|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Brunei Legislation |
[Database Search] [Name Search] [Noteup] [Download] [Help]
LAWS OF BRUNEI
CHAPTER 82
FIRE SERVICE
6 of 1966
1984 Ed. Cap. 82
Amended by
S 18/88
S 13/00
REVISED EDITION 2002
(15th April 2002)
Section
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Citation.
2. Interpretation.
PART II
Constitution, Duties and Powers
3. Constitution.
4. Terms of service of members of Fire Service.
5. Administration of Fire Service by Director.
6. Delegation of Director’s powers.
7. Duties of Fire Service.
8. Powers of Fire Service on occasion of fire.
8A. Emergencies not involving fire.
8B. Power to investigate.
8C. Powers of arrest and search.
PART III
Discipline
9. Offences against discipline generally.
10. Offences against discipline by senior officers.
11. Offences against discipline by subordinate officers and rank andfile.
12. Penal deduction from emoluments.
13. Removal of doubt.
PART IV
Miscellaneous
14. Fire Service Orders.
15. Damage done at a fire.
16. Protection of members of Fire Service.
17. Special duty and expenses thereof.
17A. Fees. Fourth Schedule.
18. Regulations.
19. Amendment etc. of Schedules.
20. Offences.
21. Application of Act and regulations to vessels etc.
FIRST SCHEDULE — OFFENCES AGAINST DISCIPLINE
SECOND SCHEDULE — INVESTIGATION PROCEDURE THIRD SCHEDULE — PUNISHMENT FOR OFFENCES AGAINST DISCIPLINE FOURTH SCHEDULE — FEES
__________________________
FIRE SERVICE ACT
An Act to make provisions as to the constitution, duties and powers of the Fire Service and as to the discipline thereof and for purposes connected with the matters aforesaid.
Commencement: 4th August 1966
PART I
Preliminary
Citation.
1. This Act may be cited as the Fire Service Act.
Interpretation.
2. In this Act, unless the context otherwise requires —
“Director” means the Director of the Fire Service;
[S 18/88]
“General Orders” means the General Orders of the Government;
“member” means a person who is either a senior officer, a subordinate officer, or of the rank and file of the Fire Service;
[S 18/88]
“rank and file” means a member of the Fire Service below the rankof a subordinate officer;
[S 18/88]
“senior officer” means a member of the Fire Service of the rankof Superintendent or above;
[S 18/88]
“subordinate officer” means a member of the Fire Service of therank of Station Officer and Assistant Station Officer.
[S 18/88]
PART II
Constitution, Duties and Powers
Constitution.
3. The Fire Service of Brunei Darussalam shall consist of such complement of senior officers, subordinate officers and rank and file asHis Majesty the Sultan and Yang Di-Pertuan in Council may direct.
[S 18/88]
Terms of service of members of Fire Service. [S 18/88]
4. The Pensions Act (Chapter 38) and the Pension Regulations andGovernment General Orders for the time being in force, save in so far as isotherwise provided therein or in this Act or in any regulations made under thisAct shall apply to all members.
Administration of Fire Service by Director. [S 18/88]
5. The Director, subject to the orders and control of the Minister,shall be charged with the supreme direction and administration of the FireService.
[S 18/88]
Delegation of Director’s powers. [S 18/88]
6. The functions of the Director under this Act and under any regulations made thereunder and under any other Act may, subject to theinstructions of the Director, be performed by the Deputy Director.
[S 18/88]
Duties of Fire Service. [S 18/88]
7. The duties of the Fire Service shall be to take lawful measures for—
[S 18/88]
(a) extinguishing, fighting, preventing and controlling fires;
[S 13/00]
(b) protecting life and property in case of fire;
(c) The prevention of fire;
[S 13/00]
(d) investigating into the cause, origin and circumstances offires;
[S 13/00]
(e) performing humanitarian services, including the protection of lifeand property in any calamity;
[S 13/00]
(f) giving advice on fire protection measures and fire hazards;
[S 13/00]
(g) executing such other duties as may be imposed on them.
[S 13/00]
Powers of Fire Service on occasion of fire.
8. The Director or other officer in charge of the Fire Service or anycontingent thereof on the occasion of a fire may —
[S 18/88]
(a) take such measures as may appear to him to be necessary orexpedient for the protection of life and property;
(b) remove or order any member under his command to remove anyperson interfering by his presence or actions with the operation of the FireService;
[S 18/88]
(c) by himself or members under his command enter, break into orthrough and take possession of or demolish any premises for the purpose ofputting an end to the fire or for preventing the spread of the fire;
[S 13/00]
(d) close any street near the site of fire;
(e) use any convenient supply of water.
Emergencies not involving fire. [S 13/00]
8A. On the occasion of an emergency not involving fire or the risk offire, the powers referred to in sections 7 and 8 shall be exercised by anymember if he is of the opinion that life or property are in imminent danger.
Power to investigate. [S 13/00]
8B. (1) The Director and any member authorised by him in writingshall have the power to investigate the commission of any offence under this Actor any regulations made thereunder.
(2) Every person required by the Director or such authorised memberto give information or produce any document or other article relatingto the commission of any such offence which is in that person’s power togive shall be legally bound to give the information or to produce the documentor other article.
(3) Nothing in this section affects any power of any police officer.
Powers of arrest and search. [S 13/00]
8C. The Director, any member authorised by him in writing, and anypolice officer may without a warrant arrest any person whom he reasonablysuspects to have committed an offence punishable under this Act or anyregulations made thereunder —
(a) if the name and address of that person are unknown to him;
(b) if that person declines to give his name and address;
(c) if there is any reason to doubt the accuracy of the name andaddress, if given; or
(d) if in his opinion he likely to abscond.
(2) A person arrested under this section may be detained until his name andaddress have been correctly ascertained.
(3) No person so arrested shall be detained longer than is necessary forbringing him before a court, unless the order of a court for his detention hasbeen obtained.
(4) Any member authorised by the Director in writing and any police officer may without a warrant and with or without assistance stop and search any person, whether in a public place or not, if he has reason to believe that any evidence of the commission of an offence against this Act or regulations made thereunder is likely to be found on such person and may seize any evidence so found.
(5) No women shall be searched under subsection (4) except by a woman.
PART III
Discipline
Offences against discipline generally.
9. Any member who commits any of the offences against disciplinespecified in the First Schedule shall be liable to be dismissed or otherwisepunished as provided in this Act and in regulations made thereunder.
Offences against discipline by senior officers.
10. Whenever it is alleged that any senior officer has been guilty ofan offence against discipline —
(a) the provisions of General Orders which relate to interdictionshall apply;
(b) the matter shall be investigated and the senior officer dealtwith in the appropriate manner provided by the said regulations and orders forallegations of misconduct made against a public officer.
Offences against discipline by subordinate officers and rank andfile.
11. (1) Wherever it is alleged that any subordinate officer or anyof the rank and file has committed an offence against discipline —
(a) the Director may interdict him from duty;
[S 18/88]
(b) investigation shall be made into the allegation in the manner prescribed by the rules of procedure contained in the Second Schedule and on proof thereof any such punishment as is mentioned in the Third Schedule may be awarded by the appropriate authority therein specified.
(2) Any subordinate officer or any of the rank and file who isinterdicted from duty under subsection (1) shall receive half of theemoluments of his office unless the Director orders otherwise; if theproceedings against him are dismissed he shall be entitled to received thebalance of the full amount of the emoluments which he would have received if hehad not been interdicted.
[S 18/88]
Penal deductions from emoluments.
12. (1) The following penal deductions may be made from the emoluments due to a member —
(a) all emoluments for every day of absence either on desertion orwithout leave;
(b) the sum required to be paid for an offence againstdiscipline.
(2) For the purpose of subsection (1) —
(a) no member shall be treated as absent unless the absence haslasted 3 hours or upwards except where the absence prevented the prompt despatchof any contingent, appliance, fire float or vehicle of the Fire Service inanswer to any call;
[S 18/88]
(b) the number of days shall be reckoned as from the time when theabsence commences.
Removal of doubt.
13. For the avoidance of doubt it is hereby declared that —
(a) if criminal proceedings are instituted against a member, he may be interdicted from duty and thereafter paid emoluments as follows—
(i) if a senior officer, in accordance with the provisions of General Orders;
(ii) if a subordinate officer or of the rank and file, inaccordance with the provisions of section 11;
(b) if a member is convicted of a criminal offence he may bedismissed in accordance with the provisions of General Orders;
(c) nothing in this Part shall be construed to preclude thesummary dismissal of any member in accordance with the General Orders.
PART IV
Miscellaneous
Fire Service Orders. [S 18/88]
14. (1) The Director may make orders called “Fire Service General Orders” and “Fire Service Standing Orders” not inconsistent with the provisions of —
[S 18/88; S 13/00]
(a) this Act and any regulations made thereunder;
(b) Regulations and General Orders, as modified by this Act and byregulations made thereunder.
(2) Such orders may prescribe or provide for —
(a) the control, direction and information of the Fire Service;
[S 18/88]
(b) discipline and the regulation and carrying out ofpunishment;
[S 13/00]
(c) training;
(d) classifications and promotions;
(e) inspections, drills, exercises and parades;
(f) welfare;
(g) departmental finance;
(h) buildings, grounds, stores, furniture and equipment;
(i) services to be performed by members;
(j) the manner and form of reports, correspondence and otherrecords;
(k) the performance of any act which may be necessary for the propercarrying out of the provisions of this Act or any regulations made thereunder orof any other Act or for the discharge of any duty imposed by the law on the FireService;
[S 18/88]
(l) instructions and examinations;
[S 13/00]
(m) Fire Service duties of every description and the manner in whichthey shall be carried out;
[S 13/00]
(n) the institution and maintenance of messes, canteens, readingrooms and sports organisation;
[S 13/00]
(o) the control and use of all Fire Service equipment;
[S 13/00]
(p) transfers of members, the places at which they shall reside andthe particular services to be performed by them;
[S 13/00]
(q) such other matters as may be necessary or expedient forpreventing abuse or neglect of duty, for rendering the Fire Service efficient inthe discharge of its duties and for carrying out the objects of this Act.
[S 13/00]
Damage done at a fire.
15. Any damage done or loss suffered in consequence of any actiontaken or work done by the Fire Service in execution of its duties or powers onthe occasion of a fire shall be deemed to be damage by fire within the meaningof any policy of insurance against fire.
[S 18/88; S 13/00]
Protection of members of Fire Service. [S 18/88]
16. No member acting bona fide under powers conferred by thisAct shall be liable to any action for damages for any act done or omitted to bedone by him in connection with his duties on the occasion of a fire or anycalamity.
[S 13/00]
Special duty and expenses thereof.
17. (1) On the application of any person, the Director may, if hethinks fit detail any member to do special duty in upon or about any premises,business, vessels, vehicle, aircraft or any moveable structures specified by theapplicant and, for the purpose, furnish such equipment as he may deemnecessary.
[S 18/88; S 13/00]
(2) The applicant shall pay to the Director for the services of any memberso detailed and for the use of equipment so furnished such fees as the Directormay decide.
[S 18/88; S 13/00]
(3) All fees so received by the Director shall be paid by him into theTreasury forthwith for credit to Revenue. Unpaid amounts shall berecoverable by the Director by action in the appropriate Court in like manner asother Government debts.
[S 18/88]
Fees. Fourth Schedule. [S 13/00]
17A. The fees specified in the Fourth Schedule shall be paid inrespect of the matters to which they relate.
Regulations. [S 13/00]
18. (1) The Minister, with the approval of His Majesty the Sultanand Yang Di-Pertuan, may make regulations generally for carrying into effect theobjects and purposes of this Act, including the prescription of fees, and forthe due administration thereof.
(2) Such regulations may make different provision as respectsdifferent classes of case to which they apply, and may include suchincidental, consequential and supplementary provisions as the Ministerconsiders necessary or expedient.
Amendment etc. of Schedules. [S 13/00]
19. The provisions contained in any Schedule may be amended, cancelledor replaced by regulations made by the Minister with the approval of His Majestythe Sultan and Yang Di-Pertuan.
Offences.
20. (1) Any person who resists or obstructs any member acting in theexecution of his duty shall be guilty of an offence: Penalty, a fine notexceeding $6,000, imprisonment for a term not exceeding 2 years or both.
[S 13/00]
(2) Any member who —
(a) deserts;
(b) on the occasion of a fire wilfully disobeys a lawfulcommand of a member whom it is his duty to obey,
shall be guilty of an offence: Penalty, a fine of $1,800 and imprisonment for 6 months.
(3) Any person who, not being a member, wears, without permission of theDirector, the uniform of the Fire Service, or any dress having the appearance orbearing any of the distinctive marks of that uniform, shall be guilty of anoffence: Penalty, a fine of $3,000.
[S 18/88]
(4) No prosecution for any offence punishable under this Act or anyregulations made thereunder shall be instituted except with the writtensanction of the Public Prosecutor.
[S 13/00]
(5) Prosecutions for offences punishable under this Act or any suchregulations may be conducted by a member authorised in writing in that behalf bythe Public Prosecutor.
[S 13/00]
Application of Act and regulations to vessels etc. [S13/00]
21. The provisions of this Act apply, subject to such modifications asmay be prescribed, to —
(a) vessels remaining moored or on dry land, for such periods or insuch circumstances as may be prescribed;
(b) tents and other movable structures;
(c) vessels or boats afloat or travelling within Brunei Darussalam;
(d) any buildings built along a river.
FIRST SCHEDULE
(section 9)
OFFENCES AGAINST DISCIPLINE
Any member commits an offence against the discipline who —
(1) is guilty of cowardice in the performances of his duty;
(2) without good and sufficient cause fails to carry out any lawful order,whether written or verbal;
(3) is insubordinate towards any member whose orders it is his duty toobey;
(4) (a) neglects or without good and sufficient cause fails to do,promptly and diligently, anything it is his duty to do;
(b) by carelessness or neglect in the performance of his dutycontributes to the occurrence of any loss, damage or injury to any person orproperty;
(5) knowingly makes any false, misleading, or inaccurate statement inconnection with his duty either verbally or in writing;
(6) with intent to deceive destroys any official record, document or book oralters or erases any entry therein;
(7) without proper authority —
(a) divulges any matter which it is his duty to keep secret;
(b) directly or indirectly communicates to the press or to any otherperson any matter which may have come to his knowledge in the course of hisofficial duties;
(c) publishes any matter or makes any public pronouncement relating tothe Fire Service;
[S 18/88]
(8) (a) solicits or receives any unauthorised fee, gratuity orother consideration in connection with his duties as a member;
(b) fails to account for, or to make a prompt and true return of,any money or property for which he is responsible, either inconnection with his duties as a member or with any fund connected with the FireService or the Fire Service staff;
[S 18/88]
(c) improperly uses his position as a member;
(9) without proper authority or reasonable excuse —
(a) absents himself from duty or from any place of parade;
(b) arrive late for any duty or parade;
(10) (a) wilfully or negligently damages or loses any articles of clothing or equipment, or any implement, accoutrement or appointment whatever, with which he has been provided or entrusted or failsto take proper care thereof;
(b) neglects to report any damage to, or loss of, any articles ofclothing, or equipment, or any implement, accoutrement, orappointment whatever, with which he has been provided or entrusted;
(11) when on duty, or called upon for duty, is unfit for duty throughdrinking intoxicating liquor;
(12) when on or off duty acts in a disorderly manner, or in any mannerprejudicial to discipline, or likely to bring discredit upon the Fire Service orthe public services;
[S 18/88]
(13) is guilty of anything, whether by reason or contravention of General Orders or otherwise which amounts to misconduct in a public officer.
SECOND SCHEDULE
(section 11)
INVESTIGATION PROCEDURE
Except and in so far as it is inconsistent with the provisions of the GeneralOrders relating to Disciplinary Procedure, rules of procedure for theinvestigation into offences against discipline by subordinate officers and rankand file are as follows —
(1) Every charge shall be entered on a charge sheet.
(2) Every charge shall be investigated by the Director in the first instancewithout delay in the presence of the accused and a full record thereof be madeby the Director.
[S 18/88]
(3) The charge shall be read and explained to the accused.
(4) Evidence shall not be on oath.
(5) The accused shall have full liberty to cross-examine any witness againsthim and to call any witness and make any statement in his defence.
(6) No documentary evidence shall be used against the accused unless he haspreviously been supplied with a copy thereof or has been given accessthereto.
(7) The Director may at any stage of the proceedings amend the charge or adda new charge:
[S 18/88]
Provided that in such event the amended or new charge shall be read and explained to the accused who shall be entitled to have any witnesses who have given evidence recalled for further cross-examination and to call such further witnesses as he may desire.
(8) At the conclusion of the hearing of a charge, the Director shall—
[S 18/88]
(a) if in his opinion the evidence does not show that some offenceagainst discipline has been committed, dismiss it;
(b) if in his opinion the evidence does show that some offenceagainst discipline has been committed either —
(i) award a punishment within his powers; or
(ii) refer the case to the Public Service Commission.
(9) (1) Whenever the Director refers a case to the Public Service Commission under paragraph (b) of rule 8 he shall forward —
[S 18/88]
(a) a typed copy of the record of proceedings (including the charge)certified by himself to be a true copy of the original thereof;
(b) a report setting out —
(i) his reasons for considering the charge proved;
(ii) his recommendations as to punishment;
(c) the accused’s conduct sheet.
(2) Whenever the Director so refers a case he shall inform theaccused that he may within 14 days forward any further representations he maywish to make in writing to the Public Service Commission.
[S 18/88]
(10) Every punishment awarded shall be entered in the conduct sheet of themember so punished.
THIRD SCHEDULE
(section 11)
PUNISHMENT FOR OFFENCES AGAINST DISCIPLINE
PART I
Subordinate Officers
Subject to the General Orders, subordinate officers found guilty of anoffence against discipline may be awarded punishment as follows —
(1) By the Disciplinary Authority —
(a) Any of the following —
(i) dismissal;
(ii) reduction in rank;
(iii) stoppage of increment;
(iv) fine;
(v) extra drills;
(vi) severe reprimand;
(vii) reprimand.
(b) in addition to any of the above, payment by way ofcompensation for any loss of or damage to any article of clothing or equipment,or any implement, accoutrement or appointment whatever with which he has beenprovided or entrusted, or to any Government property.
(2) Without prejudice to (1) above the Director may award any of thefollowing punishments —
[S 18/88]
(a) a fine of $300;
(b) extra drills;
(c) severe reprimand;
(d) reprimand.
PART II
Rank and File
Rank and file found guilty of an offence against discipline may beawarded punishment by the Director as follows —
[S 18/88]
(1) Any of the following —
(a) stoppage of increment;
(b) fine not exceeding $300;
(c) extra drills;
(d) severe reprimand;
(e) reprimand.
(2) In addition to any of the above, payment by way ofcompensation for any loss of or damage to any article of clothing orequipment, or any implement, accoutrement or appointment whatever with which hehas been provided or entrusted, or to any Government property.
FOURTH SCHEDULE
[S 13/00]
(section 17A)
FEES
A. On registration of plans submitted $ 5.00 each
B. On processing and approval of new, resubmitted, altered oramended plans —
Private dwelling house plan (bungalows, terrace houses, detached and semi- detached houses) Architectural, mechanical, electrical and fire-protection plans (commercial, factories, flats, hotels, offices and others)
C. Inspection, testing and checking of fire- fighting equipment, per time—
$ 15.00 per unit
$ 50.00 per storey per building
Automatic sprinkler $ 150.00 per sytem Wet riser $ 100.00 per system Dryriser $ 150.00 per system Fire-hose reel $ 50.00 per system
Automatic detection system $ 100.00 per system
Manual break-glass callpoint $ 50.00 per system
Portable fire extinguisher (excluding refill)
Fixed installation system (CO2, FM200, Inergen and others) $ 1.00 each $ 100.00 per system
Smoke spill system $ 100.00 per system
Firemen lifts $ 50.00 each
Fire hydrant $ 15.00 each
Firemen intercom communication system in a building $ 50.00 per system
Fire dampers $ 10.00 each
Fire door $ 1.00 each
Standby generator $ 25.00 per system
Emergency lighting and Exit signs $ 5.00 per storey per building
Pressurised staircase $ 50.00 per system
LPG (Liquefied Petroleum Gas) piping and/or Chlorination system $ 50.00 per system
Escalator $ 50.00 per system
Fire shutters $ 50.00 per building
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/bn/legis//fs82172