The Fire and Rescue Force Act, 2007

1. This Act may be cited as the Fire and Rescue Force Act, 2007, and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.

2. This Act shall apply to Mainland Tanzania.

3. In this Act, unless the context otherwise requires- “Brigade” means an organized unit o f the Force providing fire and rescue services within a specific area or in relation to a particular public authority and the term, when used in relation to any area, authority, corporation or region means the brigade for that area, authority, corporation or region; ’’calam ity” means an occurrence by which life or property is endangered; “Commissioner-General” means the Commissioner-General of the Force; “court” means a Prim ary Court, D istrict Court or a Resident Magistrate's Court; 273 No. 14 Fire and Rescue 2007 “fire hazard abatement notice” means a notice requiring any person on whom the notice is served to do what is necessary to prevent the recurrence o f the fire hazard to which the notice relates or execute any works for that purpose; Cap. 101 “fire hazard” means- (a) any alteration to any building in contravention of the Building Rules such as might render escape in the event o f fire or other calamity materially more difficult; (b)the overcrowding o f any place of public entertainment or public assembly which might render escape in the event o f fire or other calamity materially more difficult; (c) any removal from any building o f any fire service installation or equipm ent which was provided in such building in accordance with plans certified by the Commissioner-General for the purposes o f the provisions o f the Building Rules; (d) the presence in any building o f any fire service installation or equipment, provided in the building in accordance with plans referred to in paragraph (c) which from lack o f proper maintenance or for any other reason is not in efficient working order; or (e) any other matter or circumstance which materially increases the likelihood o f fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence o f any other calamity, or which would materially hamper the Force in the discharge o f its duties in the event of fire or the calamity; “firem an” means any m em ber o f the Force other than the Commissioner-General; “fire officer” means any fireman of, or above the rank o f Inspector; “fire station” means any place appointed by the Commissioner to be a fire station; “the Force” means the Fire and Rescue Force; “Minister” means the Minister responsible for fire and rescue services; “officer in charge of a fire station” means any fire officer appointed by the Commissioner to take command o f firemen in a brigade or place or any fire officer senior in rank for the time being in such brigade or place and, where such officer is absent from the brigade or place or unable, for any reason to take command, the fire officer oi fireman who is nexi in rank to such fire officer; 274 No. 14 Fire and Rescue 2007 “premises” includes any place or motor vehicle, aircraft, vessels any other means o f transport; “property” includes any movable and immovable property or other valuable. PART II C o n s t i t u t i o n , D u t i e s a n d P o w e r s o f F ir e a n d R e s c u e F o r c e

4.-(l) There is hereby established a national fire brigade for the Mainland Tanzania which shall be known as the Fire and Rescue Force. (2) The Force shall consist o f the Commissioner-General, Deputy Commissioner-General and such complement o f fire officers and rank and file as the President may, subject to this Act, direct. (3) Upon commencement o f this Act, persons who were- (a) members in the Fire Brigade Department; and (b) fire officers and firemen under the local government authorities, ports and air ports, shall be deemed to have been enlisted, appointed or commissioned under this Act and, in such designations or offices as the Minister may determine. (4) All fire equipment, appliances and machineries which are currently under the local government authorities shall be deemed to have been transferred and vested in the Force. (5) The Public Service Retirement Benefits Act shall apply to all firemen serving under this Act save that a Fireman shall not be deemed to be employed on the public service by reason only of the application in relation to him o f the Act. Establi­ shment and constitu­ tion Cap. 371

5.-(l) General duties o f the Force shall be to prevent and minimize death rates, injury to the people, and damage to properties arising from fire, floods, earthquakes, road traffic accidents and other disasters. Duties of the Force (2) Without prejudice to the provisions of subsection (1), the func­ tions o f the Force shall be to- extinguish fire; (a) (b) grade cities, municipalities, townships and villages into (c) various fire and rescue services levels; conduct fire inspection and investigations for purposes o f obtaining information relating to the causes o f fire and loss inflicted by fire; 275 No. 14 Fire and Rescue 2007 (d) (e) conduct studies on investigation of arson and accidental fire; conduct training for fire department personnel, other officers and voluntary fire fighters; (f) prepare fire statistics and fire service information; (g) conduct fire tests on protection facilities, equipment and materials; (h) conduct tests and experiments regarding fire services; (i) give guidance and assistance in the re-enforcement of (j) fire equipment and facilities; raise public awareness on fire prevention and fire services; (k) prepare test standards for hazardous materials' handling; (1) prepare standards o f equipment and facilities necessary for provision o f fire and rescue services by various persons; (m) prepare fire prevention plans based on disaster (n) prevention plans; study and plan standards for rescue activities done by various operators; (o) plan inspection and security o f construction o f industrial facilities petro-chemical facilities, petroleum and gas pipelines; (p) act as a liason o f various levels o f fire and rescue services, including private ones; (q) assist on preparation o f curricula, m aterials and information relating to fire and rescue services which may be used by any training institution; and (r) perform any other functions as may be directed by the Minister. (3) Subject to this Act, the Force shall - (a) advise the Government with a view to securing regarding policies on fire safety their implementation; (b) make the necessary provision for fire fighting at airports and other premises in accordance with international tandards, practices and recommendations; (c) carry out research and training in all fire fighting and related fields and ensure the co-ordination o f the international aspects of such research and training; 276 No. 14 Fire and Rescue 2007 (d) supervise, instruct and monitor all fire and rescue service activities o f all fire brigades; and cbe disciplinary authority for all firemen under this Act. (4) Every fireman shall be bound to serve anywhere within the United Republic and may serve in any neighbouring country or other place in accordance with the exigencies of duty.

6.-(l) The Force shall make provision for the purpose of promot­ ing fire safety in its area. Fire safety (2) In making provision under subsection (1) the Force shall, in particular, to the extent that it considers it reasonable to do so, make arrangements for - (a) o f provision inform ation, and the encouragement in respect o f the steps to be taken to prevent fires and death or injury by fire; the giving of advice, on request, about - (i) how to prevent fires and restrict their spread in publicity (b) (ii) buildings and other property; the means o f escape from buildings and other property in case o f fire.

7.-(l) The Force shall make provision for the purpose o f - extinguishing fires in its area; and (a) (b) protecting life and property in the event o f fires in its Fire fighting area. In making provision under subsection (1), the Force shall in (2) particular - (a) secure the provision o f the personnel, services and equipment necessary to meet all normal requirements; secure the provision o f training for personnel; (b) (c) make arrangements for dealing with calls for help and for summoning personnel; (d) make arrangements for obtaining information needed for the purpose mentioned in subsection (1); (e) make arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken for the purpose m entioned in subsection (1). 277 No. 14 Fire and Rescue 2007 Road traffic accidents

8.- The Force shall make provision for the purpose o f - (a) rescuing people in the event of road traffic accidents in its area; (b) protecting people from serious harm, to the extent that it considers it reasonable to do so, in the event o f road traffic accidents in its area. (c) make arrangements for dealing with calls for help and for summoning personnel; (d) making arrangements for obtaining information needed for the purposes o f averting or limiting road accidents; (e) making arrangements for ensuring that reasonable steps are taken to prevent or limit damage to property resulting from action taken pursuant to the provisions o f this section. Power to respond to other eventual­ ities

9.-(l) The force may take any action it considers appropriate - (a) (b) in response to an event or situation o f a kind mentioned in subsection (2); for the purpose o f enabling action to be taken in response to such an event or situation. (2) cause - The event or situation is one that causes or is likely to (a) one or more individuals to die, be injured or become ill; (b) harm to the environment, including the life and health of plants and animals. (3) the power conferred by subsection (1) includes power to secure the provision of equipment. General powers of haz­ ards

10.-(1) Subject to this section, the Commissioner-General or any fireman or other person authorized by him in writing, shall have a right to enter any premises at all reasonable hours for the purposes of - (a) ascertaining whether there is, or has been, on or in connection with the premises, any contravention of any of the provisions o f this Act; (b) obtaining information required for fire-fighting purposes with respect to the character o f the prem ises, the availability o f water supplies and the means o f access to them, and other material circumstances; 278 No. 14 Fire and Rescue 2007 (c) (d) ascertaining whether or not there exists any fire hazard; and the performance by the Commissioner-General or by the Force o f his or its powers or duties under this Act or any other law for the time being in force. (2) The Commissioner-General, or any person authorized by him in writing, shall not exercise the right o f entry conferred by sub-section (1) in respect o f premises which is not a place of public entertainment or public assembly, factory, workshop or workplace or premises otherwise used for business purposes, unless reasonable grounds for entry exist and twenty-four hours notice in writing o f the intended entry has been given to the occupier. (3) Where it is shown to the satisfaction o f a Magistrate or Justice o f the peace in writing on oath - (a) (b) (c) that admission to any premises has been refused or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one o f urgency, or that an application for admission would defeat the object o f the entry; that there is reasonable ground for entry into the premises for any purpose specified in sub-section (1); and the notice o f intention to apply for the warrant has been given to the occupier o f the premises, or that the premises are unoccupied or that the occupier is temporarily absent, or that the case is one o f urgency, or that the giving o f such notice would defeat the object o f the entry, the Magistrate or Justice o f the peace may, by warrant in the prescribed form, authorize the Commissioner-General, or any person authorized by him in writing in that behalf, to enter the premises, if need be by force. (4) The Commissioner-General or any person entering any premises by virtue o f this section, or o f a warrant issued under this section, may take with him such persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as it was at the time o f entry. 279 No. 14 Fire and Rescue 2007 Abatem­ ent of fire hazards (5) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied. (6) Where any person who, in compliance with this section or a warrant issued under this section, enter a factory, workshop, workplace or premises used for business purposes discloses to any person any information obtained by him in the factory, workshop or workplace or premises used for business purposes with regard to any manufacturing process or trade or professional secret, he shall, unless such disclosure was made in the performance o f his duty, commits an offence and be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months. ll.-(l) Where the Commissioner-General is satisfied of the existence in any premises o f any fire hazard- (a) he may serve a fire hazard abatement notice in the prescribed form- (i) upon the person by reason o f whose act, or default sufferance the fire hazard arose or continues; if such person is the servant or agent o f some other person, upon such other person; (ii) (iii) if such person or such other person, as the case may be, cannot readily be found or is absent from the United Republic, upon the occupier or the owner o f the premises in which such fire hazard exists, requiring him to abate the' fire hazard within the period specified in the notice, and to do all such things as may be necessary for that purpose, and the notice may specify any works to be executed for those purposes, save that if the fire hazard arose or continues from any want or defect o f a structural character in any premises or such premises are unoccupied, the notice shall be served upon the owner o f the premises; and (b) he may also, by notice under paragraph (a) or by a further fire hazard abatement notice, require the 280 No. 14 Fire and Rescue 2007 person on whom the notice is served to do what is necessary for preventing the recurrence o f the fire hazard to which the notice relates and, if desirable, specify any works to be executed for that purpose, and a notice containing such a requirement may, notwithstanding that the fire hazard to which is relates may for the time being have been abated, be served if he considers that the fire hazard is likely to recur in the same premises. (2) Where the person by reason o f whose act, default or sufferance a fire hazard arose or continues cannot be found and it is clear that the fire hazard neither arose nor continues by reason o f any act, default or sufferance on the part o f the occupiers or the Commissioner-General may abate the hazard and may do what is necessary to prevent its recurrence. (3) Where a fire hazard abatement notice is served on any person pursuant to the provisions o f sub-section (1), if either- (a) (b) the fire hazard to which the notice relates arose by reason of the willful act or default o f that person; or that person fails to comply with any o f the requirements o f the notice within the time specified in it, he shall, whether or not an order under sub-section (4) has been made in respect o f him, be guilty o f an offence and upon conviction be liable to a fine not exceeding five hundred thousand shillings, and where the offence is the failure to comply with any o f the requirements o f a notice within the time specified in it, to a fine o f ten thousand shillings for each day during which the offence continues. (4) Where a fire hazard abatement notice is served on any person, then if- (a) (b) that person fails to comply with any o f the requirements o f the notice within the time specified in it; or the fire hazard, although abated since the service o f the notice, is, in the opinion o f the Commissioner-General, likely to recur in the same premises, the Commissioner-General may make a complaint to a court and the court hearing the complaint may make a summary order in the prescribed form, in this section referred to as a fire hazard order. 281 No. 14 Fire and Rescue 2007 (5) A fire hazard order may be- (a) an abatement order, that is to say, an order which requires a person to comply with all or any of the requirements of a fire hazard abatement notice in connection with which the order is made, or otherwise to a bate the fire hazard or to do what may be necessary to prevent the recurrence of the fire hazard within the period specified in the order; (b) a prohibition order, which prohibits the recurrence o f the fire hazard; (c) a closing order, which prohibits the use o f any premises for human habitation or the storage, including storage in the course o f use, o f such kinds or categories o f goods, or such quantities o f them, specified in the order, as materially increase the likelihood o f fire or other calamity or the danger to life or property that would result from the outbreak of fire or the occurrence o f any other calamity; or (d) a combination o f such orders. (6) A closing order shall only be made if it is proved to the satisfaction o f the court that the cause o f the fire hazard is the structural character of the premises concerned, or the location o f such premises having regard to the nature o f the area in which such premises are situated. (7) An abatement order or a prohibition order shall, if the person in respect o f whom it is made so requires or if the court making it considers it desirable, specify the works to be executed by such person for the purpose of abating, or o f preventing the recurrence o f the fire hazard to which the order relates. (8) The court if satisfied that any premises in respect o f which a closing order is in force, has been rendered suitable for human habitation or the storage of goods o f the kind or category or in the quantity Specified in the order, as the case may be, may declare that it is so satisfied and revoke the closing order. (9) Any person who w ithout reasonable excuse knowingly contravenes a fire hazard order, commits an offence and shall be liable on conviction, to a fine not exceeding three hundred thousand shillings and, in addition, a fine o f ten thousand shillings for each day during which the offence continues. 282 No. 14 Fire and Rescue 2007 (10) Any property removed by the Commissioner-General in abating, or doing what is necessary to prevent the recurrence o f a fire hazard may be sold by public auction or, if the Commissioner-General thinks the circumstances o f the case required it, may otherwise be sold, or may be disposed o f without sale; and the money arising from the sale or any property under this sub-section may be retained by the Commissioner-General and applied in payment o f the expenses incurred by the Force in connection with the abatement o f the fire hazard and the surplus, if any, shall be paid to the owner o f the property.

12.-(1) Upon an alarm o f fire being communicated to any fire station or brigade, the fire officer incharge shall cause a fire officer, together with all available firemen or such number o f them as he may deem appropriate, to proceed as quickly as possible to the locality of the fire with all such fire-fighting apparatus, safety equipment and other implements, as are requisite and available. Powers of the Force on occasion of fire or other hazards (2) Notwithstanding any law or custom to the contrary, all vehicular traffic shall give way to the Force when proceeding to the locality o f a fire, a fire alarm or any other hazard. (3) Any person in charge or control o f any vehicle who neglects or refuses to comply with the provisions o f sub-section (2), commits an offence and shall be liable on summary conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months. (4) The Commissioner-General or other fire officer in charge of the the Force or any brigade or other contingent o f it on occasion o f a fire or other calamity may - (a) (b) take such measures as may appear to him to be necessary or expedient for the protection o f life and property; remove or order any fireman under his command to remove any person interfering by his presence or actions with operations o f the force; (c) by him self or firemen under his command enter, break into or through and take possession of, or demolish or cause to be taken possession of or demolished any premises or 283 No. 14 Fire and Rescue 2007 thing for the purposes o f putting an end to the fire or minimizing the effect o f the calamity; and (d) use any convenient supply o f water. (5) Notwithstanding anything to the contrary contained in any other law, the Minister may, in any case where in his opinion urgent action is necessary in the public interest - (a) order any person, including an adult voluntary firefighter, private fire and rescue service provider to make available his service, or equipment or material under his control, to a particular service or to employ it in a particular way; or (b) order any person who m anufactures equipm ent or material to manufacture particular equipment or material within a particular period. (6) A person who has acted under subsection (5) shall be compensated therefore by the Minister to an amount agreed upon between the Minister and the person concerned, or in the absence of such agreement, an amount determined by arbitration in accordance with the provisions o f the law relating to arbitration. (7) The powers of the Minister referred to in subsection (5) may be exercised by the Commissioner-General under specific or blanket delegation by the Minister. (8) Any person who refuses to obey any order made under subsection (5), commits an offence and shall on conviction be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years or to both. Fire and^1115 water supplies

13.-(1) The Force shall provide and maintain, or cause to be Provided and m aintained, such fire hydrants and other water installations as are necessary for securing the best practical use o f the available water supply in case o f the outbreak o f fire, subject to the approval o f the relevant authority and the location o f every such hydrant shall be plainly indicated by a notice or distinguishing mark or plate which may be placed on any wall or fence adjoining a street or public place, subject to the provisions o f sub section (2). 284 No. 14 Fire and Rescue 2007 (2) Upon giving seven days' notice in writing to the owner o f any property situated in the vicinity o f a fire hydrant or emergency water supply, the Commissioner-General may cause a plate indicating the location of such fire hydrant or water supply to be fixed to such part of the property as may, in the opinion of the Commissioner-General, be best suited to indicate such location. (3) Any person who uses a fire hydrant or other water supply or installation referred to in sub section (1), for any purpose other than that authorized by the Force, commits an offence and shall be liable on summary conviction to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding three months. (4) Any person who refuses to allow the fixing o f any plate referred to in sub section (2) or obstructs any person in the cause of fixing it or removes or defaces any such plate after it has been so fixed, commits an offence and shall be liable on summary conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three months. (5) The Force may use for the purpose o f extinguishing fire any convenient or suitable supply o f water. PART III A d m i n i s t r a t i o n a n d D i s c i p l i n e

14.-(1) There shall be a Commissioner-General, Commissioners, Deputy Commissioners and Senior Assistant Commissioners. (2) The Com m issioner-G eneral, Com m issioners, Deputy Com m issioners and Senior A ssistant Com m issioners shall be appointed by the President. (3) The Assistant Commissioners and other members of the Force shall be appointed by the Police and Prisons Service Commission. Appoint­ ment of Commi­ ssioner- General, C o m m i­ ssioners, etc The Force shall be divided into such levels, brigades and other contingents o f such size and establishment as the Minister may determine. Levels and brigades 285 No. 14 Fire and Rescue 2007 (2) Without prejudice to subsection (1), the Force shall be divided into levels as follows: (a) City level, to be headed by a Senior A ssistant Commissioner; (b) M unicipal level, to be headed by an A ssistant Commissioner; (c) Regional level, to be headed by a Regional Fire and Rescue Emergency Officer who shall be an officer of the rank of, or above Senior Assistant Commissioner; (d) District level, to be headed by a District Fire and Rescue Officer who shall be an officer o f the rank of, or above Superintendent; (e) airport and port levels, to be headed by a Senior Assistant Commissioner. (3) The responsibilities o f heads o f each level referred to under subsection (2) shall be to: (a) co-ordinate and monitor all fire and rescue activities o f all fire brigades within the area o f jurisdiction; (b) conduct inspections for purposes o f compliance with (c) safety requirements within the area of jurisdiction; issue fire safety certificates to those who complied with fire safety requirements, where relevant; (d) advise the Government in the area o f jurisdiction regarding matters pertaining to emergencies and disasters; (e) co-ordinate with disasters management committees within (f) the area o f jurisdiction, where relevant; take command o f all brigades including private ones during emergencies or disasters; (g) mobilize general public, equipment and other resources during disasters or emergencies; (h) establish disaster and emergency command posts, where relevant; (i) organize and conduct training and awareness on disasters and emergencies; (j) maintain a rescue unit within the area o f his jurisdiction; and (k) organize voluntary fire fighters, teams or groups for preparedness in case o f disasters or emergencies, where relevant. 286 2007 Admini­ stration of the Force No. 14 Fire and Rescue

16.-(1) The Commissioner-General shall, subject to this Act and to the orders and directions o f the President, have the administrative command, superintendence, control and direction o f the Force and all firemen. (2) The M inister may make regulations providing for the administration and command o f the brigades and other contingents of the Force. (3) In the exercise o f the powers vested in the Commissioner- General regarding operational control o f the Force, the Commissioner- General shall subject to the direction and guidance by the Minister, be responsible and accountable to the President. 1 7.-0) Save where the contrary intention appears from the context o f any law and subject to any special instructions of the Commissioner-General, Commissioner or Deputy Commissioner, as the case may be, may exercise or discharge any o f the powers or duties which the Commissioner-General is by any law entitled to exercise or required to discharge. Delega­ tion of powers (2) Save where the contrary intention appears from the context of any special instructions o f the Minister, the Commissioner-General may authorize any officer o f the Force, not being below the rank of Inspector or a head mechanic or ambulance dresser, by name, office or appointment, to exercise or discharge, any o f the powers or duties which the Commissioner-General is by any law entitled to exercise or required to discharge. (3) For the avoidance o f doubt, nothing in this section shall be deemed to derogate from any power o f delegation conferred upon the Commissioner-General by the provisions o f any other law.

18.-(1) For the purposes o f this section, the expression “Senior Officer” means any person holding office in such rank in the Force as may be prescribed in the Fire and Rescue General Regulations. Duties of Senior Officers (2) The senior officer present at any fire shall take sole charge and control of all extinguishing operations, positioning o f appliances, the attaching o f a lose and the selection of the areas against which the water is directed. 287 No. 14 Fire and Rescue 2007 (3) Every officer in charge o f a fire station shall be responsible for all public stores and public money issued and delivered for the use of members o f the Force under his command and shall account the same to the Commissioner-General. (4) The provisions of this section shall apply in conjunction with the Fire and Rescue General Regulations, as well as other relevant regulations made under this Act. Fire and Rescue General Regula­ tions

19.-(1) The M inister may, after consultation with the Commissioner-General, make regulations for the better guidance of the discharge by firemen and other persons o f the duties o f the Force. (2) Regulations made under sub-section (1) may provide for- the control, direction and information of the Force; (a) (b) discipline in the Force; (c) training o f firemen, and o f members o f the public in matters relating to awareness of, and preparedness to overcome fire and other calamities when occurs; inspection, drills, exercises and parades; (d) classifications and promotions; (e) (f) welfare; (g) departmental finance; (h) buildings, grounds, stores, furnitures and equipment; (i) (j) services to be performed by firemen; the manner and form o f reports, correspondence and other records; the performance o f any act which may be necessary for the proper carrying out o f the provisions o f this Act or any regulations made under it or o f any other law or for the discharge of any duty imposed by law on the Force; and such other matters as may be necessary or expedient for preventing abuse or neglect of duty, for rendering the Force efficient in the discharge of its duties and for carrying out the objects and provisions of this Act. (k) (1) General powers and duties of fireman

20.-(l) Every fireman shall exercise such powers and perform such duties as are by law conferred or imposed upon a fireman, and shall obey all lawful directions in respect o f the execution o f his office which he may from time to time receive from his superiors in the Force. 288 No. 14 Fire and Rescue 2007 (2) A fireman shall be deemed to be on duty at all times and may at any time be detailed for duty in any part o f the United Republic. (3) Every fireman shall promptly obey and execute all orders, notices and warrants lawfully issued to him, endeavour to save life and protect the property o f the people from destruction by fire or other calamity, render humanitarian services and prevent destructions o f all kinds which may be caused by fire and combat any fire. (4) Any fireman who contravenes the provisions o f this Act or any subsidiary legislation made thereunder established for the maintenance of discipline and efficiency in the Force is liable to be dismissed or otherwise dealt with as provided therein. (5) For the avoidance o f doubt, it is hereby declared that - (a) (b) if criminal proceedings are instituted or about to be instituted against a fireman, he may be interdicted from duty and thereafter paid half o f his emoluments; if fireman is convicted o f a criminal offence he may be dismissed from the Force; (c) nothing in this Part shall be construed as to preclude the summary dismissal o f any fireman in accordance with regulations or orders made under this Act; (d) nothing in this Part shall be construed as to preclude the term ination o f the em ploym ent in accordance with • regulations or orders made under this Act o f a fireman on the ground that, having regard to the conditions o f the public service, the usefulness o f the fireman to the Force and all the other circum stances o f the case, such termination is desirable in the public interest. P A R T IV M i s c e l l a n e o u s P r o v i s i o n s

21.-(1) On the application of any person, the Commissioner- General may, if he thinks fit, detail any fireman to do special duty in, apon or about any premises or business or vessel specified by the applicant and for the purpose furnish such equipment as he may deem necessary. Special duty and expenses 289 No. 14 Fire and Rescue 2007 (2) The applicant shall pay to the Commissioner-General for the services of any fireman so detailed and for the use o f equipment so furnished such fees as may be prescribed by the Minister. (3) All fees so received by the Commissioner-General shall be paid by him into the Treasury forthwith to the credit of the Fire and Rescue Force Welfare Fund and be accounted for monthly; and shall be recoverable by suit in like manner as a debt to the Government. Provi­ sion and mainte­ nance of fire escape

22.-(l) Every building which has a storey the floor o f which is more than twelve meters above the level o f the street or ground surface adjoining any part o f the building or a building o f two thousand square meters in gross floor area shall be provided in every such storey, with either - (a) adequate free and unobstructed means of escape from there leading to the roof of the building and to the street or ground surface adjoining the building; fire alarm and detection system;or such other means o f escape in the event o f fire as the Commissioner-General may require, (b) (c) save that the Commissioner-General may, by notice published in the Gazette, exempt any building or category of buildings from the provisions o f this section on the basis of technical grounds. (2) Every building which has a storey the floor o f which is more than twenty four meters above the level o f the street or ground surface shall be provided in every room, office and hall with automatic fire sprinklers. (3) The owner o f any building to which sub sections (1) and (2) applies who fails to provide a means o f escape or automatic file sprinklers in accordance with the provisions o f sub section (1) or who fails to maintain and keep such means o f escape or automatic fire sprinklers so provided in good condition, order and repair, commits an offence and shall be liable on summary conviction to a fine not exceeding one million shillings. Fire ale . s

23.-( 1) The Force may erect or fix and maintain fire alarms in such positions in such street, premises or public place as the Commissioner- General may, after consultation with the Inspector-General o f Police, and the prior consent of the Minister, determine. 290 No. 14 Fire and Rescue 2007 (2) Any person who by any means knowingly gives or causes to be given to the Force or to any fireman or police officer a fire alarm which is false, commits an offence and shall be liable on summary conviction to a fine o f fifty thousand shillings or to imprisonment for three months or to both. ' • 24.-(l) Every person who owns or manage a high raise building, large school, factory, department store or any building or place where a large number of people enter, work or live, or deals with chemical or petrochemical activities, shall designate a fire protection manager from amongst persons qualified to perform such functions who shall- Fire pro­ tection man­ agers (a) prepare a fire and rescue action plan; (b) conduct fire drills on extinguishing fire; (c) (d) report fire and escape according to the plan; inspect and maintain fire protection equipment, water sources or fire fighting equipment; supervise the use and handling o f fire and fire fighting facilities; control the number o f persons to be admitted; and (f) (g) perform any other functions necessary for the fire and (e) other hazard protection management. (2) The Commissioner-General shall set standards, criteria and qualifications o f the buildings and managers under subsection (1).

25. The President may, subject to such requirements, institute decorations, medals, bars, clasps and ribbons to be awarded by the Minister, to the Commissioner-General or any fireman in respect of his service or to any other person in respect o f his exceptional service rendered in accordance with this Act. Awards

26.-(l) No fireman acting bona fide under powers conferred by or under this Act shall be liable to any action for damages for any act done or ommitted to be done by him in connection with his duties on the occasion o f a fire or other calamity or in response to a fire alarm. Protec­ tion of firemen (2) Any damage done by the Force in the execution o f its duties or the occasicii o f a fire or other calamity or in response to a fire alarm, shall be deemed to be damage by fire within the meaning o f any policy o f insurance against fire. 291 No. 14 Fire and Rescue 2007 C o m p e ­ nsation

27. Where a volunteer fire fighter or any other person ordered to provide his service in accordance with any provisions o f this Act, and such a person is injured or dies in the course o f provision o f such service, the person shall be com pensated by the Government accordingly. W e lfare fund

28. There is hereby established a fund to be known as the Fire and Rescue Services Force Welfare Fund which shall consist o f - such sums as may be voted by Parliament in that behalf; (a) (b) all sums paid for the services o f firemen detailed to do special duty under section 21 and for the use o f equipment furnished for the purpose; and (c) any donations and voluntary contributions to the Fund. Control of the Fund

29. The Fire and Rescue Services Force Welfare Fund shall be controlled by the Commissioner-General subject to regulations made by the Minister, after consultation with the Minister responsible for finance, and applied for the purpose of - (a) recompensing firemen for extra services rendered by them; (b) procuring for firemen who are serving or for former Firemen who have been retired on pension, gratuity or other allowance, comforts, convenience or other advantage not ordinarily chargeable on public revenue; and (c) granting loans to firemen who are serving or to- former firemen who have been retired on pension, gratuity or other allowance on rates and terms in accordance with regulations made under this section. Training Offences

30. The Force may establish and maintain training centers for the provision o f education and training in relation to functions and duties o f the Force.

31.-(1) Any person who resists or obstructs any fireman acting in the execution of his duty, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months. (2) Any fire man who - (a) deserts; * 292 No. 14 Fire and Rescue 2007 (b) on the occasion o f a fire or other calamity willfully disobeys a lawful command o f a fire officer or fireman who it is his duty to obey, commits an offence and shall be liable on conviction to a fine of one hundred thousand shillings or to imprisonment for a term o f six months. (3) Any person who, not being a firemen, wears without permission o f the Commissioner-General, the uniform o f the Force or any dress having the appearance or bearing any o f the instinctive marks o f that uniform, commits an offence and shall be liable on conviction to a fine o f fifty thousand shillings or to imprisonment for three months.

32. The Minister may, after consultation with or upon the Regula- recommendation o f the Commissioner-General, make regulations prescribing for - (a) (b) (c) description o f uniforms and equipment to be provided for the discipline and punishment o f firemen; the administration o f the Force; tl0ns (d) (e) the purposes o f the Force; the establishment, organization and distribution o f the Force into brigades, levels and other contingents; the conditions o f appointment and service o f firemen, and their appointment or promotion into their various grades, ranks and appointments; (g) (f) such other matters as may or are required to be prescribed under this Act or as may be necessary or expedient for rendering the Force efficient in the discharge of its duties; the making and issue of reports and certificates regarding - (i) fire or other calamities attended by the Force; (ii) premises, vessels or other property damaged by fire; (iii) matters relating to fire risks or fire precautions in or connected with any prem ises, vessel or other property, and fees to be charged in relation to them; (h) combating and management o f forest fire; and (i) generally, for the better carrying into effect o f the provisions o f this Act in relation to any matter for which it is convenient to make regulations. 293 No. 14 Fire and Rescue 2007 Passed in the National Assembly on the 19th April, 2007. D a m ia n S. C . F o k a , Clerk o f the National Assembly 294