Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
Short title
1. This
Act may be cited as the Fire Protection
Services Act.
Definitions
2. In this Act
(a) "agency"
means Fire and Emergency Services-Newfoundland and Labrador as established under
section 3 of the Emergency Services Act
to maintain a fire and emergency management system in the province;
(b) "CEO" means the chief
executive officer appointed by the Lieutenant-Governor in Council to administer
the agency;
(c) "council" includes the council of a
municipality, a regional council, a local service district committee, a
regional emergency management committee and an Inuit Community Council created
under the Labrador Inuit Land Claims Agreement as defined in the Labrador Inuit Land Claims Agreement Act;
(d) "emergency" means a real or
anticipated event or an unforeseen combination of circumstances which
necessitates the immediate action or prompt co-ordination of action as declared
or renewed by the Lieutenant-Governor in Council, the minister, a regional
emergency management committee or a council;
(e) "fire"
includes an explosion, hazardous emissions and other incidents for which fire
protection services are required;
(f) "fire alarm and
detection system" means a system or portion of a combination system that
consists of components and circuits arranged to monitor and annunciate the
status of fire alarm or supervisory signal-initiating devices and to initiate
the appropriate response to those signals and includes
(i) control or annunciator panels,
(ii) smoke, heat and other
detection devices,
(iii) notification alarm
devices, and
(iv) devices which
interface with the control system;
(g) "fire and life
safety features" means a device, equipment, system, condition, arrangement,
level of protection or fire-resistive construction, and includes
(i) automatic sprinklers,
(ii) fixed and special
fire suppression systems,
(iii) fire alarm systems,
and
(iv) standpipes and
portable and wheeled fire extinguishers;
(h) "fire
commissioner" means the fire commissioner appointed for the administration
of fire protection services in the province;
(i) "fire protection" includes fire
suppression, fire prevention, fire safety, HAZMAT response, fire safety
education, communication, training of persons involved in the provision of fire
protection services, inspection, rescue and emergency services and the delivery
of all those services;
(j) "fire
safety" includes safety from the risk that a fire, if started, would
endanger the health and safety of a person or property or the quality of the
natural environment for a use that can be made of it;
(k) "HAZMAT response" means an emergency
response to a chemical, biological, radiological, nuclear or explosive event;
(l) "hazardous
emission" includes a hazardous smoke, gas or vapour or other contaminant;
(m) "industry"
includes a mine, a mill, a shipyard, a refinery and an airport;
(n) "local
assistant" means
(i) a fire chief or other
person in a fire department appointed under section 6,
or
(ii) a member of the Royal
Newfoundland Constabulary or the Royal Canadian Mounted Police;
(o) "municipality" means a municipality
under the Municipalities Act, 1999,
the City of St. John's, the City of Mount Pearl and the City of Corner Brook,
and for the purpose of this Act includes a local service district and an Inuit
community referred to in section 8.2 of the Labrador
Inuit Land Claims Agreement Act;
(p) "property"
means all real property and all personal property whether moveable or
immoveable, and includes a vessel where that vessel is tied up to a wharf; and
(q) "structure"
means a man-made object intended to be permanent or semi-permanent or temporary
in nature and includes, but is not limited to, buildings, houses, cottages,
cabins, wharves, docks, boathouses, slipways, trailers and mobile homes.
PART I
ADMINISTRATION
Fire commissioner
3. (1) There shall be appointed a person known as the fire commissioner
for the administration of fire protection services in the province.
(2) The fire commissioner shall carry out the
duties assigned to him or her under this Act and shall act under the direction
of the CEO.
(3) The fire commissioner may appoint qualified
persons to act as local assistants to the fire commissioner and those persons
shall act for the term and have the responsibilities assigned to them in their
appointment.
(4) The CEO may appoint or employ those officers, inspectors,
clerks, employees, or other persons necessary for the administration of this
Act.
Duties and responsibilities
of the fire commissioner
4. (1) The
fire commissioner shall investigate the cause, origin, extent and circumstances
of fires in the province.
(2) The fire commissioner may require that plans
and specifications for the construction, alteration or repair of a structure be
submitted to him or her to determine whether proper provision has been made in
the plans and specifications
(a) to prevent fire or
the spread of fire;
(b) to provide for fire
escapes and other exit facilities in the event of fire or the alarm of fire;
and
(c) to provide for
adequate fire alarm, fire detection, fire suppression and fire and life safety features.
(3) The fire commissioner shall, under the
direction of the CEO
(a) record every fire
reported to him or her and include the information which may be required by the
CEO;
(b) review plans and
specifications for construction, alteration or repair of structures to
determine if appropriate fire protection requirements and fire and life safety
features are in place;
(c) where appropriate fire protection requirements
and fire and life safety features have been found to be lacking following an
inspection under subsection (4), direct those alterations or additions which
may be necessary to safeguard persons or property;
(d) advise the minister, municipalities and
industry with respect to establishing fire departments and the requirements for
organizing and equipping those fire departments, for training firefighting
personnel and evaluating their firefighting capabilities and those other fire
protection requirements which may be necessary;
(e) disseminate
information and advice respecting fire prevention, fire protection and fire
safety that the minister considers advisable;
(f) perform those other
duties which the CEO may prescribe.
(4) The fire commissioner may inspect property in
the province to determine if appropriate fire protection requirements and fire
and life safety features are in place including:
(a) whether precautions
against fire and the spread of fire are adequate and satisfactorily maintained;
and
(b) whether fire alarms
and fire exits are adequate and satisfactorily maintained.
(5) The fire commissioner may, in writing,
delegate the duties referred to in this section, except paragraph (3)(b), to a person appointed under section 3 whom the fire commissioner considers qualified to
perform those duties.
(6) The fire commissioner may, in writing,
delegate the duties referred to in paragraph (3)(b) to persons within the
department of Government Services where the fire commissioner considers those
persons qualified to perform those duties, and may, in writing, delegate to
those persons his or her authority to order alterations of those plans under subsection
(7).
(7) The fire commissioner may order alteration of
plans and specifications submitted to him or her under
subsection (2) to ensure appropriate fire protection and life safety requirements
are in place.
Emergency response
and co-ordination
5. The
fire commissioner shall, where directed by the CEO, co-ordinate fire
protection and other operations and activities in emergency situations and,
where necessary, secure the resources to respond to fire and emergency
situations.
Local assistants
6. (1) The
fire commissioner may, in writing, for the term specified in the appointment,
appoint the chief of a fire department of a municipality or another person in
that fire department as a local assistant.
(2) On the coming into force of this Act, the
appointment of a person as a local assistant or special assistant under the
authority of the previous Act shall cease, unless that person is appointed as a
local assistant under the authority of this Act.
(3) Every officer and every member of
(a) the Royal Newfoundland
Constabulary; and
(b) the Royal Canadian Mounted
Police
except where the fire commissioner
otherwise directs, in writing, shall be a local assistant to the fire
commissioner with respect to the area of the province in which the officer or
member exercises his or her functions.
(4) Where an officer of the Royal Newfoundland
Constabulary or the Royal Canadian Mounted Police is acting as a local
assistant under subsection (3), that officer shall be subject to the direction
of the fire commissioner.
Duties of local assistants
7. Where
directed by the fire commissioner, a local assistant shall
(a) assist the fire
commissioner in carrying out his or her duties under this Act; and
(b) investigate and
report to the fire commissioner the cause, origin, extent and circumstance of
every fire occurring within the territorial jurisdiction of the local assistant
(i) where fatalities or
injuries have occurred to persons, or
(ii) in which property has
been destroyed or damaged.
PART II
ADOPTION AND ENFORCEMENT OF CODES AND STANDARDS
Adoption and
enforcement of fire protection codes or standards
8. (1) The
minister may, upon the recommendation of the CEO, prescribe by regulation those
standards necessary for fire protection and may adopt by reference, with or
without changes, codes or standards of another jurisdiction or of Canada.
(2) The codes or standards referred to in
subsection (1) may relate to fire protection aspects of clothing, materials,
devices, systems, apparatus, solid fuel, gas and oil burning equipment and
appliances, standards to be used in the installation and use of those materials
or items in a structure or property, and may determine the safety of the use,
sale, storage and handling of a device, material or equipment.
(3) The fire commissioner shall enforce all codes
adopted under this section.
Exemption
9. (1) Notwithstanding section 8, the
minister may, by regulation, exempt a municipality from the application of codes
adopted under section 8, and may delegate to
that municipality the authority to adopt codes or standards of another
jurisdiction or of Canada.
(2) A municipality exempted from the application
of codes under subsection (1) may, with the approval of the minister, adopt by
reference, with or without changes, codes or standards of another jurisdiction
or of Canada except in all circumstances those codes or standards shall, in the
opinion of the minister, be equivalent to or of a higher standard than the codes
or standards adopted under section 8.
(3) A municipality authorized to adopt codes and
standards under this section shall have the responsibility for the enforcement
of those codes.
PART III
POWERS OF ENTRY
Immediate threat
to life
10. (1) Where the fire commissioner or his or her designate has reasonable
grounds to believe that a risk of fire poses an immediate threat to life, he or
she may, without a warrant, enter on any land or premises and, for the purpose
of removing or reducing the threat, may,
(a) remove persons on the
land or premises;
(b) post a fire watch;
(c) remove combustible or
explosive material or anything that may constitute a fire menace;
(d) dispose of a material
or thing that was removed under paragraph (c), in accordance with an order
issued by the fire commissioner;
(e) eliminate ignition
sources;
(f) install temporary
safeguards, including fire extinguishers and smoke alarms;
(g) make minor repairs to
existing fire and life safety systems; and
(h) do any other thing that the fire commissioner
or his or her designate has reasonable grounds to believe is urgently required
to remove or reduce the threat to life.
(2) The fire commissioner or his or her designate
may, without a warrant, enter on land or premises, including adjacent lands or
premises, where he or she has reason to believe that a substance or device that
is likely to cause a fire may be situated on the land or premises.
(3) A person who enters land or premises
under subsection (1) or (2) shall promptly after exercising any powers under
this section give notice of it to the owner if the owner's whereabouts in the
province are known.
(4) The person who gives notice under subsection
(3) shall post a copy of the notice on the land or premises.
(5) The notice shall,
(a) describe the location
of the land or premises;
(b) state the reason for
the entry; and
(c) state the things done
to remove or reduce the threat to life or a likely cause of fire.
(6) A person who enters on land or premises under
this section may call on police officers as necessary and may use force as
necessary to make the entry.
Entry for
investigation
11. (1) The fire commissioner or his or her designate may, at reasonable
times without a warrant, enter on land or premises where a fire has occurred
for the purpose of determining the cause of the fire.
(2) Upon entering on land or premises under subsection
(1), the fire commissioner or his or her designate may, for the purpose of determining
the cause of the fire under investigation,
(a) close, and prevent
entry to, the land or premises for the length of time necessary to complete the
examination of the land or premises;
(b) remove from the land or premises, retain and
examine an article or material, and take those samples or photographs, make
videotapes and other images electronic or otherwise that in his or her opinion
may be of assistance in determining the cause of the fire under investigation;
(c) make those
excavations on the land or premises as he or she considers necessary;
(d) require that
machinery, equipment or device be operated, used or set in motion under
specified conditions; and
(e) make reasonable
inquiry of a person, orally or in writing which may be necessary to determine
the cause of the fire.
(3) A person who enters on land or premises under
subsection (1), may, without a warrant, enter on adjacent land or premises if
the entry is necessary for the purposes of conducting an investigation into the
cause of a fire.
(4) A person who enters on adjacent land or
premises under subsection (3) may exercise a power referred to in subsection
(2) on or with respect to the adjacent land or premises.
(5) A person who enters land or premises under
subsection (1) or (3) shall not use force to enter the land or premises.
(6) A judge may issue a warrant authorizing the fire
commissioner or a local assistant named in the warrant to enter on land or
premises and exercise any of the powers referred to in this section if the judge
is satisfied on evidence under oath that there are reasonable grounds to
believe that entry on the lands or premises is necessary for the purposes of
conducting an investigation into the cause of a fire and,
(a) the fire commissioner or his or her designate has
been denied entry to the land or premises or has been obstructed in exercising
other of those powers with respect to the land or premises; or
(b) there are reasonable
grounds to believe that the fire commissioner or his or her designate will be
denied entry to the land or premises or obstructed in exercising other of those
powers with respect to the land or premises.
(7) A warrant issued under subsection (6) shall,
(a) specify the times,
which may be at any time during the day or night, during which the warrant may
be carried out; and
(b) state when the
warrant expires.
(8) A judge may extend the date on which a warrant
expires for those additional periods as the judge considers necessary.
(9) A
person authorized by a warrant issued under subsection (6) to enter land or premises
for the purpose of doing a thing referred to in this section may call on police
officers as necessary and may use force as necessary to make the entry and do
the thing.
(10) A judge may receive and consider an
application for a warrant or extension of a warrant under this section without
notice to the owner or occupant of the land or premises.
Entry on adjacent
lands
12. (1) The fire commissioner, his or her designate may, without a
warrant, enter on lands or premises,
(a) that are adjacent to
the lands or premises on which a fire or emergency has occurred or is
occurring, for the purposes of fighting the fire or of providing rescue or
emergency services; or
(b) that are adjacent to
the lands or premises on which there is a serious threat to the health and
safety of any person, to property or to the quality of the natural environment,
for the purpose of removing or reducing the threat.
(2) The fire commissioner or his or her designate
may, without a warrant, enter on lands or premises on which a fire is
occurring, or that are adjacent to those lands or premises, for the purposes of
pulling down or removing buildings, structures or things on or attached to the
lands or premises on which a fire is occurring or that are adjacent to those
lands or premises if, in the opinion of the fire commissioner, it is necessary
to do so to prevent the spread of the fire.
(3) The fire commissioner or his or her designate
may, without a warrant, enter on lands or premises that are outside the boundaries
of the municipality of the fire department that employs that designate for the
purposes of fighting a fire or of providing rescue or emergency services on those
lands or premises if,
(a) in the opinion of the fire commissioner, the
fire or emergency threatens persons, property or the environment within the
territorial limits of the municipality served by the fire department; and
(b) there is no fire
department or other emergency response capability for the area in which the lands
or premises are situated.
(4) The fire commissioner or his or her designate may,
without a warrant, enter on lands or premises that are outside the territorial
limits of the municipality of the fire department that employs the designate for
the purpose of fighting a fire or of providing rescue or emergency services on those
lands or premises if the council of the municipality has entered into an
automatic or mutual aid agreement or any other agreement under which the entry
is permitted.
Assistance
13. A
person who enters on land or premises under sections 10,
11 or 12 may
call on other persons he or she considers advisable to assist.
Inspections
14. (1) The fire commissioner or his or
her designate may, without a warrant, enter and inspect land and premises for
the purposes of assessing fire and life safety.
(2) The power to enter and inspect land and
premises without a warrant may be exercised at all reasonable times.
(3) A
person conducting an inspection may,
(a) examine a document or
other thing that is relevant to the inspection;
(b) demand the production
for inspection of a document or other thing that is relevant to the inspection;
(c) remove anything that
is relevant to the inspection for review and examination and remove a document
that is relevant to the inspection for review and copying;
(d) conduct tests, take
and remove samples, take photographs and make videotapes and other images,
electronic or otherwise, that are relevant to the inspection;
(e) in order to produce a document in readable
form, use data storage, information processing or retrieval devices or systems
that are normally used in the premises being inspected; and
(f) question a person on
matters relevant to the inspection for the purpose of assessing fire and life safety.
(4) If a person conducting an inspection demands
that a document or other thing be produced for inspection, the person who has
custody of the document or thing shall produce it and, in the case of a
document, shall on request, provide the assistance that is reasonably necessary
to interpret the document or to produce it in a readable form.
(5) A document or other thing that has been
removed from land or premises,
(a) shall be made
available to the person from whom it was removed on request and at a time and
place that are convenient for both that person and the person who removed it;
and
(b) shall, if it is
possible to return the document or thing to the person, be returned within a
reasonable time.
(6) A copy of a document that purports to be
certified by an inspector as being a true copy of the original is admissible in
evidence to the same extent as the original and has the same evidentiary value.
Warrant authorizing
entry
15. (1) A judge may issue a warrant authorizing a person conducting
an inspection named in the warrant to enter on lands or premises and exercise a
power referred to in subsection 14(3) if the judge
is satisfied on evidence under oath that there are reasonable grounds to believe
that entry on the lands or premises is necessary to assess fire and life safety
and,
(a) that person has been
denied entry to the lands or premises or has been obstructed in exercising a
power under subsection 14(3) with respect to
the lands or premises; or
(b) there are reasonable
grounds to believe that the inspector will be denied entry to the lands or
premises or obstructed in exercising a power with respect to the lands or premises.
(2) A warrant issued under subsection (1) shall,
(a) specify the times,
which may be at any time during the day or night, during which the warrant may
be carried out; and
(b) state when the
warrant expires.
(3) A judge may extend the date on which a warrant
expires for those additional periods as the judge considers necessary.
(4) A judge may receive and consider an
application for a warrant or extension of a warrant under this section without
notice to the owner or occupant of the land or premises.
(5) A person authorized under a warrant issued
under subsection (1) to enter land or premises may call on police officers as
necessary and may use force as necessary to make the entry and do the thing.
(6) A person named in a warrant issued under
subsection (1) may call on another persons he or she
considers advisable to execute the warrant.
(7) Subsections
14(3), (4), (5) and (6) apply with respect to
an inspection carried out under a warrant issued under this section.
Identification
16. On
the request of an owner or occupant of the land or premises, a person who
enters on land or premises under this Part shall identify himself
or herself and shall explain the purpose of the entry.
PART IV
ORDERS OF THE FIRE COMMISSIONER
Order following
inspection
17. Where
the fire commissioner or his or her designate finds, following an inspection
under Part III, that a structure or property is especially liable to fire or
the spread of fire, or is situated so that it would endanger another structure
or property, the fire commissioner or his or her designate may order the owner
or occupant, as appropriate, of that structure or property
(a) to remove or demolish
the structure on that property or part of it to make repairs or alterations;
(b) to install fire protection
and fire and life safety features required by the regulations which the fire
commissioner considers necessary;
(c) to comply with the applicable
fire and life safety regulations, codes and standards;
(d) to remove a flammable,
combustible, explosive or unapproved material, item or equipment;
(e) to remove from a
structure or property an item, material or equipment which is hazardous or has
not been approved;
(f) to stop the operation
of a hazardous process or operation or the emitting of a hazardous emission where
a fire or explosion is likely to occur;
(g) that a fire may not be lighted or maintained
in an appliance, apparatus or place where the fire commissioner or his or her
designate believes that the use of that appliance or apparatus is dangerous to
persons or property;
(h) to alter the use or
occupancy of the structure or property or a part of it; or
(i) to evacuate and close
the structure or property or a part of it.
Order regarding
supply of electricity
18. (1) Where,
in the opinion of the fire commissioner or his or her designate, an electrical
installation, apparatus or equipment in or upon a structure or property is in a
condition or is likely to cause a fire and to be dangerous to the safety of
persons or property, he or she may, in writing, order a person, firm,
corporation or commission or other organization supplying electrical energy to
discontinue supplying electrical energy to the structure or property until the
condition of the location of the electrical installation, apparatus or
equipment is remedied or altered to the satisfaction of the fire commissioner,
in consultation with the chief electrical inspector appointed under the Public Safety Act.
(2) Upon receipt of the order referred to in
subsection (1), the person, firm, corporation, commission or other organization
to whom it is directed shall immediately discontinue
supplying electrical energy to the structure or property until the order is
rescinded by the person who made it or by the fire commissioner.
(3) The prohibition on the provision of electrical
energy in subsection (2) includes the provision of temporary poles or equipment
unless the approval of the person who made the order or of the fire
commissioner has been obtained.
Form of orders
19. (1) An
order made under section 17 or 18 may be oral or in writing, but where the order is
made orally it shall be effective from the time it is made and shall in all
cases be confirmed in writing and an order shall be served by delivering a copy
to the person to whom it is addressed.
(2) Where an order made under section 17 or 18 is made by a
designate of the fire commissioner, the order shall first be approved by the
fire commissioner.
(3) An order made by the fire commissioner or his
or her designate may contain a time frame for compliance.
(4) Where an order is made under section 17 or 18, it may contain
more than one order, may be made in the alternative or may be made subject to
the terms and conditions the fire commissioner or his or her designate considers
appropriate.
(5) Where the fire commissioner considers it
necessary, he or she may designate in an order made under section 17 or 18 whether the
owner or the occupier of the structure or property or both the owner and the
occupier of the structure or property shall comply with the order.
(6) A tenant or occupant of a structure or
property with respect to which an order is made under section 17 or 18 shall, at
all reasonable times, permit the owner of the structure or the employee, agent,
or worker of the owner to enter and re-enter that part of the structure or
property of which he or she is a tenant or occupant for the purpose of making
the alterations and repairs and doing those other things that the owner is
required to do under the order.
(8) An order of the fire commissioner made under
this Part shall be considered to be in place until the order is rescinded by
the person who made it or by the fire commissioner.
Scope of order
20. An
order made under section 17 or 18 may require that the structure or property be
repaired or altered or that an installation may be made in accordance with the
provisions of a code adopted by reference in the regulations under this Act.
Order for closure
of structure or property
21. (1) Where,
in the opinion of the fire commissioner or his or her designate, a fire hazard
exists in a structure or property which makes that property or structure
dangerous to persons, the fire commissioner or his or her designate may order
that the public be excluded from the structure or property until the fire
hazard has been remedied.
(2) Subsection (1) shall also apply
(a) to a property which
is adjacent to or threatened by a fire hazard in another structure or property;
or
(b) where, in the opinion
of the fire commissioner or his or her designate, a fire hazard exists due to
the presence of flammable, combustible or explosive substances or materials, or
because of a hazardous emission or another condition.
(3) In subsection (1), "public" may, in
the discretion of the fire commissioner or his or her designate, include those
persons who are resident in the structure or property which is the subject of
the order.
Order setting capacity
and closure for over-capacity
22. Where,
in the opinion of the fire commissioner or his or her designate, a danger to
the safety of the public exists due to
(a) the inadequacy of
exits; or
(b) the over-crowding of
an area;
he or she may make an order prescribing the number of persons permitted
in or upon the structure, and the number of persons shall not exceed the number
prescribed in that order.
Form of order
23. (1)
An order made under section 21
or 22 shall be made in writing or by means of
an official sign, and shall be delivered to the owner or occupier of the
property or structure to which it relates.
(2) Unless otherwise specified by the fire
commissioner, where an order made under section 22
is made by a designate of the fire commissioner, approval of the order by the
fire commissioner is required before the order may be delivered.
Other orders
24. (1) The
fire commissioner may make those other orders he or she considers necessary for
carrying out his or her duties under this Act, including
(a) fire lane orders;
(b) no smoking for fire
protection orders; and
(c) gas pump orders.
(2) An order designating fire lanes may be made
designating fire lanes on public or private property.
Ministerial
review of order
25. (1) Within
30 days from the time an order is made under this Part a person affected by the
order may apply to the minister and the minister may review the order and may
amend, revoke or confirm the order.
(2) A decision of the minister under this section
may be enforced under this Act in the same manner as an order of the fire commissioner.
Appeal to court
26. A
person who is dissatisfied with a decision of the minister under section 25 may, within 14 days of receiving notice of the
minister's decision, apply to a judge of the Trial Division to review that decision.
Order shall
remain in force
27. (1) An
order of the fire commissioner or his or her designate and a decision of the
minister made under section 25 shall remain in
effect until revoked or amended in writing according to this Act and may be
enforced even though a review of the order or decision is sought.
(2) Notwithstanding subsection (1), a judge of the
court or the minister may, where a person affected by the order applies to do
so, stay the enforcement of an order or decision on the terms and conditions
the judge or the minister considers appropriate pending the review of the order
under this Part.
PART V
GENERAL
Report required
28. (1) Where
a fire has occurred, the fire chief of the fire department which responded to
the fire shall report the details of that fire to the fire commissioner.
(2) Where a fire has occurred in which a fatality
or injury has been caused by the fire, the fire chief of the fire department
which responded to the fire, or a designate of the fire commissioner shall immediately
report that fatality or injury to the fire commissioner including
(a) the name, age and
gender of every person sustaining an injury or fatality;
(b) the name of the
occupier of the property where the fatality or injury occurred; and
(c) the other information
that the fire commissioner may require.
(3) A report under subsection (2) shall be
delivered to the fire commissioner within 24 hours.
Other reports
29. (1) Where
a fire has occurred in which an insurer has an interest
(a) the insurer;
(b) an insurer which
employs the services of an adjuster; or
(c) an adjuster
shall report to the fire commissioner the details of that fire.
(2) The details of the fire referred to in
subsection (2) shall include
(a) the name and address
of the owner and occupier of the property where the fire occurred;
(b) the name and address
of each person insured by that insurer with respect to the property destroyed
or damaged;
(c) the location of the
property;
(d) the use and occupancy
of the property;
(e) the date of the fire;
(f) the value of the
property;
(g) the amount of
insurance carried and by whom it is carried;
(h) the amount of loss
sustained;
(i) the probable cause of
the fire;
(j) the name and address
of the person adjusting the claim; and
(k) any other information
that the fire commissioner may require.
(3) Where required by the fire commissioner, a
person sustaining or claiming to have sustained a loss by fire of property,
whether the property was insured wholly or partially, or uninsured, shall
report to the fire commissioner
(a) the date of the fire;
(b) the name and address
of the owner and of the occupier of the property where the fire occurred;
(c) the location, use and
occupancy of the property;
(d) the particulars of
the insurance; and
(e) the other information
that the fire commissioner may require.
(4) A report required under this section shall be
sent to the fire commissioner within 10 days of the person required to report
having been notified of the information.
Firefighting
training
30. (1) The fire commissioner, with the approval of the CEO,
(a) shall establish
standards for the training of firefighters in the province; and
(b) may establish
standards for training firefighters in industry.
(2) In establishing the standards under paragraph
(1)(a), the fire commissioner shall develop a curriculum for the training of
firefighters in the province and firefighter training which is conducted in the
province shall be conducted in accordance with that curriculum.
(3) Where firefighter training is provided by another
person or entity as part of the curriculum for firefighter training, that
firefighter training shall be subject to the approval of the fire commissioner.
(4) The fire commissioner shall, with the approval
of the CEO,
(a) establish and conduct
a mobile firefighting training program; and
(b) provide technical
training programs to meet the requirements of firefighters, inspectors and
other persons who have duties assigned by the fire commissioner or other duties
under this Act.
Offences
31. A
person who
(a) contravenes or fails
to comply with a requirement or obligation imposed on that person by this Act
or the regulations;
(b) interferes with a
person in the discharge of that person's duties under this Act or the
regulations;
(c) tears down, removes
or damages a regulation, order or notice made under the authority of the fire
commissioner under this Act or the regulations; or
(d) interferes with,
tampers or damages installed fire protection or detection equipment
commits an offence and is liable on
summary conviction to a fine of not less than $1,000 and not more than $5,000
and in default of payment of the fine, to imprisonment for not more than 30
days, and in the case of a continuing offence, to a fine of $5,000 each day or
part of a day during which the offence continues and each continuance for a day
or a part of a day of an offence referred to in this subsection constitutes a
separate offence.
Action barred
32. An
action or other proceeding does not lie against the CEO, the fire commissioner
or his or her designate for anything done or omitted to be done in good faith
in the course of exercising a power or carrying out a duty under this Act.
Regulations
33. (1) The
minister may make regulations
(a) regulating the sale,
installation and maintenance in structures or property of equipment or
apparatus for burning fuel, whether solid, liquid or gas;
(b) regulating the sale,
installation and maintenance of fire extinguishing materials, devices,
apparatus and equipment;
(c) regulating the sale
and use of family fireworks;
(d) regulating the sale
and use of aerial pyrotechnics;
(e) respecting fire and
life safety inspections;
(f) prohibiting the construction, structural
alteration or change of use of a structure unless a plan and specifications in
a form to be prescribed in the regulations are first furnished to the fire
commissioner and approved by him or her;
(g) respecting the
exemption of a municipality from the application of section 8, including any
terms and conditions upon which an exemption may be made;
(h) providing that so much of this Act and the
regulations as he or she considers desirable shall apply to structures or property
owned or occupied by the Crown; and
(i) respecting the
certification of persons or firms engaged in the installation, servicing,
maintenance and repair of fire extinguishers, fixed fire extinguishing systems,
fire alarm and detection devices and fire alarm monitoring devices.
(2) Regulations made under this section may be
(a) made to apply to the
whole of the province,
(b) restricted in their
application to specified areas of the province,
(c) made to apply without
limit of time or during particular periods,
(d) applied at or between
specified times only, and
(e) applied in or upon
particular circumstances or conditions only,
and different regulations may be
(f) made in respect of
structures or property of a different description or class, and
(g) made in respect of
structures or property of the same description or class in different
circumstances,
and exceptions or limitations in favour of or against structures or property
of a particular description or class may be prescribed.
(3) Regulations made under this section may be
made with retroactive effect.
(4) The fire commissioner may attach to a permit
issued under subsection (1) those conditions that he or she considers necessary
or desirable and the conditions may be varied in respect of different permits,
and the permits are subject to refusal, suspension or cancellation.
Regulations re:
adoption by reference
34. The
minister may, in accordance with section 8, adopt and constitute as regulations
by reference
(a) a code, rule or
standard relevant to a matter referred to in section 33, or an official
abridgment of a code, rule or standard;
(b) a code, rule,
standard or abridgment with the exception of a specified provision;
(c) a specified provision
of a code, rule, standard or abridgment; and
(d) an amendment to a
code, rule, standard or abridgment made, with or without modification,
and a certificate of the minister that a
document is a copy of a code, rule or standard adopted and constituted as
regulations under this section or an official abridgment of, extract from or
amendment to a code, rule or standard shall without further proof be, in the
absence of evidence to the contrary, evidence of the contents of the code, rule
or standard.
St. John's Regional
Fire Department
35. (1) Notwithstanding
another provision of this Act, all services provided by and duties and
responsibilities of the fire commissioner assigned under this Act shall, within
the area over which the St. John's Regional Fire Department has jurisdiction,
be exercised by the fire chief of that department.
(2) Subsection (1) shall not preclude an agreement
for the sharing of services, duties or responsibilities upon the approval of
the minister, between the St.
John's Regional Fire
Department and the fire commissioner.
(3) For the purpose of this section, “area over
which the St. John's Regional Fire Department has jurisdiction” means the City
of St. John's, the City of Mount Pearl, and a municipal authority with which
the City of St. John's has contracted for the provision of fire protection
services under section 402.3 of the City
of St. John's Act.
Fees and forms
36. The
minister may set fees and prescribe forms for the purpose and administration of
this Act.
RSNL1990 cC-15 Amdt.
37. Subsections 216(1) and (2) of the City of Corner Brook Act are repealed and the following substituted:
Regulations
216. (1) The
council may make regulations with respect to the control and management of the
fire department, and subject to the Fire
Protection Services Act and regulations made under that Act, for the
fighting of fires, the prevention of fire in the city and the inspection of
buildings in the city for fire prevention services.
(2) In making regulations under subsection (1) the
council may adopt the whole or a portion of the National Fire Code of Canada or
another code, with or without modification and supplements or amendments to the
Code, but where the city has been exempted from the application of section 8 of
the Fire Protection Services Act,
those codes and standards shall comply with the requirements of section 9 of
that Act and shall be equivalent to or of a higher standard than the codes or
standards adopted under section 8 of the Fire
Protection Services Act.
RSNL1990 cC-17 Amdt.
38. Subsections 340.4(1) and (2) of the City of St. John's Act are repealed and
the following substituted:
Regulations re:
management of fire department
340.4 (1) The
council may make regulations with respect to the control and management of the
fire department and, subject to the Fire
Protection Services Act, for the fighting of fires, the prevention of fire
in the city and the inspection of buildings in the city for fire prevention services.
(2) In making regulations under subsection (1) the
council may adopt the whole or a portion of the National Fire Code of Canada or
another code, with or without modification and supplements or amendments to the
Code, but where the city has been exempted from the application of section 8 of
the Fire Protection Services Act,
those codes and standards shall comply with the requirements of section 9 of that
Act and shall be equivalent to or of a higher standard than the codes or standards
adopted under section 8 of the Fire
Protection Services Act.
RSNL1990 cI-9 Amdt.
39. Section 21 of the Insurance Adjusters, Agents and Brokers Act is amended by deleting
the reference "Fire Prevention Act"
and substituting the reference "Fire
Protection Services Act".
SNL1999 cM-24 Amdt.
40. (1) Paragraph 414(1)(f)
of the Municipalities Act, 1999 is
amended by deleting the reference "Fire
Prevention Act, 1991" and substituting the reference "Fire Protection Services Act".
(2) Section 414 of the Act is amended by adding
immediately after subsection (6) the following:
(6.1) Where a council adopts a code under subsection
(5) and the minister has, by regulation, exempted the municipality from section
8 of the Fire Protection Services Act,
the adoption of the code shall, in all respects, comply with the requirements
of section 9 of that Act.
(3) Paragraph 415(i) of the Act is amended by
deleting the reference "Fire
Prevention Act, 1991" and substituting the reference "Fire Protection Services Act".
RSNL1990 cP-15 Amdt.
41. Paragraph 27(1)(f) of
the Pippy Park Commission Act is
amended by deleting the reference "Fire
Prevention Act, 1991" and substituting the reference "Fire Protection Services Act".
NLR 78/99 Amdt.
42. Section 2 of the Provincial Offences Ticket Regulations, 1999 is amended by adding
immediately after paragraph (e) the following:
(e.1) section 24 of the Fire Protection Services Act;
SNL1991 c34 Rep.
43. The Fire Prevention Act, 1991 is repealed.
Commencement
44. This Act shall come into force on a day to be
proclaimed by the Lieutenant-Governor in Council.
©Earl G. Tucker, Queen's Printer