CHAPTER
209
FIRE SERVICES |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Fire brigades other than volunteer fire brigades. |
Powers of firemen and police in extinguishing
fires. |
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Damage to buildings under this Act within the
meaning of insurance policies. |
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CHAPTER 209 |
FIRE SERVICES |
An Act to
make more effective provision for the Fire Services, the organisation of fire
brigades and the extinction of fires. | 32 of 1970
E.L.A.O., 1974 |
[Assent 31st
December, 1970]
[Commencement 6th April, 1972] |
1. This Act may be cited as the Fire Services Act. | Short title. |
2. In this Act unless the context otherwise requires- | Interpretation. |
"Chief Fire
Officer" means a Chief Fire Officer appointed to command a brigade under
the provisions of this Act; |
"Director of
Fire Services" means the officer appointed to be the Director of Fire
Services under section 3; |
"equipment"
includes vehicles; |
"Fire
Authority" means the Fire Authority established by section 3; |
"fire
brigade" and "brigade" include a volunteer fire brigade
established under section 5 and a fire brigade other than a volunteer fire
brigade established under section 6 but do not include any organisation of
fire-fighting services within an airport; |
"fire-fighting
purpose" means the purpose of the extinction of fires and the protection
of life and property in case of fire; |
"Minister"
means the Minister responsible for the Police Department; |
"section"
means a section of this Act; |
"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; |
"traffic"
includes vehicular and pedestrian traffic and animals. |
3. (1) The Commissioner of Police shall be the Fire
Authority for The Bahamas. | Fire Authority. |
(2) The Fire
Authority shall be responsible for the general supervision, maintenance and
control of all fire brigades. |
(3) There shall be
a Director of Fire Services who shall be a senior officer in the Royal Bahamas
Police Force and who shall be the executive officer of the Fire Authority and
responsible to him for the general supervision, maintenance and control of all
fire brigades and adviser to him on matters connected with fire fighting or
fire prevention. |
(4) The Director
of Fire Services shall be ex officio a member of every fire brigade. |
4. (1) Each fire brigade shall be under the command of
a Chief Fire Officer who shall be appointed by the Fire Authority and shall be
subject to the directions of the Director of Fire Services. | Chief Fire Officer. |
(2) A Chief Fire
Officer shall, subject to the orders and directions of the Director of Fire
Services, be responsible for- |
(a) the
operation and control of the fire brigade which he commands and the care and
maintenance of any engine or equipment of the fire brigade; |
(b) the
training of members of the fire brigade; |
(c) securing
that efficient arrangements are made for the calling of assistance of the fire
brigade and for the summoning of its members. |
5. (1) A volunteer fire brigade shall not be formed
save with the prior approval of the Fire Authority, and shall consist of a
Chief Fire Officer and such other members as the Fire Authority may approve. | Volunteer fire brigades. |
(2) The Fire
Authority may make available to a volunteer fire brigade any engines or
equipment acquired by the expenditure of any public funds approved by
Parliament for the purpose. |
(3) Every member
of a volunteer fire brigade shall in the course of his duties under this Act
obey the lawful orders of the Chief Fire Officer and of any other member senior
in rank to himself and shall be subject to any regulations for the government,
operation, control and discipline of volunteer fire brigades made under this
Act. |
(4) A member of a
volunteer fire brigade shall not be deemed to be an officer in the public
service by virtue only of the fact that he is such a member, but in the event
of any such member being injured or killed while engaged in his duties as such
a member under this Act he, or his personal 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 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 minimum salary
entitlement of a constable in the Royal Bahamas Police Force. |
(5) A member of a
volunteer fire brigade shall be paid such remuneration or allowances as shall
be prescribed by regulations made under this Act. |
(6) The Director
of Fire Services may detail a police officer to be attached for duty with any
volunteer fire brigade, and during the period of any such attachment such
police officer shall be under the command of the Chief Fire Officer of that
Brigade. |
6. (1) The Fire Authority may establish a fire brigade
other than a volunteer fire brigade as a branch of the Royal Bahamas Police
Force. | Fire brigades other than volunteer fire brigades. |
(2) A fire brigade
established under this section shall be furnished by the Fire Authority with
engines, equipment and accommodation from any public funds approved by
Parliament for the purpose. |
(3) A fire brigade
established under this section shall consist of a Chief Fire Officer and such
other members as the Fire Authority may appoint from among members of the Royal
Bahamas Police Force. |
(4) A member of a
fire brigade established under this section shall be subject to the provisions
of the
Police Act, and to any regulations made thereunder. |
7. (1) Any member of a fire brigade who is on duty, or
any police officer, 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 purpose of
extinguishing a fire or 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 a person or property therein. | Powers of firemen and police in extinguishing fires. |
(2) Any person who
obstructs or wilfully interferes with any member of a fire brigade who is
engaged in operations for fire-fighting purposes shall be liable upon summary
conviction to a fine not exceeding one hundred dollars, and any such person may
be removed, upon the orders of the senior fire brigade officer present, from
the vicinity of any such operations by the use of such reasonable force as may
be necessary to secure his removal. |
(3) At any fire
the senior fire brigade 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
supply and the selection of the parts of the premises, objects. or places where
the fire is or of adjoining premises, objects or places, against which the
water is to be directed. |
(4) Any person or
body corporate undertaking to provide a public supply of water shall, on being
required by any such senior fire brigade officer as is mentioned in subsection
(3) to provide an increased supply and pressure of water for extinguishing a
fire, take all the necessary steps to comply with that requirement and may for
that purpose shut off the water from the mains and pipes in any area; and no
authority or person shall be liable to any penalty or claim by reason of the
interruption of the supply of water occasioned only by compliance by such
person or body corporate with such a requirement. |
(5) The senior
officer of police present at any fire or, in the absence of any officer of
police, the senior fire brigade 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. |
8. Any person who knowingly gives or causes to be given
a false alarm of fire to any fire brigade or to any member of a fire brigade
shall be liable upon summary conviction to a fine not exceeding one hundred
dollars or to imprisonment for a term not exceeding three months or to both
such fine and imprisonment. | False claims of fire. |
9. Where by the order of the senior fire brigade
officer present at any fire any house, fence or other erection is pulled down
or blown up, or any other damage is caused to any property, for the purpose of
preventing the spread of fire from one building to another, the owner thereof
shall be entitled to be compensated in respect of such damage out of public
funds in an amount to be ascertained by two appraisers, one to be chosen by the
Fire Authority and one by the owner respectively. | Compensation for damage. |
Provided that if
any such owner is aggrieved as to the amount of any compensation so ascertained
or if the appraisers so chosen fail to agree upon the amount of compensation,
such owner may appeal to the Supreme Court within such time and in such manner
as may be provided by rules made under section 76 of the
Supreme Court Act. |
10. The damage to any building resulting from the
carrying out of the provisions of this Act shall be deemed to be damage by fire
within the meaning of any policy of insurance against fire (notwithstanding
anything to the contrary therein contained) now or hereafter in force, and
shall be recoverable in any court of law as if the said building so insured had
been destroyed by fire. | Damage to buildings under this Act within the meaning
of insurance policies. |
11. The Minister may make regulations for the better
carrying out of the purposes of this Act and, without prejudice to the
generality of the foregoing, for- | Regulations. |
(a) prescribing
anything required or authorised to be prescribed under this Act; |
(b) regulating
the government, operation and control of volunteer fire brigades; |
(c) regulating
the conduct and discipline of members of volunteer fire brigades; |
(d) providing
for the training of members of volunteer fire brigades; |
(e) prescribing
the ranks and insignia of the fire service for use within all brigades; |
(f) specifying
the duties and responsibilities of the Director of Fire Services and of Chief Fire
Officers in connection with fire prevention precautions, empowering such
officers to carry out inspections and providing for the enforcement of
prescribed standards of fire prevention measures. |