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Flammable Liquids and other Substances By-law, 2009
- Published in Eastern Cape Provincial Gazette no. 2042 on 27 February 2009
- Commenced on 27 February 2009
- [This is the version of this document from 27 February 2009 and includes any amendments published up to 19 December 2022.]
1. DefinitionsFor the purpose of this chapter, unless the context otherwise indicates-"above ground storage tank" means a tank situated above or partly above ground and used or intended to be used for the storage of flammable liquid;"authorized official" means an official of the Council who has been authorized by the Council;"boundary line" means the perimeter of any premises in or on which flammable liquid is stored or used;"bulk depot" means any premises used or intended to be used for storage in bulk of flammable liquids where flammable liquids are to be distributed mainly by road tank wagon or otherwise;"bulk store" means any building or structure, or part of a building or structure which is used or intended to be used for the storage of flammable liquids in portable containers;"carbide" means calcium or carbide;"certificate of registration" means a certificate issued by the Council, authorizing any person to use the premises specified for the storage, use or handling of flammable liquids, or for the storage of carbide, as the case may be;"Chief officer" means any Chief officer as referred by subsection (2) of section 2;"container" means any case, tin, barrel, drum or other vessel used or intended to be used for the holding of flammable liquids, but does not include the fuel tank of a motor vehicle or stationary engine in normal use as such;"dry cleaning machinery" means any machinery used or intended to be used for the cleaning or the treatment of garments or textiles with the aid of flammable liquids;"dry cleaning room" means any premises used or intended to be used for the cleaning or treatment of garments or textiles with the aid of flammable liquids for gain or reward;"class A flammable liquid" means any flammable liquid having a true flash point of 23 degrees Celsius and lower;"class B flammable liquid" means any flammable liquid having a true flash-point over 23 degrees Celsius up to and including 55 degrees Celsius;"class C flammable liquid" means any liquid, oil or other similar substance having a true flash point of more than 55 degrees Celsius but less than 90 degrees Celsius;For the purposes of the definition of "flammable liquids" flash-point is determined in accordance w'ith the definition contained in the Code of practice for the Petroleum Industry SABS 089: Part I - 1996;"habitable room" means a room constructed or adapted to be used as a living room or workroom including shops, workshops and offices and the term "habitable" has a like meaning;"liquid petroleum gas" means a gas, being a petroleum by-product which, when stored under pressure in cylinders, assumes a liquid state until the pressure has been reduced;"mixing room" means any room or structure used or intended to be used for the manufacturing or preparation of any product involving the use of a flammable liquid;"person" includes any individual, company, corporate body, partnership or other associated of person;"protected works" means any house, building or other structure used or intended to be used for human habitation or public assembly including schools, clubs and similar institutions which also includes any animal stable, but excludes any administrative offices, change rooms or mess rooms in a bulk depot;"pump" means any pump used or intended to be used for the supply, delivery, proposition or pumping of flammable liquids or substances and includes all apparatus, pipes and appliances used for or in connection therewith, but does not include pumps in bulk depots;"registered premises" means premises registered by the Council in terms of these By-laws for storage of carbide;"road tank wagon" means a vehicle constructed and intended for conveying flammable liquids for distribution principally or solely in a tank constructed as part of and firmly attached to such vehicle;"spray booth" means any subdivision or separate compartment or any spray room, when such subdivision or compartment is used or intended to be used for the purpose of spraying vehicles or articles with flammable liquids, and purposes incidental thereto;"spray room" means any room, building or structure used or intended to be used solely for the purpose of spraying vehicles or articles with flammable liquid and purposes incidental thereto;"store" means any building or structure other than a bulk store which is used or intended to be used for the storage of flammable liquids;"transfer under seal" means the transfer of flammable liquid from or to a road tank wagon in such a manner as to prevent the escape of flammable liquids or its vapour at any point in the system except at such points where the vapour necessarily expelled, is discharged through a vent pipe;"transport permit" means a tank used or intended to be used for the storage of flammable liquids, wholly sunk in and surrounded by earth or solid rock or any such tank situated in a basement below ground level and totally enclosed by a liquid-tight concrete or brick structure, and wholly surrounded by a sand filling;"vent pipe" means a pipe constructed and installed to allow the escape of flammable liquid vapour into the atmosphere.
2. Provision of other by-laws to applyThe provisions of this Chapter must not apply to any land or premises situated outside a township or residential area to which the general public has no right of access and on which the owner or occupier stores or keeps flammable liquids or substances for his own use in agricultural activities.
3. Application of this chapter to existing premisesThe provisions of section 70, 72, 74, 77, 78, 81, 93, 99, 102 (a), paragraphs 9 (a), (b), (c), (e), (f) and (g) of section 133, paragraphs (a) and (c) of section 136 and paragraphs (a) and (d) of section 140 must not apply to any premises now unlawful use for the storage, use or handling of flammable liquids so as to require such premises to be reconstructed, altered or added to, to conform to the provisions of the said section, but where any such premises or part thereof are constructed, altered or added to , such work must be carried out in conformity with the provisions of this Chapter: Provided that on change of control of ownership of any premises in lawful sue for the storage, use or handling of flammable liquids, no renewal of any certificate or registration issued in connection therewith must be made unless and until the provisions of the sections hereinbefore mentioned have been complied with, and the provisions of such section must thereafter apply to such premises.
4. Application for the approval of plans
5. Certificate of registration for storage
6. Supply of flammable liquidsNo person must supply or deliver or cause or permit any flammable liquids to be supplied or delivered-
7. Exemption and requirements: class c flammable liquidsDespite anything "contained in this Chapter-
8. When plans null and voidThe approval by the Council under section 41 of any plans must be null and void if the provisions of this Chapter must not have been complied with within one year after the date of such approval.
9. Conditions of certificate of registration
10. Display of certificate of registrationEvery person to whom a certificate has been issued must cause such certificate to be affixed and maintain in conspicuous position of the registered premises. Such certificate must be maintained at all time in such position and in a legible condition.
11. Renewal of certificate of registrationApplication for the renewal of a certificate of registration must be made not later than the 1st day of December of the year prior to that which such renewal is required, on a form to be provided by the Council and must be accompanied by the prescribed fee as set out in Schedule III hereto. No plans of the premises in terms of section 41 must be required in the case of renewal of a certificate of registration, unless called for by the Council.
12. Transfer of certificate of registration
13. Temporary storage
14. Installation and erection
15. Additions and alterations to registered premises
16. Removal and dismantling
17. Storage, use and handling on registered premises prohibited in certain circumstanceExcept as otherwise provided in this Chapter, no person must store, use of handle, or permit or cause to be stored, used or handled any flammable liquids, on any registered premises-
18. Prohibition of certain actsNo person who stores, uses or handles or causes or permits to be stored, used or handled any flammable liquid on any premises must do or cause or permit to be done any act which tends or is likely to cause fire or explosion.
19. Notice to discontinue dangerous method
20. Flammable liquid escaping into drainsNo person must cause or permit flammable liquid to enter any sewer or inlet or drain communicating with any sewer or any surface water drain.
21. Prohibition against device and pumps in basementsNo person must use or cause or permit to be used in any basement any device for spraying flammable liquid or any pump or other device for the issue or transfer of flammable liquid to vehicles or container.
22. Filling operations
23. Filling on or across public sidewalksNo person must-
24. Replenishing fuel tanksNo person must-
25. Replenishing of public omnibusNo person must replenish or cause or permit to be replenish the fuel tank of any motor omnibus or carry or cause or permit to be carried any flammable liquid on or on any motor omnibus, except in the fuel tank thereof whilst any person other than the driver or person responsible therefore is within or upon such omnibus.
26. Fire appliances
27. Examination of fire appliances
28. Reporting accidentsThe occupier of any premises must immediately report to the Board any fire or accident involving flammable liquid that has occurred in connection with any such premises, where such for or accident has resulted in damage to any property or injury to any person.
29. Rules to be observed on unregistered premises
30. Inspection of premises
31. Taking samplesUpon inspection of any premises by an authorized official of the Council, such official may take samples for the purpose of analysis or examination of any flammable liquid or substance, or of any liquid or substance of being flammable, which is found upon such premises but:-
32. Breach of conditionsAny person who commits any breach of any condition endorsed on an approval noticed issued in terms of subsection (6) of section 41 or on a certificate of registration must be guilty of an offence under these By-laws.
Storage tanks, pumps, pipelines and containers
33. Capacity of underground tanksThe capacity of any underground storage tank must not exceed 23 kl.
34. Construction of tanks
35. Installation of storage tanks
36. Ventilation of underground storage tanksEvery underground storage tank must have a ventilation pipe of not more than 50mm. with an internal diameter of not less than 25mm, which pipe must:-
37. Installation of storage tanks in buildingsNo storage tank must be installed in or below any building which is more than one story high, unless the ceiling above such tank is constructed of reinforced concrete.
38. Abandoned tanksIn the event of any underground storage tank being abandoned, the owner of such tank must cause it to be removed or filled with sand or liquid concrete.
39. Entering of storage tanksNo person must-
40. Position of pumps
41. Pumps on rampsPumps or other devices used or intended to be used for the issue of flammable liquid to motor vehicles or containers must not be erected on any ramp or within 4m of the beginning of the ramp.
42. Dipping on rampsDipping sticks must be made of wood or brass or other non-ferrous metal or alloy.
43. Pump hosesDelivery of flammable liquid from any pump to the fuel tank of any vehicle must be made only through sound hose, have an earthling wire in its construction efficiently attached to the metal of the metal of the pump and to the metal nozzle. Except at an aerodrome or landing ground used by aircraft no hose attached to any such pump must exceed 4,5m in length measured from the pump to the tip of the nozzle.
44. Situation of filling pipes and pumpsEvery filling pipe inlet and every pump must be:-
45. Naked lights and electrical apparatus
46. Maintenance of tanks, pipelines and pumps
47. Construction of portable containersNo person must store or convey or cause or permit to be stored or conveyed in one container any Class A or Class B flammable liquid a quantity exceeding 501 unless such container is constructed of metal not less than l.60 mm thick.
48. Filing of containersNo person must carry on or cause or permit to be carried on the trade, business or occupation of filling containers with Class A or Class B flammable liquid other than in fireproof building used solely or such purpose, or in the open air at a distance of not less than 16m from any fire, flame, naked light or other agency likely to ignite flammable liquid or its vapour.
49. Quantity in containersNo container must be filled with flammable liquid to more than 95 per cent of its capacity.
50. Containers after deliveryNo person taking delivery of any flammable liquid in containers in excess of the quantity stated in section 42 or under circumstances of temporary storage provided in section 50. must cause or permit such containers to remain unattended in any place other than a store or storage tank for a longer period than may be reasonably necessary which, in no circumstances, must exceed a period of 12 hours.
51. Storage of empty containers
52. Repairing of containersNo person must carry out or permit to be carried out any repairing operations to any container until all flammable l liquid and flammable liquid vapours have been removed from such container.
53. Marking of containersNo person must supply or delivery to any person any Class A or Class B flammable liquid in any container of less than 200I capacity unless such containers bears in conspicuous letters the word "flammable" in both official languages.
54.The certificate of registration issued in respect of any store must state the class and maximum quantity of flammable liquid permitted to be kept in such store at any one time.
55. Danger notice on storeNo person must use as such or cause or permit to be used as such any flammable liquid store, unless and until the words "DANGER -FLAMMABLE LIQUID - NO SMOKING OR CARRYING OF MATCHES AND LIGHTERS", in letters not less than 150mm in Height, together with the class and maximum quantity of flammable Liquid allowed to be kept in such store is legibly painted in both Official languages on the outer face of the door of such store. Such Notice must at all times be maintained in such position and in a legible condition
56. Construction and situation of store
57. Lighting of storeAll rights installed must be of the incandescent electric type, which must be enclosed, in an outer flameproof fitting and all wiring must be armoured or enclosed in seamless metal tubes, the junctions of which are screwed together. All switches Junction boxes, fuses and other electrical equipment must be outside the store.
58. Use of storeNo person must:-
59. Unauthorised persons entering storeNo persons must enter any store or cause or permit any store to be entered without the express permission of the occupier or other responsible person in charge of such store:
60. Danger notice at entranceProminent notice boards bearing the words "DANGER -FLAMMABLE LIQUID-NO SMOKING" in letters not less than 150mm. in all languages commonly spoken in the area of the municipality must be erected at all entrances to bulk depots and must at all times be maintained in such position and in a legible condition.
62. Tank distancesAll storage tanks must, in regard to the sizes set out in the first column hereto, be separated from the boundary of the bulk depot and from each other by the distances set out in the bulk depot and from each other by the distances set out in the bulk depot and from each other by the distances set out in the second and third columns hereto respectively;
|Capacity||Distance from boundary||Distance between tanks|
63. Electric motorsNo person must place or cause or permit to be placed any electric motor position where it is likely to come into contact with any flammable liquid or its vapour, unless such motor is of flame-proof construction.
64. Fire appliances
65. Filling of road tank wagonsThe filling of road tank wagon with flammable liquid must not be commenced or carried out at a bulk depot:
66. Starting of engine at filing pointNo person must at a bulk depot start, or cause or permit to be started the engine of a road tank wagon or any mechanically propelled vehicle if such road wagon or vehicle is within 6m of any place filling operations are taking place not under seal or in any place in which such wagon or vehicle comes or is likely to come into contact with flammable liquid or its vapour.
67. Steam engines
68. Admission to depotsNo person must:-
70. Supervision of depotsThe occupier of a bulk depot must ensure that a responsible person, duly authorised thereto, must at all times during working hours be on constant duty at such depot to ensure against fire hazards or other contingencies which may be a danger to life or property and that a reliable watchman is always on duty at the depot after normal working hours.
Transport of flammable liquids
71. Transport permitSave as provided in section 117, no person must use or cause or permit to be used in any vehicle for the delivery of flammable liquid within the Council's area of jurisdiction, unless and until he is in possession of a transport permit issued to him by the Council in respect of such vehicle or a permit issued by any local authority.
72. Issue of transport permit
73. Construction of vehicles
74. Maintenance of vehiclesNo person must use or cause or allow to be used in any public place any vehicle for the transport of flammable liquid, unless such vehicles is maintained in good condition and in proper working order.
75. Openings to tankAll openings to the tanks of any vehicle used for the transport of flammable liquid must be kept securely and effectively closed at all times when not in use.
76. Supervision of wagon by responsible personEvery road wagon must be under the constant supervision of a responsible person during the period such tank wagon is in use as such anywhere other than at a bulk depot.
77. Portion of road tank wagon during delivery operationsNo person must:-
78. Fire extinguishers
79. Agencies likely to ignite flammable liquidsNo person must:-
80. PrecautionsEvery person responsible for or connected in the conveyance of flammable liquid must take all reasonable precautions for the prevention of accident by the fire or explosions and for the prevention of access by any unauthorised person to any container whilst in transit.
81. Restriction of scope of certain by-laws
Dry clening rooms - general
82. Certificate of dry-cleaning room
83. Use of dry-cleaning roomNo dry-cleaning room must be used for any purpose other than that of dry cleaning and purpose reasonably incidental thereto.
84. Installation of machinery
85. BoilersNo boiler, including the chimney thereof, must be installed within 6m of any dry- cleaning room: Provided that the boiler may be installed not nearer than 3m to any dry-cleaning room where there is an unbroken brick or concrete wall between such boiler or its chimney an such room of a height of not less than 450 mm above the top of the boiler and its chimney and not less than 2m above the floor of the dry-cleaning room.
86. Draining machineryAll containers above ground such as washing machines, clarifiers, stills or similar appliances must be drained immediately after the termination of cleaning operations each day.
87. Electrical equipmentNo person must install or cause or permit to be installed in a dry -cleaning room or in any position which comes or is likely to come into contact with flammable liquid or its vapour, any electrical machinery or other electrical apparatus other than:
88. Handling of flammable liquidsThe storage tank must be connected to the dry -cleaning machinery and no flammable liquid must be handled during any cleaning process: Provided that a total quantity not exceeding 20 litres at any time may be handled in one or more containers for the purpose of handwashing or spotting.
89. Danger notice at entranceThe words "DANGER - NO SMOKING" in all languages spoken in the area of the municipality must be prominently displayed in letters not less than 150mm high outside every entrance to every dry-cleaning room and must be at all times be maintained in such positions and in a legible condition
90. Removal of foreign mater and metallic substances from garmentsNo person must dry-clean or cause or permit to be dry-cleaned any article of clothing or other textile unless and until such article has been thoroughly examined and all materials such as matches, metallic substances, metal buttons and other matters which are liable to cause sparks have been removed therefrom.
91. Instruction to employeesThe occupier must cause all person s employed in the dry-cleaning room to be thoroughly instructed as to the hazards involved in the use of flammable liquids and in the handling and method of usage of all f\ire appliances required by these By-laws to he on the premises, and must repeat such instructions quarterly.
92. Unauthorised persons or acts
93. Positions of machineryAll dry-cleaning machinery, such a washing machines, hydros, clarifies, stills and setting tanks , must be situated as near as reasonably possible to the exhaust ducts required by section 135.
94. ShaftingEvery table used for washing or brushing any material with flammable liquid must comply with the following requirements:
95. Portable lampsNo person must take or cause or permit to be taken nay flash lamp or any other light or lamp into any dry-cleaning room except an incandescent electrical lamp or safety lamp which has been fitted with an outer flameproof fitting.
Special provisions where class A and Be flammabel liquids are used for dry-cleaning
96. Construction of dry-cleaning roomsEvery dry-cleaning room must be constructed in accordance with the following requirements:
97. Steam pipes
98. Ventilation of dry-cleaning room
Special provision where class flammable liquids is used for dry-cleaning
99. Constitution of dry-cleaning roomEvery dry-cleaning room must be constructed and maintained in accordance with the following requirement:
100. Ventilation of dry-cleaning
101. Registration of spray room
102. Issue of spray room permitSpray room permit must be granted in respect of any spray room unless and until such room complies with the requirements of these By-laws.
103. Construction of spray roomEvery spray room must be constructed in accordance with the following requirements:
104. Danger notice at entranceThe words "DANGER NO-SMOKING" in all languages spoken in the area of the municipality must be prominently displayed in letters not less than 150mm high outside the entrance to every spry room , and must at all times be maintained in such position and in a clearly legible condition.
105. When permits is not requiredThing contained in sections 138 to 144 inclusive must prohibit the spraying with flammable liquid of any vehicle or article in the opinion air if such spraying is not within a distance of 15m from any fire, open light or other agency likely to ignite such flammable liquid or its vapour.
106. Mixing roomsThe provisions of sections 118, 125, 127, 132 and must apply mutates mutandis to mixing rooms.
107. Provisions where class B flammable liquids are used or handledThe provisions of section 138 must apply mutates mutandis to Class B flammable liquids.
108. Liquefied petroleum gases
109. Gas-filled toys
110. Certificate of registration in respect of storage
111. Application of certificate in registration
112. Conditions of certificate of registration(l)No person must store pr cause or permit to be stored any quantity of carbide on any premises in excess of the amount stated on the certificate of registration relating to such premise.
113. Renewal of certificate of registrationApplication for the annual renewal of a certificate of registration must be made not later than 15th day of November of the year prior to that for which such renewal is required, on a form to be provided by the Council, and must be accompanied by the charges prescribed in Section III hereto. No plans premises in terms of section 148 must be required in the case of a renewal of registration, unless called for the discretion of the Council.
114. Transfer of certificate and registration
115. Additions and alterations to registered premisesNo additions or alterations to any existing registered premises must be made unless and until a plan prepared must have been submitted to and approved by the Council in writing.
116. Fire appliancesThe person to whom a certificate of registration has been issued must install or cause to be installed in the premises to which such certificate refers, in an easily accessible and visible position on a wall or other suitable position not less than lm above the level of the floor of the premises, 6 fire buckets filled with dry sand, of a capacity of 91 each, painted red with word "FIRE" in all languages spoken in the area of the municipality painted in while and legibly maintained thereon, in terms of the provisions of Chapter 2.
117. Rules to be observedA person must store or cause or permit to be stored any carbide on any premises whether or unregistered, unless such carbide is stored:-
118. Inspection of premises
119. Construction of storeEvery store,room or building used for the storage of carbide in excess of 200 kg must:-
120. Danger notice on storeNo person must use or cause or permit to be used any store, room or building or for the storage or carbide in excess of 900 kg unless and until the words "DANGER-CARBIDE" in letters not less than 150mm in height are legibly painted in both official languages on the outer face of the door of such store, room or building. Such notice must at all times be maintained in such positions in a legible condition.
121. PurityNo person must store, use, sell or expose for sale any carbide which is not commercially pure; Provided that no carbide containing any impurity liable to generate phosphorated or silicuretted hydrogen in such quantities as to render the gas generated likely to ignite spontaneously, must be considered to be commercially pure for the purpose of this section.
122. Seizure and removal of carbideWhere any authorised officer of the Council has reasonable cause to believe that any storage of carbide to the contrary provisions of these By-laws, he may seize and detain such carbide and may either require the owner or occupier or, failing their presence on the premises, any other person employed thereon to detain the carbide in those premises or in any other premises under his control, or he may remove it in such manner and to such premises as will, in his opinion, least endanger the public safely, and there detain it or take such other measures as may be necessary' for the protection of the public/
121. Breach of conditionsAny person who commits any breach of any condition endorsed on the approval notice or certificate of registration issued in terms of these By-laws,must be guilty' of an offence in terms of these By-laws.
122. PenaltiesAny person contravening any provision of this chapter is guilty of an offence and liable, on conviction:-
123. Repeal of by-lawsThe provisions of any By-laws relating to flammable liquids and other substances by the Municipality are repealed insofar as they relate to matters provided for in these By-laws.
124. Short titleThese By-laws are called By-laws for Flammable Liquids and other Substances
History of this By-law
27 February 2009 this versionPublished in Eastern Cape Provincial Gazette no. 2042By-law commences.