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Mbizana
South Africa
South Africa
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
- [Up to date as at 16 November 2020]
1. Definitions
For 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 apply
The 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 premises
The 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 liquids
No person must supply or deliver or cause or permit any flammable liquids to be supplied or delivered-(a)to any premises in excess of the quantities specified in section 42, the occupier of which is not in possession of a certificate of registration issued in terms of these By-laws in respect of the said premises;(b)to any premises in excess of the amount specified on the certificate of registration relating to such premises.7. Exemption and requirements: class c flammable liquids
Despite anything "contained in this Chapter-(a)flammable liquid must not be deemed to be stored or conveyed or transported when contained in the fuel tank of a motor vehicle or stationary engine in normal use as such;(b)any person may keep varnish, lacquer, vulcanizing cement or similar substances which are flammable on any premises where-(i)such substances are entirely contained unsealed metal containers;(ii)no container is opened on such premises except in the open air or in a store as defined in section 38;but :-(a)where lkl or more of such substances are kept in any room or building-(i)such room or building must be constructed of non flammable material;(ii)fire appliances must be installed to the satisfaction of the Chief fire officer;(b)where the total quantity of such substances is in excess of 5 kl, such excess quantities must be kept in a separate nonflammable room or building in a store as defined in section 38 but-(i)where the total quantity of such substance is greater than 25 kl, but such quantity does not exceed 5 kl above such 25 kl such excess quantity must be kept as provided in proviso (a)(i) hereof;(ii)where the total quantity of such substances is greater than 25 kl such excess quantity must be kept as provided in proviso (c), hereof;(c)where such room or building is situated in an area outside the area described in Schedule III hereto, 25 kl of such substances may be kept in such room or building, which must be constructed in such manner and surrounded by walls or bunds of such a character that the substances contained in such room or building cannot escape there from, such walls or bunds to be of sufficient capacity to contain not less than 75 per cent of the maximum quantity capable of being stored therein.8. When plans null and void
The 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 registration
Every 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 registration
Application 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 circumstance
Except 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-(a)where such flammable liquid or its vapour comes or its likely to come into contact with any fire, flame, naked lights or other agency likely to ignite such flammable liquid or its vapour;(b)unless such premises are so situated or constructed or so protected by surrounding walls as not to expose any adjoining premises, roof, building, or other property to the risk of danger from fire;(c)so situated as to prevent or impede the escape of any person or animal in the case of fire or otherwise;(d)unless all equipment and apparatus used in such premises for the storage, use of handling of flammable liquid is maintained in good and proper order and free from leakage of flammable liquid;(e)unless such person has taken all due precautions for the prevention of accidents by fire or explosion on such premises, and for the prevention of unauthorized person, obtaining access to the flammable liquid kept thereon.18. Prohibition of certain acts
No 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 drains
No 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 basements
No 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 sidewalks
No person must-(a)take on or across any public sidewalk or cause or permit to be so taken the hose of a pump for the purpose of replenishing any vehicles or containers with flammable liquid;(b)so replenish or cause permit to be so replenished any vehicles container which is standing on any public sidewalk.24. Replenishing fuel tanks
No person must-(a)upon registered premises strikes a match or smoke a pipe, cigar or cigarette or ignite a petrol lighter or other similar contrivance or approach with any fire, flame, naked light or other agency likely to ignite flammable liquid or its vapour within a distance of 3m of any fuel tank of any motor vehicle such full tank is being replenished or is open;(b)replenish or permit to be replenished any such fuel tank with the engine of such motor vehicle is in motion.25. Replenishing of public omnibus
No 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 accidents
The 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 samples
Upon 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:-(a)any sample so taken must be taken in the presence of the owner, occupier or other person in charge, as the case may be;(b)the owner, occupier or other person in charge may require the member or servant taking the sample to divide it into two parts and to mark, seal and deliver to him one such part.32. Breach of conditions
Any 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 tanks
The 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 tanks
Every 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:-(a)be carried up to a height of not less than 4m into the open air;(b)have the upper end protected with a non-corrodible wire gauze of not less than 600 microns and which is secured in such a manner that such gauze may be removed for examination and cleaning;(c)terminate at least 6m away from any fire, flame or naked light or other agency likely to ignite flammable liquid or its vapour.37. Installation of storage tanks in buildings
No 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 tanks
In 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 tanks
No person must-(a)enter or cause or permit any person to enter any storage tank which contained flammable liquid until such tank has been totally freed from any flammable liquid vapour, unless such person is wearing an efficient gas mask;(b)enter any storage tank at any time unless he is bound to a lifeline which at surface level is under the control of a reliable person continuously responsible for the safety of the person in the storage tank.40. Position of pumps
41. Pumps on ramps
Pumps 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 ramps
Dipping sticks must be made of wood or brass or other non-ferrous metal or alloy.43. Pump hoses
Delivery 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 pumps
Every filling pipe inlet and every pump must be:-(a)at surface level;(a)installed in such position that it will not impede the escape of any person or animal from the premises in the case of fire;(c)so situated or protected by surrounding walls as not to expose adjoining property to the risk of danger from fire during any filling operation or otherwise45. Naked lights and electrical apparatus
46. Maintenance of tanks, pipelines and pumps
47. Construction of portable containers
No 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 containers
No 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 containers
No container must be filled with flammable liquid to more than 95 per cent of its capacity.50. Containers after delivery
No 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 containers
No 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 containers
No 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 store
No 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 condition56. Construction and situation of store
57. Lighting of store
All 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 store
No person must:-(a)se any store or cause or permit such store to be used for any purpose other than the storage of flammable liquid, oils or their containers;(b)engage in or cause or permit any other person to be engaged in any store unless all the doors of the store are fully open and kept entirely unobstructed.59. Unauthorised persons entering store
No 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:Bulk depots
60. Danger notice at entrance
Prominent 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.61. Storage
62. Tank distances
All 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 | |
Kilolitres | Metres | Metres | |
Up to | 55 | 6 | 1 |
Up to | 85 | 7,5 | 1 |
Up to | 110 | 9 | 1,5 |
Up to | 140 | 10 | 3 |
Up to | 220 | 12 | 4,5 |
Up to | 350 | 13 | 5,5 |
Up to | 455 | 15 | 6 |
Up to | 910 | 15 | 7,5 |
Up to | 2300 | 15 | 8 |
Up to | 4550 | 15 | 12 |
Over | 4500 | 15 | 15 |
63. Electric motors
No 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 wagons
The filling of road tank wagon with flammable liquid must not be commenced or carried out at a bulk depot:(a)at a lesser distance than 8m from any storage tank or building above ground or boundary or such depot;(b)unless and until all pipes have been efficiently earthed;(c)unless good and sufficient metallic contact has been made and is maintained between such wagon and the metal pipeline to prevent the building up of a static charge of electricity on such wagon.66. Starting of engine at filing point
No 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 depots
No person must:-(a)enter any bulk depot without the express permission of the occupier or the person authorised by the occupier to be in charge of such depot;(c)enter any bulk depot while in possession of any matches, cigarette lighter or similar contrivance;(d)commit any act which is liable or calculated to cause fire or explosion or its contents.70. Supervision of depots
The 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 permit
Save 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 vehicles
No 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 tank
All 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 person
Every 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 operations
No person must:-(a)cause or permit a road tank wagon to stand on or across any public footpath during delivery operations.;(b)place the hose or cause or permit the hose to be placed across such footpath during such operations;(c)cause or permit a road tank wagon to reverse into or off any premises befote or after delivery operations to such premises.78. Fire extinguishers
79. Agencies likely to ignite flammable liquids
No person must:-(a)bring or cause or permit to be brought any fire, flame or other agency likely to ignite flammable liquid or its vapour within 3m of any vehicle in which flammable liquid is transported;(b)carry or cause or permit to be carried any matches, cigarette lighter or similar contrivance on ay vehicle used for the transport of flammable liquid;(c)while in attendance on such vehicle smoke or permit any other person thereof to smoke during the transport of flammable liquid or the filling of such vehicle with flammable liquid or the discharge of such liquid there from;(d)smoke within 3m of such vehicle during the filling of such a vehicle with flammable liquid or the discharge of such there from or while in attendance thereon permit any other person so to smoke.80. Precautions
Every 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 room
No 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. Boilers
No 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 machinery
All 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 equipment
No 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:(a)an incandescent electric lamp enclosed in an outer flame-proof fitting,(b)electric wires protected throughout by seamless metal tubes, the joint of which are screwed together;(c)one electrical push-button switch of flameproof construction which must be situated not less than l.45m above the level of the floor and which must be so constructed an connected as to be of use in the case of an emergency to stop the machinery;(d)electric of flame-proof construction.88. Handling of flammable liquids
The 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 entrance
The 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 condition90. Removal of foreign mater and metallic substances from garments
No 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 employees
The 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 machinery
All 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. Shafting
Every table used for washing or brushing any material with flammable liquid must comply with the following requirements:(a)such table must be provided with a liquid tight tip with a curb on all sides not less than 25mm high.(b)The top of such table must be so pitched as to ensure thorough draining by a pipe of not less than 25mm diameter directly connected to an underground tank through a trap which must prevent the return of vapour.(c)Metal tops must be effectively electrically earthed.(d)Such table must be so secured to the floor or wall as not to disturb the electrical earth lead and drain connections.95. Portable lamps
No 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 rooms
Every dry-cleaning room must be constructed in accordance with the following requirements:(a)the walls must be constituted of brick orooncrete or similar suitable material, the floor of concrete or other impervious material and the roof of fireproof material.(b)all windows must e constructed of brick or concrete similar suitable material, the floor of concrete of other impervious material and the roof of fireproof material.(c)all doors and door frames must of metal and the doors must have all-round overlap of 25mm or more and must not be less than t3mm in thickness.(d)a sill concrete at least 150mm in height must be erected across all door openings at surface level or the floor of the room must be 150mm below adjacent surface level.(e)the dry -cleaning room must be situated not closer than 1,5m to any public thoroughfare or adjacent building unless the wall or walls which are exposed to such thoroughfa re or building are constructed without openings: Provided that not more than tow sides of any dry-cleaning room must be without openings.(f)there must be provided at least two doors opening outwards directly into the open air. Such doors must be so situated and at such a distance from each other as to allow the free and unimpeded escape of the persons within the dry-cleaning room through either door in the case of fire or other danger.(g)cleaning room must have any opening into any other room or building; Providers that subject to compliance with the conditions hereunder set out, any room used or intended to be used solely for the purpose of drying materials which have been cleaned or treated with flammable liquid, may be constructed under the same roof the dry-cleaning room:(i)such drying room must be separated from the dry cleaning room by wall constructed of non-combustible material; and(ii)the entrance to such drying room must e provided with meta door an frame(h)no dry-cleaning room must be situated below or above any other room or building.(i)every dry-cleaning room must be maintained at all in accordance with provisions of this section97. Steam pipes
98. Ventilation of dry-cleaning room
Special provision where class flammable liquids is used for dry-cleaning
99. Constitution of dry-cleaning room
Every dry-cleaning room must be constructed and maintained in accordance with the following requirement:(a)The walls must be constructed of brick or concrete or other similar suitable material and the floor of concrete or other impervious material and the roof of fire proof material.(b)A sill of concrete at least 150mm in height must be erected across all door openings at surface level or the floor of the room must be 150mm below the adjacent surface level.(c)There must be provided at least two doors opening outwards directly into the open air. Such doors must be so situated and at such a distance from each other as to allow free and unimpeded escape of persons within the dry-cleaning room through either in the case of fire or other danger.(d)No dry-cleaning room must be situated below or above any other room or building: Provided that a room or building may be constructed above a dry -cleaning room, if such room or building is not used as a habitable room and is provided with adequate means of escape to the satisfaction of the chief fire officer.100. Ventilation of dry-cleaning
Spray rooms
101. Registration of spray room
102. Issue of spray room permit
Spray 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 room
Every spray room must be constructed in accordance with the following requirements:(a)Non-combustible materials only must be used in construction thereof.(b)There must be installed an exhaust method of ventilation such as will adequately remove vapours from, and be capable of changing the air in the spraying room at least 30 times every hour.(c)Where a spray room is subdivided into spray booths as described in paragraph (d), each such booth must be ventilated in accordance with paragraph (b).(d)Where a part of whole of any spray room is subdivided by partitions into separate compartments or booths (herein after described as spray booths) such spray booth must be constructed of metal of other non-combustible material.(e)All exhaust vents leading from spray rooms or spray booths must be so designed and constructed that all vapours are expelled into open air at a point of not less than 4m above the level of the ground and at a distance of not less than 5m from the opening of any building and such vent must be constructed of non-flammable material.(f)All ventilation inlets and outlets must be so placed as t effect a continuous and complete change of air within any such room or spray booth. The ventilation inlets must be substantially equivalent to the exhaust capacity provided in terms of Chapter. The ventilation or spraying must be so arranged that all flammable liquid vapours must pass as near as reasonably possible directly into the ventilation outlets.(g)The blades of any fan used in the spray room must be of non-ferrous metal.(h)No electrical equipment must be installed in the spraying room other than:-(i)incandescent electric lamps in outer flame proof fittings;(ii)electric wires protected throughout by seamless metal tubes, the joints of which are screwed together;(iii)electrical apparatus of flame-proof construction used for ventilating purposes;(i)The spray rooms, fans and vents must be kept clean and free from flammable deposits and all flames and vents must be kept in proper working order at all times and any scraping necessary to comply with the provisions of this subsection, must be carried out with non-ferrous instruments;(j)All drums, cans or similar vessels containing flammable liquids or substances or which have contained the same and have not been degassed or otherwise rendered harmless, must be kept securely closed when not in use and must, after the contents have been used, be removed from the spray room and stored in such a place that, in the opinion of the chief fire officer, they are not likely to cause danger or obstruction or obstruct or impede the escape of safely of persons or similar in the event of fire.104. Danger notice at entrance
The 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 required
Thing 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 rooms
The 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 handled
The provisions of section 138 must apply mutates mutandis to Class B flammable liquids.108. Liquefied petroleum gases
109. Gas-filled toys
Carbide
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 registration
Application 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 premises
No 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 appliances
The 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 observed
A person must store or cause or permit to be stored any carbide on any premises whether or unregistered, unless such carbide is stored:-(a)in such a position that it is not in dangerous proximity to any fire, flame, open light or other agency likely to ignite flammable or explosive gas;(b)in a dry and well ventilated position;(c)in such a position that is the case of fire or explosion, the escape of persons or animals from such premises will not be prevented or impeded:(d)in closed metal containers.118. Inspection of premises
119. Construction of store
Every store,room or building used for the storage of carbide in excess of 200 kg must:-(a)be substantially constructed of non-combustible material;(b)be of such construction and condition that all the contents thereof must be maintained in a dry condition;(c)adequately ventilated to prevent the accumulation therein of flammable or explosive gas;(d)be so situated that any gases which may be discharged therefrom are not likely to come into contact with any fire, flame, open light or to other agency likely to ignite flammable or explosive gas;(e)have no opening into or communication with any other room or building in with person reside or which is used for public assembly or stabling of animals;(f)be so constructed and situated that there is no possibility of danger from any fire, flame, open or other agency likely to ignite flammable or explosive gas;(g)be situated at ground level:Provided that any such store, room or building used for the storage of carbide in excess of 200 kg, unless situated at a distance of not less than 30m from any other building, must be constructed of brick or concrete and with a roof constructed of non-combustible material and must have no opening into or communication with any other room or building.120. Danger notice on store
No 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. Purity
No 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 carbide
Where 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 conditions
Any 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. Penalties
Any person contravening any provision of this chapter is guilty of an offence and liable, on conviction:-(a)to a fine not exceeding Rl00 or, in default of payment, imprisonment for a period not exceeding six months or to imprisonment for a period not exceeding six months without the option of a fine; and(b)in the case of successive or continuing offence, to a fine not exceeding R10 for every day such offence continues, or in default of payment, to a fine or in default of payment, to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.123. Repeal of by-laws
The 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 title
These By-laws are called By-laws for Flammable Liquids and other Substances- Entire By-law
- 1. Definitions
- 2. Provision of other by-laws to apply
- 3. Application of this chapter to existing premises
- 4. Application for the approval of plans
- 5. Certificate of registration for storage
- 6. Supply of flammable liquids
- 7. Exemption and requirements: class c flammable liquids
- 8. When plans null and void
- 9. Conditions of certificate of registration
- 10. Display of certificate of registration
- 11. Renewal of certificate of registration
- 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 circumstance
- 18. Prohibition of certain acts
- 19. Notice to discontinue dangerous method
- 20. Flammable liquid escaping into drains
- 21. Prohibition against device and pumps in basements
- 22. Filling operations
- 23. Filling on or across public sidewalks
- 24. Replenishing fuel tanks
- 25. Replenishing of public omnibus
- 26. Fire appliances
- 27. Examination of fire appliances
- 28. Reporting accidents
- 29. Rules to be observed on unregistered premises
- 30. Inspection of premises
- 31. Taking samples
- 32. Breach of conditions
- 33. Capacity of underground tanks
- 34. Construction of tanks
- 35. Installation of storage tanks
- 36. Ventilation of underground storage tanks
- 37. Installation of storage tanks in buildings
- 38. Abandoned tanks
- 39. Entering of storage tanks
- 40. Position of pumps
- 41. Pumps on ramps
- 42. Dipping on ramps
- 43. Pump hoses
- 44. Situation of filling pipes and pumps
- 45. Naked lights and electrical apparatus
- 46. Maintenance of tanks, pipelines and pumps
- 47. Construction of portable containers
- 48. Filing of containers
- 49. Quantity in containers
- 50. Containers after delivery
- 51. Storage of empty containers
- 52. Repairing of containers
- 53. Marking of containers
- Section 54.
- 55. Danger notice on store
- 56. Construction and situation of store
- 57. Lighting of store
- 58. Use of store
- 59. Unauthorised persons entering store
- 60. Danger notice at entrance
- 61. Storage
- 62. Tank distances
- 63. Electric motors
- 64. Fire appliances
- 65. Filling of road tank wagons
- 66. Starting of engine at filing point
- 67. Steam engines
- 68. Admission to depots
- 70. Supervision of depots
- 71. Transport permit
- 72. Issue of transport permit
- 73. Construction of vehicles
- 74. Maintenance of vehicles
- 75. Openings to tank
- 76. Supervision of wagon by responsible person
- 77. Portion of road tank wagon during delivery operations
- 78. Fire extinguishers
- 79. Agencies likely to ignite flammable liquids
- 80. Precautions
- 81. Restriction of scope of certain by-laws
- 82. Certificate of dry-cleaning room
- 83. Use of dry-cleaning room
- 84. Installation of machinery
- 85. Boilers
- 86. Draining machinery
- 87. Electrical equipment
- 88. Handling of flammable liquids
- 89. Danger notice at entrance
- 90. Removal of foreign mater and metallic substances from garments
- 91. Instruction to employees
- 92. Unauthorised persons or acts
- 93. Positions of machinery
- 94. Shafting
- 95. Portable lamps
- 96. Construction of dry-cleaning rooms
- 97. Steam pipes
- 98. Ventilation of dry-cleaning room
- 99. Constitution of dry-cleaning room
- 100. Ventilation of dry-cleaning
- 101. Registration of spray room
- 102. Issue of spray room permit
- 103. Construction of spray room
- 104. Danger notice at entrance
- 105. When permits is not required
- 106. Mixing rooms
- 107. Provisions where class B flammable liquids are used or handled
- 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
- 113. Renewal of certificate of registration
- 114. Transfer of certificate and registration
- 115. Additions and alterations to registered premises
- 116. Fire appliances
- 117. Rules to be observed
- 118. Inspection of premises
- 119. Construction of store
- 120. Danger notice on store
- 121. Purity
- 122. Seizure and removal of carbide
- 121. Breach of conditions
- 122. Penalties
- 123. Repeal of by-laws
- 124. Short title
History of this By-law
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27 February 2009 this version
Published in Eastern Cape Provincial Gazette no. 2042By-law commences.
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