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STATUTE LAW AND DELEGATED LEGISLATION THAT REGULATES THE OPERATION OF THE TRINIDAD AND TOBAGO FIRE SERVICE The Constitution of the Republic of Trinidad and
Tobago. Section 2 of the Constitution states: The Fire Service Act This Act may be described as our enabling Act. It provides for the classification of offices in the Service, sets out its objectives, defines its purposes, specifies the duties of its officers, their tenure of office, termination of employment and retirement. In addition, the Act provides procedures for the settlement of disputes between the Government and the Fire Service. The powers, rights and responsibilities of Fire Officers are also defined. It sets out a mechanism for ensuring a ready supply of water for fire fighting purposes and mandates the Chief Fire Officer to provide for the safety of occupants in public buildings. The Auxiliary Fire Service Act This Act provides for the establishment and control of an Auxiliary Fire Service. Section 4 ''Appointment of members'' sets out the provisions by which persons may be appointed to the Auxiliary Fire Service. The command of the Auxiliary Fire service shall be the responsibility of the Chief Fire Officer, subject to any special or general directions of the Minister. The Agricultural Fires Act This Act is entitled "An Act to make better provisions for the prevention and control of Agricultural Fires", It provides for the county base assignment of Fire Control officers and Fire Guardians who exercise control through a system of land inspection and the issue of Fire Permits. The Act designates a Fire Season (section 17) ... for the purpose of this Act. Of particular importance is the role of the Fire Advisory Committee (section 5) in whom the Act confers the major role. The Act also provides in the regulations for the qualifications of Fire Guardians and outlines the responsibilities of Fire Permit holders. The Cinematograph Act This Act imposes a responsibility on the Chief Fire Officer to ensure the safety of all patrons at cinemas. The duty ranges from inspection for licensing purposes to prescribing safety measures. Motion Picture film Carriage and Storage Act By virtue of its Regulations this Act requires the Chief Fire Officer to determine the mode of transportation and storage of all motion picture films, which possess a nitrocellulose base. This Act is not however perceived as relevant in today's environment where the nitrocellulose base is no longer present in motion picture film. Private Hospital Act The Chief Fire Officer is empowered by Regulation 25 to prescribe means of escape, fire fighting equipment and facilities to be used in the case of fire as a pre condition to the licensing of Private Hospitals. Theatres and Dance Halls Act This Act provides for the licensing of premises a pre-condition for the safety of patrons from fire. In this case, the licensing authority consults the Chief Fire Officer on the particular requirements by applicants. Section 8 and Regulations 2,3 and 4 are relevant. Petroleum Act, Under subsidiary legislation, these Regulations provide for the protection of persons and property at fuel stations and other property where dangerous petroleum is kept or stored. The scope of this Act requires the authority of the Chief Fire Officer to extend beyond the above requirement. In the case of the Oil Tanks Regulations and Petroleum (testing, storage etc.) Regulations, the powers now conferred upon the Engineer properly reside in the Chief Fire Officer. Liquor License Act This Act which provides for the registration and proper arrangement/control of premises dispensing intoxicating liquor requires that a condition for licensing is the provision of sufficient means of exit in the case of fire: Sec. 21 (2) (d). This requirement is now being assessed by the Chief Fire Officer. Water and Sewerage Act Part 11 of the fourth schedule establishes the responsibility
of the Water and Sewerage Authority to provide water for fire fighting
purposes and the general use of fire hydrants. This part amplifies
Part V of the Fire Service Act, Demolition of Unsafe Structures This Act, which provides for the demolition of unsafe structures requires the Chief Fire Officer's advise of whether a building has been rendered unsafe by a fire, Sec. 3(2). Malicious Damage Act This Act establishes the offence of ''injuries by fire to buildings and goods therein'' in malicious circumstances. The offence of Arson has its genesis in this Act and the Chief Fire Officer interest is in the offence prescribed. Coroners Act Section 18 of this Act provides for an inquest in fires of suspicious origin. The Chief Fire Officer can, through oath, inform the coroner of his suspicion and an inquest may be ordered. Sect. 26 is relevant. Disaster Measures Act This Act provides for the taking of prompt and expeditious measures for the alleviation of the effects of disaster and matters connected with. The Act finds concordance with the Fire Service Act as it relates to the protection of life and property. The role of NEMA is noteworthy as the coordinating agency. Explosive Act This Act is entitled ''An Act relating to Gunpowder and other Explosive substances''. The Act sets out guidelines for the importation, storage, sale and removal of explosive, including Fireworks. Airports Authority Act See Airport Regulations 1987 Bureau of standard Notice This Notice sets out colour code for both domestic and industrial gas cylinders. Pesticides and Toxic Chemical Act No, 42 of 1979 L.N 227 of 1987 This Act regulates the importation, storage, use and transportation Part 2 & 3 under license. Gas Cylinders (use conveyance storage) Act 45 of 1946 An Act to secure safety in the use, conveyance and storage of cylinder containing gases in a compressed state. Motor Vehicles and Road Traffic Relevant for all driving particulars. Travelling Allowances Regulations This act provides guidelines for the submission of claims for travelling expenses and subsistence allowance. Industrial Relations Act (1) See page (9) Re: Definition of a "Worker" This Act helps guide you as a member of an Essential Service with respect to an Officers' conduct/actions with regards to industrial relations matters. Fire Service (Terms & Conditions of Employment) Regulations, 1998 Sets out in detail the relationships between the Fire Officer and the Fire Service and the procedures set out to deal with matters incidental thereto. Public Service Commission (Amendment) Regulations, 1990 These regulations set out the specific procedure for dealing with Disciplinary Matters in the Fire Service. Public Service Commission Regulations 1966 Establishes the role and responsibility of Investigating Officers and other matters incidental to terms and conditions of service. Public Service Commission (Amendment) Regulations, 1998 Extends the period of time from twenty-one (21) to thirty (30) days for the submission of relevant documents in an investigation by an investigating officer. Public Service Commission Revokes particular sections of the Public Service Commission Regulations and sets out clear definitions of the Fire Service as contained in Regulation 146 of the Public Service Commission Regulations. The Provisional Collection of Taxes (Amendment) (No.2) Orders 1993 Sets out prescribes fees for certain services offered by the Trinidad and Tobago Fire Service. The Public Service Commission (Delegation of Powers) (Amendment) Order, 1998 Sets out the Disciplinary Powers delegated to the Chief Fire Officer under the Fire Service Terms and Conditions of Employment Regulation, 1998. The Protective Services An Act to provide for the payment of compensation in respect of officers of the protective services who suffer injury or die in circumstances arising out of and in the course of employment with the State. Public Service Appeal Board Regulations, 1978 Sets out the procedure for appeals against decisions in Disciplinary Matters. Factories Ordinance Chapter 30202 In this "Act the Fire Service has the responsibility for ensuring the safety of the factory and its occupants from process fire (Section 26-28) of its provisions revolve around the provision of adequate means of escape and fire protection devices. However, the ''Act'' is not general in scope-being limited to: -
The prescribed factories should be issued with a "Certificate of Fire Authority". It is important to note that the right to enforce the requirements of the Certificate of Fire Authority or any fire safety related matter rests not with the Fire Officer but with the Inspector. The provisions of this piece of legislation have been incorporated in the current public Health and safety Bill that is being debated in Parliament.
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