If you own a car wash business, you need to know which laws apply to your business. Much like any other business in any industry, there are regulations and laws in place to ensure the business is operating ethically. As a car wash business owner, you need to understand the laws and regulations so that you can comply.
Laws and regulations are a set of rules and guidelines which govern various aspects of a business’s activities. The laws and regulations are sometimes generic to all businesses such as the Basic Conditions of Employment Act, however, some are industry-specific.
Yet, with the car wash industry, the rules and regulations that govern them are called by-laws. By-laws are the products of the legislative authority of a municipality. They are also described as local command and control regulatory instruments.
In this article, we look at some of the laws and by-laws you must comply with if you have a car wash business.
Car Wash By-laws
As mentioned before, car washes are governed by the by-laws of the municipality area they operate in. So if your car wash is in Bloemfontein, its by-laws will be those of the Mangaung municipality.
As much as the bylaws for each municipality can differ, some of the rules for car washes under all municipalities are generic. For example, all the municipalities ask car washes to abide by the rules and regulations for water use and to follow the Basic Conditions of Employment Act for employee safety.
However, car wash by-laws do not apply to car washing at home and businesses where cars are brought in for service or repairs purposes and the main service is not cleaning cars.
Legislative Framework for Car Wash Businesses
In order to demonstrate the regulations and laws of the car wash industry, we will look at what the Mangaung Municipality says about car wash businesses under its government.
According to the municipality, the matters addressed by car wash by-laws are:
- Storm water management.
- Water services.
- Waste management.
- Environmental health.
- Public nuisance.
- Electricity supply.
Stormwater Management By-laws
Under the Mangaung municipality by-laws, no person may impose, discharge, permit to enter or place harmful chemicals, oils, dirt and other pollutants which can cause serious harm to human health or safety into the storm water system.
The only time this does not apply is if there is written consent from the municipality.
You are also not allowed to do the following:
You may not damage or undertake any action that will likely damage the storm water system or its operations.
You may not discharge or place onto any surface any substance other than storm water if the substance can be expected to find its way into the storm water system.
You may not construct any structures that could interfere with the storm water system or its operations.
You cannot make an opening into a storm water pipe, canal or culvert.
You cannot drain or abstract any water directly from the storm water system.
You may not fill, excavate, shape, or remove the ground above, within, under or immediately next to any part of the storm water system.
Water Services By-laws
Under the water services by-laws, car wash businesses need to abide by the following rules:
- You have to provide and maintain approved measures to stop the entry of any substance which can be a danger to health or affect the portability of water.
- During the event of a water shortage, drought or flood, the municipality may (by public notice) prevent your business from operating if your water usage is wasteful.
Waste Management By-laws
Under waste management by-laws, you need to abide by the following:
- You are not allowed to litter or dump any waste material on your business premise or allow your employees to do the same.
- Any waste that is handled by you, must not cause any nuisance to the public and must be cleaned by you at your own expense.
- You may not dispose of any waste by burning it unless permitted by the municipality.
Environmental Health By-laws
Under the environmental health by-laws, you need to abide by the following:
- You may not dispose of any waste water from your business in a way or location that could cause dampness.
- You may not dispose of any waste water in a way that will create a public health nuisance or hazard.
Note: Dumping any waste water into a location which can cause damage to the environment is against municipal by-laws.
Miscellaneous Provisions for Car Wash Business
Under municipality by-laws, the following is stated:
- The municipal council may declare any place in its area of jurisdiction to be an area where car-washing businesses are restricted or prohibited.
- You are not allowed to cause excessive noise violations.
- You are not allowed to urinate in public or allow your employees and customers to urinate in public.
- You, your employees and customers are not allowed to use defamatory language or cause any violent act or disrupt the activities of the business.
- If the car wash business operates commercially, you must have a permit to run the business.
- You do not require a permit if the main service of the business is not car washing. For example, if you have a car repair business and wash the cars that you repair.
- You do not need a permit if you are washing cars on an intermittent basis to raise funds for a non-profit organisation.
- You do not need a permit if you wash your personal car at home.
When applying for your permit, you need the documents:
- A prescribed form from the municipality.
- Copy of your ID.
- Document stating the identified location of your business.
- The prescribed fee which is determined by the Council.
Note: All car wash businesses (commercial or informal) should have a copy of a set of good practices developed by the municipality.
If you do not follow the by-laws of the municipality, you may be liable to a fine of not more than R5000 or imprisonment of at least one month.
These are examples of the by-laws you need to follow when opening a car wash. Remember, these ones are for the Mangaung municipality, so you need to find out what the laws are in your municipal area.
Once you have ensured that your car wash is compliant and everything is in order, you can then start operating your business. Get those permits, comply with by-laws, get scrubbing and see the money come in.
If you need information on how to start your own car wash business, take a look at our extensive list of articles. Visit the SME Advice page to book an appointment with one of our expert business mentors.
