Understanding fire safety and protection engineered decisions/ rational fire designs in South Africa: A statutory perspective

By Karel Roodt, managing director, The Fire Engineer

In South Africa, the term “Fire safety and protection engineered decision” or “Rational fire design” often sparks debate within the fire protection industry. This controversy centres around the qualifications and authority of professionals who design and sign off on fire protection systems, particularly regarding their registration with the Engineering Council of South Africa (ECSA).

The legal framework: National Building RegulationsSouth Africa’s fire safety requirements are governed by the National Building Regulations and Building Standards Act (NBR), particularly the prescriptive deemed-to-satisfy rules in SANS 10400: Part T, which addresses fire protection. This code provides prescriptive measures that buildings must adhere to for ensuring minimum fire safety. However, the NBR section AZ4 also allows for alternative, performance-based approaches through rational fire design.

Fire engineer Pr Eng and Pr Tech Eng vs fire protection consultant/contractor

A fire engineer registered with ECSA has the legal authority to deviate from prescriptive codes, provided they can demonstrate that their alternative design (rational design) meets or exceeds the safety standards set by the NBR. This process involves rigorous engineering analysis, simulations and a thorough understanding of fire dynamics and human behaviour in emergencies. Fire engineers are qualified to use their professional judgment to develop custom solutions that address unique challenges posed by a building’s design or intended use.

Fire protection consultants/ contractors not registered with ECSAOn the other hand, fire protection consultants and contractors who are not registered with ECSA are limited in their scope of practice. While they can design and implement fire protection systems, their work must adhere strictly to the prescriptive requirements of the NBR. They are not permitted to deviate from these codes or to sign off on rational designs. Any design requiring deviation from the standard codes must be reviewed and approved by a registered fire engineer.

The contested discussionThe debate arises because some in the fire protection system industry believe that fire systems can be competently designed and signed off by individuals without ECSA registration, relying on their experience and industry knowledge. However, South African law is clear that only those registered with ECSA have the legal authority to make engineered decisions that deviate from prescriptive codes and sign off. This distinction is crucial for ensuring that fire safety designs are rigorously evaluated and that public safety is not compromised.

ConclusionIn summary, while fire protection consultants and contractors play an important role in the industry, the authority to deviate from prescriptive fire safety codes and to implement rational fire designs, lies solely with registered fire engineers. This legal requirement ensures that fire safety solutions are designed and implemented by professionals with the necessary expertise and accountability, ultimately safeguarding both property and lives.

Professionals in the fire protection industry must be aware of these legal distinctions to ensure compliance with South African building regulations and to uphold the highest standards of fire safety.

References: National Building Regulations and Standard Act No. 103 of 1977; SANS-10400-TFire Protection 2024.

Karel Roodt may be contacted onEmail: karel.roodt@thefireengineer.co.za