Act 99 1987 PDF
Act 99 1987 PDF
Act 99 1987 PDF
.GOVERNMENT·. GAZETTE
OF THE REPUBLIC OF SOUTH AFRICA
·STAATSKOERANT
Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer
ACT
To provide for the establishment, maintenance,, employment, co-
ordination and standardization of fire brigade services; and
for matters connected therewith.
Fire Brigade 2. (1) There is hereby established a board known as the Fire
Board. Brigade Board, to perform the functions assigned to it in terms
of this Act. ' 35
(2) The Board shall consist of-
(a) One person designated by the Minister, who shall be
the chairman;
(b) four persons designated by the South African Fire Ser-
vices Institute; 40
(c) three persons designated by the Co-ordinating Council
established by section 2 of the Promotion of Local
Government Affairs Act, 1983 (Act No. 91 of 1983);
(d) one person designated by the Director-General: Mine-
ral and Energy Affairs to represent the petrochemical 45
industries; · ·
(e) one person designated by the Director-General of the
South African Bureau of Standards;
(f) one person designated by the President of the Council
for Scientific and Industrial Research; 50
(g) one person designated by the Chief of the South Afri-
can Defence Force;
(h) one person designated by the Director-General: Trans-
port;
(i) one person 'designated by the General Manager of the 55
South African Transport Services;
(j) one person designated by the Director-General: Fi-
nance;
(k) one town clerk designated by the Institute of Town
Clerks of Southern Africa; 60
(l) one person designated jointly by the four provincial
secretaries of the provinces; and ·
(m) not more than three persons designated by the Minis-
ter.
(3) The quorum for and Uie procedure at a meeting of the 65
Board shall be determined by the Board.
(4) The administrative work arising from the performance of
the functions of the Board under this Act shall be performed by
6 No.11006 GOVERNMENTGAZETIE, 23 OCTOBER 1987
this Act was in the service of a local authority as a chief fire offi-
cer in terms of a law which is repealed by this Act shall be
deemed to have been appointed in terms of subsection (1).
Members of ser- 6. (1) A controlling authority may appoint any person who
vice. possesses the prescribed qualifica.tions and expenence, as a 5
member of its service to perform such functions as may be as-
signed to him by the chief fire officer: Provided that a control-
ling authority may, after due consideration of the peculiar cir-
cumstances of a specific case, appoint any person who does not
possess the prescribed qualifications and experience as a mem- 10
ber of its service subject to the general conditions determined by
theBoard. ·
(2) A person who immediately prior to the commencement of
this Act was employed as a member of a service of a local auth-
ority in terms of a law which is repealed by this Act, shall be 15
deemed to have been appointed in terms of subsection (1).
Training institu- 7. (1) The Minister may after consultation with the Training
tions. Board established by sectiOn 2 of the Local Government Train-
ing Act, 1985 (Act No. 41 of 1985), and the Board which has
· consulted with the service or other institution concerned- 20
(a) by notice in the Gazette declare such a service or other
institution as a training institution at which the pre-
scribed qualifications of a chief fire officer or a member
of a service may be obtained; and ·
(b) take such steps or cause such steps to be taken as he 25
may deem necessary or expedient for the proper con-
trol, management and development of, or for the ex-
tention of the training facilities at, such training institu-
tion.
(2) Whenever a member of a service with the approval of his 30
employer attends a course at such training institution, that em-
ployer shall pay to the training institution the costs of such at-
tendance according to a tariff determined by the training institu-
tion concerned.
Salvaging of mov- 9. (1) A chief fire officer may in the performance of his func-
able property. tions salvage, or remove and place in safe custody, any movable 60
property which in his opinion is in danger. ··
(2) Any costs incurred by or at the request of a chief fire offi-
cer for the purposes contemplated in subsection (1), may be re-
covered from the owner or possessor of the property in ques-
10 No.11006 GOVERNMENTGAZE1TE, 23 OCfOBER 1987
Minister may auth- .13. The Minister may, after consultation with the Board, by
orize persons. notice in the Gazette declare that a category _of persons in the
service of the State or a controlling authority may by virtue.of
their offices perform the prescribed functions in order to.ensure 45
that the obje.cts of this Act are achieved. · ··
Regulations. 15. (1) The Minister may, after consultation with the Board,
make regulations which are not contrary to this Act or any other
law- · ·
(a) regarding 'any matter which may or shall be prescribed
in terms ofthis Act; · 5
(b) regarding the organization and procedure for the em-
ployment of a service of a controlling authority;
(c) regarding the uniforms, insignia and identification of
members of a service of a controlling authority;
(d) regarding the safety requirements to be complied with 10
on premises in order to reduce the risk of a fire or
other danger, or .to facilitate the evacuation of the
premises in the event of such danger;
·(e) regarding the use, manufacture, storage or transporta-
tion of explosives, fireworks, petroleum or any other 15
inflammable or combustible substance or gas;
· (f) regarding the specifications and standa~ds with which
the equipment and material of a service shall comply;
and ·
(g) regarding any matter which he may deem necessary or 20
expedient in order to achieve the objects of this Act.
(2) A regulation regarding the qualifications and experience of
a chief fire officer, and of a member of a service, of a controlling
authority which is a department of State, shall not be made with-
out consultation with the Minister responsible for the depart- 25
ment of State concerned. .
(3) The Minister may after consultation with the Board incor-
porate in the regulations any code of practice issued under sec-
tion 18 of the Standards Act, 1982 (Act No. 30 of 1982), by
means of a mere reference to particulars by which it can be iden- 30
tified, and thereafter the code of practice shall in so far as it is
not repugnant to this Act be deemed to be part of the · regu-
lations. · · '
(4) (a) A regulation contemplated in this section shall not be
made before the proposed regulation has been publish- 35
ed in' the Gazette together with a notice calling upon in-
terested persons to lodge any objections they may have
against it in writing to the Minister within the period
mentioned therein and that period has expired.
(b) The provisions of paragraph (a) shall not apply to any 40
amendment effected by the Minister with the concur-
rence of the Board to the proposed regulations as a re-
sult of objections received in terms of that paragraph.
(5) Aregulation made under this section may, in respect of a
contravention thereof or a failure to comply therewith, provide 45
for a punishment of a fine not exceeding R10 000 or of im-
prisonment for a period not exceeding 12 months.
By-laws. 16. (1) A local authority may, after, consultation with the
Board, and subject to the provisions of any law applicable to the
local authority in relation to the promulgation of by-laws, make 50
by-laws which are not contrary to any law, for its area of juris-
. diction regarding any matter which it may deem necessary or ex-
pedient in order to employ its service effectively.
(2) The Administrator may after consultation with the Board
make. by-laws which are not contrary to any law, regarding any 55
matter referred to in subsection (1), and such by-laws shall apply
in the. area of jurisdiction of every local authority in the province
concerned in so far as they are applicable and not inconsistent
with the by-laws of the l<:>cal authority concerned.
(3) A by-law contemplated in subsection (1) or (2) may in re- 60
spect of a contravention thereof or failure to comply therewith
provide for a punishment of a fine not exceeding R5 000 or of ·
imprisonment for a period not exceeding six months.
\
16 No.11006 GOVERNMENTGAZETIE, 23 OCTOBER 1987
Failure to comply 17. (1) If a person, including a local authority and a depart-
with requirements. ment ofState, fails to comply with a requirement, standard or
direction determined or issued under this Act or the regulations
contemplated in section 15, the Administrator may by written
notice direct a local authority, and the Minister may by written 5
notice direct any other person, to comply with the requirement,
standard or direction within the period mentioned therein.
(2) If such a person fails to give effect to such a notice, the
Administrator or Minister, as the case may be, may cause steps
to be taken in order to comply with the requirement, standard 10
or direction on behalf of the person concerned and to recover
the costs in connection therewith from that person.
(3) A direction referred to in subsection (1) shall not be issued
before consultation with the local authority or person con-
cerned, as the case may be. 15
Enforcement of 18. (1) A chief fire officer may at any reasonable time enter
provisions. any premises in the area of the controlling authority concerned
in order tq determine whether the provisions contemplated in
sections 15 (1) (a), (d), (e) and (g) and 16 are being complied
with. 20
(2) If the chief fire officer finds that such provisions are not be-
ing complied with, he may issue to the owner of those premises
a written instruction to comply with the provisions in question
within the period mentioned therein.
(3) If an instruction contemplated in subsection (2) is not car- 25
ried out within the period mentioned therein, the controlling
authority concerned may cause the necessary steps to be taken
in order to comply with the provisions in question on behalf of
the owner concerned and to recover the costs in connection
therewith from the owner. 30
(4) For the purposes of this section "owner" means the regis-
tered owner of the premises or in relation to a sectional title
scheme, the body corporate established in terms of the Sectional
Titles Act, 1986 (Act No. 95 of 1986).
Delegation. 19. (1) A chief fire officer may- 35
(a) delegate any power granted to him by or under this
Act, the regulations contemplated in section 15 or the
by-laws contemplated in section 16, excluding the pow-
er referred to in this section, to a member of the ser-
vice concerned; and 40
(b) grant authority that a duty so assigned to him may be
performed by such a member.
. (2) A power so delegated and a duty so authorized shall be
exercised or performed subject to the directions of the chief fire
officer, who may at any time withdraw such delegation or auth- 45
ority.
. (3) A delegation under subsection (1) (a) does not prevent the
chief fire officer from exercising the power in question himself.
Indemnity. 20. Subject.to the proviso to paragraph (e) of section 8 (1), a
controlling authority, chief fire officer or member of a service of 50
a controlling authority or an .inhabitant referred to in section 8
(2) shall not be liable for any damage or loss as a result of bodily
injury, loss of life or loss of or damage to property which is
caused by or arises out of or in connection with anything done or
performed bonafide in the exercise or performance of apower, 55
function or duty conferred or imposed in terms of this Act, the
regulations contemplated in section 15 or the by-laws contem-
plated in section 16. ·
Offences. 21. Any person' who- . '
(a) intentionally resists or obstructs a member of a service, 60
including a chief fire officer, in the exercise of his
powers referred to in section 8 (1); .
(b) refuses or fails to comply with an order contemplated
in section 14 (1); . .
18 No.ll006 GOVERNMENT GAZETTE, 23 OCTOBER 1987
Schedule