Fire Brigade Law (1995 Revision) THE FIRE BRIGADE LAW, 1979 (21 OF 1979)

Fire Brigade Law (1995 Revision) Supplement No. 2 published with Gazette No. 11 of 29th May, 1995. THE FIRE BRIGADE LAW, 1979 (21 OF 1979) (1995 Revision) Consolidated with Laws 12 of 1980 and 5 of 1982. Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Law 21 of 1979-11th June, 1979 Law 12 of 1980-18th March, 1980 Law 5 of 1982-13th July, 1982 Consolidated and revised this 4th day of April, 1995. Fire Brigade Law (1995 Revision) 2 Fire Brigade Law (1995 Revision) FIRE BRIGADE LAW (1995 Revision) ARRANGEMENT OF SECTIONS 1. Short title 2. Definitions 3. The Fire Brigade 4. Constitution of the Brigade 5. Chief Fire Officer’s duties 6. Rules of discipline 7. Chief Fire Officer’s powers 8. Officers’ duties 9 Officers’ powers 10. Right of consultation 11. Chief Fire Officer may issue directions 12. Fire damage 13. Volunteer officers 14. Securing entry to premises or place 15. Regulations 16. Penal 3 Fire Brigade Law (1995 Revision) 4 Fire Brigade Law (1995 Revision) FIRE BRIGADE LAW (1995 Revision) 1. This Law may be cited as the Fire Brigade Law (1995 Revision). Short title 2. In this Law, unless the context otherwise requires- Definitions “Brigade” means the Fire Brigade established by section 3; “calamity” means an occurrence by which life or property is endangered; “Chief Fire Officer” means the officer appointed by section 3 to have charge of the Brigade and includes any officer performing his duties as such; “Commissioner” means the Commissioner of Police; “fire equipment” means any installation or equipment for attacking, preventing, limiting or giving warning of a fire or providing means of access for that purpose; “fire hazard” means any state of affairs tending to increase the likelihood of a calamity; “Governor” means the Governor in Council; “Law” means this Law and any subordinate legislation made under it; “Minister” means the member of Executive Council responsible for fire services; “occupant” means a person who, independently of this Law, has a right to be present in any building or premises; “occupier” means every person who, independently of this Law, exercises or has the right to exercise control over any building or premises; “officer” means an officer of the Brigade as constituted by section 4; and “vehicle” bears the meaning ascribed to that term in section 2 of the Traffic Law, Law 24 of 1991 1991. 5 Fire Brigade Law (1995 Revision) 3. There is hereby established in the Islands a fire fighting service called the The Fire Brigade Fire Brigade which shall, subject to the supervision of the Minister, be commanded by a Chief Fire Officer and shall consist of the Chief Fire Officer and such other officers of such ranks and designations as the Governor acting in his discretion may, from time to time, appoint. Constitution of the 4. (1) The Brigade shall consist of gazetted officers, permanent officers, Brigade probationary officers and volunteer officers who shall be appointed by the Governor acting in his discretion upon the advice of the Public Service Commission and who shall, subject to section 3, have the rank and precedence prescribed by the Regulations. 1995 Revision (2) Subject to this Law, officers of the Brigade, in the absence of any 1976 Revision contract to the contrary, are pensionable under the Pensions Law (1995 Revision) and subject to the Public Service Commission Law (Revised). Chief Fire Officer’s 5. The Chief Fire Officer’s duties and responsibilities include- duties (a) the preservation, care and control of all stores and fire and other equipment provided for the use of the Brigade; (b) the discipline, administration and training of the Brigade; (c) control of fire-fighting; (d) the elimination or reduction of fire hazards; and (e) the enforcement of this Law. Rules of discipline 6. The Governor may make rules in respect of the discipline of officers regarding their routine duties within the ambit of paragraph (b) of section 5. Chief Fire Officer’s 7. The Chief Fire Officer, in the course of carrying out his duties, shall have powers towards the general public, powers equivalent to the Commissioner in the carrying out of his duties and shall take precedence over the Commissioner when, and only when, he is engaged in fighting a fire which has not been brought under control. Officers’ duties 8. The duties of officers include- (a) fire fighting; (b) the elimination and reduction of fire hazards; (c) the enforcement of this Law; (d) the maintenance of stores and equipment; (e) compliance with the lawful orders of superior officers; and (f) such other duties as may be assigned to them, from time to time, by or from the Chief Fire Officer. Officers’ powers 6 Fire Brigade Law (1995 Revision) 9. (1) When engaged in their duties officers shall, in relation to the public, have all the powers of constables and when engaged in fighting a fire which is out of control shall take precedence over constables of equivalent rank. (2) In the performance of their fire-fighting duties officers may, in order to extinguish any fire or to avert any calamity- (a) enter upon any premises or place with or without the consent of any occupant or occupier; (b) enter, break into, sink, move or demolish any vessel, vehicle or aircraft with or without the consent of any person in charge thereof; or (c) take such steps including the use of any water supply or water storage, the closure of any street or way and the demolition of any building, as in their opinion are desirable or necessary. (3) Whether or not, for the purpose of this section and section 7, a fire is out of control is a question for the decision of the senior officer present thereat. (4) When engaged in their duty of eliminating and reducing fire hazards, the Chief Fire Officer and any officer authorised in writing by him has, subject to section 14, right of entry to and search of any premises at all reasonable times for the purpose of detecting such hazards and devising remedies thereagainst. (5) No action for damages may be brought against- (a) the Brigade or any member thereof; (b) any constable; (c) any member of the public acting at the request of any officer; or (d) the Crown, in respect of death, injury or loss incurred by any person occasioned in the course of carrying out fire-fighting duties or averting a calamity. 10. The Chief Fire Officer has the right to be consulted by the building and Right of consultation electrical inspectorates, the public health and public works departments and all public undertakers in all matters involving fire hazards. 11. The Chief Fire Officer may issue directions in writing to the occupiers of any Chief Fire Officer may issue directions premises regarding- (a) the accumulation of inflammable material; (b) the storage of combustible material; (c) the provision of access to and exits from any premises; (d) the installation of fire control equipment; 7 Fire Brigade Law (1995 Revision) (e) the provision of hydrants and water supply points; and (f) the cutting and removal of dry vegetation, and the occupier shall comply with such directions: Provided that, when any occupier considers any such direction to be unreasonable, he may appeal to the Minister within ten days of the receipt thereof and the decision of the Minister shall be final and binding upon such occupier. Fire damage 12. Notwithstanding the terms of any contract or policy of insurance, damage or loss caused to any property in the course of fighting or preventing the spread of any fire shall be included as fire damage or loss, as the case may be, as if such damage or loss were caused directly by the fire itself. Volunteer officers 13. Volunteer officers may be recruited upon terms and conditions prescribed by regulations. Securing entry to 14. Where a Justice of the Peace is credibly informed by the Chief Fire Officer premises or place that access to any premises or place under this Law for the purpose of the detection of fire hazards has been refused by any occupant or occupier of any premises or place, such Justice shall issue an entry warrant empowering the Chief Fire Officer to enter by force if necessary. Regulations 15. The Governor may make regulations- (a) defining fire hazards; (b) prescribing minimum standards of access to and egress from buildings; (c) prescribing fire equipment to be provided and maintained in various classes of buildings; (d) providing for fire hydrants; (e) providing for fire stations; (f) prescribing standards of training and methods of fire-fighting; (g) prescribing uniforms and badges of rank to be worn by officers; (h) for the storage of combustible substances in any premises; (i) prescribing conditions of recruiting and employing probationary and volunteer officers; and (j) prescribing anything required to be prescribed by this Law. Penal 16. Whoever being a member of the public- (a) subject to any right of appeal, fails to comply with any directions given him under section 11; (b) obstructs any officer acting in accordance with his duty under this Law; 8 Fire Brigade Law (1995 Revision) (c) fails to comply with any lawful direction oral or otherwise given him by an officer engaged in fire-fighting duties; (d) at any time obstructs any fire hydrant or other water point under the control of the Brigade or access of any fire station; (e) without good cause raises any fire alarm; or (f) contravenes any provisions of this Law directed to members of the public, is guilty of an offence and liable on summary conviction to a fine of five hundred dollars and to imprisonment for three months. Publication in consolidated and revised form authorised by the Governor in Council this 4th day of April, 1995. Mona N. Banks-Jackson Clerk of the Executive Council 9