HCM Fire Brigade Bylaws - Provincial Gazette 6309, Notice 66, 2004

VOICE FOR THE VOICELESS

A campaign to stop the anti-social practice of

fireworks traumatizing people and animals

of the Hibiscus Coast, KwaZulu-Natal, South Africa

PROVINCIAL GAZETTE 6309

NOTICE 66, 2004

Database: Provincial Gazettes
Gazette No: 6309
Notice No: 66
Gazette: KwaZulu-Natal
Date: 20041202
Text:

No. 66, 2004

2 December 2004

HIBISCUS COAST MUNICIPALITY

FIRE BRIGADE BY-LAWS

THE municipal council for the Municipality of the Hibiscus Coast, acting under the authority of section 156(2) of the Constitution of the Republic of 1 South Africa, 1996 (Act 108 of 1996) read with sections 11 (2)(m), 12 and 13 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby publishes the following by-laws as adopted by the municipal council at its meeting held on 11 December 2002 under resolution No. C113/12/2002, which by-laws shall come into effect on the first day of the month following publication hereof. S. W. MKHIZE Municipal Manager

HIBISCUS COAST MUNICIPALITY

FIRE BRIGADE BY-LAWS CONTENTS

ISSUING OF CERTIFICATES OF REGISTRATION

26. (1) No person may on any premises use, handle or store quantities of hazardous substances in excess of the quantities mentioned below or permit them to be used, handled or stored, unless and until the person is in possession of a certificate of registration as defined in Annexure II to these by-laws, issued in respect of the specific quantities and appropriate devices on approved premises: Provided that if only one of the groupings mentioned 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 I

HAZARDOUS SUBSTANCES

40. (1) All Group I hazardous substances (explosives) must be handled, used, stored and transported in accordance with the provisions of SABS 0228, 0229, 0232 and 0263, the Explosives Act, 1956 (Act No. 26 of 1956), and the Hazardous Substances Act, 1973 (Act No. 15 of 1973), and any regulations made under these acts, as the case may be.

(2) (a) No person may use or explode any Group I hazardous substance within the area unless the Service has been notified of this in writing at least 24 hours prior to its commencement.

(b) The Service may impose any fire protection measures it deems necessary according to the circumstances in question.

DEALER IN FIREWORKS

(3) (a) No person may deal in fireworks within the area unless he/she is in possession of a licence to trade in fireworks as contemplated in section 7 of the Explosives Act, 1956.

(b) (i) Any retail dealer in fireworks may not keep fireworks of a gross mass exceeding 500 kg on his/her premises: Provided that the said dealer complies at all times with the conditions of Chapter 9 of the regulations under the Explosives Act, 1956, published under Government Notice 1604 of 8 September 1972, as well as any fire protection measures laid down by the Service for the premises.

(ii) Any wholesale dealer in fireworks may at no time have fireworks of a gross mass exceeding 1 000 kg on his/her premises, which fireworks must be enclosed in the original inner packaging as received from the manufacturer or other supply magazine: Provided that the said dealer complies at all times with the conditions of Chapter 9 of the regulations under the Explosives Act, 1956, as well as any fire protection measures prescribed by the Service for the premises.

(iii) No person may deal in fireworks within the area unless he/she is in possession of a valid wholesale dealer's licence and/or retail dealer's licence, as the case may be, as contemplated in Chapter 9 of the regulations under the Explosives Act, 1956, as well as a written authority from the Service.

(iv) The Service will not issue any written authority to deal in fireworks within the area unless and until all the applicable provisions of these by-laws have been complied with. The person who wishes to deal in fireworks must apply to the Service in writing for the authority to do so, as provided for in Annexure VII to these by-laws.

(v) The application referred to in subsection (3)(b)(iv) must reach the Service for processing at least one calendar month before the authority is required. The application must be made on the prescribed form, as provided for in Annexure VII to these by-laws, and be completed correctly and in full.

DISCHARGE OF FIREWORKS

(c) (i) No person may discharge any fireworks within the area unless the person is in possession of a written authority in accordance with the requirements of Annexure VIII to these by-laws.

(ii) The Service will not issue any written authority to discharge fireworks within the area unless and until all the applicable provisions of these by-laws have been complied with. The person who wishes to discharge fireworks must apply to the Service in writing for the authority to do so, as provided for in Annexure VIII to these by-laws.

(iii) The application referred to in subsection (3)(c)(ii) must reach the Service for processing at least one calendar month before the authority is required. The application must be made on the prescribed form, as provided for in Annexure VIII, and be completed correctly and in full.

(4) Whenever a member of the Service inspects any premises and finds that the occupier of the premises or person in charge of the sale of fireworks is not in possession of a valid licence as contemplated in Chapter 9 of the regulations under the Explosives Act, 1956, and/or if the occupier or person in charge discharges fireworks without a valid written authority as contemplated in subsection (3)(c)(i), the member may immediately seize all fireworks on the premises: Provided that if fireworks are seized -

(a) they be seized in the presence of the owner, occupier or other responsible person, as well as another member of the Service;

(b) they be taken in their original packaging or, alternatively, placed in any other suitable sturdy containers which must be sealed, and the following information must be affixed to the packaging or container, as the case may be:

(i) The street address of the premises, in full, and the location

(ii) The trade name of the premises or concern

(iii) The identity number, name and signature of the persons concerned

(iv) The date and time of the seizure of the fireworks, and the name of the person who seized the fireworks

(v) A description of the exact place on the premises, or whatever other place, where the fireworks were seized; and

(c) they be taken immediately, at the expense of the owner of the fireworks, to an accredited magazine as contemplated in Chapter 8 of the regulations under the Explosives Act, 1956, for safe custody until a court judgment has been delivered: Provided further that the fireworks held in safe custody will be destroyed by the Service in a responsible manner if the court instructs the Service to do so.

(5) Any person who fails to comply With any of the provisions of this section is guilty of an offence and is on conviction liable to a fine not exceeding R5 000,00 or to imprisonment for a period not exceeding six months.

ANNEXURE VII

DEALING IN FIREWORKS IMPORTANT

Any application for keeping, storing and/or dealing in fireworks must reach the Service for processing and finalisation at least one calendar month before authorisation is required. If not, the application will not be considered and processed.

1. ANY PERSON WHO WISHES TO DEAL IN, STORE OR KEEP FIREWORKS MUST FOLLOW THE FOLLOWING PROCEDURE:

(1) The applicant must apply to the Chief Inspector of Explosives in the magisterial district of the Service. This application must be made in writing on the prescribed form obtainable from the office of the Chief Inspector of Explosives.

(2) The said application form must be completed in full and in duplicate. Both application forms must be accompanied by a sketch plan (on a scale of 1:100). The one form must be handed in at the office of the Chief Inspector of Explosives and the other at the office of the Service.

(3) The following particulars must appear on the sketch plan:

(a) A line drawing of the layout of the premises

(b) The exact area on the premises where the fireworks are to be stored, handled and/or offered for sale

(d) The position of any Group II and/or Group III hazardous substances in or on the premises or on the Erf

(e) The position of matches and/or cigarette lighters in or on the premises

(f) The position of any other hazardous substances not mentioned above

(g) The position of all doors providing an exit from the premises

(h) The position of all fire-fighting equipment in or on the premises or on the Erf

(i) The total floor area of the premises, in square metres

(j) The location of the relevant premises in relation to the following:

(i) Public roads

(ii) Railway lines

(iii) Overhead power lines

(iv) Buildings adjacent to the building and the Erf

(v) Adjoining erven and the activities on them

(vi) Filling stations

(k) A note indicating whether the relevant premises will be used by a WHOLESALE DEALER or RETAIL DEALER in fireworks. (5) The relevant premises must comply with the following requirements:

(a) Appropriate symbolic safety signs as contemplated in SABS 1186 must be put up at - (i) emergency escape routes; and

(ii) areas where smoking and open flames are prohibited.

(b) If there is only one entrance/exit on the premises, the fireworks must be kept as far away as possible from the entrance/exit.

(d) The said walking area must be free from obstructions at all times.

(e) Notices, in red letters (at least 100 mm high) on a white background, which read "DEALER IN FIREWORKS/HANDELAAR IN VUURWERK", must be affixed prominently to the outside of the premises at every entrance to the premises and must at all times be legible.

(f) In addition to the extinguishers that must be provided in accordance with the requirements of the National Building Regulations, one 4,5 kg dry chemical or one 4,5 kg carbon dioxide-type fire extinguisher must be provided for every 100 m2 of floor area wherever fireworks are stored or sold.

(g) Notwithstanding the exceptions in terms of the National Building Regulations, the premises must, irrespective of the size, have a fire hose reel, which complies with SABS 543 for protection purposes and must be placed so that its end reaches all parts requiring protection.

(h) The licence for dealing in fireworks, issued by the Chief Inspector of Explosives, must at all times be displayed in a prominent place at the counter containing fireworks, and the licence must be legible at all times.

(i) A copy of Chapter 9 of the regulations under the Explosives Act, 1956, must be available on the premises at all times, and the employees of the licence holder must have access to the regulations at all times.

(j) All fireworks offered for sale and/or displayed in or on the premises must be behind glass at all times or, alternatively, in a place where the public has no access to them.

(k) No fireworks may be sold or offered to any person who is apparently younger than 16 years.

(l) All fireworks must be offered for sale in the original packaging.

(m) No acids, flammable liquids and/or flammable gases may be kept, stored or sold in or on premises where fireworks are also kept, stored or sold.

(n) No devices producing an open flame may be kept, stored or sold in or on premises where fireworks are also kept, stored or sold.

(o) No electrical device and/or apparatus generating heat may be permitted or brought within 7 m of any fireworks, (p) All matches and cigarette lighters must be kept at least 5 m from any fireworks.

2. NOTE

(1) If a person who applies for a licence for dealing in fireworks wishes to keep a quantity of fireworks, which exceeds the quantity permitted in terms of Chapter 9 of the regulations under the Explosives Act, 1956, he/she must apply to erect a magazine for fireworks in terms of the requirements of Chapter 8 of the said regulations.

(2) A member of the Service must check the premises against a checklist encompassing all of the above and any other fire protection measures required or deemed necessary by the Service.

(3) If the Service is satisfied that the said person has complied with all the items on the checklist, the Service will send a letter to the Chief Inspector of Explosives in support of the application for a licence for dealing in fireworks, on condition that the holder of the licence complies with and upholds all the relevant statutory requirements at all times.

ANNEXURE VIII

DISCHARGE OF FIREWORKS IMPORTANT

The discharge of fireworks within the Municipal area is unlawful with exception of the following days:

(a) 5 November

(b) 1 January

and any other day for public display of fireworks if Council's permission is obtained (in writing).

Any application for a public fireworks display and/or for the private discharge of fireworks must reach the Service for processing and finalisation at least one calendar month before the authorisation is required. If not, the application will not be considered and processed.

1. REQUIREMENTS FOR A PUBLIC FIREWORKS DISPLAY

(1) A suitably qualified pyrotechnician must apply to the Chief Inspector of Explosives in the magisterial district of the Service for a public fireworks display. This application must be made in writing on the prescribed form obtainable from the office of the Chief Inspector of Explosives.

(2) The said application form must be completed in full and in duplicate. Both application forms must be accompanied by a sketch plan (on a scale of 1:500). The one form must be handed in at the office of the Chief Inspector of Explosives and the other at the office of the Service.

(3) The following particulars must appear on the sketch plan in respect of the area, which has been set aside for the discharging of fireworks:

(a) A line drawing of the entire layout of the premises

(b) The location of all buildings within 100 m of the firing site

(d) The position of any railway line

(e) The position of all telephone wires and/or telegraph wires within 100 m of the firing site

(f) The position of all overhead power lines within 100 m of the firing site

(g) The position of any trees within 100 m of the firing site (h) The position of the nearest refreshment areas

(i) The position where the spectators are to sit and/or stand (j) The direction in which the fireworks are to be discharged (k) The prevailing wind direction

(l) The position where the fireworks are to be stored before and during the display

(m) The area, which has been set aside for fireworks fallout

(n) The position of all hazardous substance installations within 100 m of the firing site

(o) The location of all accesses to the premises, with specific reference to the emergency escape routes from the spectators' area

(p) The position of all fire-fighting equipment in the vicinity of the firing site and the spectators' area

(q) The position of filling stations adjacent to or near the premises

(r) Completion of an indemnity from absolving Council from any criminal or civil claims

(4) At a public display of fireworks it shall be an offence-

(a) for any person wilfully to enter or remain in that area reserved for receiving falling residue from aerial fireworks:

(b) for any unauthorized person wilfully to proceed beyond the area demarcated by the organizers of the display for spectators: and

2. REQUIREMENTS FOR THE PRIVATE DISCHARGE OF FIREWORKS

(1) No fireworks may be discharged on a private residential Erf unless all the distances referred to in this annexure can be maintained.

(2) All the requirements in this annexure apply mutatis mutandis to the application for permission for the private discharge of fireworks, with the exception that -

(a) the person or persons who are to discharge the fireworks need not be a pyrotechnician or pyrotechnicians; and

(b) a permit from the Chief Inspector of Explosives for the private discharge of fireworks is not required.

(3) The Service will grant written permission for the private discharge of fireworks on the following sites only:

(a) Sports fields not belonging to the controlling authority

(b) Smallholdings (provided that, in the opinion of a member of the Service, the vegetation, shrubs and/or crops on the smallholdings permit the discharge of fireworks)

3. NOTE

(1) If the person applying for a permit for a public and/or private fireworks display does not comply in toto with the requirements of this annexure, the Service will not support the application.

(2) A member of the Service must check the premises in question against a checklist encompassing all of the above and any other fire protection measures required or deemed necessary by the Service. An appointment must be made in advance and in writing with the said member of the Service.

(3) If the Service is satisfied that the applicant has complied with all the items on the checklist, the Service will send a letter to the Chief Inspector of Explosives in support of the application, on condition that the person in charge complies with and upholds all the relevant statutory requirements at all times.

(4) All sites where fireworks are to be discharged must comply with the provisions of Chapter 10 of the regulations under the Explosives Act, 1956, before the controlling authority will consider any applications and/or grant permission in this regard.

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