Fire Service (Jersey) Law 1959

Jersey Law 1/1959 FIRE SERVICE (JERSEY) LAW, 1959. ____________ A LAW to make provision for the establishment of a fire service to be available for duty throughout the Island, for the better protection of property against damage by fire, and for other ancillary matters, sanctioned by Order of Her Majesty in Council of the 19th day of JANUARY, 1959. ____________ (Registered on the 14th day of February, 1959). ____________ STATES OF JERSEY. ____________ The 11th day of November, 1958. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 DEFINITIONS In this Law, unless the context otherwise requires – “the Airport Fire Service” means the Fire Service maintained by the Harbours and Airport Committee at St. Peter’s Airport; “the Chief Officer” means the Chief Officer of the Fire Service; “the Committee” means the Defence Committee; “the Company” means the Jersey New Waterworks Company Limited; “equipment” includes fire engines and other vehicles and appliances and other apparatus, and also uniforms and badges of rank; “fire-fighting purposes” means the purposes of the extinction of fires and the protection of life and property in case of fire; “the Fire Service” has the meaning assigned thereto by Article 2; “fire service officer” means a member of the Fire Service other than the Chief Officer; “officer of police” means any officer of police, whether honorary or paid, acting within the territorial limits to which his authority extends; [“prescribed” means prescribed by Order of the Committee under this Law;] 1 “street” includes any highway, including a highway over a bridge, and any road, lane, footway, square, court, alley or passage whether a thoroughfare or not. ARTICLE 2 CONSTITUTION OF STATES OF JERSEY FIRE SERVICE (1) There shall be constituted a Fire Service, to be called the States of Jersey Fire Service (in this Law referred to as “the Fire Service”) to be available for duty throughout the Island in accordance with the provisions of this Law. [(2) The Fire Service shall consist of a Chief Officer and of such other members as may from time to time be determined by the Committee, in consultation with the Establishment Committee.] 2 ARTICLE 3 ADMINISTRATION OF FIRE SERVICE (1) The administration of the Fire Service shall be vested in the Committee, which shall secure – (a) the services of such personnel and such equipment as may be necessary to meet efficiently all normal requirements; (b) the efficient training of members of the Fire Service; (c) efficient arrangements for dealing with calls for the assistance of the Fire Service in case of fire and for summoning members of the Fire Service; (d) efficient arrangements for obtaining, by inspection or otherwise, information required for fire-fighting purposes with respect to the character of the buildings and other property in the Island, the availability of water supplies and the means of access thereto, and other material local circumstances; (e) efficient arrangements for ensuring that reasonable steps are taken to prevent or mitigate damage to property resulting from measures taken in dealing with fires in the Island; (f) efficient arrangements for the giving, when requested, of advice in respect of buildings and other property in the Island as to fire prevention, restricting the spread of fires, and means of escape in case of fire; (g) efficient arrangements for securing the co-operation of the Airport Fire Service in the extinguishing of fires. (2) For the purposes of such arrangements as are mentioned in sub-paragraph (d) of paragraph (1) of this Article, any member of the Fire Service, duly authorized in that behalf by the Committee, shall be empowered to enter any building or other property (not being premises used only as a private dwelling-house) at all reasonable hours for the purpose of inspection: Provided that a person proposing to exercise a power of entry conferred under this Article – (a) shall, if so required, produce evidence of his authority; (b) shall not demand admission as of right to any building or other property which is occupied unless twenty-four hours’ notice of the intended entry has been given to the occupier or reasonable steps have been taken to give such notice. (3) If – (a) any person who, having been admitted into factory or workplace in compliance with the provisions of this Article, discloses, otherwise than in the performance of his duty, to any person any information obtained by him in the factory or workplace with regard to any manufacturing process or trade secret; or (b) any person to whom, by reason of his official position, any information obtained as aforesaid is disclosed, discloses, otherwise than in the performance of his duty, that information to any person; he shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. (4) The powers conferred by this Article shall be in addition to and not in derogation of any powers which would apart from this Article be available under this Law. ARTICLE 4 THE CHIEF OFFICER (1) The Chief Officer shall be appointed by the Committee on such terms as to salary and conditions of service as may be [prescribed]. 3 (2) The Chief Officer shall act under the direction of the Committee and shall be responsible for the efficient training, discipline, organization and functioning of the Fire Service. (3) The Chief Officer may be removed from office or suspended from duty by the Committee where the Committee considers him unfit for, or incompetent to discharge, his duties, or where he has refused or wilfully neglected to obey or carry into effect any instructions lawfully given to him in connexion with the discharge of his duties. ARTICLE 5 FIRE SERVICE OFFICERS [(1) Fire service officers shall be appointed by the Committee in such rank as it shall determine and on such terms as to pay, allowance and other conditions of service as may be prescribed.] 4 (2) A fire service officer may be dismissed by the Committee, or suspended from duty by the Chief Officer, where the Committee or the Chief Officer, as the case may be, considers him unfit for, or incompetent to discharge, his duties, or where he has refused or wilfully neglected to obey or carry into effect any instructions lawfully given to him in connexion with the discharge of his duties: Provided that, where a fire service officer is suspended from duty, the Chief Officer shall immediately report the matter to the Committee. ARTICLE 6 ACTING CHIEF OFFICER (1) In the event of the absence from duty of the Chief Officer, either by reason of illness or for any other cause, or in the event of the office of Chief Officer becoming vacant, the Committee shall appoint a fire service officer to discharge the duties of the Chief Officer during his absence or until the appointment of the next holder of the office, as the case may be. (2) For the purposes of this Law, any fire service officer appointed by the Committee in pursuance of this Article shall, so long as he is acting as such, be deemed to be the Chief Officer, but he shall not be entitled to any additional emoluments in respect of that appointment unless the Committee shall so determine. ARTICLE 7 OATH OF OFFICE The Chief Officer and any fire service officer appointed to act as Chief Officer in pursuance of Article 6 of this Law, shall, on appointment or as soon as may be thereafter, take oath before the Royal Court well and faithfully to discharge the duties of the office. ARTICLE 8 POWERS OF FIREMEN AND POLICE IN EXTINGUISHING FIRES (1) Any member of the Fire Service who is on duty, any member of the Airport Fire Service who is acting in pursuance of any arrangements made under this Law, or any officer of police, may enter and if necessary break into any premises or place in which a fire has or is reasonably believed to have broken out, or any premises or place which it is necessary to enter for the purposes of extinguishing a fire or of protecting the premises or place from acts done for fire-fighting purposes, without the consent of the owner or occupier thereof, and may do all such things as he may deem necessary for extinguishing the fire or for protecting from fire, or from acts done as aforesaid, any such premises or place or for rescuing any person or property therein. (2) Any person who wilfully obstructs or interferes with a member of the Fire Service or the Airport Fire Service or any officer of police who is engaged in operations for fire-fighting purposes shall be liable to a fine not exceeding twenty-five pounds. (3) At any fire the senior fire service officer present shall have the sole charge and control of all operations for the extinction of the fire, including the fixing of the positions of fire engines and apparatus, the attaching of hose to any water pipes or the use of any water supply, and the selection of the parts of the premises, object or place where the fire is, or of adjoining premises, objects or places, against which the water is to be directed. (4) The Company shall not be liable for any claim by reason of the interruption of the supply of water occasioned only by compliance of the Company with a request of any such senior officer as is mentioned in paragraph (3) of this Article to provide a greater supply and pressure of water for extinguishing a fire. (5) The senior officer of the Honorary Police present at any fire, or in the absence of any such officer the senior fire service officer present, may close to traffic any street or may stop or regulate the traffic in any street whenever in the opinion of that officer it is necessary or desirable to do so for fire-fighting purposes. (6) In this Article, the expression “senior fire service officer present”, in relation to any fire, means the senior officer of the Fire Service present at the fire, or, if any arrangements under sub-paragraph (g) of paragraph (1) of Article 3 of this Law provide that any other person shall have charge of the operations for the extinction of the fire, that other person. ARTICLE 9 SUPPLEMENTARY POWERS OF COMMITTEE The powers of the Committee shall include power – (a) to pay to persons, not being members of the Fire Service who render services for fire-fighting purposes, such rewards as the Committee thinks fit; (b) to provide and maintain fire alarms in such positions in any street or public place as the Committee may deem necessary, and to affix any such fire alarm to any wall or fence adjoining a street or public place; (c) to employ the Fire Service personnel and equipment for purposes other than fire-fighting purposes for which it appears to the Committee to be suitable, and to make such charge as may be determined for any services rendered in the course of such employment or use. ARTICLE 10 SUPPLY OF WATER FOR FIRE-FIGHTING (1) The Committee shall take all reasonable measures for ensuring the provision of an adequate supply of water for use in case of fire. (2) For the purposes of this Article, the Committee may enter into an agreement with the Company for the taking by the Company, on such terms as to payment or otherwise as may be specified in the agreement, of such measures as may be so specified for securing that an adequate supply of water will be available in case of fire. [(2A) For the purposes of extinguishing fires, the Company shall permit any person to take, without payment, water from any hydrant under its control.] 5 (3) Notwithstanding the foregoing provisions of this Article, the Committee shall have power by agreement – (a) to secure the use, in case of fire, of water under the control of any person other than the Company; (b) to improve the access to any such water; (c) to lay and maintain pipes and to carry out other works in connexion with the use of such water in case of fire; and shall also have power to use for fire-fighting purposes any other convenient and suitable supply of water, but shall be liable to pay reasonable compensation therefor. ARTICLE 11 NOTICE TO BE GIVEN OF PROPOSED WORKS AFFECTING WATER SUPPLY AND FIRE HYDRANTS (1) Where the Company proposes to carry out any works for the purpose of supplying water to any part of the Island, notice thereof shall be given in writing to the Chief Officer not less than one month before the works are begun. (2) Where the Company proposes to carry out any works which affect any fire hydrant, notice thereof shall be given in writing to the Chief Officer not less than three days before the works are begun: Provided that, where in a case of emergency it is not practicable for notice to be given at the time required by the foregoing provisions of this paragraph, those provisions shall be deemed to have been complied with if the notice is given without undue delay. ARTICLE 12 FIRE HYDRANTS (1) The Committee may make arrangements with the Company for fire hydrants of a pattern approved by the Committee to be fixed on its mains (other than trunk mains), for such hydrants to be kept in good order and to be renewed as the necessity arises. (2) The Committee shall cause the situation of every fire hydrant provided by the Company to be plainly indicated by a notice or distinguishing mark, which may be placed on any wall or fence adjoining a street or public place. (3) Where any fire hydrant is damaged as the result of any use made of it with the authority of the Company, not being a use for fire-fighting purposes or for any other purposes of the Fire Service, the Committee shall not be liable for the cost of repairing or replacing the hydrant incurred as the result of the damage. (4) Any person who uses a fire hydrant otherwise than for fire-fighting purposes or for any other purposes of the Fire Service or for any purpose authorized by the Company, or who damages or obstructs any fire hydrant otherwise than in consequence of its use for any such purpose as aforesaid, shall be liable to a fine not exceeding ten pounds. (5) Any person who damages, or without lawful authority removes, any notice or distinguishing mark placed in accordance with paragraph (2) of this Article, shall be liable to a fine not exceeding ten pounds. [ARTICLE 12A PENALTIES FOR DEFAULT IN RESPECT OF HYDRANTS OR SUPPLY OF WATER If the Company fails to comply with any obligation imposed upon it by Article 10, 11 or 12 of this Law, except when prevented by frost, drought, unavoidable accident or other unavoidable cause or the execution of necessary works, it shall be liable to a fine not exceeding fifty pounds, and to a further fine not exceeding five pounds for each day during which such failure continues.] 6 ARTICLE 13 FIRE STATIONS The States shall make provision for such offices and buildings as may be required for the accommodation of the Fire Service and its equipment, and otherwise for the proper administration of this Law. [ARTICLE 14 ORDERS (1) The Committee may prescribe such matters as it considers necessary for the proper administration of the Fire Service and generally for the purpose of carrying this Law into effect, and may, in particular but without prejudice to the generality of the foregoing, prescribe – (a) the rates of pay, allowances and other conditions of service of fire service officers; (b) the ranks of fire service officers; (c) provisions for holidays and leave of absence, including leave of absence by reason of illness; (d) provisions for retirement and for the payment of superannuation allowances and gratuities. (2) Before prescribing any of the matters dealt with in sub-paragraphs (a), (b), (c) and (d) of paragraph (1) of this Article, the Committee shall consult the Establishment Committee. (3) The Subordinate Legislation (Jersey) Law, 1960 7 shall apply to orders made under this Law.] 8 ARTICLE 15 FINANCIAL PROVISIONS (1) All monies received under this Law shall be credited to the General Revenues of the States. (2) The costs of the administration of this Law shall be defrayed out of the General Revenues of the States. ARTICLE 16 FALSE ALARMS OF FIRE Any person who knowingly gives or causes to be given a false alarm of fire to the Fire Service or the Airport Fire Service or any member thereof, shall be liable to a fine not exceeding [fifty pounds] 9 or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment. ARTICLE 17 FIRES OTHER THAN ACCIDENTAL FIRES (1) Any person who, being the owner of any material to which this Article applies, sets fire to it and, by reason of the spread of the fire, causes damage to the property of another, shall be liable, in the case of a first offence, to a fine not exceeding one hundred pounds and, in the case of a second or subsequent conviction, to a fine not exceeding five hundred pounds: Provided that it shall be a good defence for a person charged with an offence under this Article to prove that he took all reasonable precautions to prevent the fire from spreading. (2) Any person who maliciously sets fire to any material to which this Article applies, being the property of another, shall be liable to imprisonment for a term not exceeding ten years. (3) The material to which this Article applies is any crops (whether standing or cut down) bracken, gorse, grass, heather, leaves, woodland, stack of cultivated produce, building, machinery, goods, aircraft, vehicle or vessel. ARTICLE 18 SHORT TITLE AND COMMENCEMENT This Law may be cited as the Fire Service (Jersey) Law, 1959, and shall come into force on such day as the States may by Act appoint. 10 1 Definition inserted by Fire Service (Amendment No. 2) (Jersey) Law, 1973 (Volume 1973–1974, page 173). 2 Paragraph substituted by Fire Service (Amendment) (Jersey) Law, 1972 (Volume 1970–1972, page 293). 3 Word substituted by Fire Service (Amendment No. 2) (Jersey) Law, 1973 (Volume 1973–1974, page 173). 4 Paragraph substituted by Fire Service (Amendment No. 2) (Jersey) Law, 1973 (Volume 1973–1974, page 173). 5 Paragraph inserted by Water (Jersey) Law, 1972 (Volume 1970–1972, page 319). 6 Article inserted by Water (Jersey) Law, 1972 (Volume 1970–1972, page 319). 7 This Law is included in this Tome. 8 Article substituted by Fire Service (Amendment No. 2) (Jersey) Law, 1973 (Volume 1973–1974, page 174). 9 Words substituted by Fire Service (Amendment) (Jersey) Law, 1972 (Volume 1970–1972, page 293). 10 This Law came into force on 1st December, 1959 (R & O 4094).