Fire Services Law

1. Citation This Law may be cited as the Fire Services Law.

2. Interpretation. In this Law unless the context otherwise requires- ?appropriate authority? means the member of the Government of the State for the time being charged with responsibility for fire services; ?combination scheme? means a scheme whereby two or more fire authorities combine for fire-fighting purposes; ?equipment? includes fire engines and other vehicles and appliances and other apparatus, and also uniforms and badges of rank; ?fire authority? means an authority which for the time being is constituted as a fire authority under this Law or any combination scheme made thereunder ?fire brigade? means an organised body of firemen established by the Government or by a fire authority; ?fire fighting purposes? means the purposes of the extinction of fire and the protection of life and property in case of fire; ?Permanent Secretary? means the Permanent Secretary having supervision of the matters and departments with responsibility for which the appropriate Authority is barged; ?police officer? means any member of the Nigeria Police Force; ?reinforcement scheme? means a scheme whereby two or more fire, authorities win in rendering mutual assistance for the purpose of dealing with fires occurring in their areas; ?State Fire Officer? means the person for the time being appointed to the office of the State Fire Officer and includes a person appointed to act in that office ?Treasury? has the meaning assigned to it in the Public Administration Law; [Cap. P19] Water Board? means a body responsible for the provision in both urban and rural areas with water.

3. Appropriate authority may appoint fire authority Every local government council is hereby appointed a fire authority for its area. [WR 16 of 1960.]

4. Duties of a fire authority (1) It shall be the duty of every fire authority to make provisions for fire fighting purposes and in particular every fire authority shall secure- (a) the services, for its area of authority of such a fire brigade and such equipment as is practicable for the purpose of meeting the requirements of the area; (b) the training of members of the fire brigade; (c) arrangements for dealing with calls for the assistance of the fire brigade in case of fire and for summoning members of the fire brigade; (d) arrangements for obtaining, by inspection or otherwise, information required for fire fighting purposes with respect to the character of the buildings and other property in its area of authority, the available water supplies and the means of access thereto, and other material circumstances; (e) arrangements for ensuring that reasonable steps are taken to measure or mitigate damage to property resulting from measures taken in dealing with fires in the area of the fire authority. (2) For the purposes of such arrangements as are mentioned in paragraph (b) in subsection (1) of this section, any member of a fire brigade maintained in pursuance of this Law shall, if authorised in writing by the fire authority maintaining the brigade, have a right to enter any premises at all reasonable hours.

5. Supplementary powers of fire authorities

1. The power of a fire authority shall include power- (a) to provide accommodation for the fire brigade for its area and its equipment, including housing and other accommodation for members of the brigade and furniture reasonably required for such accommodation; (b) to provide and maintain fire alarms in such positions in any street or public place as it thinks proper, and to affix any such fire alarm to any wall or fence adjoining a street or public place; (c) to employ the fire brigade maintained by it, or use any equipment so maintained outside its area; (d) to employ the fire brigade maintained by it, or use any equipment so maintained, for purposes other than fire fighting purposes for which it appears to the authority to be suitable and, if it thinks fit, to make such charge as it may determine for any services rendered in the course of such employment or use. (2) Before making any standing arrangements for the exercise of the powers conferred by subsection (1) (d) of this section, a fire authority shall obtain the approval of the appropriate authority. (3) Save as expressly provided in this Law, and regulations, a fire authority shall not make any charge for services rendered by the authority. (4) A local government council which is also a fire authority may acquire land compulsorily or by agreement, subject to and in accordance with this Law, for the purposes of their functions under this Law and such purposes shall be deemed to be “overriding public interest” in relation to any such council’s acquisition.

6. Schemes for mutual assistance. (1) The appropriate authority may require any. two or more fire authorities to join in the making of a scheme (hereafter in this section referred to as a “reinforcement scheme”) for securing the rendering of mutual assistance for the purpose of dealing with fires occurring in the areas of the authorities, participating in the scheme. (2) Any reinforcement scheme made under subsection (1) of this section shall be submitted to the appropriate authority and the appropriate authority may approve it or may direct that any such scheme submitted to him shall have effect subject to such modification as may be specified in the directions. (3) Where in the case of any fire authority no reinforcement scheme has been made or it appears to the appropriate authority that any such scheme is no longer satisfactory, the appropriate authority may make a reinforcement scheme for the authorities in question. (4) A reinforcement scheme may make provision for apportioning between the fire authorities concerned, in such proportions as may be specified by or under the scheme, the expenses incurred in taking measures to secure the efficient operation of the scheme. (5) Fire authorities shall not unreasonably refuse calls for assistance from other fire authorities or councils. (6) Where a reinforcement scheme has come into operation, it shall be the duty of the fire authorities to whom the scheme applies to carry it into effect. (7) Any reinforcement scheme may be varied by a subsequent scheme made in the like manner and subject to the like provisions. (8) A fire authority may enter arrangements with the Federal Government, the State Government or any local government authority, established in any other State, which maintains a fire brigade to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements, the provision by the government or local government authority for assistance for the purposes of dealing with fires occurring in the area m the fire authority,, or for the rendering of assistance by the authority for the purpose of dealing with fires occurring outside its area.

7. Voluntary or compulsory schemes for combination of fire authorities. (1) If it appears to any two or more fire authorities that it is expedient that their areas should be combined for fire fighting purposes they may submit a scheme to the appropriate authority in that behalf (hereinafter referred to as a “combination scheme”) and the appropriate authority may by order approve a combination scheme submitted to him. (2) The appropriate authority may require any two or more fire authorities to submit combination scheme to him and, if they fail to do so within three month of such requirement, may by order, establish a combination scheme for those authorities. (3) Subject to the provisions of this Law, a combination scheme shall make provision with respect to the following matter- (a) the constitution of an authority as the-fire authority for the combined area and the establishment of a fire brigade therefore, the transfer to that brigade of members of fire brigades maintained by the constituent authorities; (b) the payment of the expenses of the fire authority constituted by the scheme out of a combined fire service fund constituted in accordance with the provisions of the scheme; (c) the payment into the combined fire service fund out of the local funds of the constituent areas of contributions assessed in accordance with the provisions of the scheme for meeting liabilities imposed on that fund by the scheme; (d) the transfer to the fire authority constituted by the scheme of such property, rights and liabilities of the constituent authorities (being property, rights and liabilities held or incurred in connection with the provisions of fire services) as may be determined by or under the scheme or the use by the fire authority constituted by the scheme of any property; (e) the payment of compensation to persons employed by any constituent authorities, who in consequence of the scheme suffers direct pecuniary loss by reason of the determination of their appointments and may provide for any other matters incidental to or consequential on the provisions of the scheme.

8. Amendment or revocation of combination schemes. (1) (a) The appropriate authority may by a subsequent scheme to revoke or amend on order made under section 7 or a scheme made by the combined authorities and approved by him under the said section. (b) The combined authorities may, with the approval of the appropriate authority, by a subsequent scheme amend or revoke a scheme made by them and approved by the appropriate authority under section 7. (2) Provision may be made by any such subsequent order or scheme- (a) for the division of the combined area into any two or more areas or for the inclusion in the combined area of any other fire authority; (b) for the dissolution of any fire authority constituted by the original scheme, and the winding up of any combined fire service fund established thereunder or for the reconstitution of any such authority or fund; (c) for the transfer or retransfer to such fire brigades and may be determined by the subsequent scheme of members of the fire brigades established by the original scheme; (d) for the transfer or retransfer to such authorities as may be determined by the subsequent scheme of any officers, property, rights or liabilities of the fire authority constituted by the original scheme; (e) for any other matters incidental to or consequential to the provisions of the subsequent scheme.

9. Discharge of functions through other fire authorities. (1) A fire authority may, with the approval of the appropriate authority, make arrangements with any other fire authority who maintains a fire brigade or with the Government so as to secure by the provision of services by the other fire authority or the Government, the discharge of all or any of its functions in respect of all or any part of its area of authority, and arrangements under this subsection may make provision with respect to the terms as to payment or otherwise on which the services in question are to be provided. (2) Where any fire authority has requested another fire authority to enter into arrangements under the last foregoing subsections, and the other fire authority is unwilling to do so or the authorities cannot agree as to the extent of the services to be provided under such arrangements or the terms on which they are to be provided, the matter may be referred by any of the fire, authorities to the appropriate authority whose decision shall be final and binding upon the authorities.

10. Arrangements with persons other than fire authorities. A fire authority may enter into arrangements with persons (not being other fire authorities) who maintain fire brigades to secure, on such terms as to payment or otherwise as may be provided by or under the arrangements; the provision by those persons of assistance for the purpose of dealing with fires occurring in the area of the, authority where either- (a) it is necessary to supplement the services provided by the authority under the last foregoing section; or (b) reinforcements at any fire occurring in the area of the authority can be more readily obtained from the resources of the said persons than from the resources of the authority.

11. Power to enforce functions of fire authorities. (1) Where the appropriate authority is satisfied that any fire authority has defaulted in the performance of any functions conferred or imposed upon it by or under this Law he may make an order declaring the authority to be in default and may by the same or any other order- (a) for the purpose of removing the default, direct the authority to perform its functions in such manner and within such time or times as may be specified in the order; or (b) transfer to such person or body as he, may think fit the functions of the fire; authority in default as may be specified in the order. (2) Where a fire authority with respect to which an order has been made under paragraph (a) of subsection (1) of this section fails to comply with any requirement thereof within the time, limited thereby for compliance with that requirement, the appropriate authority may make an order under paragraph (b) of that subsection. (3) Where any functions of the fire authority are transferred to any person or body under! the provisions of subsection (1) of this section, the expenses incurred by such person or body in discharging those functions shall be a debt due from the authority in default to such person or body.

12. Duty to ensure adequate supply of water. (1) A fire authority shall take all reasonable measures for ensuring the provision of an adequate supply of water, and for securing that it will be available for use, in case of fire. (2) The Rural and Urban Water Board shall at the request of the fire authority concerned fix fire hydrants on its mains at such places as may be most convenient for affording a supply for extinguishing any fire which may break out within the limits of supply, and shall keep in good order and from time to time renew every such hydrant. The cost of such hydrants and of fixing, maintaining or renewing them shall be defrayed by the fire authority. (3) The number or proper position of such hydrants shall be referred to and determined by the State Fire Officer. (4) The Rural and Urban Water Board shall at the expense of the fire authority cause the situation of every fire hydrant provided by the Water Board to be plainly indicated by a notice or distinguishing mark, which may be placed on any wall or fence adjoining a street or public place. (5) Where any such hydrant is damaged as the result of any use made of it with the authority of the Water Board, not being a use for fire fighting purposes or for any other purposes of a fire brigade maintained in pursuance of this Law, the fire authority shall not be liable for the cost of repairing or replacing the hydrant incurred as a result of the damage. (6) The appropriate authority may make regulations providing for uniformity in fire hydrants provided by the Water Board and in any notices of marks indicating their situations and in any case to which regulations under this subsection apply the Water Board shall not be deemed to have complied with its obligations under subsections (2) and (4) of this section unless the hydrant notices or marks conform with the regulations. (7) Any person who uses a fire hydrant, otherwise than for fire fighting purposes or for any other purposes of a fire brigade maintained in pursuance of this Law or otherwise than for purposes authorised by the Water Board or other persons to whom the hydrant belongs, or who damages or obstructs any fire hydrant, otherwise than in consequence of its use for any such purpose as aforesaid shall be liable on conviction to a fine not exceeding H50,000 (fifty thousand naira).

13. Notice to be served of proposed works affecting supply and fire hydrants. (1) Where a person proposes to carry out any works for the purpose of supplying water to any part of the area of a fire authority, he shall give notice in writing thereof to the fire authority and the notice shall be given not less than six weeks before the works are begun. (2) At least seven days before any works which affect a fire hydrant are begun, the authority or person by whom the works are, to be executed shall give notice in writing to the fire authority: Provided that in a case of emergency it is not practicable for notice to be given at the time required by the foregoing provisions of this subsection these provisions shall be deemed to have been complied with if the notice is given as early as may be.

14. Provision of water supply. (1) A fire authority shall for the purpose of this Law have power- (a) to secure the use, in case of fire, of water under the control of any person; (b) to improve the access to any such water; (c) to lay and maintain pipes and to carry out other works in connection with the use of-such water in case of fire. (2) Subject to subsection (1) of this section, a fire authority may use for fire fighting purposes any convenient and suitable supply of water. (3) No charge shall be made for water supplied to a fire authority by the government or local Government Council in case of fire.

15. Government fire brigade. For the purposes of this Law a Government fire brigade and the members thereof shall have all the powers and privileges of a fire brigade and the members thereof, maintained in pursuance of this Law.

16. Powers of firemen and police in extinguishing fire. (1) Any member of a fire brigade maintained in pursuance of this Law who is on duty any member of any other fire brigade who is acting in pursuance of any arrangements made under this Law, or any police officer, may enter and if necessary break into any premises in which a fire has or is reasonably believed to have broken out or which it is necessary to enter for the purpose of extinguishing a fire or of protecting the premises or place from acts done for fire fighting purposes, without the consent of the owner or occupier thereof, and may do all such things as he may deem necessary for extinguishing the fire or for protecting from fire or from acts done as aforesaid, any such premises or place or for rescuing any person or property therein. (2) Traffic control- Any person who wilfully obstructs or interferes with any member of a fire brigade maintained in pursuance of this Law who is engaged in ^operation for me fighting purposes shall be liable on conviction to a fine not, exceeding one hundred thousand naira or imprisonment not exceeding six months or to both such fine and imprisonment. (3) At any fire, the senior member of a fire brigade present shall have the sole charge and control of all operations for the extinction of the fire. (4) The senior police traffic officer present at any fire, or in the absence of any police traffic officer, the senior member of the fire brigade present, may close to traffic any control street or may stop or regulate the traffic in any street whenever in the opinion of that senior member it is necessary or desirable to do so for fire fighting purposes. (5) In this section the expression “senior member of a fire brigade present” in relation to a fire means the senior officer present of the fire brigade maintained in pursuance of this Law in the area in which the fire originates, or if any arrangements or reinforcement scheme made under this Law provided that any other person shall have charge of the operation for the extinction of the fire, that other person.

17. False alarms of fire. Any person who knowingly gives or causes to be given a false alarm of fire to any fire brigade maintained in pursuance of this Law or to any member of such a brigade, shall be found liable on conviction to a fine not exceeding twenty thousand naira or to imprisonment for a term not exceeding three months, or to both.

18. Powers of State Fire Officer. (1) The State Fire Officer may, with the approval of the appropriate authority, give directions of a general character to a fire authority with respect to- (a) the standards and methods of training of members of the fire brigade maintained by it; (b) the design of equipment for such brigade; (c) the attendance of members of the fire brigade at a training institution or center established in pursuance of section 23. (2) The State Fire Officer shall at all reasonable times have a right of access to and be entitled to inspect- (a) the premises in the occupation of a fire authority; (b) the equipment of a fire authority; and (c) the books and records of a fire authority. (3) A fire authority shall furnish to the State Fire Officer such information and returns relating to a fire service maintained by it in such form and within such time as he may require.

19. Inspection of fire services. The State Fire Authority shall cause inspections to be made of the fire brigade and services maintained in pursuance of this Law at such intervals as appear to him to be appropriate.

20. Facilities for State Fire Officer. (1) Every Fire Authority shall afford to the State Fire Officer all reasonable facilities for performing the duties and exercising the powers conferred on him by or under this Law.

21. Condition of service. Subject to the provisions of this Law, the appropriate authority may make rules, in respect of a fire brigade maintained in pursuance of this Law, for all or any of the following purposes- (a) as to the ranks, pay and allowances of the members of the fire brigade; (b) as to the hours of duty and leave; (c) the procedure for the appointment by a fire authority of members of the brigade and period of service of members of the fire brigade; (d) the qualifications for appointment to the brigade ,or to any ranks therein, and for promotion into any such rank and the procedure for such promotion; (e) the maintenance of discipline of the fire brigade; and (f) the pensions, gratuities or other like benefits which shall or may be granted to persons who are or have been members of the fire brigade or to their widows, Children, dependants or personal representatives of such person.

22. Fire brigade establishments to be determined by appropriate authority. The establishment of members of a fire brigade of different descriptions and ranks, and of fire stations and, equipment of different description, to be maintained by a fire authority shall be determined by the appropriate authority.

23. Training institutions. The appropriate authority may establish and maintain a central training institution and one or more local training centres for providing courses of instruction in matters relating to fire service.

24. Grants in aid. (1) The appropriate authority may, with the consent of the State Commissioner for Finance make grants to fire authorities in respect of expenditure incurred by them in connection with the provision of fire services not exceeding such percentage of the expenditure as may be specified by the Commissioner. [WR 16 of 1960.] (2) Such grants may be made upon fulfilment of such conditions as may be determined by the appropriate authority.

25. State Fire Services Advisory Council. (1) There shall be established a State Services Advisory Council (hereinafter referred to ask “the Council”) which shall advise the appropriate authority upon such matters connected with the operation of this Law as may be referred to them by the appropriate authority. (2) The Council shall consist of nine members who shall be appointed" by the appropriate authority. (3) The Council may by resolution co-opt as a member any person whose advice it desires to- have but no co-opted member shall be entitled to vote. (4) The appropriate authority shall appoint a member of the Council to be Chairman. (5) The Permanent Secretary and the State Fire Officer shall have the right to attend any meeting of the Council or of any committee of the Council and to take part in the proceedings thereat but they shall not vote on any matter. (6) The provisions contained in the Schedule to this Law shall have effect with respect to the constitution and proceedings of the Council.

26. Power to hold inquiries. (1) The appropriate authority may cause such inquiries to be held at such times in such places as he may consider necessary or desirable for the purposes of this law. (2) The appropriate authority may appoint in writing any person to conduct such inquiry. (3) The appropriate authority or persons appointed by him under this section shall cause a notice of the time and place of the inquiry to be given to the fire authorities and persons appearing to him to be interested. (4) Where the appropriate authority causes an inquiry to be held the costs of such inquiry shall be defrayed by such authority or person as he may direct, and the amount certified by him to be paid by such authority or person shall be a debt the to the Government from that authority or person.

27. Power to make regulations. The appropriate authority may, subject to the provisions of this Law, make regulations generally for the better carrying into effect of the purposes and provisions of this Law, and without prejudice to the generality of the foregoing, may make regulations for all or any of the following purposes- (a) the prevention of fire, the reduction of the risk of fire and the safety of persons, animals or property in or near any building, or class of buildings from fire hazards; (b) the prohibition or control of the use, in the erection, alteration, improvement or repair of any building or other structure, of materials considered by the appropriate authority to constitute a fire hazard; or of the use, in the erection, alteration, improvement or repair of any building or other structure, of any materials which because of the use or proposed use of the said building or other structure, or because of its location or proposed location or otherwise the appropriate authority consider to constitute a fire hazard; (c) requiring owners of multiple dwellings, cinemas, theatres, offices and other, such buildings, structures, or places to which the public resort from time to time to take such precautions as the appropriate authority may specify for the safety, against fire hazards of the tenants and occupiers of, or invitees, or other users of, such buildings, structures or places; (d) for the purpose of paragraph (c), the classification by the appropriate authority of such buildings, structures or places as therein mentioned into different categories, the making of different safety requirements in respect of each such category, the conferment of powers upon the State Fire to limit the numbers of persons occupying or using such buildings, structures or places at any time, and to require owners thereof to install such fire fighting equipment of such standards as the appropriate authority may prescribe and generally to regulate the use of such buildings, structures or places so that at, all times the invitees, or tenants, occupiers or other users thereof shall have, free access to such fire fighting equipment; (e) prescribing the types of signals, audible or visual, to be used on fire engines or other' mobile fire fighting equipment; (f) prescribing fees to be charged by a fire authority for services rendered by it under this Law; and (g) generally giving effect to the objects and purposes at this Law. FIRE SERVICES LAW [Section 25.] Provisions Relating to the Constitution and Proceedings of the State Fire Services Advisory Council

1. Tenure of office of member Subject to paragraph (3) of this Schedule, a member of the Council shall hold office for a period of three years from the date of his appointment unless his appointment had been revoked earlier by the appropriate authority: Provided that whenever the seat of a member becomes vacant under the provisions of paragraph (3), any person appointed to fill the vacancy shall thereby vacate his Seat at the expiration of the remainder, of the term of office of the person in whose place he is appointed.

2. Eligibility for reappointment A person who has vacated office as a member of the Council shall be eligible for re- appointment.

3. Vacation of office The seat of a member pf the Council appointed by name shall become vacant- (a) upon his death; (b) if he is absent from the meetings of the Council for a continuous period of twelve months; (c) if he is declared a bankrupt; (d) if he is sentenced to imprisonment by any competent court for a term not exceeding six months; (e) if he is found or declared to be of unsound mind or adjudged to be a lunatic; (f) if by writing under his hand addressed to the appropriate authority he resigns his seat; or (g) if the appropriate authority revokes his appointment.

4. Meetings of the Council (1) The Council shall meet at such times and places as the appropriate authority or Chairman may appoint and in any event the Council shall meet not less than once in every six months. (2) A meeting of the Council shall be convened if five or more members make a request in writing to that effect to the Chairman specifying the business to be transacted. (3) Fourteen days at least before a meeting of the Council a summons to attend the meeting, specifying the time and place appointed therefor and signed by the Secretary, shall be left at or sent by post to the usual place of residence of every member of the Council: Provided that want of service of the summons on any member of the Council shall not affect the validity of a meeting.

5. Quorum The Chairman (or in his absence the member appointed to preside) and four other members, shall form a quorum.

6. Chairman to preside At every meeting the Chairman, if present shall preside and in his absence such member of the Council as may be elected by a majority of those present shall preside.

7. Voting (1) Every question which comes before the Council for decision shall be decided by a majority of the votes of the members present and voting. (2) The member presiding at any meeting shall have a vote and, in the event of an equality of votes, a casting vote.

8. Vacancies No act or proceedings of the Council shall be questioned on account of any vacancy among its members.

9. Minutes Minutes shall be kept of the proceedings of the Council and any such minutes shall, if signed by a person purporting to have acted as chairman of a meeting to which the minutes relate, or of a meeting at which they were read, be evidence of the proceedings of the first mentioned meeting.