First Session, 46th

General Assembly

57 Elizabeth II,

BILL 60

AN ACT RESPECTING FIRE PROTECTION SERVICES

IN THE PROVINCE

Received

and Read the First Time ...................................................................

Second

Reading ..............................................................................................

Committee ......................................................................................................

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE

DIANNE C. WHELAN

Minister of

Municipal Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would revise and

consolidate the law with respect to fire protection services in the province.

A BILL

AN ACT RESPECTING FIRE PROTECTION SERVICES IN

THE PROVINCE

Analysis

Short title

Definitions

PART

ADMINISTRATION

Fire commissioner

Duties and responsibilities of the fire

commissioner

Emergency response and co-ordination

Local assistants

Duties of local assistants

PART

ADOPTION AND ENFORCEMENT OF CODES AND STANDARDS

Adoption and enforcement of fire

protection codes or standards

Exemption

PART

III

POWERS OF ENTRY

Immediate threat to life

Entry for investigation

Entry on adjacent lands

Assistance

Inspections

Warrant authorizing entry

Identification

PART

ORDERS OF THE FIRE COMMISSIONER

Order following inspection

Order regarding supply of electricity

Form of orders

Scope of order

Order for closure of structure or

property

Order setting capacity and closure for

over-capacity

Form of order

Other orders

Ministerial review of order

Appeal to court

Order shall remain in force

PART

GENERAL

Report required

Other reports

Firefighting training

Offences

Action barred

Regulations

Regulations re: adoption by reference

St. John's Regional

Fire Department

Fees and forms

RSNL1990 cC-15 Amdt.

RSNL1990 cC-17 Amdt.

RSNL1990 cI-9 Amdt.

SNL1999 cM-24 Amdt.

RSNL1990 cP-15 Amdt.

NLR 78/99 Amdt.

SNL1991 c34 Rep.

Commencement

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 ,

(ii) a member of the Royal

Newfoundland Constabulary or the Royal Canadian Mounted Police;

(o) "municipality" means a municipality

under the M unicipalities 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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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

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

(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;

(

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

(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

(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

(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

(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

the judge or the minister considers appropriate pending the review of the order

under this Part.

PART V

GENERAL

Report required

(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

(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

(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

(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

(

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

(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

(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.

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.

(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

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.

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