Regulations and the law
Fireworks and festivities. Be aware of the law before you buy and ignite them.
While fireworks have become a tradition for the celebration of days like New Years and Diwali, it is also important to understand the legal frameworks and safety considerations surrounding them.
You may not be fully aware that the use of fireworks is regulated by national laws, municipal by-laws, as well as body corporate rules of sectional title schemes (such as estates). Non-compliance with these laws, regulations and rules may lead to hefty fines, disputes and even criminal charges.
The use and sale of fireworks in South Africa are primarily governed by the Explosives Act 26 of 1956, which is applicable on a national level. For example, the Explosives Act prohibits the sale of fireworks to anyone under the age of 16 years, and also prohibits the use of fireworks within a certain distance of specific buildings like hospitals and petrol stations.
The application of the Explosives Act works together with municipal by-laws that may introduce additional restrictions and requirements. For example, the eThekwini by-laws (Durban) permit the discharge of fireworks on certain days and within certain time periods by providing that "no consumer fireworks shall be discharged on any day or time except on those days and times declared by the Municipality as religious, cultural celebrations and other special days". The by-laws provide that fireworks may be discharged from 19h00 until 22h00 on Diwali and on New Year's Eve, fireworks are only allowed from 23h00 until 00h30.
There are other requirements that must also be complied with in respect of the types of fireworks, locations and so on. In some instances, it is even necessary to get permission from the municipality to use fireworks. It is strongly advised to approach the municipality to ensure that no laws and regulations are breached.
Apart from the above, there are other rules that can also regulate the use of fireworks. Let us consider a scenario where Peter* lives in an estate where the body corporate rules specifically prohibit the use of fireworks unless prior consent has been obtained from the body corporate. Peter wants to celebrate New Year's Eve and buys a selection of loud fireworks. He decides to set them off from his private garden. He started at 18h00, but he did not get the necessary permission and the loud noises startled his neighbour's dogs, which caused a disturbance.
Peter's actions illustrate a breach of multiple regulations:
1. Legislation or municipal By-laws: Peter may be in violation of the Explosives Act or the local by-laws that restrict the use of loud fireworks, which is against the permitted specifications. He will also be in breach of the by-laws regulating the times when fireworks can be used on New Year's Eve. Peter's neighbours can approach the municipal council or the local police station to lodge a complaint. This can lead to the municipality imposing warnings or fines on Peter if they are found to be in contravention of a municipal by-law. It may also lead to the confiscation of the fireworks and criminal charges in some instances.
2. Public Nuisance: Peter's actions could constitute a noise nuisance. A nuisance is defined as any interference with a person's right to enjoy and use their property, particularly immovable property. Noise can be a form of nuisance. However, for a nuisance to warrant intervention from law enforcement, it must reasonably be a disturbance and cause material inconvenience. The distress caused by the neighbours in the estate can fall into this category.
3. Body Corporate Rules: Peter is also in direct violation of his estate's body corporate rules. In terms of the Sectional Titles Schemes Management Act, a body corporate has the authority to create and enforce rules that regulate behaviour within an estate in order to ensure the peace and safety of all residents. Peter's neighbours can report the incident to the body corporate and, if the dispute is not resolved, it can be reported to the Community Schemes Ombud Service (“CSOS”), which assists with sectional title scheme disputes.
In light of the above, it is clear that there are various consequences for not complying with the different laws and regulations applying to the use of fireworks. Before using fireworks, make sure that you comply with the relevant laws and that you get the necessary consent.
If you are a resident affected by the irresponsible use of fireworks, you have the rights of recourse mentioned above. However, it is always a good starting point to approach the person who is using the fireworks with regard to a complaint or concerns in an attempt to resolve the dispute in a friendly manner.
The festive season should be a time of joy and celebration. It is important to note that all property owners have a right to the use and enjoyment of their land. However, this right has its limitations as an owner cannot unreasonably burden other people in exercising their property rights. By being mindful of the law and respecting the rights of your neighbours and the well-being of animals, we can all ensure that our festivities are both memorable and responsible.
*Names are used for illustrative purposes.
Did you know…A contravention of the Explosives Act may lead to criminal charges, fines and even imprisonment.