CHAPTER 148 VOLUNTEER FIRE BRIGADE ORDINANCE

Brigades to have charge of appliances Neglect and inspection of appliances Members and Rules of Brigade Duty of Brigades. Duty of Chief Fire Officer at fires Duty of police officers and other persons to assist in extinguishing fires Penalty on obstructing Brigade or others acting under this Ordinance Damaging appliances. Death or injury of member or persons assisting.

1 TURKS AND CHAPTER 148 VOLUNTEER FIRE BRIGADE ORDINANCE Revised Edition showing the law as at 15 May 1998 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Ordinance This edition contains a consolidation of the following laws Page VOLUNTEER FIRE BRIGADE ORDINANCE 3 Ordinance 6 of in force 31 December 1969 Amended by Ordinance 9 of 1971 Amended by Ordinance 17 of in force 9 November 1990 Field Code Changed No Subsidiary Legislation has been made under this Ordinance

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3 LAWS OF TURKS & Volunteer Fire Brigade CAP CHAPTER 148 VOLUNTEER FIRE BRIGADE ORDINANCE ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Appointment of Chief Fire Officer 4. Brigades to have charge of appliances 5. Neglect and inspection of appliances 6. Members and Rules of Brigade 7. Duty of Brigades 8. Duty of Chief Fire Officer at fires 9. Duty of police officers and other persons to assist in extinguishing fires 10. Penalty on obstructing Brigade or others acting under this Ordinance 11. Damaging appliances 12. Compensation for damage and appeal 13. Damage to buildings under this Ordinance within the meaning of insurance policies 14. Death or injury of member or persons assisting 15. Annual Inspection and Report 16. Payment of compensation

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5 LAWS OF TURKS & Volunteer Fire Brigade CAP CHAPTER 148 VOLUNTEER FIRE BRIGADE ORDINANCE (Ordinances 6 of 1969, 9 of 1971 and 17 of 1990) AN ORDINANCE RELATING TO VOLUNTEER FIRE BRIGADES. [31 December 1969] Commencement 1. This Ordinance may be cited as the Volunteer Fire Brigade Ordinance. 2. In this Ordinance Short title Interpretation appliance means a fire engine and/or implements appurtenant thereto provided by the Government; Brigade means a volunteer fire brigade formed with the written approval of the Minister; Chief Fire Officer means the person appointed as such under section 3(1) and includes any person for the time being lawfully exercising the functions of that office and any person appointed to act as Chief Fire Officer under section 3(2); (Amended by Ord. 17 of 1990) member means a member of a brigade including a Sub-Officer; Minister means the Minister to whom has been assigned responsibility for the administration of this Ordinance; rules means the rules of the Brigade made in accordance with the provisions of this Ordinance; Sub-Officer means the officer commanding a Brigade. 3. (1) There shall be a Chief Fire Officer who shall be appointed by the Minister, who shall be responsible, subject to the general direction and control of the Minister, for the establishment, supervision and inspection of Brigades and who shall have such functions and powers as may be assigned to him or conferred upon him by the Minister or by or under this or any other Ordinance. Appointment of Chief Fire Officer (2) The Minister may appoint such member as he thinks fit to act as Chief Fire Officer in respect of any Island while the Chief Fire Officer is absent from that Island. (Inserted by Ord. 17 of 1990)

6 6 CAP. 148 Volunteer Fire Brigade LAWS OF TURKS & Brigades to have charge of appliances Neglect and inspection of appliances Members and Rules of Brigade Duty of Brigades 4. (1) All appliances shall be in the custody and charge of the Brigade to which they are delivered. The Brigade members shall undertake to keep such appliances in good working order and properly furbished. (2) Every appliance at the coming into operation of this Ordinance in the custody and charge of a Brigade shall be deemed to be in such custody and control under the authority of this Ordinance. 5. If a Brigade having taken charge of an appliance shall neglect to keep the same in proper condition and working order, the Chief Fire Officer will advise the Minister who, on behalf of the Government, may retake possession of such appliance and place the same in some safe place. The Chief Fire Officer may at all times enter into any place where an appliance is kept by any such Brigade for the purpose of inspecting or with the approval of the Minister for the purpose of taking possession of such appliance. (Amended by Ord. 17 of 1990) 6. (1) All members of any Brigade will place themselves under the orders of the Chief Fire Officer as adviser, and members other than the Sub-Officer under the Sub-Officer as their commanding officer, and shall observe such rules for their government as may be made under this Ordinance. (2) Prior to the establishment of a Brigade the Chief Fire Officer shall prepare and submit to the Minister for his approval rules for regulating the times and places of meetings for such Brigades, for instruction and exercise of the members in their duties, for the dress discipline and government of the Brigade, and for the conduct of all persons belonging to the Brigade on occasion of alarm of fire, or of fire occurring, and at other times; and may from time to time prepare and similarly submit for approval, rules cancelling or amending former rules. Such rules may inflict penalties not exceeding the sum of $50 for any breach thereof. All such rules shall come into effect upon approval by the Minister and shall be displayed in a prominent place in every Brigade headquarters. (Amended by Ord. 17 of 1990) (3) A printed copy of rules purporting to be the rules made as directed by this Ordinance shall be received as prima facie evidence of such rules before all courts and in all proceedings. 7. Subject to the relevant rules of each Brigade, if a fire shall occur it shall be the duty of every member of any Brigade to proceed without delay with the appliance or appliances in their charge to the scene of such fire and use all necessary efforts to extinguish such fire.

7 LAWS OF TURKS & Volunteer Fire Brigade CAP On every occasion of a fire the Chief Fire Officer or in his absence the Sub-Officer or Senior Officer of any professional Brigade present shall take command of all Brigades and other persons who may voluntarily come forward and offer to work thereat, or who may be compelled to work as hereinafter provided for; and the Chief Fire Officer or other officer acting in his absence may remove, or order any constable, fireman or other person under his command as aforesaid to remove any persons who interfere by their presence with the operations of the Brigade or other persons working under the orders of the Chief Fire Officer or other officer acting in his absence, and generally he may take any measures that appear expedient for the protection of life and property, with power by himself or persons under his orders, to enter into any lands or houses and to take possession of, or pull down, any building, fence or other erection for the purpose of putting an end to a fire, doing as little damage as possible. He may also on any such occasion take possession of all private wells and tanks and use the water therein for the purpose of extinguishing the fire or any resultant fire. 9. (1) Any person who is present at a fire or any police officer shall, if required by the Chief Fire Officer or in the absence of the Chief Fire Officer, by a Sub Officer, to do so, assist in the extinguishing of the fire unless (a) that person or that police officer is physically incapable of so assisting; or (b) so assisting would involve a grave risk to that person or that police officer of death or serious injury. (2) A person referred to in subsection (1) or a police officer who contravenes that subsection commits an offence and is liable upon summary conviction to a fine of $500. (Substituted by Ord. 17 of 1990) 10. Any person who shall obstruct, resist, hinder or molest any member of any Brigade or any police officer when acting in the execution of his duty under this Ordinance, or any person assisting to extinguish such fire, shall be guilty of an offence and liable upon summary conviction to a fine of $2,000 or to imprisonment for six months or to both such fine and imprisonment. (Amended by Ord. 17 of 1990) 11. Any person who shall at any time wilfully damage any pump, water-pipe, hydrant, stand pipe or any fire-plug thereto attached or any appliance, extinguisher or implement used by or belonging to any Brigade shall be guilty of an offence and liable upon summary conviction to a fine of $2,000 or to imprisonment Duty of Chief Fire Officer at fires Duty of police officers and other persons to assist in extinguishing fires Penalty on obstructing Brigade or others acting under this Ordinance Damaging appliances

8 8 CAP. 148 Volunteer Fire Brigade LAWS OF TURKS & for six months or to both such fine and imprisonment. (Amended by Ord. 17 of 1990) Compensation for damage and appeal Damage to buildings under this Ordinance within the meaning of insurance policies Death or injury of member or persons assisting 12. (1) If, by the order of the Chief Fire Officer or other officer acting in his absence any house, fence or other erection is pulled down or blown up or any other damage is done to property, including the taking of water, other than to the property where the fire first broke out, under the authority of this Ordinance, the owner shall be entitled to be compensated for the value thereof, such value to be ascertained by a valuer to be appointed by the Governor. (2) If any person is aggrieved by the amount of compensation awarded by the valuer under the provisions of subsection (1) of this section he may, after giving the valuer fourteen days notice in writing of his intention to do so, appeal to the Magistrate whose decision shall be final. 13. The damage to any building resulting from the carrying out of the provisions of this Ordinance 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 in the Islands and shall be recoverable through the courts as if the said building so insured had been destroyed or damaged by fire. 14. (1) Notwithstanding that a member is not an employee employed by or under the Crown as a member, if a member suffers personal injury, whether resulting in death or not, caused by accident arising out of and in the course of his duties as a member, the Crown shall be liable to pay compensation in accordance with the provisions of the National Insurance Ordinance as though (a) the member were an employee employed by or under the Crown as a member; (b) the Crown were the employer of the member as a member; (c) the accident arising out of and in the course of the member s duties were an accident arising out of and in the course of employment with the Crown as a member; (d) the earnings of the member derived from any employment in which he was engaged at the time the accident took place were earnings derived from employment with the Crown as a member, and the provisions of the National Insurance Ordinance shall, mutatis mutandis, apply accordingly.

9 LAWS OF TURKS & Volunteer Fire Brigade CAP (2) A person or a police officer who, having been required so to do under section 9, is assisting in the extinguishing of a fire and, in so assisting, suffers personal injury, whether resulting in death or not, caused by accident arising out of and in the course of such assistance shall be treated as a member for the purposes of this section. (3) In this section, compensation, earnings, employee and employer have the meanings respectively assigned thereto by the National Insurance Ordinance and Crown means Her Majesty in right of Her Government of the Islands. (Substituted by Ord. 17 of 1990) 15. It shall be the duty of the Chief Fire Officer to make an annual inspection of every Brigade and appliance and to report on the condition thereof to the Minister. (Amended by Ord. 17 of 1990) 16. Any compensation payable under sections 12 or 14 shall be charged on and payable out of the Consolidated Fund. (Substituted by Ord. 17 of 1990) Annual Inspection and Report Payment of compensation

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