Bermuda Consolidated Legislation

BERMUDA
1982 : 76

FIRE SERVICES ACT 1982

ARRANGEMENT OF SECTIONS

1 Short title and com mencement

2 Interpretation

3 Application

ESTABLISHMENT, DUTIES AND POWERS OF FIRE SER VICES DEPARTMENT

4 Fire Services Department established

5 Control of Fire Services Department by Chief Fire Officer

6 Duties of Department

6A Duties of fire officers and obedience to lawful orders

7 Division of financial re sponsibility

8 Ancillary arrangements

9 Fire Services Advisory Board

10 Saving for St. George's Fire Brigade

POWERS OF FIRE OFFICERS

11 Powers in respect of extin guishing fires

12 Supplementary powers of members of the Depart ment

13 Damage done at a fire

14 Protection of officers of the Department

15 Provision of special ser vices

16 Volunteer fire officers

17 Regulations

18 Fire Services Department General Orders

19 Hamilton Corporation property; transfer

20 Obstructing execution of Act

21 False alarms

22 Prosecutions

23 Transfer of officers from Hamilton Corporation [omitted]

24 Transitional [omitted]

25 Hamilton Corporation offi cers transferred; pensions

26 Amendment [omitted]

[23 December 1982]

[preamble and words of enactment omitted]

Short title and commencement

1 This Act may be cited as the Fire Services Act 1982. [provision for commencement omitted]

[This Act was brought into operation on 1 April 1983 by GN 11/1983]

Interpretation

2 In this Act, unless the context otherwise requires—

"calamity" means an occurrence by which life or property is en dangered;

"Chief Fire Officer" means the holder of the public office of Chief Fire Officer and includes a person appointed to act in such office;

"Department" means the Fire Service Department established under section 4;

"fire-fighting purpose" means the extinction of fire, the protection of life and property in case of fire, and the rescue of persons or property from premises where fire or its spread is appre hended;

"fire officer" means an officer of the Department or of the fire brigade maintained by the Corporation of St. George's, as the case may be;

"Minister" means the Minister responsible for Fire Services;

"premises" includes any place;

"street" includes any highway including any highway over a bridge and any road, lane, footway, square, court, alley or passage whether a thoroughfare or not.

Application

3 (1) Nothing in this Act shall abridge or derogate from the pow ers conferred on the Corporation of Hamilton or the Corporation of St.

George's under the Municipalities Act 1923 [title 4 item 1] but in case of conflict between this Act or any regulations made thereunder and any Ordinance made by the Corporation of Hamilton or the Corporation of St. George's, this Act or any regulations made thereunder shall prevail.

(2) This Act shall not apply to the Leased Areas as defined in the United States Bases (Agreement) Act 1952 [title 7 item 41].

ESTABLISHMENT, DUTIES AND POWERS OF
FIRE SERVICES DEPARTMENT

Fire Services Department established

4 For the purposes of this Act there shall be established a Depart ment of Government to be "the Fire Services Department" consisting of a Chief Fire Officer, such senior fire officers, and other fire officers as may from time to time be authorized by the Governor and such volunteer fire officers as the Minister may from time to time authorize.

[section 4 amended by 1998 : 20 effective 18 June 1998]

Control of Fire Services Department by Chief Fire Officer

5 The Chief Fire Officer shall, subject to the orders and control of the Minister, be charged with the general supervision, direction and ad ministration of the Department.

Duties of Department

6 (1) The duties of the Department shall be to —

(a) extinguish fires;

(b) protect life and property in case of fire or other calamity;

(bb)in the case of fire or other calamity, to assist any person who appears to need prompt or immediate medical attention by—

(i) securing his safety;

(ii) resuscitating or sustaining his life; and

(iii) reducing his suffering or distress;

(c) carry out such other duties as may be imposed on it by law or by any direction of the Minister;

(d) do anything which is necessary or desirable to carry out effectively any duty which is specified in this section or imposed under paragraph (c).

(2) For the purposes of paragraph (bb) of subsection (1), it shall be the duty of the Minister to consult with, and act in accordance with the advice of, the Minister for the time being responsible for health, in respect of—

(a) the training to be undertaken by such fire officers as are intended to be assigned to the duties specified in that paragraph; and

(b) the qualifications which must be attained by those fire officers prior to such assignment.

(3) A fire officer who does not satisfy the requirements of subsection (2) as to training and qualification shall not be assigned to duties under subsection (1)(bb).

[Section 6 amended by 1996:12 effective by notice in Official Gazette]

Duties of fire officers and obedience to lawful orders

6A (1) A fire officer, unless duly excused or interdicted from duty, shall at all times be bound, when required by the Department, to dis charge any of the duties imposed upon officers of the Department by or under this Act or any other statutory provision.

(2) Every fire officer shall for the purposes of this Act and any other statutory provision be deemed to be on duty when required by the Department to act as such.

(3) Every fire officer shall obey all lawful orders of his superior officers whether given verbally or in writing and shall obey and conform to all regulations and orders made under this Act.

Division of financial responsibility

7 For the purposes of this Act and in order to secure—

(a) adequate fire protection services for all areas of Bermuda; and

(b) the services referred to in section 6(1)(bb),

the Minister, after consultation with the Minister of Finance, may make such arrangements and agreements with the Corporation of Hamilton and the Corporation of St. George's as may be necessary or expedient for the equitable division of the expenses in providing such services.

[Section 7 replaced by 1996:12 effective by notice in Official Gazette]

Ancillary arrangements

8 The Minister may make such arrangements and agreements as may be necessary or expedient for securing mutual assistance between

the Department, the Corporation of St. George's and other persons who maintain a fire brigade, for dealing with fires where —

(a) it is necessary to supplement the services provided by the Department, the Corporation of St. George's or a fire brigade, in whose area the fire occurs; or

(b) effective services can be more readily obtained from the resources of any organization maintaining a fire brigade whether public or private.

Fire Services Advisory Board

9 (1) There shall be a Fire Services Advisory Board which shall consist of eight members of whom—

(a) two shall be appointed by the Minister acting in accor dance with the advice of the Corporation of Hamilton;

(b) one shall be appointed by the Minister acting in accor dance with the advice of the Corporation of St. George's;

(c) four shall be appointed by the Minister acting in his dis cretion; and

(d) the Chief Fire Officer or his representative ex officio.

(2) The persons appointed under subsection (1)(a), (b) and (c) shall hold office for such period and on such terms as may be deter mined at the time of their respective appointments.

(3) The Minister shall appoint one of the members to be Chair man of the Board.

(4) The Minister shall provide the Board with a secretary.

(5) It shall be the duty of the Board to give advice to the minis ter on fire protection measures generally and as occasion requires and with respect to the duties of the Department under this Act.

(6) Fees shall be paid to the members of the Board in accor dance with the Government Authorities (Fees) Act 1971 [title 14 item 6].

Saving for St. George's Fire Brigade

10 This Act does not curtail or affect in any manner the right of the Corporation of St. George's to provide its own fire protection services within the limits of St. George's.

Powers in respect of extinguishing fires

11 (1) Any fire officer, who is on duty or any police officer may enter and if necessary break into —

(a) any premises or, place in which a fire has or is reason ably believed to have broken out; or

(b) any premises or place which it is necessary to enter for the purpose of extinguishing a fire or preventing the spread of fire or of protecting the premises or place from acts done for fire-fighting purposes; or

(c) any such premises or place for rescuing any person or property therein; or

(d) any such premises or place for the purposes of section 6(1)(bb),

and any such entry or breaking may be carried out without the consent of the owner or occupier thereof and the person effecting such entry or breaking may do all such things as he may deem necessary for extin guishing the fire or preventing its spread or for accomplishing any of the purposes giving rise to the entry or breaking.

(2) The senior fire officer present at any fire may take all rea sonable measures to ensure that water supplies for fire-fighting purposes are adequate, and may use any convenient and suitable supply of water with or without the consent of the owner:

Provided that, where water is taken from any private storage tank, arrangements shall be made by the Chief Fire Officer as soon as practicable after the fire for the quantity of water taken to be replaced.

(3) The senior fire officer present at any fire may —

(a) close to traffic (whether pedestrian, animal or vehicular) any street or may stop or regulate such traffic in any street whenever in the opinion of that officer it is neces sary or desirable to do so, for fire-fighting purposes; and

(b) designate a fire zone into which no unauthorized person shall be allowed to enter or remain except for fire-fight ing purposes.

[Section11 amended by 1996:12 effective by notice in Official Gazette]

Supplementary powers of members of the Department

12 (1) Any building, structure, premises, vehicle or vessel exclud ing a private dwelling house, may be examined, by arrangement with the owner or occupier by any fire officer of the Department authorized in writing by the Chief Fire Officer for the purposes of ascertaining all mate rial circumstances which may affect fire-fighting purposes.

(2) If after application to the owner or occupier entry for such examination has, in the opinion of the Minister been unreasonably with held, the Minister may give twenty-four hours notice of intention to enter and carry out such examination, and at the expiry of such period, such member shall have such power of entry for such purposes without fur ther authority.

(3) Notwithstanding subsections (1) and (2), for the purposes of ascertaining whether a fire hazard exists or whether there is or has been a contravention of any regulations made under this Act, any officer of the Department shall, if authorized in writing by the Chief Fire Officer, have a right to enter and inspect any building, structure, premises, vehicle or vessel at all reasonable times, so however that in respect of a private dwelling house no inspection shall be made under this section without the consent of the owner or occupier unless twenty-four hours notice in writing has been given.

(4) If it appears to an officer making an inspection under sub sections (1), (2) and (3) that a hazard to life or property from fire exists which cannot be effectively rectified by any power contained in regula tions made under this Act, he shall in writing notify the owner or occu pier of the condition causing such hazard and a copy of such notice shall be deposited at the office of the Chief Fire Officer.

(5) Where such hazard is of undue proportion, or where no ac tion to rectify the condition is taken within a reasonable time a court of summary jurisdiction may on the application of the Chief Fire Officer, make an order requiring the owner or occupier whosoever appears to the court to be responsible for the condition, to execute such work or take such other steps as may be necessary to eliminate the hazard, and such order shall specify the time within which the work must be completed.

(6) If in the opinion of the court a grave hazard to life exists the order may prohibit the use of the building, structure or premises, until the hazard has been obviated.

(7) Any person who contravenes any order made by a court under this section commits an offence:

Punishment on summary conviction: imprisonment for 6 months or a fine of $2,000 or both such imprisonment and fine.

(8) Without prejudice to subsection (7) where a person has been convicted under that subsection, a fire officer or other person duly authorized by the Chief Fire Officer may enter upon the premises and ex ecute such work or do such other things as may be specified in the or der, and any expenses incurred in so doing shall, whatever the amount, be recoverable by the Minister from such person before a court of sum mary jurisdiction as a civil debt.

Damage done at a fire

13 Any damage done by the Department in the execution of its du ties on the occasion of a fire shall be deemed to be damage by fire within the meaning of any policy of insurance against fire.

Protection of officers of the Department

14 (1) No fire officer acting bona fide under powers conferred by this Act shall be liable to any action for damages for any act done or omitted to be done by him in connexion with his duties on the occasion of a fire or other calamity.

(2) Where a fire officer has done or omitted to do any thing in connexion with his duties which he is empowered to do or omit to do on the occasion of a fire or other calamity, and it is subsequently discovered that a fire or other calamity had not in fact occurred, such act or omis sion shall be deemed to have been done in good faith and would have been lawfully done or omitted if a fire or other calamity had in fact oc curred.

(3) For the avoidance of doubt it is hereby declared that the provisions of this section apply to any act done or omitted to be done by a fire officer in connexion with his duties under section 6(1)(bb).

[Section14 amended by 1996:12 effective by notice in Official Gazette]

Provision of special services

15 (1) On the application of any person, the Chief Fire Officer may, if he thinks fit, detail any fire officer to do special duty in, or upon or about any premises, vessel, vehicle or aircraft specified by the applicant and for the purpose furnish such equipment as he may deem necessary.

(2) The applicant shall pay to the Chief Fire Officer for the ser vices of any officer so detailed and for the use of equipment so furnished the cost calculated in accordance with the rates from time to time speci fied by the Minister by regulations under this Act.

(3) Any amount due from an applicant under this section shall be a debt due from the applicant to the Government.

Volunteer fire officers

16 (1) A volunteer fire officer shall not be deemed to be an officer in the public service by virtue only of the fact that he is an officer of the Department, but in the event of any such officer being injured or killed while engaged in his duties as a volunteer fire officer under this Act, he or his estate representative, as the case may be, shall be entitled to be paid out of public funds such compensation as would have been payable under the Workmen's Compensation Act 1965 [title 18 item 3] if he had been at the time of such injury or death a workman within the meaning of that Act, employed in the public service at a wage equivalent to the salary entitlement of a fire officer of comparable rank in the Department.

(2) A volunteer fire officer may be paid such remuneration or allowances as may be prescribed by regulations under this Act.

Regulations

17 (1) The Minister may make regulations providing for—

(a) the precautions and measures to be taken for the pre vention of fire;

(b) the provision and maintenance of adequate protection against fire and spread of fire;

(bb) subject to section 6(2), the training and qualification of such fire officers as are intended to be assigned to duties specified in section 6(1)(bb) and the provision and maintenance of equipment for the purposes of that section.

(c) the provision, maintenance and regulation of adequate means of escape and associated safeguards for the pro tection of life from fire;

(d) the removal and rectification of fire hazards;

(e) the investigation into the causes and circumstances of any fire;

(f) the regulation of the type and nature of fire extinguish ers or heating appliances offered for sale;

(g) the regulation of servicing and recharging of fire extin guishers;

(h) the keeping and production of statistical records or other information relating to fire and fire losses;

(i) any matter or control which may from time to time be considered expedient for fire protection;

(j) prescribing the ranks and insignia of the Department;

(k) discipline and punishment of subordinate officers and members of other ranks;

(l) description of uniforms and equipment to be provided;

(m) prescribing a tariff of fees to be paid to the Chief Fire Of ficer for any special duty rendered by any fire officer or for equipment furnished under section 15;

(n) for the payment of any such fees to the Consolidated Fund or to any fire officer rendering such special duty;

(na) the grant, revocation, suspension and renewal of fire certificates by the Chief Fire Officer regarding premises, the manner in which they may be applied for, the fees to be charged in relation thereto and otherwise for all other matters in respect thereof;

(o) such other matters as may be necessary or expedient for rendering the Department efficient in the discharge of its duties;

(p) prescribing anything required or authorized to be pre scribed under this Act;

(q) generally for the better carrying out of this Act.

(2) Regulations made under this section may provide for the exercise and performance by the Corporation of St. George's of the pow ers and duties of the Department under this Act or the regulations made thereunder within the municipal boundaries of the Corporation, subject to such conditions and reservations as may be specified in any such reg ulations.

(3) Different regulations may be made in relation to different parts of Bermuda.

(4) Regulations made under this section may provide for the trial and punishment of persons contravening the regulations, so how ever that no punishment shall exceed a fine of five thousand dollars or imprisonment for a term of one year or to both.

(5) Regulations made under this section affecting the area of operation of the Corporation of St. George's shall only be made after con sultation with the Corporation.

(6) Regulations made under this section shall be subject to the negative resolution procedure.

[Section17 amended by 1996:12 effective by notice in Official Gazette]

Fire Services Department General Orders

18 The Chief Fire Officer may make orders to be called "Fire Ser vices Department General Orders", not inconsistent with this Act or any regulations made thereunder, for the general control, direction and in

formation of the Department and in particular relating to any or all of the following matters —

(a) organization, administration, training and discipline;

(b) all fire service duties;

(c) dress, clothing and equipment;

(d) accommodation, buildings, stores, furniture an equip ment;

(e) classifications and promotions;

(f) inspections, drills, exercises and parades;

(g) welfare of fire officers;

(h) management and good government of all canteens, messes and recreation rooms;

(i) services to be performed by fire officers;

(j) the manner and form of reports, correspondence and other records;

(k) the performance of any act which may be necessary for the proper carrying out of this Act or any regulations made thereunder;

(l) such other matters as may be necessary or expedient for preventing abuse or neglect of duty, for rendering the Department efficient in the discharge of its duties and for carrying out the objects of this Act.

Hamilton Corporation property; transfer

19 On 1 April 1983 any engine, equipment, vehicle and other mov able property and assets belonging to the Corporation of Hamilton and used by that Corporation in connexion with its fire services shall be transferred to, and shall vest in, the Government.

Obstructing execution of Act

20 (1) Subject to subsection (2), any person who wilfully obstructs a police officer or a fire officer acting in the execution of his duties under this Act or under the regulations made there under commits an offence:

Punishment on summary conviction: imprisonment for 12 months or a fine of $5,000 or both such imprisonment and fine.

(2) If the offence constituted under this section is committed while a police officer or a fire officer is engaged in operations for fire-fighting purposes, the offender may be arrested without warrant by any

such officer.

False alarms

21 Any person who gives or causes to be given a fire alarm which he knows to be false to the Department or to any officer thereof commits an offence:

Punishment on summary conviction: a fine of $2,000; and in respect of a subsequent offence, imprisonment for 12 months or a fine of $5,000 or both such imprisonment and fine.

Prosecutions

22 Criminal proceedings in respect of an offence against this Act shall not be instituted except by or with the consent of the Attorney-General.

Transfer of officers from Hamilton Corporation

23 [omitted]

Transitional

24 [omitted]

Hamilton Corporation officers transferred; pensions

25 (1) Where an officer holding a pensionable office with the Cor poration ceases to be the holder of such office by reason of his transfer with his consent to the public service and such person subsequently re tires from the public service in such circumstances that, had he re mained an officer in the service of the Corporation he would have been eligible for pension under the pension scheme established by the Corpo ration subsection (2) shall have effect.

(2) Payment of any pension to any officer as is mentioned in subsection (1) by the Government to whose service he has been trans ferred shall be calculated in accordance with the Public Service Super annuation Act 1981 [title 9 item 31] in respect of his total service in the service of the Corporation and in the public service taken together and such service shall be reckoned as continuous for pension purposes.

Amendment

26 [omitted]