Fire Compliance in Ekurhuleni: What Every Business Must Know

Q: Do I need a Certificate of Fitness for my business in Ekurhuleni?

Yes, if your premises are used as a public building — any building where people gather for performances, sport, entertainment or similar activities. A Certificate of Fitness must be obtained from the Chief Fire Officer, displayed prominently at all times, and renewed annually. A-type occupancy buildings may qualify for a five-year certificate.

Q: How often must fire-fighting equipment be serviced in Ekurhuleni?

At least once every 12 calendar months, by a registered, SABS-approved person in accordance with SANS 10105 and SANS 1475. Service records must be kept and made available to the Chief Fire Officer on request.

Q: What quantities of dangerous goods require a Certificate of Registration?

It depends on the group. For example, flammable liquids with a flash point below 18°C require registration above 100L. Flammable gases require registration above 100kg cylinder capacity. Group I (explosives) and Group VII (radioactive materials) have no exemption — registration is always required regardless of quantity.

Q: What is the penalty for fire non-compliance in Ekurhuleni?

Under Section 48 of the EMM Emergency Services By-Laws, any contravention is a criminal offence. On conviction, the offender is liable to a fine not exceeding R5,000 or, in default of payment, imprisonment for up to six months. Designated officers can also issue spot fines and warrants of arrest.

Q: What must an Emergency Evacuation Plan include?

The EEP must contain emergency telephone numbers, general premises information, an area study (including incident history), details of all fire and first-aid equipment, staff roles and responsibilities, action plans, building layout plans with escape routes, a drill register and a bomb threat questionnaire. It must be reviewed at least annually and all staff must participate in drills.

Q: Can a fire inspection happen without prior notice?

Yes. Any designated officer may enter any premises at any reasonable time to conduct inspections for fire hazards, dangerous goods or other risks. You are not entitled to prior notice. This is why ongoing, proactive compliance is essential — not reactive compliance triggered by an inspection notice.

Fire compliance in Ekurhuleni is governed by the Ekurhuleni Metropolitan Municipality (EMM) Emergency Services By-Laws, in force since 22 February 2006. Every property owner and occupier must maintain SABS-approved fire equipment, hold valid Certificates of Fitness or Registration, and comply with written instructions from a designated fire officer. Non-compliance is a criminal offence — fines up to R5,000 per contravention, or up to six months’ imprisonment.

Designated officers can enter any premises without notice. This guide breaks down every major obligation under the by-laws, so you know exactly where you stand.

Who Bears Legal Responsibility for Fire Compliance in Ekurhuleni?

The by-laws draw a clear legal distinction between owners and occupiers. An owner is the registered owner of any land or premises — including bodies corporate in sectional title schemes and, in deceased or insolvent estates, the executor or curator respectively. An occupier is any person who occupies or exercises control over premises. Both carry obligations. Both can be prosecuted.

Owners are legally required to:

Ensure all fire-fighting equipment and service installations are maintained in good working order by a competent, SABS-registered person in accordance with SANS 10105 and SANS 1475.
Keep a comprehensive service record of all fire-fighting equipment on premises and submit it to a designated officer on request.
Apply in writing for a Certificate of Fitness before any public building or temporary structure is used for gatherings.
Submit plans in triplicate to the Chief Fire Officer before any construction, addition, alteration or change in floor layout affecting fire safety or dangerous goods storage.
Display the correct street number — at least 75mm high — clearly visible from the street boundary at all times.
Notify the Chief Fire Officer in writing of intended measures and a remediation programme wherever a fire risk is found that cannot be rectified immediately.

Occupiers are legally required to:

Immediately report any fire, accident or dumping of dangerous goods on premises to the Chief Fire Officer.
Maintain fire-fighting equipment, mitigating agents and service installations in a readily accessible state at all times — any obstruction constitutes an offence.
Comply with all written instructions and fire protection directives issued by designated officers within specified deadlines.
Prepare and maintain a compliant Emergency Evacuation Plan within 30 days of premises being designated by the Chief Fire Officer.
Ensure grass, weeds, shrubs and other vegetation on premises does not become a fire hazard to adjacent properties.

Important: Any designated officer may enter your premises at any reasonable time without prior notice to conduct fire, dangerous goods or hazard inspections. Written instructions issued following an inspection carry a legally binding compliance deadline.

What Certificates, Permits and Registrations Do You Need?

Three critical documents govern fire compliance for most commercial, industrial and public premises in Ekurhuleni. Each has strict conditions, mandatory renewal obligations, and serious consequences for operating without a valid document.

Certificate of Fitness

Required for all public buildings and temporary structures used for public gatherings. Issued only after full compliance with the by-laws. Must be prominently displayed and renewed annually — or every five years for A-type occupancy classifications.

Certificate of Registration

Mandatory where dangerous goods exceed the exempt quantities defined in Section 24. Valid for 12 calendar months. Not transferable between premises but may be transferred between owners on the same premises, subject to conditions.

Spraying Permit

Required before any spray-painting, coating, plating or epoxy-coating activity using Group III dangerous goods, indoors or outdoors. The spraying room must meet detailed construction, electrical, ventilation and fire suppression standards.

Conditions that apply to all three documents:

Renewal applications must reach the Chief Fire Officer at least one calendar month before the expiry date. Not receiving a reminder does not exempt you from prosecution for an expired document.
Any expansion, alteration, change in floor layout or change of trade name automatically cancels existing certificates and permits.
Three sets of plans must be submitted and approved by the Chief Fire Officer before any construction work may begin.
An MSDS (Material Safety Data Sheet) box — minimum 300 x 400mm, affixed 1.5m above ground level — must be installed at the main entrance of any dangerous goods premises.
An EEP (Emergency Evacuation Plan) box — minimum 300 x 400mm, painted day-glow orange, marked “EEP” in black letters — must be installed at the main entrance of all designated premises.

What Are the Legal Standards for Fire-Fighting Equipment?

Equipment ratios, approved standards and annual service obligations are among the most frequently inspected — and most commonly violated — areas of fire compliance in Ekurhuleni. Non-compliance is a criminal offence, not simply a deficiency to be rectified at convenience.

Mandatory equipment ratios for registered premises

Portable fire extinguishers (minimum 9kg or 9L capacity, SANS 1567/810/1573/1571) — at least one extinguisher per 100m² of floor area. The Chief Fire Officer may require more where exceptional hazards are present.
Hose reels (SANS 543) connected to a water supply maintaining 0.5L per second at 300kPa work pressure.
Fire hydrants with SANS 1128 Part II couplings — at least one per 1,000m² of floor area.
Approved sprinkler systems (SANS 10087, SANS 10089, SANS 10131) where required under the National Building Regulations.

Annual maintenance requirements — non-negotiable

All fire-fighting equipment must be inspected and maintained by a registered, SABS-approved person at least once every 12 calendar months.
Any person who services a fixed service installation must certify in writing that it is fully functional on completion of the work.
If a service installation cannot be restored to full function, the Chief Fire Officer must be notified immediately in writing.
Equipment not conspicuously positioned must be indicated by symbolic safety signs conforming to SANS 1186.
Extractor fan filters, dampers and screens must be regularly cleaned to prevent fatty or combustible residue accumulation.

“Any person who causes or permits fire-fighting equipment and appropriate service installations not to be readily accessible is guilty of an offence.” — Section 12, EMM Emergency Services By-Laws

A blocked extinguisher, an obstructed hose reel, or a hydrant hidden by stored goods constitutes a criminal offence — regardless of whether a fire has occurred. Inspectors do not need to observe a fire to charge and prosecute.

What Are the Dangerous Goods Storage Thresholds?

If your business stores, uses or handles any of the nine dangerous goods groups in quantities exceeding the legal exempt thresholds, a Certificate of Registration is mandatory before you may continue operating. These thresholds are precise and legally defined.

Group	Category	Registration Threshold
Group I	Explosives & fireworks	No exemption — registration always required
Group II	Flammable gases	Above 100kg total cylinder capacity
Group II	Non-flammable gases	Above 333kg total cylinder capacity
Group III	Flammable liquids (flash point <18°C)	Above 100L
Group III	Flammable liquids (23°C–61°C)	Above 1,100L
Group V	Oxidising agents	Above 200kg
Group VI	Group I toxic substances	Above 5kg
Group VII	Radioactive materials	No exemption — registration always required
Group VIII	Group I corrosive/caustic substances	Above 50kg
Group IX	Miscellaneous liquids	Above 210L

Absolute prohibitions for all dangerous goods premises:

No ignition source within 5m of any area where dangerous goods are stored — this includes open flames, smoking and any device capable of producing a spark.
No dangerous goods may be delivered to premises where the owner or occupier does not hold a valid Certificate of Registration.
No dangerous goods may be dumped into any borehole, pit, sewer, drain, or surface water.
No delivery hose may lie across a pavement or public road during transfer operations.
A 9kg dry chemical fire extinguisher must be ready at all times during any delivery of dangerous goods.
No dangerous good may be transferred to a motor vehicle, aircraft, vessel or boat while the power source is running.
“No Smoking” signs conforming to SANS 1186 must be displayed prominently in all affected areas.
Any person entering a storage tank that contained Group III dangerous goods must wear a self-supporting breathing apparatus and be attached to a rescue rope controlled by a competent person.

How Is Your Property’s Fire Risk Category Determined?

The by-laws divide the Ekurhuleni area into five fire risk categories. Your property’s classification determines the applicable water supply requirements, fire hydrant spacing, and minimum response standards.

Category	Risk Level	Typical Properties
A	High	Central business districts, extensive commercial and industrial areas in cities and large towns
B	Moderate	Limited central business districts, smaller commercial or industrial zones, decentralised city areas
C	Standard	Conventional residential construction
D	Rural	Limited rural buildings, remote from urban areas
E	Special	Shopping centres, informal settlements, hospitals, prisons, large airports, high-rise buildings, petrochemical plants

Redevelopment trigger: If your premises are redeveloped in a manner that shifts them into a higher risk category, the water reticulation system must be adapted immediately to meet the upgraded requirements. This is not discretionary.

What Are the Legal Requirements for Emergency Evacuation Plans?

Any premises designated by the Chief Fire Officer as requiring an Emergency Evacuation Plan (EEP) faces strict procedural obligations. Designation triggers a hard 30-day deadline, and failure to comply is a criminal offence under the by-laws.

Within 30 days of designation, you must:

Prepare a comprehensive EEP in triplicate, in accordance with Annexure III of the by-laws, and have it ready for inspection and approval by the Chief Fire Officer.
Constitute an internal Emergency Committee from existing staff and occupiers to coordinate fire protection and drills.
Establish and schedule regular, documented fire evacuation drills across all occupants.
Identify a predetermined, safe assembly point outside but within the vicinity of the premises for occupant muster and survivor accounting.
Install an EEP box — painted day-glow orange, minimum 300 x 400mm, locked — at the main entrance to the premises.

Ongoing legal obligations:

The EEP must be revised whenever the floor layout changes — and at minimum every 12 months.
All disciplines involved in a planned drill must receive written notice at least 21 calendar days before the drill date.
All old versions of the EEP must be collected and destroyed each time an update is issued, to eliminate the risk of confusion.
The complete EEP and all related documents must be available in the control room for inspection by the Chief Fire Officer at all times.
Designated staff must be trained in first aid, fire-fighting, emergency evacuation procedures and emergency management.

What Penalties Apply for Non-Compliance?

The EMM Emergency Services By-Laws create criminal offences across a wide range of contraventions. Designated officers — appointed as peace officers in terms of the Criminal Procedure Act — can issue spot fines, serve summons, issue warrants of arrest, seize certificates and remove equipment from your premises.

Section 48 — Penalties for Contraventions: Any person who contravenes or fails to comply with any provision of these by-laws — including any condition or requirement for a certificate of registration or spraying permit, or any instruction by a member of the Service — is guilty of an offence and on conviction liable to a fine not exceeding R5,000, or in default of payment, imprisonment for up to six months.

Actions that constitute specific prosecutable offences:

Failing to maintain fire-fighting equipment in a readily accessible condition at all times.
Operating a public building, dangerous goods facility or spraying operation without a valid certificate or permit.
Altering or attempting to alter any certificate, permit or official document issued under the by-laws.
Allowing dangerous goods to exceed exempt quantities on unregistered premises.
Failing to prepare, maintain or update an Emergency Evacuation Plan after designation by the Chief Fire Officer.
Failing to notify the Chief Fire Officer at least three working days before installing, removing or altering any storage tank, delivery pump, spraying room or fire safety installation.
Entering a Group III dangerous goods storage tank without prescribed safety equipment and controls.
Pretending to be a member of the Fire Brigade Service, wearing official insignia, or failing to produce a certificate of appointment when requested.

No reminder protection: A certificate or permit holder who has not received a renewal reminder from the Chief Fire Officer is explicitly not indemnified from prosecution. The responsibility to renew on time lies entirely with the holder.

How Can Altrafire Help You Stay Compliant?

Navigating the full scope of the EMM Emergency Services By-Laws — from initial plan submissions to annual equipment servicing, certificate renewals, dangerous goods registration and Emergency Evacuation Plan drills — demands specialist expertise, systematic record-keeping and relationships with accredited service providers.

Compliance Audits

Full inspection of your premises against all applicable by-law requirements — identifying gaps before a designated officer does, with a clear remediation plan.

Certificate Management

End-to-end tracking and management of Certificates of Fitness, Certificates of Registration and Spraying Permits — including timely renewal submissions.

Equipment Supply & Servicing

Supply, installation and SABS-compliant annual servicing of extinguishers, hose reels, hydrants, sprinkler systems and fire detection equipment.

Emergency Evacuation Plans

Drafting, updating and annual drilling of fully compliant EEPs, including EEP box supply and installation, and staff training coordination.

Don’t Wait for an Inspection Notice

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Frequently Asked Questions

Do I need a Certificate of Fitness for my business in Ekurhuleni?