Transcript The Practical Implications of SASREA Regulations

SAFETY AT SPORTS & RECREATIONAL EVENTS
ACT, 2010 (Act No. 2 of 2010)
-The Practical Import of the Imminent Regulations to
the Act- A Facilitation by Patrick Ronan to CAMPROSA Delegates &
Stakeholders
CAMPROSA ANNUAL CONFERENCE;
MSC SINFONIA
TERRITORIAL WATERS OF SOUTH AFRICA
8-10 November 2011
IRM
PRESENTATION OBJECTIVES
•Provide a strategic overview of the final draft of the Regulations to the
Sports & Recreational Events Act, 2010 (Act No. 2 of 2010) falling under
the regulatory import of the Minister of Sport; to CAMPROSA Delegates &
& other invited stakeholders e.g. University administration, sports &
recreation, stadium/venue managers & event organizers; SAPS; safety &
security academics; public & private sector safety & security security
providers etc);
•Consideration of key aspects of the draft Regulations of the Minister of
Sport flowing from the Act & the proposed infrastructural criteria relative to,
inter alia, existing stadiums & venues; the planned alteration & extension of
existing stadiums or venues; temporary structures at stadiums or venues,
located within the respective jurisdictions of tertiary Institutions throughout
the Republic;
PRESENTATION OBJECTIVES (Cont’d)
Furnish a high level overview of the Appeal procedures set out in the
draft Regulations to to CAMPROSA Delegates & & other invited
stakeholders e.g. University administration, sports & recreation,
stadium/venue managers & event organizers; SAPS; safety & security
academics; public & private sector safety & security providers etc);
Facilitate a practical understanding of the draft Regulations to the
Sports & Recreational Events Act, 2010 (Act No. 2 of 2010), falling
under the regulatory import of the Minister of Sport from a
responsibility; implementation & impact perspective;
Provide an opportunity and basis upon which CAMPROSA
stakeholders can interrogate the regulations in order to achieve a fuller
understanding of the practical implications of the infrastructural
regulations to the Act;
THE CURRENT STATUS OF THE REGULATIONS
•
Joint SAPS and Department of Sport and Recreation legislative task
team have prepared final drafts of their respective Regulations to the
Act for public comment prior to their promulgation.
There will shortly be 2 sets of Regulations in place–
-
one flowing from the regulatory responsibilities of the SAPS; &
-
the other flowing from the regulatory responsibilities of the
Department for Sport & Regulation & Local Authorities.
NOTE:
SRSA have gazetted their publications for public comment.
Deadline for final comment was 5 August 2011. Final
amendments have been made and the regulations have been
vetted by the State Law Advisors . Promulgation is imminent.
BASIC TENETS OF THE REGULATIONS OF THE
MINISTER OF SPORT
In essence, the Regulations of the Minister of Sport seek to regulate
the following 6 basic key areas:
• the application procedure for stadium & venue safety and event grading
certificates (existing, planned alterations & extensions, new stadiums or
venues, temporary structures);
•
the infrastructural requirements/criteria in respect of stadium & venue safety
certificates (existing, planned alterations & extensions, new stadiums or
venues, temporary structures);
• application requirements & contents of safety certificates;
• amendments to and replacement of stadium/venue safety certificates;
• appeal procedures relating to dissatisfaction with administrative decisions
taken in terms of the Act;
• the payment of administrative fees relating to the operation of the Act.
APPLICATION FOR EXISTING STADIUM OR VENUE CERTIFICATES – R2
•
Who must apply?(stadium or venue owners or their duly appointed stadium operators/managers);
•
Who must be applied to –
(the local authority within whose jurisdiction the stadium or venue is situate);
•
What may a local authority do or consider in deciding whether a stadium or
venue should be granted an existing stadium or venue safety and grading
certificate or not? (a)
forward a copy of an application to any safety and security role-player, as it
may deem fit, for the purposes of obtaining written comment and input on
the said application;
(b)
consult with an authorized member and any other safety and security roleplayer, as it may deem fit, about the appropriateness of any term, condition or
directive which may be included in a existing stadium or venue safety & grading
certificate;
(c)
set written requirements or directives, which must be complied with by a
stadium or venue owner within a specified time as a condition to any approval
and issue of a existing stadium or venue safety & grading certificate.
APPLICATION FOR EXISTING STADIUM OR VENUE CERTIFICATES – R2
(d)
If a stadium or venue owner fails to timeously comply with a
requirement, condition or directive a stadium or venue owner shall be
deemed to have withdrawn its application for the said safety grading
certificate.
(e)
A local authority must consider, finalise and forward it’s decision
regarding the application for an existing stadium/venue certificate
(inc. any terms/conditions) to a stadium or venue owner, in writing, no
later than 30 days after the receipt of the said application;
(f) Where a local authority turns down an application for an existing
stadium or venue safety & grading certificate, it shall immediately inform a
stadium or venue owner, in writing, of its decision (together with reasons);
(g)
An un-successful applicant can appeal to the Appeal Board within 14
days of having been informed, in writing, of the turning down of its
application.
NOTE: Similar provisions relate to the application for a safety certificate i.r.o.
an alteration or extension to an existing stadium or venue i.t.o. Regulation 7.
APPLICATION FOR HIGH RISK EVENT GRADING CERTIFICATE– R3
•
Who must apply?(stadium or venue owners of their duly appointed stadium operators/managers);
•
Who must be applied to –
(the local authority within whose jurisdiction the stadium or venue is situate);
•
What may a local authority do or consider in deciding whether a stadium or
venue should be granted an existing stadium or venue safety and grading
certificate or not? (a)
forward a copy of an application to any safety and security role-player, as it
may deem fit for the purposes of obtaining written comment and input on the
said application;
(b)
consult with an authorized member and any other safety and security roleplayer, as it may deem fit, about the appropriateness of any term, condition or
directive which may be included in a high risk event grading certificate;
(c)
set written requirements or directives, which must be complied with by a
stadium or venue owner within a specified time as a condition to any approval
and issue of a high risk event grading certificate;
APPLICATION FOR HIGH RISK EVENT GRADING CERTIFICATE– R3
(d)
If a stadium or venue owner fails to timeously comply with a
requirement, condition or directive a stadium or venue owner shall
be deemed to have withdrawn its application for the said high risk event
grading certificate;
(e)
A local authority must consider, finalise and forward it’s decision
regarding the application for a high risk event grading certificate an
existing stadium or venue certificate (inc. any terms/conditions) to a
stadium or venue owner, in writing, no later than 30 days after the
receipt of the said application;
(f)
Where a local authority turns down an application for a high risk event
grading certificate, it shall immediately inform a stadium or venue
owner, in writing, of its decision (together with reasons);
(g)
An un-successful applicant can appeal to the Appeal Board within 14
days of having been informed, in writing, of the turning down of its
application.
SAFETY CERTIFICATION REQUIREMENTS FOR EXISTING STADIUMS OR
VENUES– R4
RIGHT UP FRONT:
• Remember Section 8 (3) of the Act provides for a
phasing-in period i.r.o. existing Stadiums/Venues
to comply with the technical provisions of the Act &
impending regulations:
• 5 years for stadiums/venues wanting to host low risk
events;
• 3 years for stadiums/venues wanting to host low &
medium risk events; and
• 2 years for stadiums/venues wanting to host high risk
events.
SAFETY CERTIFICATION REQUIREMENTS FOR EXISTING STADIUMS OR
VENUES– R4
The validity of an existing stadium or venue certificate will be subject strictly to an
owner/operator being in possession of the following safety certification:
•
a certificate, issued by a registered person who has experience in the civil and
structural design of stadiums or venues, which certifies the structural integrity of a
stadium or a venue, including any temporary structures;
•
a full set of lay-outs and plans (including cross-sections) of a stadium or venue;
•
a fire safety & fire equipment installation compliance certificate issued by the fire
service of a local authority;
•
a current electrical compliance safety certificate issued, after consultation with a
local authority, by a registered person who is experienced in the electrical and
electronic design of stadiums and venues;
•
a copy of a comprehensive written emergency evacuation and disaster risk
management plan compiled by a person who is professionally qualified &
experienced in the field of public facility safety & security and disaster risk
management;
SAFETY CERTIFICATION REQUIREMENTS FOR EXISTING STADIUMS OR
VENUES– R4 (cont’d)
•
a safety and security installation safety certificate (which may include reference to
existing public address systems, electronic surveillance systems, automated
evacuation systems, robust fenced perimeters; access control systems and levels
of stadium or venue illumination) issued by the local municipal fire department or
local municipal disaster management department;
•
a mechanical system compliance certificate issued by a “registered person” in
respect of a stadium or venue;
•
a occupational health and safety compliance certificate, issued by the
occupational, health and safety department of a local authority;
•
a copy of a gas safety & compliance certificate issued by the local municipal fire
department;
•
a certificate, issued by a department of health of a local authority, relating to all
relevant aspects of:
- food integrity;
- waste management;
- water and sanitation;
applicable, by law, to a stadium or a venue.
SAFETY CERTIFICATION REQUIREMENTS FOR EXISTING STADIUMS OR
VENUES– R4 (cont’d)
•
a copy of a environmental protection compliance certificate issued by a
local authority;
•
a copy, where applicable, of a valid certificate issued by a local authority
to trade or operate a business;
•
a certificate, issued by a local authority after consultation with a registered
person who is experienced in the civil, structural and spatial design of
stadiums or venues, which, amongst others, certifies:
- the total safe capacity of spectators and all other persons, including,
amongst others, stadium or venue support staff for a stadium or a
venue, for a low, medium and high risk event;
- the minimum emergency spectator egress flow rate for a stadium or
venue;
- a specified spectator emergency evacuation times for a stadium or
venue.
SAFETY CERTIFICATION REQUIREMENTS FOR EXISTING STADIUMS OR
VENUES– R4 (cont’d)
•
the determination of the total safe capacity of spectators for a
stadium or a venue be based on:
-
the allocation to each spectator of an individual
numbered seat or a seat within a specified seating
block
(inc. a seating place within the reserved informal
or
temporary seating within a demarcated
grass
embankment area or similar;
-
the allocation of specified existing standing room in the
grandstand or spectator terrace viewing areas (low to
medium risk venue grading only); and
-
the total safe load capacity of a stadium or venue.
INFRASTRUCTURE CRITERIA FOR APPLICATIONS FOR EXISTING
STADIUMS OR VENUES & GRADING CERTIFICATION– R5
The following minimum infrastructure criteria will apply:
All Stadiums/Venues must have:
•
•
•
•
•
•
•
1200mm safety corridors (spectator gangways; circulatory areas &
walkways);
capable of full spectator evacuation within 10 minutes;
sufficient male/female ablutions per SABS building standards;
proper waste disposal system;
local authority approved positioning of temporary concession &
merchandising stands; free temporary or permanent spectator water
points (not inside ablutions);
minimum fire fighting equipment/systems required by law;
minimum spectator information/emergency signage required by law
(adequate, visible & photo-luminescent);
INFRASTRUCTURE CRITERIA FOR APPLICATIONS FOR EXISTING
STADIUMS OR VENUES & GRADING CERTIFICATION– R5
All Stadiums/Venues must have (Cont’d):
•
•
•
•
•
temporary or permanent stadium/venue sound /PA system – audible in
stadium over event noise levels;
minimum physically challenged person access/egress/
accommodation/comfort requirements after consultation with accessibility
consultant;
Family/alcohol free areas within the spectator viewing areas;
Two (2) illuminated, easily accessible (inc. physically challenged
persons), signed emergency assembly areas of sufficient size vis-a-vis
the size of event ;
all parts of a stadium/venue (entrances, exits, doorways, stairways, safety
corridors etc ) must comply with all statutory & national building
standards;
INFRASTRUCTURE CRITERIA FOR APPLICATIONS FOR EXISTING
STADIUMS OR VENUES & GRADING CERTIFICATION– R5
All Stadiums/Venues must have (Cont’d):
•
minimum stairway/stairwell requirements (minimum 1200mm wide, risers
of equal height/width, drainage, compulsory handrails etc.);
•
Provincial health/local authority determined number of approved medical
facilities (first aid rooms) with minimum infrastructure & equipping;
•
alcohol vending areas to be separate from general spectator
concession/merchandising areas.
INFRASTRUCTURE CRITERIA FOR APPLICATIONS FOR EXISTING
STADIUMS OR VENUES & GRADING CERTIFICATION– R5
Medium/High Risk Graded Venues must have:
•
robust field perimeter security systems (“moat”) incorporating local authority
approved emergency egress gates (1m width/1000 spectators) – stadiums only;
•
robust outer perimeter fence/wall (minimum 2.5m high) – stadiums only;
•
local authority approved turnstiles incorporate into robust inner perimeter fence
line (min. 2.5 m), evenly spread, at a ratio of either 1:1000 spectators (waist –high
turnstiles) or 1:750 for full height turnstiles inc. electronic access/egress counting
mechanism linked to VOC with 1000/750 person/hour through-put – stadiums
only;
•
local authority approved permanent/temporary crowd separation barricading
(ability to put in place) – stadiums only;
•
robust field perimeter security systems (“moat”) incorporating local authority
approved emergency egress gates (1m width/1000 spectators) – stadiums only;
INFRASTRUCTURE CRITERIA FOR APPLICATIONS FOR EXISTING
STADIUMS OR VENUES & GRADING CERTIFICATION– R5 (Cont’d)
Medium/High Risk Graded Venues (Cont’d)
•
emergency auxiliary power system (power all essential emergency systems,
VOC, lighting & primary spectator routings for 4 hours);
•
Large scale, visible illuminated “You Are Here” signage;
•
VOC (designed, constructed & equipped per schedule to Regulations);
•
permanent or temporary digital multi-camera PTZ CCTV surveillance system (inc
recording system) with minimum camera/spectator ratio of 1:1000 spectators,
controlled from VOC;
•
seated, individually numbered seating only – stadiums only;
•
adequate provision for secured spectator parking (inc. convenient physically
challenged parking) related to expected size of event;
INFRASTRUCTURE CRITERIA FOR APPLICATIONS FOR EXISTING
STADIUMS OR VENUES & GRADING CERTIFICATION– R5 (Cont’d)
Medium/High Risk Stadiums/Venues (Cont’d)
•
internal key point telephone system;
•
evenly spread land-line telephones;
•
clearly demarcated emergency vehicle parking areas (within or
immediately outside stadium inner perimeter);
•
dedicated emergency routings for emergency vehicles;
•
emergency medical center & medical facility (first aid rooms) per National
Department of Health legislation
INFRASTRUCTURE CRITERIA FOR APPLICATIONS FOR EXISTING
STADIUMS OR VENUES & GRADING CERTIFICATION– R5 (Cont’d)
High Risk Graded Stadiums/Venues must, in addition, have:
•
CAA approved temporary or permanent emergency heliport;
•
an angle of slope in the all seated spectator area of 34° or less;
•
an electronic “big-screen” video display re-play board visible to a
minimum of 80% of spectators when stadium is full – (stadiums only);
•
demarcated permanent or temporary mass casualty triage areas;
•
on-site storage for mass casualty equipment;
•
all seater spectator grandstand/viewing areas – no standing areas
(stadiums only)
PROPOSED NATIONAL DEPARTMENT OF HEALTH DRAFT EVENT
REGULATIONS I.T.O. SECTION 90 OF THE NATIONAL HEALTH ACT (ACT
61 OF 2003)
•
The National Minister of Health will shortly be passing Regulations
relating to the required minimum infrastructural & operational health
requirements at Stadiums, venues & events;
•
The SASREA cross-references and requires compliance with these new
Health Regulations, on pain of penalty;
•
The draft Event Health Regulations, deal, inter alia, with the following
aspects:
- Regulatory scope (more than 1000 persons at an event);
- Duties of an event organizer re health matters;
- Minimum sanitary facilities – permanent or temporary;
PROPOSED NATIONAL DEPARTMENT OF HEALTH DRAFT EVENT
REGULATIONS I.T.O. SECTION 90 OF THE NATIONAL HEALTH ACT (ACT
61 OF 2003)
- Duties of medical service providers (providers appointed & deployed by
event organizer);
- Minimum Medical Facility Criteria;
- Medical & Emergency care provision (inc. minimum resource
requirements, se deployment ratios per size/nature of event);
- Duties of Environmental health Authority;
- Offences & Penalties;
- “Appeal” Procedures;’
SAFETY CERTIFICATION CRITERIA FOR NEW STADIUM/VENUES- R6
The detailed supporting plans & documentation i.r.o. an application for a new
stadium/venue design certificate, must in addition to meeting the infrastructure
requirements for an existing stadium/venue, include, inter alia, provision for the
following additional design & construction requirements:
All new stadiums/venues will have to have:
•
minimum spectator seating infrastructure requirements (inc. size & spacing);
All new stadiums/venues requiring a medium & high risk safety grading:
•
stadium ring-road system providing for, inter alia, spectator drop-offs & dedicated
emergency vehicle drop-offs;
•
minimum of one electronic video-re-play “big screen” located in the spectator
viewing area which is visible to at least 80% of the seated spectators when
stadium is full;
•
general spectator parking area located a minimum distance of 200 meters from
the inner perimeter of a stadium;
•
Dedicated permanent or temporary stadium/venue sound system/PA control room
adjacent to VOC;
SAFETY CERTIFICATION CRITERIA FOR NEW STADIUM/VENUES- R6
All new stadiums/venues requiring a medium & high risk safety
grading (Cont’d):
•
audible, clear permanent or temporary sound/PA system must extend into
immediate precinct of stadium – stadiums only;
•
all spectator seats at a stadium/venue must have reasonably unobstructed view of field of play or performance area;
•
provision for safe/effective permanent or temporary physical spectator
separation measures, inside a stadium/venue and in it’s immediate
precincts, including separation from field of play, stage or podium;
•
provision for sufficient, secured, temporary or permanent media facility
separate from general spectators area ;
•
Provision for a secured temporary/permanent outside broadcast
compound;
SAFETY CERTIFICATION CRITERIA FOR NEW STADIUM/VENUES- R6
All new stadiums/venues requiring a medium & high risk safety
grading (Cont’d):
•
Provision for safety & security VVIP protocol arrangements (inc. private
rooms & dedicated VVIP movement routings);
•
Location of new stadium/venue must be located in a precinct which
facilitates:
- spacious external spectator circulation areas;
- operational space for service and emergency vehicles;
- provision of on-site adequate parking facilities;
- en-masse arrivals & departures of spectators;
- ease of access to public transport facilities.
•
Compliance with all environmental protection legislation (water, air, waste
management, energy conservation);
•
Continuous spectator circulation routes around stadiums – stadiums only:
SAFETY CERTIFICATION CRITERIA FOR NEW STADIUM/VENUES- R6
All new stadiums/venues requiring a medium & high risk safety
grading (Cont’d):
•
all headroom in general spectator areas to be a minimum 2.0 meters in
height;
•
specified stairway & stairwell requirements.
GENERAL
•
every aspect of stadium/venue structure must be approved & certified by
local authority prior to commencement of construction;
•
un-successful applicants can appeal within 14 days of receipt of receipt of
notification from local authority.
CONTENTS OF SAFETY CERTIFICATES- R8
All applications for stadium/venue safety certificates must contain
the following information:
•
full names of a stadium or venue;
•
exact physical and postal address of a stadium or venue;
•
full details of a owner of a stadium or venue;
•
full details of a stadium or venue operator if one is in place;
•
date of construction of a stadium or venue;
•
original date of first certificate of occupation for a stadium or venue;
•
original planned lifespan of a stadium or venue;
•
the date of completion of any major alterations or extensions to a stadium
or venue;
CONTENTS OF SAFETY CERTIFICATES- R8
All applications for stadium/venue safety certificates
must contain the following information (Cont’d):
•
details and date of any major repairs to a stadium or a venue, including
any repair relating to the structural integrity of a stadium or venue;
•
details and date of any major safety incidents at a stadium or venue,
including incidents relating to fire, crowd crush, structural failure and
essential service failure;
•
detailed, properly documented and current emergency evacuation and
fire rationale for a stadium or venue prepared by an experienced and
suitably qualified safety professional;
•
detailed architect prepared lay-out & cross section plans of
stadium/venue;
•
all safety certification contemplated in Regulation 4 (1);
CONTENTS OF SAFETY CERTIFICATES- R8
Safety certificates issued by a local authority must, inter alia,
contain the following information:
•
full names & exact physical address & GPS coordinates of a stadium or
venue;
•
owner of a stadium or venue;
•
date of construction & date of first occupation certificate of a stadium or
venue;
•
a grading certificate as contemplated in section 8 (4) (a);(b) & (c) of the
Act;
•
nature of the various categories of safety certification which form part of
the overall safety certification in respect of a stadium or venue;
•
period of validity & issue date of a safety certificate;
•
full names, details, qualifications and certifying signature of the registered
person responsible for the preparation of a safety certificate;
APPEAL PROCEDURES- R10
The following requirements & procedures apply, inter alia, to the processing
of Appeals in terms of the Act:
•
R 20 000 appeal lodgment fee (only refundable if appeal is ultimately successful);
•
Appeal Board may waive appeal lodgment fee due to personal circumstances of
an appellant;
•
In addition appellants must pay for the administrative costs (reproduction of
records etc) relating to the processing and prosecution of an appeal;
•
Appeal applications must be in writing – must set out fully & clearly the grounds of
appeal;
•
Administrative procedure details will be formulated by Appeal Board (once
appointed);
•
Appellants will be entitled to representation at their cost;
•
Normal rules of natural law & administrative justice will apply to the hearing of
appeals.
FEES- R11
•
The Minister of Sport will, in due course, publish a schedule of Fees
which will be payable in connection with the administration of the Act and
the Regulations;
•
The Minister of Sport will be entitled to amend these fees from time to
time.
The Way Forward
• Points of Clarification;
• Questions?;
• CAMPROSA SASREA Compliance Action
Plan;
End of Presentation
Patrick Ronan
International Risk Mitigation Consultants (Pty) Limited
E-Mail: [email protected]
Mobile: 083 629 7696