Fireworks: What do the by-laws say?
Polokwane Municipality spokesperson Thipa Selala explains the dos and don'ts of fireworks in relation to the municipal by-laws.
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POLOKWANE – Fireworks are synonymous with various celebratory days throughout the year. These include New Year’s Eve and Day, Hindu New Year, Lag b’omer and Chinese New Year.
Review contacted municipal spokesperson Thipa Selala to find out what the municipal by-laws dictate in terms of the shooting of fireworks.
“There are no designated places where residents can shoot their fireworks, however, the municipality can on its discretion make available a safe area for fireworks on discretion of the executive management and involving the SAPS,” he explained.
Before we explain the dos and the don’ts, Selala shared that control over all categories of explosives are an annual problem. “The control remains that of SAPS, regardless of us inspecting storage of limited fireworks and that we are involved in the safety of public displays. No one is legally allowed to shoot fireworks from home and consequences can be serious and people can be held liable,” he added.
Selala said fire services do not have the resources or powers to execute the control of fireworks by the public. “In the distant past, traffic officials could also fine perpetrators. Complaints can only be lodged with the SAPS. The selling, use or exploding of fireworks are regulated by the Explosive Act and Regulations (Act 26 of 1956). Complaints can be lodge with the Explosive Unit by contacting Colonel Simango on 015 263 6993.”
Do:
• Make sure to adhere to the provisions of SANS 0228, 0229, 0232, of the Explosives Act, Act 26 of 1956, and the Hazardous Substances Act, 1973, and any regulations made under these acts, as the case may be.
• Ensure the owner/occupant of the premises where fireworks are handled, used, stored or who causes fireworks to be transported complies with Section 20 of the Fire Emergency Services By-Law of the Polokwane Local Municipality Notice No 3011 Section 86. This certificate is valid for a period of not exceeding one calendar year from the date of issuing thereof.
• Ensure that your firework display is approved by the chief fire officer, subject to the requirements of public safety and fire safety as dictated;
(b)Â Â Â Â Â Â Â Any person who wishes to conduct a firework display shall lodge an application in this regard with the fire service.
(c)Â Â Â Â Â Â Â With collection of the approval for the display, the applicant must be accompanied by the proof of payment of fees prescribed in Annexure I to this by-law; and
(d)Â Â Â Â Â Â Â The application must be submitted for processing to the offices of the fire service at least 14 working days prior to the planned display.
(e)Â Â Â Â Â Â Â The application must be accompanied by the application for display lodged with the chief inspector of explosives from the SAPS; and
(f)Â Â Â Â Â Â Â A letter of consent from the owners or person responsible for the property on which the fireworks display is proposed to be presented; and
(g)Â Â Â Â Â Â Â A sketch plan of the proposed venue for the fireworks display, including the demarcated area for the launching of the fireworks, taking into account that fireworks are strictly prohibited:-
            i).        Within a 500 metres radius of any explosives factory;
           ii).       Inside any building;
           iii).       On any agricultural holding;
           iv).      At or near any public open place;
           v).       At or near any school, old age home or hospital; and
      vi).      At or near any place where animals are present
• Submit proof of the appointment of a pyro-technician to conduct the firework display further confirming that such pyro-technician shall at all times be present at the display and be responsible for the use of fireworks at the display.
Don’t:
• Deal in fireworks unless you hold the required fireworks license in terms of the Explosives Act, acquired that licence through the chief inspector of explosives at the SAPS, and have the written authority of the chief fire officer in compliance to all safety and fire requirements.
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• Unless authorised in terms of Section 38(4), do not light or ignite fireworks on any day or at any time in any place within the municipal area or boundaries, except-
      i).        New Year’s Eve from 23:00 to 01:00
           ii).       New Year’s Day from 19:00 to 22:00
           iii).       Hindu New Year from 19:00 to 22:00
           iv).      Lag b’omer from 19:00 to 22:00
           v).       Chinese New Year from 19:00 to 22:00
           vi).      Human Rights Day from 19:00 to 22:00
           vii).     Freedom Day from 19:00 to 22:00
           viii).     Guy Fawkes Day from 19:00 to 22:00
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• Light or ignite fireworks in display at any place where animals are present.
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