, which has been legally erected on commencement of these bylaws.
(5) If the trade name of a public building changes, the holder of the certificate of fitness must
EMM Emergency Services Bylaws 16
ensure that the change is brought to the attention of the Chief Fire Officer immediately and in
writing.
(a) is in possession of a set of plans referred to in section 13 of these bylaws and
approved by the Chief Fire Officer; and
(b) has received the prescribed application form defined in Annexure II to these bylaws,
which form has been completed in full and correctly.
(7) The holder of a certificate of fitness must ensure that he/she is at all times in possession of a
valid certificate of fitness.
(8) (a) Any expansion or removal of or change in anything relating to or in connection with
premises for which a certificate of fitness has been issued will result ipso facto in the
cancellation of the certificate of fitness, including any other authorisation granted in
terms of these bylaws.
(b) The provisions of this subsection are not applicable to any action which results in the
temporary removal of something for the purpose of effecting repairs or replacements
in respect of the premises.
(b) The Chief Fire Officer may send a reminder in respect of the renewal.
(c) Where a building is utilized and accordingly classified as Atype occupancy, in terms
of the National Building Regulations, the Chief Fire Officer may issue such certificate
for a period not exceeding five years. All other erf, stands or premises shall be issued
with a certificate with validity not exceeding one calendar year.
(11) Any person who fails to comply with the provisions of this section or who alters or attempts to
alter a certificate of fitness, or knowingly allows the certificate to be altered, is guilty of an
offence.
WATER SUPPLY FOR FIREFIGHTING
EMM Emergency Services Bylaws 17
(2) The Chief Fire Officer must inspect fire hydrants at the intervals as provided for in SANS
10090, and conduct a flow and pressure test on the stream to determine whether it complies
with the said code of practise.
(3) No person may obtain a water connection to the water reticulation system of the Council
unless fire protection plans for the premises, as contemplated in Regulation A9 of the
National Building Regulations, have been approved by the Chief Fire Officer. –
(4) Every person or owner of premises who requires a water connection to the water reticulation
system of the Council must
(a) if the premises are protected by a sprinkler installation, ensure that
i. the connection is calculated and designed for each sprinkler installation in
accordance with a rational design as contemplated in the National Building
Regulations and Building Standards Act, and
ii. the size, delivery pressure and flow of the water connection is calculated in
advance by the responsible engineer;;
(b) if the Chief Fire Officer requires a larger water connection for the premises to ensure
that firefighting equipment functions in accordance with the appropriate design
requirements as set out in Part W of SANS 10400, the owner of the premises must
provide the larger water connection ; and
(c) ensure the size, work pressure and delivery flow of any water supply, excluding a
water supply as contemplated in subsection (5)(a), must be calculated and designed
according to the provisions of Part W of SANS 10400 and SANS 10252, Part 1.
REGISTRATION APPLICATIONS FOR EXISTING PREMISES
(2) No additions or alterations may be made to any existing registered premises unless and until –
(b) the Building Control Officer and the Chief Fire Officer have approved the plan.
PART IV
DANGEROUS GOODS
APPLICATION FOR APPROVAL OF PLANS
23. (1) Subject to the provisions of the National Building Regulations and Building Standards Act,
1977 and the provisions of the Major Hazard Installation Regulations, every owner of
premises on which there is a building in respect of which a floor layout change, addition,
alteration, upgrading and/or renovation is envisaged, or the owner of premises on which bulk,
aboveground and underground installations and any other structures are to be erected for
the use, storage or handling of dangerous goods or erected in connection with such use,
storage or handling, must submit plans in triplicate to the Council on the prescribed form
obtainable from the office of the Building Control Officer.
(2) The prescribed fees payable to the Chief Fire Officer for the approval of plans are determined
in Annexure I to these bylaws, in consultation with the Building Control Officer for the
approval of plans.
EMM Emergency Services Bylaws 18
(3) The Chief Fire Officer will not accept any plan (except for a plan regarded by the Building
Control Officer to be that of "minor building work") unless the official certification of
submission of the Building Control Officer appears on it.
(4) No construction work may be started on any premises unless the building contractor is in
possession of the relevant plans that have been officially certified as approved by the Fire
Safety Section of the Service, as the case may be. For the duration of construction work on
the premises the plans in question must be available for inspection by the Chief Fire Officer.
(5) The provisions of section 23 of the National Building Regulations and Building Standards Act,
1977, are applicable to the approval of plans as regulated in this section.
(6) An MSDS (Material Safety Data Sheet) box, as described in Annexure IV shall be installed in
a prominent place at the main entrance of the premises.
ISSUING OF CERTIFICATES OF REGISTRATION
24. (1) No person may on any premises use, handle or store quantities of dangerous goods in
excess of the quantities referred to below or permit them to be used, handled or stored,
unless and until the person is in possession of a certificate of registration as provided for in
Annexure II to these bylaws and issued in respect of the specific quantities and appropriate
devices on approved premises: Provided that if only one of the groupings referred to below is
present on the premises and the applicable maximum permissible quantity is not exceeded,
the provisions of this section are not applicable:
Group I: Explosives
Fireworks No exemption
Group II: Gases
Group III: Flammable liquids
Group IV: Flammable solids
EMM Emergency Services Bylaws 19
4.2 Pyrophoric substances No exemption
Group V: Oxidising agents and organic peroxides
Group VI: Toxic/infective substances
Group VIII: Corrosive/caustic substances
Group IX: Miscellaneous substances
(2) No person may, on any unregistered premises, store, use or handle any of the dangerous
goods referred to in subsection (1), or have them stored, used or handled, or permit them to
be stored, used or handled, unless the dangerous goods are stored, used or handled in such
place or in such manner as to ensure that
EMM Emergency Services Bylaws 20
(a) no dangerous good or fumes of the substance come into contact or are likely to come
into contact with any fire, flame, naked light or other source of ignition that may cause
the dangerous good or fumes to catch fire; and
(b) the escape of human beings or animals is not hindered or obstructed in the event of a
fire or an emergency situation.
(3) No person may, on any unregistered premises, use or handle dangerous goods, or have them
used or handled or permit them to be used or handled on the premises, except in a suitable
place out of doors to ensure that any fumes can escape freely, or in a properly and naturally
ventilated room to ensure that any fumes or gas does not collect in the room but is effectively
disposed of.
(4) Dangerous goods may be stored on unregistered premises only if the dangerous goods are,
when not in use, stored in strong, labelled containers that seal tightly.
(5) No certificate of registration will be issued in respect of premises for the use, handling or
storage of dangerous goods, unless all the applicable provisions of these bylaws have been
complied with and a written application for registration, on the prescribed form, as described
in Annexure II to these bylaws, has been submitted to the Chief Fire Officer, together with the
fees prescribed in Annexure I to these bylaws.
(6) When a certificate of registration is issued, the certificate must be endorsed with the following
conditions, namely that the certificate
(a) must at all times be displayed in a weatherproof container in a conspicuous place on
the premises designated by a member of the Service;
(b) must be maintained in a legible condition at all times;
(c) must reflect the groups and the quantities of dangerous goods for which the premises
has been registered;
(d) must reflect the number of aboveground and/or underground storage tanks or storage
facilities, and the capacity of each such storage tank or storage facility;
(e) must reflect the number of storerooms and the total capacity of each storeroom;
(f) must reflect the number of gas installations, the type of gas installation and the total
volume and/or delivery capacity of each installation;
(g) must specify the number of storage facilities for other dangerous goods and reflect
the volumes intended for each facility;
(h) must reflect a serial number;
(i) must indicate whether the issue of such certificate is permanent or temporary;
(j) must reflect the period of validity and the expiry date of the certificate: Provided that
the period of validity will be only twelve calendar months, calculated from the date of
issue, and written application for renewal of the certificate reaches the Chief Fire
Officer at least one calendar month prior to the expiry date;
(k) is not transferable from premises to premises;
(l) must, subject to section 22 of these bylaws, be transferable from owner to owner
and/or from control to control on the same premises: Provided that
(i) application for such transfer is made to the Chief Fire Officer on the
prescribed form; and
(ii) if the trade name of the premises changes, the holder of the spraying permit
EMM Emergency Services Bylaws 21
and/or certificate of registration must ensure that the change is immediately
brought to the attention of the Chief Fire Officer;
(m) will not be issued unless the Chief Fire Officer is in possession of a set of approved
plans as required by section 23 of these bylaws; and
(n) will not be issued or renewed unless the prescribed application form has been
completed in full and has been submitted.
(b) The Chief Fire Officer will approve an application only if the proposed amendments
comply with the provisions of these bylaws.
(c) If the application is approved, the applicant must submit his/her certificate of
registration to the Chief Fire Officer for amendment.
(8) The Chief Fire Officer may send a holder of a certificate of registration a reminder for renewal
of registration. A holder of a certificate who has not received a reminder is not indemnified
from possible prosecution.
(9) The holder of a certificate of registration must ensure that he/she is at all times in possession
of a valid certificate of registration.
(10) No person may alter or attempt to alter any certificate of registration.
SUPPLY OF DANGEROUS GOODS
25. (1) No person may
(a) supply more dangerous goods than the quantities referred to in section 24(1) of these
bylaws to any unregistered premises, or have them supplied or permit them to be
supplied;
(b) deliver or supply more dangerous goods than the quantity specified in the applicable
certificate of registration or dangerous goods of a group other than that specified in
such certificate of registration to any premises or person, or have them delivered or
supplied or permit them to be delivered or supplied.
(2) No person may handle any container containing a dangerous good in a manner that will or
may damage that container, or permit the container to be damaged.
EXEMPTIONS
(a) flammable liquids are not deemed to be stored, handled or transported whenever the
liquids are, for normal use, in the fuel tank of a motor vehicle;
(i) granite ballast with a nominal diameter of at least 40 mm; or
(ii) quartzite ballast with a nominal diameter of at least 50 mm: Provided further
EMM Emergency Services Bylaws 22
that the fuel tank must be capable of containing the maximum proposed
quantity of liquid, plus 10% of the volume of the tank.
RENEWAL OF SPRAYING PERMITS AND/OR
CERTIFICATES OF REGISTRATION
(2) The period of validity will be only twelve calendar months, calculated from the date of issue of
the original certificate.
TEMPORARY STORAGE OF DANGEROUS GOODS
(a) if the dangerous goods are required for, or in connection with, excavations,
construction work and road construction, the quantity must be limited to 14 000 ℓ;
(b) an application is submitted on the prescribed form, accompanied by the fees
prescribed in Annexure I to these bylaws, together with the plans required by section
23 of these bylaws; and
(c) the duration of the temporary storage is at the discretion of the Chief Fire Officer.
(2) Any person whose application for a temporary storage tank is approved must ensure that
(a) the storage tank is surrounded by a liquidproof retaining wall filled with
(i) granite ballast with a nominal diameter of at least 40 mm; or
(ii) quartzite ballast with a nominal diameter of at least 50 mm: Provided that the
storage tank must be capable of containing the maximum proposed quantity of
liquid, plus 10% of the volume of the tank;
(b) provision is made for the runoff of any possible rainwater from the retaining walls or
retaining embankments;
(d) no source of ignition or potential ignition is brought within 5 m of the storage tank;
(e) symbolic signs prohibiting smoking and open flames, at least 300 mm x 300 mm in
size, are affixed to all sides of the temporary installation; and
(f) a minimum of two 9kg dry chemical fire extinguishers are installed within 10 m of the
temporary installation.
(3) Any person who fails to comply with the provisions of this section is guilty of an offence.
DELIVERY OF DANGEROUS GOODS
(a) may not, while delivering, park any delivery vehicle on or across a pavement or on or
EMM Emergency Services Bylaws 23
across a public road;
(b) may not, while delivering, let any delivery hose lie on or across a pavement, public
road or other premises, or go through or over a building or have it lying there;
(c) must ensure that, while delivering, a 9kg dry chemical fire extinguisher is ready at all
times;
(d) must ensure that, during the transferral of dangerous goods, the delivery vehicle is
physically earthed with the storage facility to which the dangerous goods are being
transferred;
(e) must ensure that, while delivering, the delivery vehicle is in such a position that it can
be removed quickly and easily in the event of an emergency situation without
exacerbating the situation;
(f) must ensure that no dangerous good is transferred from a delivery vehicle to a facility
that is leaking or broken; and
(g) where delivery is done with a road tanker, as defined by the Road Traffic Act
provision shall be made as to ensure that the delivery vehicle does not require to
reverse out of any emergency situation.
(3) The person in charge of any delivery process of a dangerous good must take reasonable
precautionary measures to ensure that no dangerous good is spilled during delivery on any
surface when the substance is transferred from a delivery vehicle to a storage facility.
(4) No person may transfer any dangerous good to a motor vehicle, aircraft, vessel, ship
or boat while the power source thereof is in operation or permit the substance to be
transferred.
(5) No person may transfer a dangerous good to an aircraft unless and until the aircraft has been
earthed with the transferral device by means of an earth cable.
PROHIBITION OF CERTAIN ACTIONS
(a) do anything or allow anything to be done that may reasonably result in or cause a fire
or an explosion; and
(b) do anything or allow anything to be done that may obstruct the escape to safety of
any human being or animal during an emergency.
(2) No person may
(b) (a) dump or spill any dangerous good into any borehole, pit, sewer, drain system
or surface water or permit it to be done,
(c) discard or allow the discarding of dangerous goods in any manner other than by an
organisation that is fully equipped to do so in terms of these Bylaws.
(d) light, bring or use, any fire or anything else that produces or is capable of producing
an open flame or permit any other person to do so, within 5 m of any place where
dangerous goods are stored.
EMM Emergency Services Bylaws 24
(e) use or allow to be used any device in connection with dangerous goods in any
basement level in a building, excluding a gas welding device and/or gas cutting
device for the sole purpose of maintenance of that building, .
(f) while any other person, except the driver or any other person responsible for the bus
contemplated in the National Road Traffic Act, is in or on the bus
i. fill the fuel tank or permit it to be filled, or
ii. transport or allow the transport of any dangerous good in or on such bus, except
in its fuel tank, .
(f) deliver or supply or allow to be delivered or supplied, any dangerous goods to any premises
unless the owner or person in charge of the premises is in possession of a valid certificate of
registration
"NO SMOKING" SIGNS
31. The owner of a building, where flammable and/or explosive dangerous goods are used, stored and
handled, must, in the affected areas display symbolic signs
(a) prohibiting smoking and open flames, which conform with SANS 1186 and are of the
appropriate size as specified by the Chief Fire Officer and
(b) prominently in appropriate places where the sign can be clearly observed.
FIREFIGHTING EQUIPMENT AND MITIGATING AGENTS
(a) portable fire extinguishers, as specified in SANS 1567 (carbon dioxide type), SANS
810 (dry chemical type), SANS 1573 (foam type) and SANS 1571 (transportable
type), of a minimum capacity of 9 kg or 9 ℓ, as the case may be, in a ratio of one fire
2
extinguisher to every 100 m or part of it: Provided that the Chief Fire Officer may
specify the type of fire extinguisher to be provided and, if the Chief Fire Officer is of
the opinion that exceptional hazards or risks necessitate a larger number of fire
extinguishers, he/she may require that more fire extinguishers, in a consequential
smaller ratio than the ratio stated above, be installed;
(b) hose reels, as specified in SANS 543 (hose reels), connected to a water supply as
reflected in Part W of SANS 10400, enabling each hose reel to maintain a flow of 0,5
ℓ per second at a work pressure of 300 kPa;
(c) fire hydrants, with couplings as specified in SANS 1128, Part II (Fire fighting
equipment Couplings), in a ratio of at least one to every 1 000 m 2 or part of it; and
(d) approved sprinkler systems in accordance with SANS 10087, SANS 10089, SANS
10131.
(2) Firefighting equipment must be inspected and maintained by a registered person in
accordance with the provisions of SANS 10105 and SANS 1475 at least once every twelve
months to the satisfaction of the Chief Fire Officer.
(3) If firefighting equipment is not positioned prominently, the position of the equipment must be
indicated by symbolic safety signs in accordance with the specifications of SANS 1186 and to
the satisfaction of the Chief Fire Officer.
REPORTING OF FIRES, ACCIDENTS AND DUMPING
33. The occupier of any premises must immediately report any fire, accident or dumping involving
dangerous good on the premises that has caused damage to property, the ecology of the
environment or injury to human beings or animals to the Chief Fire Officer
EMM Emergency Services Bylaws 25
SAMPLING
(a) so taken must be taken in the presence of the owner or occupier or any other third
party;
(b) must be divided into two equal parts and be sealed in similar suitable containers with
the following information on the containers:
(i) The address and the location of the premises
(ii) The trade name of the premises or concern
(iii) The name and signature of the persons who are present, as contemplated in
subsection (1)(a)
(iv) The date on which and time at which the sample was taken
(v) A description of the exact location on the premises where the sample was
taken; and
(vi) must be taken immediately to an accredited institution as determined by the
Chief Fire Officer for an analysis and a report: Provided further that the results
of the analysis may, subject to the rules of the law of evidence, be used as
evidence in any potential legal steps that the Chief Fire Officer may consider
and/or deem necessary, as the case may be.
(2) Any cost incurred in the taking, transport or analysis of the sample taken from any premises
for the purposes of these Bylaws and a report on such analysis by an institution accredited
by the Chief Fire Officer, for that purpose may be recovered from the owner or occupier of the
premises if the owner or occupier of the premises is not in compliance with these Bylaws
regarding the substance concerned.
STORAGE TANKS AND DEVICES THAT HAVE BECOME OBSOLETE
35. The owner or user of any storage tank and/or related device that has become obsolete must, in
accordance with the provisions of section 37 of these bylaws, remove the tank, installation or device or
have the tank or device removed, or fill up the tank with matter approved by the Department of
Environmental Affairs and Tourism in order to render the tank safe.
ACCESS TO STORAGE TANKS FOR REPAIRS AND MAINTENANCE
36. No person may enter or permit any other person to enter any storage tank which contained Group III
dangerous goods,
(a) until such tank has been deaerated and made free of gas and fumes, as provided for in
SANS 10089, Part I, as amended., or
(b) unless that person
i. is wearing an effective selfsupporting breathing apparatus, and
ii. is attached to a rescue rope controlled by a competent and responsible person
INSTALLATION, ERECTION, REMOVAL AND DEMOLITION
37. (1) In addition to any other applicable legislation, any person who intends to erect, install,
remove, demolish, extend or change any delivery pump, storage tank, storeroom, spraying
EMM Emergency Services Bylaws 26
room, gas installation, storage facility, fire protection arrangement and floor layout in respect
of premises or anything connected with the premises, or has any of the above erected,
installed, removed, demolished, extended or changed, must notify the Chief Fire Officer of
his/her intentions at least three working days prior to the commencement date and estimated
completion date, and this notification must be made on the form described in Annexure II to
these bylaw
(2) Any failure to act as contemplated in subsection (1) will ipso facto cancel the certificate of
registration and/or spraying permit, as the case may be, in so far as such failure is connected
with the matter, as well as any other authorisation, including an exemption granted in terms of
these Bylaws: Provided that the provisions of this section are not applicable whenever
(a) anything is removed temporarily for carrying out repairs thereto or in connection
therewith;
(b) any aboveground or underground equipment and/or parts of the equipment are
replaced; and
(c) any aboveground or underground storage tanks are replaced with tanks of the same
capacity.
(b) After completion of the structure, building or installation, application must be made
again for a certificate of fitness, spraying permit and/or certificate of registration in
accordance with the provisions of PART IV, DANGEROUS GOODS, of these by
laws.
GROUP I DANGEROUS GOODS
38. All Group I dangerous goods (explosives) must be handled, used, stored and transported in
accordance with the provisions of SANS 10228, 10229, 10232 and 10263, the Explosives Act, 2003,
and the Hazardous Substances Act, 1973, and any regulations made under these Acts.
GROUP II DANGEROUS GOODS
Portable containers
39. (1) All portable metal containers and related devices for Group II dangerous goods must be
manufactured, marked, maintained, filled and stored in accordance with the provisions of
SANS 10019, SANS 10228, SANS 10229 and SANS 10238, as the case may be.
(2) All portable metal containers for liquid petroleum gas must be stored, filled and/or installed in
accordance with the provisions of SANS 10228, SANS 10229, SANS 10238, SANS 10019
and SANS 10087, Parts I to VIII, as the case may be.
(3) All portable containers for Group II liquefiable, flammable, toxic, corrosive and dissolved
gases as defined in SANS 10019 must at all times be transported, stored and/or installed in a
vertical position.
Bulk containers
(4) All bulk containers for Group II dangerous goods must be designed, manufactured,
maintained and installed in terms of the provisions of the Occupational Health and Safety Act,
1993 (Act 85 of 1993), and any regulations made under the Act; SANS 10087, Part III; and
the provisions of the National Building Regulations and Building Standards Act, 1977, and any
regulations made under the Act, as the case may be.
Manifold installations
EMM Emergency Services Bylaws 27
(5) (a) No Group II flammable, toxic, and corrosive gases may, for any reason whatsoever,
be used, stored, handled or installed indoors in any manifold installation or otherwise
on any premises.
(b) The provisions of this section are not applicable to the storage, use, handling or
installation of a portable liquefied petroleum gas container of a maximum water
capacity of 45 ℓ inside a detached private dwellinghouse (H4 occupancy
classification in terms of Regulation A 20 of the National Building Regulations), on
condition that the container is used solely for bona fide residential purposes: Provided
that liquid petroleum gas will only be permitted indoors on condition that the
prospective user is capable of furnishing the Chief Fire Officer with scientifically
based proof that there is sufficient natural ventilation from the room to the outdoors
to ensure that any gas concentration in the room that may be caused by a leakage or
potential leakage of the gas and/or by a negligent action in respect of the use of the
gas will be so neutralised as not to be within the recognised explosive limits for the
gas.
(c) Any person who furnishes proof, as contemplated in subsection (5)(b), must:
i. be an approved professional engineer or other registered competent person
ii. in terms of Regulation A19 of the National Building Regulations, be appointed
by the owner or occupier of the building in question,
iii. provide scientifically based detailed calculations and tests as the basis of such
proof.
(d) The design and construction of any liquefied petroleum gas manifolds shall comply
with the provisions of SANS 100871.
(b) In enforcing this subsection, the concept of "hydrogen gas" includes any gas
compound containing hydrogen gas, unless the nonflammable nature and/or non
explosiveness of the gas compound can be certified scientifically.
(c) The provisions of section 39(5)(b) of these bylaws are applicable mutatis mutandis to
this subsection.
(7) Whenever any person uses acetylene welding devices and/or cutting devices indoors, the
devices must be used strictly in accordance with the requirements of SANS 10238: Provided
that the Chief Fire Officer may prescribe fire protection requirements concerning the
installation, storage and use of the devices.
(8) The installation within the area of underground pipelines for any Group II dangerous good,
and branches or manifolds of pipelines, as the case may be, is mutatis mutandis subject to
the provisions of sections 22, 23, 24, 25, 27, 29 and 31 of these bylaws.
Underground pipelines
(9) Any underground pipeline for a Group II dangerous good must comply with the following
requirements except where the owner or the person in charge of the pipeline is exempted in
terms of Section 15 of the Gas Act, No. 48 of 2001 from obtaining a license from the Gas
Regulator:
(a) The owner of the pipeline must provide fire hydrants, of which the required delivery of
each individual fire hydrant must be at least 1 600 ℓ per minute at a work pressure of
300 kPa, and these fire hydrants must be parallel to the pipeline at every pump
station within the area. The owner must maintain the fire hydrants in a working
condition at all times.
EMM Emergency Services Bylaws 28
(b) The owner of the pipeline must provide sufficient cathodic protection if required for
the pipeline and maintain the cathodic protection in a working condition at all times.
(c) The pipeline must be marked with markers approved by the Chief Fire Officer and
must be maintained in a functional condition at all times by the owner of the pipeline.
(d) The installation and extension of the pipeline and/or branches to consumers'
premises, and the maintenance of the pipeline within the area, must in toto be done
according to a recognised standard approved by the Chief Fire Officer.
(e) No construction work above or below the ground may be done within 16 m of the
pipeline reserve, unless the construction company is in possession of written
authorisation to do so, which authorisation has been issued by the Council and the
owner of the pipeline.
GROUP III DANGEROUS GOODS
Tank manufacture
(2) Any person who installs, uses or attempts to install, or use any underground storage tank,
which does not comply with the requirements of SANS 1535, is guilty of an offence.
(3) Any underground pipeline for a Group III dangerous good must comply with the following
requirements except where the owner or the person in charge of the pipeline is exempted in
terms of Section 15 of the Gas Act, No. 48 of 2001 from obtaining a license from the Gas
Regulator:
(a) The owner of the pipeline must provide fire hydrants, of which the required delivery of
each individual fire hydrant must be at least 1 600 ℓ per minute at a work pressure of
300 kPa, and these fire hydrants must be parallel to the pipeline at every pump
station within the area. The owner must maintain the fire hydrants in a working
condition at all times.
(c) The pipeline must be marked with markers approved by the Chief Fire Officer and
must be maintained in a functional condition at all times by the owner of the pipeline.
(d) The installation and extension of the pipeline and/or branches to consumers'
premises, and the maintenance of the pipeline within the area, must in toto be done
according to a recognised standard approved by the Chief Fire Officer.
(e) No construction work above or below the ground may be done within 16 m of the
pipeline reserve, unless the construction company is in possession of written
authorisation to do so, which authorisation has been issued by the Council and the
owner of the pipeline.
INSTALLATION OF STORAGE TANKS
41. (1) Any storage tank for Group III dangerous goods must be installed in accordance with the
provisions of SANS 10400; SANS 10089, Parts I, II and III; SANS 10131, Parts I, II and III;
SANS 10108 and SANS 10086, as the case may be: Provided that
EMM Emergency Services Bylaws 29
(a) all storage tanks installed indoors must be installed in accordance with the provisions
of SANS 10131, Parts I, II and III, as the case may be;
(b) all pumps and filling devices installed indoors must be in purposebuilt, registered
premises;
(c) all installations, as contemplated in subsection (1)(a) and
(b) as the case may be, are subject mutatis mutandis to the provisions of section 23 and
section 24 of these bylaws, as the case may be; and
PART V
CONSTRUCTION OF VEHICLES, AS WELL AS TRANSPORTATION AND TRANSPORT PERMITS
SERVICE TRANSPORT PERMIT FOR FLAMMABLE SUBSTANCES
(a) each vehicle for which such a permit has been issued must comply with the
provisions of this section;
(b) the application form, provided for in Annexure II to these bylaws and obtainable from
the Chief Fire Officer, must be completed correctly and in full;
(c) the application form must be accompanied by the fees prescribed in Annexure I to
these bylaws; and
(d) the application must be submitted for processing to the registration office of the
Service at least five days (excluding Saturdays, Sundays and public holidays) prior to
the proposed test date.
(2) The transport permit must
(a) indicate the date of issue and the date of expiry;
(b) be valid for a period of twelve months from the date of issue;
(c) indicate the name, in block letters, of the issuing officer and bear the officer's
signature;
(d) indicate a yearlinked serial number;
(e) indicate the group and quantity of dangerous goods to be transported; and
(f) indicate the registration number of the vehicle in question;
(3) The Chief Fire Officer may send a reminder for renewal of the transport permit to the owner
of the vehicle(s). A transport permit holder who has not received a reminder is not indemnified
from possible prosecution.
(4) No person may alter or allow a transport permit to be altered.
PART VI
STOREROOMS FOR DANGEROUS GOODS
REQUIREMENTS FOR STOREROOMS
EMM Emergency Services Bylaws 30
Capacity
43. (1) The certificate of registration issued for any storeroom for dangerous goods as contemplated
in section 24 of these bylaws must indicate the group and the largest quantity of dangerous
goods which may be kept in the storeroom.
Danger notices in storeroom
(2) No person may use any storeroom or permit any storeroom to be used for Group III
dangerous goods, unless
(a) symbolic safety signs prohibiting open flames and smoking, at least 290 mm x 290
mm in extent, manufactured in accordance with the provisions of SANS 1186, are
affixed at the storeroom; and
Display of certificate of registration
(3) The certificate of registration for a storeroom, with the contents of the certificate clearly
visible, must be kept and maintained in a legible condition in a weatherproof container on the
outside of a door normally used as the entrance to the storeroom.
Construction of flammable liquid storerooms (excluding storerooms in
recognised bulk depots and bulk installations)
(4) The construction of any storeroom must be in accordance with the requirements of the
General Safety Regulations of the Occupational Health and Safety Act and the following
requirements:
(a) The storeroom floor must consist of concrete;
(b) the storeroom walls must consist of material that has a fire resistance of at least 120
minutes; and
(c) the storeroom roof must consist of reinforced concrete with a fire resistance of at least
120 minutes; or any other noncombustible material, if the storeroom is not situated
within 5 metres of any adjacent building or boundary of the premises; or adjoins a
higher wall with no opening within 10 metres above and 5 metres on either side of the
storeroom.
Doors
(5) Any storeroom must be equipped with Class Btype fire doors manufactured and installed in
accordance with SABS 1253: Provided that
(a) the said doors must open to the outside and have a lock or locks as are approved by
the Chief Fire Officer;
(b) whenever the distance to be covered from any storeroom is 4 m or more, the
storeroom must have at least two Class Btype fire doors, which doors must be
installed as far from each other as is practicable; and
(c) any door providing access to a storeroom must at all times be capable of being
opened easily from the inside without the use of a key.
Windows
(6) All window frames must be manufactured of steel and must
(a) be fitted with wire glass with a minimum thickness of 8 mm; and
(b) have window panels with a maximum size of 450 mm x 450 mm:
(c) Provided that no window must be capable of being opened.
Catch pit
EMM Emergency Services Bylaws 31
(7) Any storeroom must be designed and constructed so that the floor of the storeroom is
recessed below the level of the doorsill to form a catch pit: Provided that
(a) the catch pit formed by such recessed floor or sill must have a capacity capable of
accommodating the total quantity of dangerous goods able to be stored in the
storeroom, plus 10%, with a maximum height of 450mm;
(b) if required by the Chief Fire Officer the catch pit must be covered at door sill level with
a strong, stable, noncombustible and oxidationfree grill, which grill must serve as a
floor on which corrosionfree shelves and/or the contents of the storeroom must be
placed and an access hatch for cleaning purposes must be placed in a suitable
position on the grill floor; and
(c) the catch pit must, at its lowest level, have a noncorrosive drainage valve for
cleaning purposes and for product recovery.
Ventilation
(8) Any storeroom must be so designed and constructed to ensure that the collection of fumes of
flammable liquids is effectively ventilated, whether naturally or mechanically, in all parts of the
storeroom. The fumes must be released into the open air at a place or places where the
fumes are not likely to come into contact with any source of ignition, which may ignite such
fumes.
Natural ventilation
(9) The owner or person in charge of any storeroom must effectively ventilate the storeroom at a
minimum cycle of 30 total air changes per hour by installing noncombustible airbricks, at
least 140 mm x 215 mm in extent, with noncorrosive gauze wire of which the nominal
opening diameter must be at least 0,5 mm: Provided that the airbricks are
(a) provided in at least three external walls; and
(b) positioned 100 mm above the level of the sill and 100 mm below the roof and not
more than 450 mm apart.
Mechanical ventilation
(10) Whenever natural ventilation as contemplated in subsection (9) cannot be effected and the
depth of the sill level exceeds 300 mm, the owner or the person in charge of a storeroom
must equip the storeroom with a mechanical inlet and outlet ventilation system designed and
installed for this purpose: Provided that
(a) the capacity of the system must be able to change the cubic air content in the
storeroom at least 30 times an hour;
(b) the vanes of the system must be manufactured from a staticfree material;
(c) the fumes must be released into the open air and the outlets must not be within 5 m
of any opening of a building or erf boundary;
(d) all ventilators must be attached firmly to the inside of the walls;
(e) the bottom ventilators must be affixed as close as possible to the level of the sill; and
(f) all ventilation openings and/or air duct openings must be installed in the opposite
wall, 100 mm above the level of the sill to ensure crossventilation in conjunction with
the said mechanical ventilator.
Electrical equipment
(11) The owner or person in charge of a storeroom must ensure that
(a) all electrical apparatus, fittings and switchgear used or installed in any storeroom are
EMM Emergency Services Bylaws 32
protected and installed in accordance with the equipment of the appropriate
classification for the particular area in terms of the provisions of SANS 10108;
(b) all switchgear, distribution boxes, fuses and any other electrical equipment not in
compliance with the provisions contained in SANS 10108 must be situated outside
the storeroom and positioned so as not to come into contact or possibly come into
contact with fumes escaping from the storeroom;
(c) all metal parts and electrical fittings and any device in or in connection with a
storeroom are earthed effectively with each other and the ground;
(d) switches actuating any mechanical ventilation system are situated outside the
storeroom;
(e) any mechanical ventilation system is on at all times during occupation, except
whenever the system is switched off for repairs and/or replacement purposes:
Provided that if the mechanical ventilation system breaks down, the system must be
repaired without delay, and if the system breaks down irreparably, the system must
be replaced without delay; and
(f) whenever any storeroom is not staffed, all electrical apparatus and fittings, with the
exception of the mechanical ventilation system, are switched off.
Electrical installations installed by qualified electricians
(12) All electrical installations must be installed and certified by a suitably qualified electrician:
Provided that the certificate must be submitted to the Chief Fire Officer for record purposes
immediately after installation.
Storerooms constructed from other, noncombustible materials
(13) Notwithstanding the provisions of this section, a storeroom may be constructed from other,
noncombustible materials: Provided that
(a) the storeroom is not constructed within 3 m of any other building and/or the boundary
of premises;
(b) the storeroom is surrounded with liquidproof retaining walls or embankments that are
capable of accommodating the quantity of dangerous goods able to be stored in the
storeroom, plus 10%;
(c) the floor or space within these retaining walls or embankments is also liquidproof to
prevent ecological contamination; and
(d) where the storage is affected outside a flammable liquid storeroom, this is allowed
when the storage is not within 15 m of any ignition source.
Unauthorised access
(14) No person may enter, have any other person enter or permit any other person to enter any
storeroom without the express permission of the occupier or any other responsible person
who is in charge of such storeroom.
Abuse of a storeroom
(15) No person may
(b) employ any other person in any storeroom or permit the person to work in the
storeroom unless all the doors of the storeroom are wide open and/or the mechanical
ventilation system is on; and
EMM Emergency Services Bylaws 33
(c) place any obstruction or hindrance, or have any hindrance or obstruction placed or
permit any hindrance or obstruction to be placed in the passages or in front of any
door(s) of any storeroom.
(16) Any person who uses a storeroom or permits a storeroom to be used and does not comply
with the provisions of this section is guilty of an offence.
KEEPING AND HANDLING DANGEROUS GOODS IN A STOREROOM
44. (1) Any storeroom referred to in section 43 of these bylaws may be used for keeping any
grouped dangerous good, with the exception of Group I dangerous goods (explosives), as
defined in section 2(1) of the Dangerous goods Act, 1973: Provided that all chemically
reactive dangerous goods must be separated from each other by means of compartmental
liquidproof fire partition walls to the satisfaction of the Chief Fire Officer, which fire partition
walls must extend from the bottom of the catch pit to 1 m above the highest stack of each
group inside the storeroom.
(2) Notwithstanding the provisions of section 46 of these bylaws, any grouped dangerous good
contemplated in this section, with the exception of Group I dangerous goods (explosives),
may also be stored, and kept in terms of SANS 10263: Provided that any storeroom will be
subject mutatis mutandis to the provisions of sections 22, 23 and 24 of these bylaws, as the
case may be.
(3) Any person who fails to comply with the provisions of this section is guilty of an offence.
PART VII
SPRAYPAINTING MATTERS AND SPRAYING PERMITS
REGISTRATION OF SPRAYPAINTING ROOMS
(b) If circumstances require it, any motor vehicle, article or object, or any parts thereof,
may be sprayed in any place other than in an approved spraying room and/or
spraying booth by any person who possesses a spraying permit for the premises in
question, provided that there is little likelihood of the proposed activities' posing a real
danger or causing an emergency situation for any human being, animal or property.
Prohibition of certain actions
(2) No person may use or handle dangerous goods, or permit dangerous goods to be used or
handled, on unregistered premises, unless a member is satisfied that the dangerous goods
will be used or handled in a place and in a manner that will ensure that
(a) no dangerous good or fumes come or are able to come into contact with any fire,
flame or naked light, or any other source of ignition which is likely to set the
dangerous good or fumes alight; and
(b) the escape of human beings or animals is not hampered or hindered in the event of a
fire or an emergency situation.
Display and conditions of spraying permit
(3) A spraying permit is issued on the following conditions:
EMM Emergency Services Bylaws 34
(a) The spraying permit must at all times be displayed prominently in a weatherproof
container on the premises in a place designated by a member.
(b) The spraying permit must be legible at all times.
(c) The number of spraying rooms and/or spraying booths must be indicated on the
spraying permit.
(d) A serial number must be indicated on the spraying permit.
(e) The spraying permit must reflect the period of validity and the date of expiry:
Provided that the period of validity will be from the date of issue for a period of twelve
months.
(f) The spraying permit is not transferable from premises to premises.
(g) In the case of reconstructing, the spraying permit is, subject to the provisions of
section 22 of these bylaws, transferable from control to control or from owner to
owner on the same premises: Provided that
(i) application must be made for transfer to the Chief Fire Officer on the
prescribed form; and
(ii) if the trade name of the premises changes, the holder of the spraying permit
must ensure that the change is immediately brought to the attention of the
Chief Fire Officer.
(h) The Chief Fire Officer must be in possession of a set of approved plans as referred to
in section 23 of these bylaws.
(i) The spraying permit will not be issued or renewed unless the prescribed application
form has been completed in full and has been submitted to the Chief Fire Officer.
(i) Any person who is legally in possession of a spraying permit must apply to
the Chief Fire Officer in writing on the prescribed form if that person
wishes to amend the number of spraying rooms and/or spraying
booths, according to need.
(ii) The fees prescribed in Annexure I to these bylaws must accompany an
application. The Chief Fire Officer will grant the spraying permit only if the
proposed amendments comply with the relevant provisions of these bylaws.
(iii) Whenever the Chief Fire Officer approves such an application, the person
concerned must hand the spraying permit to the Chief Fire Officer to be
amended.
(4) The Chief Fire Officer may send a reminder for the renewal of registration to the owner or
occupier of registered premises. An owner or occupier who has not received a reminder is not
indemnified from possible prosecution.
(5) The holder of a spraying permit or certificate of registration must ensure that he/she is always
in possession of a valid spraying permit and/or certificate of registration.
(6) Any person who fails to comply with the provisions of this section, or who alters a spraying
permit or attempts to alter a spraying permit or permits a spraying permit to be altered is guilty
of an offence.
CONSTRUCTION AND DESIGN OF SPRAYPAINTING ROOMS
46. (1) The construction of a spraying room and/or spraying booth must be in accordance with the
EMM Emergency Services Bylaws 35
following requirements:
(a) The floor must be of concrete.
(b) The walls must be of brick and/or concrete.
(c) The roof must be of reinforced concrete.
(d) The doors must be Class Btype fire doors as contemplated in SABS 1253.
(e) The window frames must be of steel and have window panels that cannot be opened,
which panels must be a maximum size of 450 mm x 450 mm and fitted with wire glass
with a minimum thickness of 8 mm.
(2) The provisions of subsection (1) are not applicable to the erection of a spraying room and/or
spraying booth if, in terms of the design thereof, the room or booth complies with the following
requirements:
(a) The framework of the entire structure, including the door assemblies, must have a
sturdy steel profile with a minimum wall thickness of 2,5 mm.
(b) The framework, including any doors, must be clad on both sides with sheet metal with
a minimum thickness of 1,3 mm.
(c) If the sheet metal is joined, the joins and/or joints of the sheet metal so joined,
including any door assembly forming an integral part of the whole, must be fume,
flame and liquidproof.
(d) The floor must be of concrete or metal.
(e) The window frames must be of steel with window panels that cannot be opened,
which panels must be a maximum size of 450 mm x 450 mm and fitted with wire glass
with a minimum thickness of 8 mm.
(f) All materials used must have a fire integrity grading of at least 60 minutes.
(3) The unit formed through the combination of components referred to in subsections (1) and
(2), including any services constituting an integral part of the unit or required in the unit, must
be constructed, installed and finished so that all surfaces are smooth to prevent any furring
which may hamper the ventilation, washing and cleaning processes.
(4) A prefabricated unit is suitable only if such a unit is evaluated by the SABS or CSIR and is
found to be suitable for the particular intended purpose.
Location of and access to a spraying room
(5) (a) Notwithstanding the door(s) granting access for motor vehicles or other objects to be
sprayed in any spraying room, a spraying room must have at least two hinged doors
for the purposes of escaping, which doors must
(i) open to the outside;
(ii) be at least 800 mm x 2 000 mm in extent;
(iii) be positioned in opposite sides, provided that, whenever there is any object in
the spraying room for processing, the distance to be covered to any of the
doors may not exceed 4 m; and
(iv) be fitted with locking mechanisms that can be opened easily from the inside
without the use of a key.
(b) Any spraying room must be located so that it is at all times separated from other
activities and/or areas by means of an escape opening of at least 1 200 mm wide,
which escape opening must at all times be kept free of any obstruction, refuse or
EMM Emergency Services Bylaws 36
combustible materials.
(c) If any activity and/or process which is operated adjacent to a spraying room may pose
a probable fire danger to the spraying room, the said escape opening of 1 200 mm
must be identified by fire partition walls with a fire resistance of at least 60 minutes,
and the height of these walls must be at least 300 mm higher than the roof of the
spraying room.
(d) Any spraying room contemplated in subsection (2) may be erected indoors and
outdoors against firewalls: Provided that not more than two sides of the spraying
room may border the firewalls.
Water floors
(6) (a) A spraying room may have a sunken waterfilled floor covered at the level of the sill
by a sturdy, stable, noncombustible and corrosionfree grill that is capable of bearing
the weight of the heaviest object in the spraying room.
(b) The water in the sunken floor must be circulated through an effective non
combustible and cleanable filtering system by means of a closedcircuit pump
circulation system of noncorrosive metal pipes with a suitable diameter and wall
thickness.
Electrical equipment
(7) All electrical apparatus, lights, fittings and switchgear used or installed in any spraying room
must be protected and installed in accordance with the provisions for equipment of the
appropriate type for the particular area in terms of SANS 10108.
(8) All switchgear, distribution boxes, fuses and any other electrical equipment not in compliance
with the provisions contained in SANS 10108 must be situated outside the spraying room and
positioned so as not to come into contact or possibly come into contact with fumes escaping
from the spraying room.
(9) Switches actuating any mechanical ventilation system must be situated outside the spraying
room.
(10) All metal parts and electrical fittings and any device in or in connection with a spraying room
must be earthed effectively with each other and the ground.
(11) An accredited person must install and certify all electrical installations: Provided that a copy
of the certificate must be submitted to the Chief Fire Officer for record purposes immediately
after installation.
Mechanical ventilation
(12) (a) Any spraying room must be equipped with a mechanical inlet and outlet ventilation
system designed and installed for this purpose: Provided that
(i) the capacity of the system must be able to change the cubic air content in the
spraying room at least 30 times an hour or at a flow rate of 0,5m/s;
(ii) the vanes of the system must be manufactured from staticfree materials;
(iii) the fumes must be released into the open air and the outlets must not be
within 5 m of any opening of a building or erf boundary;
(iv) all ventilators must be attached firmly to the inside of the walls;
(v) the bottom ventilators must be affixed as close as possible to the level of the
floor;
(vi) all ventilation openings and/or air duct openings must be installed in the
EMM Emergency Services Bylaws 37
opposite wall, door(s) or roof to ensure crossventilation in conjunction with
the said mechanical ventilation system; and
(vii) every spray room shall have at least one of it’s doors fitted with an un
openable strengthened, shatterproof glass inspection window no larger than
450mm x 450mm.
Fire dampers, fire detectors and fire alarms
(b) A fire damper must be affixed in front of any air purification filter, or any part of a filter
forming an integral part of the ventilation system, on the inside of the spraying room,
which fire damper must be manufactured and installed in accordance with the
provisions of SANS 193: Provided that the fire damper must
(i) close automatically by means of a sensor that is suitably located and actuated
by a rise of more than 10 °C in the predetermined working temperature;
(ii) be so installed that the damper will remain in position even if the air duct
distorts during a fire; and
(iii) be provided with an overriding fusible link.
(c) The sensor contemplated in subsection (12)(b)(i) must also
(i) be capable of turning off the ventilation system and any heating device used in
connection with the spraying room in the event of a fire or whenever there is a
rise of more than 10 °C in the predetermined working temperature inside the
spraying room; and
(ii) activate a visual and audible alarm inside and outside the spraying room.
Positioning of ventilation outlets
(13) All outlet openings must be designed and positioned so as to release all fumes into the open
air at a place at least 1 m above a roof or 4 m above the ground level and at least 5 m from
any opening of a building.
(14) The ventilation system must function whenever any activities related to spraypainting take
place in the spraying room.
Display of signs prohibiting open flames and smoking
(15) No person may use any spraying room or permit any spraying room to be used, unless and
until symbolic signs prohibiting open flames and smoking, at least 290 mm x 290 mm in
extent, manufactured and installed in accordance with the provisions of SANS 1186, are
affixed to the inside and outside of all doors of the spraying room.
Maintenance of spraying rooms
(16) All spraying rooms must be maintained at all times in accordance with the provisions of this
section and the manufacturers’ specifications. Proof of such maintenance must be provided
upon request from a member.
Unauthorised access
(17) No person may enter a spraying room or permit any other person to enter a spraying room
without the express permission of the owner and/or occupier or any other responsible person
in charge of the spraying room.
Abuse of spraying room
(18) No person may
(a) use any spraying room or permit any spraying room to be used for any purpose other
than for practising or exercising activities related to spraypainting in the spraying
room;
(b) employ any other person in a spraying room or permit any other person to work in the
spraying room unless the mechanical ventilation system is on; and
EMM Emergency Services Bylaws 38
(c) place any obstruction or hindrance, or have any hindrance or obstruction placed or
permit any hindrance or obstruction to be placed in the escape openings or in front of
any doors of the spraying room.
Provision of firefighting equipment
(19) (a) Any spraying room must have a 9kg dry chemical fire extinguisher on the outside,
which extinguisher must be installed in positions determined by the Chief Fire Officer.
(b) All spraying rooms must be protected by a fire hose reel, referred to in section
32(1)(b) of these bylaws.
Drying kiln/heating devices
(20) Whenever any manifold installation of a Group II dangerous good forms an integral part of the
heating of a spraying room, the manifold installation must be in accordance with the
provisions of SANS 10087, Part I, and the relevant provisions of these bylaws will apply
mutatis mutandis in the application of this section.
PART VIII
ANIMALS
HANDLING ANIMALS DURING EMERGENCIES
47. Provision must be made for the professional handling of animals during an emergency on any
premises, but particularly at zoological gardens, feedlots, stables, research institutions, veterinary
practices and/or places of veterinary science study: Provided that the Chief Fire Officer may
(a) authorise a suitably qualified person to handle and/or put down the animals during an
emergency situation, as the case may be; and
(b) recover all costs involved in the matter from the owner or the institution responsible for the
care of the animals.
PART IX
PENALTIES
PENALTIES FOR CONTRAVENTIONS
48. Any person who contravenes or fails to comply with any provision of these bylaws, including any
condition or requirement for a certificate of registration or spraying permit, or any instruction by a
member of the Service, is guilty of an offence and on conviction liable to a fine not exceeding
R5 000,00 or, in default of payment, liable to imprisonment for a period not exceeding six months.
PART X
GENERAL
OPERATION OF THESE BYLAWS IN RELATION TO OTHER LAWS
49. The provisions of these bylaws are in addition to and not a substitution for any other law which is not
in conflict or inconsistent with these bylaws.
REPEAL OF BYLAWS
50. The following bylaws are hereby repealed:
(1) The Transvaal PeriUrban Fire Brigade Bylaws published under Administrator’s Notice 1116
of 11 July 1984, as amended, in so far as they apply to the area of jurisdiction of the
Ekurhuleni Metropolitan Municipality
(2) The following Bylaws of the disestablished municipalities within the area of jurisdiction of the
EMM Emergency Services Bylaws 39
Ekurhuleni Metropolitan Municipality and any other corresponding Bylaws and / or sections of
Bylaws of the disestablished municipalities within the municipal area of the Ekurhuleni
Metropolitan Municipality:
(a) Fire Brigade Services Bylaws
1 Benoni Administrator’s Notice 495 dated 5 May 1982
2 Boksburg Administrator’s Notice 40 dated 17 August 1983
3 Brakpan Administrator’s Notice 1771 dated 23 December 1981
4 Edenvale Administrator’s Notice 344 dated 19 April 1967
5 EGSC Administrator’s Notice 1116 dated 11 June 1984
6 Germiston Administrator’s Notice 1771 dated 23 December 1981
7 Kempton Park Administrator’s Notice 1771 dated 23 December 1981
8 Nigel Administrator’s Notice 1576 dated 23 December 1983
9 Modderfontein Administrator’s Notice 231 dated 16 February 1982
10 Springs Administrator’s Notice 1771 dated 23 December 1981
(b) Flammable Liquids Bylaws:
1 Boksburg Administrator’s Notice 2113 dated 21 November 1984
2 Edenvale Administrator’s Notice 720 dated 20 September 1961
3 Germiston Administrator’s Notice 720 dated 20 September 1961
Administrator’s Notice 1548 dated 19 October 1977
4 Kempton Park Administrator’s Notice 502 dated 14 July 1967
5 Springs Administrator’s Notice 567 dated 18 July 1956
6 EGSC Administrator’s Notice 1116 dated 11 July 1984
SHORT TITLE
51. These bylaws are called the Emergency Services Bylaws.
PART XI
ANNEXURE I: TARIFFS
FEES PAYABLE TO THE SERVICE IN TERMS OF SECTION 10 OF THE FIRE BRIGADE
SERVICES ACT, 1987 (ACT 99 OF 1987), FOR PROVIDING EMERGENCY SERVICES
A. FEES FOR EMERGENCY SERVICES
1. All fees shall be as determined by Council from time to time.
2. General Directives for the Payment of the Fees
(1) All certificates of registration, certificates of fitness and/or spraying permits will be valid for
twelve calendar months. A written application for the renewal of the certificate or permit must
reach the Chief Fire Officer at least one calendar month prior to the expiry thereof.
(2) When application is made for registration, the appropriate application form, correctly
completed in full, must be accompanied by the prescribed fees.
(3) All the appropriate application forms are available from the Chief Fire Officer and must be
completed in full and, where applicable, be duly signed.
(4) If, for whatever reason, the Chief Fire Officer rejects an application for any certificate of
registration, certificate of fitness or any permit, the applicant must, within 14 days (excluding
weekends and public holidays) of the date of rejection, take corrective steps to ensure that
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the document in question is issued at no additional cost, failing which the applicant must pay
the prescribed fees again.
ANNEXURE II : OFFICIAL DOCUMENTS
A. GENERAL
The Chief Fire Officer must design and draw up all official documents in connection with these bylaws
in accordance with the prevailing policy, and the documents must comply with the specific needs and
requirements of the Service and the Council, but must not detract from the directives and provisions of
these bylaws.
B. STANDARD ADMINISTRATIVE INFORMATION IN DOCUMENTS
The following must be indicated in all documents:
1. The logo of the Service and/or Council
2. The full name of the premises in question
3. The name of the suburb in question
4. The street address of the premises in question, in full
5. The postal address of the premises in question, in full, including the postal code (on all
application forms)
6. Full particulars of the occupier of the premises or the firm on the premises
7. The telephone and fax numbers of the business in question (on all application forms)
8. The signature of the issuing officer
9. The date on which the document was issued
10. The expiry date of the document
11. The type of document, such as:
(1) "Application for a bulk depot certificate of registration" or "Bulk depot Certificate of
Registration"
(2) "Application for a certificate of fitness" or "Certificate of Fitness"
(3) "Application for a certificate of registration/spraying permit" or "Certificate of
registration/Spraying permit"
(4) "Application for a transport permit" or "Transport Permit"
(5) "Application for approval of plans" or "Application for inspection for the issuing of a
certificate of occupancy"
12. Any other relevant information, such as:
(1) The groups and subgroups of dangerous goods for which registration is required
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(2) The required quantity of each group of dangerous good
(3) The manner in which the substances are to be stored, for example
(a) in an underground storage tank;
(b) in an aboveground storage tank;
(c) in a dangerous good store; or
(d) in a manifold installation
(4) An indication of all spraypainting rooms and submersion tanks, as the case may be
13. A serial number (on all permits and certificates)
14. A receipt number (on all permits and certificates)
15. The official stamp of the Service.
C. OFFICIAL DOCUMENTS IN CONNECTION WITH THESE BYLAWS
1. APPLICATION FORMS
(1) The purpose for which application forms are to be used must appear at the top of all application
forms.
(2) (a) All application forms must have all the administrative information as contained in
paragraph B (STANDARD ADMINISTRATIVE INFORMATION IN DOCUMENTS).
(b) On all application forms, space must be left in which the correct application fee, as
contained in Annexure I to these bylaws, can be indicated prominently in red figures.
(c) A warning must appear below the space for the application fee to the effect that the
applicant is granted only 14 working days (weekends and public holidays excluded) to
make any corrections that may be indicated on the checklist, without any additional
cost, but that if the said period of 14 days is exceeded, the prescribed fee must be paid
again before any permit or certificate will be issued.
(3) A suitable checklist must form part of each application form and must be drawn up
chronologically in accordance with the appropriate requirements contained in these bylaws
and/or relevant SABS codes of practice and/or specifications, as the case may be.
(4) At the top of each checklist
(a) it must be stated that the checklist is for office use only;
(b) space must be set aside for the date, time and place of the appointment for an
inspection; and
(c) space must be set aside for particulars of the contact person who will represent the
applicant during the inspection.
(5) At the end of each checklist, space must be set aside for
(a) the signature of the member of the Service who completed the checklist;
(b) the date on which the checklist was completed; and
(c) an indication of whether or not the application is successful.
(6) Provision must also be made on each application form for
(a) full particulars of the registration officer who received the application fee;
(b) the method of payment, for example cash, postal order or cheque; and
(c) an official receipt number.
2. PERMITS AND CERTIFICATES
(1) The purpose for which permits and certificates are to be used, as contemplated in paragraph
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A.1 (DESCRIPTION OF SERVICE) in Annexure I to these bylaws must appear at the top of all
permits and certificates.
(2) All permits and certificates must have all the applicable administrative information as contained
in paragraph B (STANDARD ADMINISTRATIVE INFORMATION IN DOCUMENTS).
3. TRANSPORT PERMIT
In addition to the contents in terms of the administrative provisions contained in paragraph B
(STANDARD ADMINISTRATIVE INFORMATION IN DOCUMENTS), a round disc with the following
information must form part of the official documentation of the Service in the case of transport permits:
(1) The registration number of the vehicle in question
(2) The chassis number of the vehicle in question
(3) The type of vehicle, for example a semitrailer, trailer, flatdeck truck or tanker
(4) The gross vehicle mass of the vehicle in question
(5) The tare of the vehicle in question
(6) The type of load to be transported, for example a single load or a multiple load, and the
quantity to be transported in litres or kilograms, as the case may be
(7) The group of dangerous good(s) to be transported, for example Group I, II or III, or a
combination of them, as the case may be
(8) Where applicable, the make of the vehicle
(9) The date of issue of the permit
(10) The date of expiry of the permit
(11) The signature of the issuing officer
(12) A serial number
(13) A watermark.
ANNEXURE III: EMERGENCY EVACUATION PLANS
A. GENERAL
1. Any emergency evacuation plan must contain at least the following information under the headings
listed below. All emergency evacuation plans must be updated at least once a year or, alternatively,
whenever the key staff member referred to in the plan leaves the employ of the employer.
2. All emergency evacuation plans must be drilled at least annually, and all the staff members must
participate. The employer must also ensure that all the disciplines involved are notified in writing of an
emergency evacuation plan drill at least 21 calendar days prior to the proposed date of the drill.
3. All staff members of an employer must be aware of the emergency evacuation plan of the employer.
Whenever an emergency evacuation plan is updated, the designated person responsible must collect
and destroy all old plans that the emergency management members have in their possession to
eliminate confusion as to the validity and accuracy of the emergency evacuation plan.
B. IMPLEMENTATION OF EMERGENCY EVACUATION PLANS
1. The emergency evacuation plan must be drawn up so that any sensitive information that may appear in
the document can easily be removed to make it available to specific persons in the emergency
management team.
2. DEALING WITH AND FURNISHING INFORMATION CONTAINED IN THE EMERGENCY
EVACUATION PLAN
(1) THE EMERGENCY EVACUATION PLAN IN ITS ENTIRETY
(a) The entire emergency evacuation plan must be made available to every member of the
emergency management team.
(b) A number of copies must be kept in a safe in the control room.
(2) EMERGENCY TELEPHONE NUMBERS AND BOMB THREAT QUESTIONNAIRE
Emergency telephone numbers must be on hand at all telephones on the premises and the
bomb threat questionnaire must be on hand at all designated telephones on the premises.
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(3) DUTIES AND RESPONSIBILITIES OF EMERGENCY PERSONNEL
All staff members involved must be informed in writing of their particular duties and
responsibilities in this regard.
(4) ACTION PLANS AND EMERGENCY ACTIONS
Action plans must be available to all staff members to ensure that every staff member knows
exactly what to do in an emergency.
(5) PLANS OF THE LAYOUT OF PREMISES AND ESCAPE ROUTES
Plans of the layout of the premises and escape routes must be put up permanently at all exits
and strategic points on the premises.
3. TRAINING OF STAFF MEMBERS
Designated staff members must be trained in the following:
(1) First aid and/or fire fighting
(2) Emergency aid
(3) Emergency evacuation procedures
(4) Emergency management techniques
(Drills of the emergency evacuation plan are an excellent training programme and offer the opportunity
for the improvement of the plan.)
C. THE CONTENT OF AN EMERGENCY EVACUATION PLAN
Any emergency evacuation plan must contain the following:
(1) Emergency telephone numbers;
(2) The following general information:
(a) The address of the premises in question
(b) The nature of the activities on the premises
(c) The number of staff members present on the premises at any time
(d) An indication of whether or not there is a control room on the premises
(e) An indication of whether or not there is an alarm system on the premises
(f) Particulars of contact persons
(3) An area study with the following information:
(a) History of incidents on the premises in question
(b) Important features/landmarks with regard to the location of the premises
(c) Key information of adjacent premises
(4) Particulars regarding socioeconomic or other threats and the potential impact of these threats
on premises
(5) Particulars of the following equipment available on the premises:
(a) Equipment in the control room
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(b) Firefighting and firstaid equipment throughout the premises
(c) Any other equipment
(6) The following information on manpower:
(a) Emergency management
(b) Continuity officers
(c) Fire teams
(d) Firstaid teams
(7) The duties and responsibilities of members of the emergency team
(8) Action plans and emergency procedures
(9) Plans of the buildings and topographical maps of the premises
(10) An emergency plan register with the following information:
(a) Updated register of emergency evacuation plan
(b) Drill register of emergency evacuation plan
(11) A bomb threat questionnaire
ANNEXURE IV
1. Material Safety Data Sheet Box and Emergency Evacuation Plan Box [MSDS Box]
i. A container no smaller than 300 x 400 mm shall be provided to contain all MSDS’s
ii. Material safety data must be provided for every individual chemical substance when such substance
is to be found on the said premises and falls outside exempt quantities as described in SABS 0228,
iii. Such MSDS shall contain no less information than shown on NOSA Form 2.17.05.01 “Hazardous
Substances Record”
iv. Such container shall be affixed to the outside of the building next to or near the main entrance and
shall be placed 1,5 m above ground level,
v. Such container shall have a locking device which will be to the satisfaction of the Chief Fire Officer.
2. Emergency Evacuation Plan Box [EEP Box]
i. a container no smaller than 300 x 400 mm shall be provided to contain al EEP’s
ii. Such container shall have a locking device which will be to the satisfaction of the Chief Fire Officer
iii. Such container shall be painted dayglow orange and be marked in black capital letters no smaller
than 150 x 15 mm and shall read ‘EEP’
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ANNEXURE V: NORMATIVE REFERENCE LIST
NORMATIVE REFERENCES
Where reference is made in these bylaws to an SABS number, the reference relates to a document bearing
the number and title indicated in the following table:
SANS TITLE
NO
193 Firedampers
543 Fire hose reels (with hose)
186 Symbolic safety signs
1253 Fire door assemblies
10087 Handling, storage and distribution of liquefied petroleum gas in domestic, commercial, and
industrial installations
Part III
Part VI
10089 Code of practice for the petroleum industry
Part III
10087 Handling, storage and distribution of liquefied petroleum gas in domestic, commercial, and
industrial installations
Part III
Part VI
10105 The classification, use and routine maintenance of portable fire extinguishers
10131 The storage and handling of liquid fuel Part I; Part II; Part III
10400 The application of the National Building Regulations
10080 Electrical code
1193 Fire Dampers
10263 Warehousing of Dangerous Goods
For Office Use
File: 1/4/1/1/14
Council Resolution: A – PS (112005) dated 24 November 2005
Gauteng Provincial Gazette Number 60 dated 22 February 2006
Local Authority Notice Number 380
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