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Fire Brigade Services Act, 1987 (Act No. 99 of 1987)

15. Regulations

 

(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 of this Act;
(b) regarding the organization and procedure for the employment 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 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 transportation of explosives, fireworks, petroleum or any other flammable or combustible substance, gas or any other dangerous substance;

[Section 15(1)(e) substituted by section 11(a) of Act No. 83 of 1990]

(f) regarding the specifications and standards with which the equipment and material of a service shall comply; and
(fA) regarding the control over and registration of the chief fire officer and members of a service;

[Section 15(1)(fA) inserted by section 11(b) of Act No. 83 of 1990]

(g) regarding any matter which he may deem necessary or 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 without consultation with the Minister responsible for the department of State concerned.

 

(2A) Different regulations may be made under subsection (1) in respect of different areas or different categories of persons, services or equipment.

[Section 15(2A) substituted by section 22 of Act No. 134 of 1992]

 

(3) The Minister may after consultation with the Board incorporate in the regulations any code of practice issued under Act section 18 of the Standards Act, 1982 (Act No. 30 of 1982), or any part of that code, by means of a mere reference to particulars by which it can be identified, and thereafter the code of practice or the part thereof concerned shall in so far as it is not repugnant to this Act be deemed to be part of the regulations.

[Section 15(3) substituted by section 11(d) of Act No. 83 of 1990]

 

(4)        

(a) A regulation contemplated in this section shall not be made before the proposed regulation has been published in the Gazette together with a notice calling upon interested persons to lodge any comments, representations or objections they may have against it in writing to the secretary referred to in section 2(8) within the period mentioned therein and that period has expired.

[Section 15(4)(a) substituted by section 11(e) of Act No. 83 of 1990]

(b) The provisions of paragraph (a) shall not apply to any amendment effected by the Minister with the concurrence of the Board to the proposed regulations as a result of objections received in terms of that paragraph.

 

(5) A regulation made under this section may, in respect of a contravention thereof or a failure to comply therewith, provide for a punishment of a fine not exceeding R10 000 or of imprisonment for a period not exceeding 12 months.