Fire and Rescue
Service (Jersey) Law 2011
A LAW to replace the Fire Service (Jersey)
Law 1959, to continue to provide for the States of Jersey Fire and Rescue
Service; to provide for the better protection of life, property and the
environment against fire and emergencies arising from other causes, and for
related matters.
Adopted by the
States 19th July 2011
Sanctioned by
Order of Her Majesty in Council 16th November 2011
Registered by the
Royal Court 9th
December 2011
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
PART 1
INTRODUCTORY PROVISIONS
1 Interpretation
In this Law, unless the context otherwise
requires –
“Airport Rescue and Firefighting
Service” means the fire and rescue service maintained at St. Peter’s
Airport by the States of Jersey;
“Chief Fire Officer”
means the Chief Fire Officer of the States of Jersey Fire and Rescue Service;
“emergency” means –
(a) an
event or situation that causes or is likely to cause a person to die, to be
seriously injured or to become seriously ill;
(b) an
event or situation that causes or is likely to cause serious damage to
property; or
(c) an
event or situation that causes or is likely to cause serious harm to the
environment;
“environment”
includes the marine environment;
“firefighter” means –
(a) the
Chief Fire Officer; or
(b) a
States’ employee within the meaning of the Employment of States of Jersey
Employees (Jersey) Law 2005[1] who is employed in the Fire
and Rescue Service as a firefighter;
“functions” includes
powers and duties;
“harm to the environment”
includes harm to the life or health of plants or animals;
“highway” includes a
road, as defined in Article 1(1) of the Road Traffic (Jersey) Law 1956[2];
“humanitarian services”
includes –
(a) the
rescue of persons;
(b) assistance
to persons to gain access to places; and
(c) the
provision of medical aid to persons,
otherwise than in cases of emergency, and also includes the rescue of
animals;
“low water mark”
means the mean low water mark (chart datum);
“Minister” means the
Minister for Home Affairs;
“provision” means
provision that is effective, efficient and economical;
“States of Jersey Fire and Rescue
Service” and “Fire and Rescue
Service” mean the States of Jersey Fire and Rescue Service to
which Article 3 refers;
“technical fire safety advice”
means specific technical advice about –
(a) the
prevention of fires and the restriction of their spread in buildings and other
property;
(b) means
of escape from buildings and other property in case of fire; or
(c) compliance
with the Fire Precautions (Jersey) Law 1977[3],
and also means the provision of technical assistance in connection
with that advice;
“Waterworks Company”
means the Jersey New Waterworks Company Limited.
2 Administration
of Law
The Minister for Home Affairs shall be responsible for the administration
of this Law.
PART 2
THE STATES OF JERSEY FIRE AND RESCUE
SERVICE
3 Constitution
of the Fire and Rescue Service
(1) There
shall continue to be a service called the States of Jersey Fire and Rescue
Service.
(2) The
Fire and Rescue Service is the same service as that established by Article 2
of the Fire Service (Jersey) Law 1959[4].
(3) From
the commencement of this Law, the Fire and Rescue Service shall be constituted
by –
(a) the
person who is for the time being employed under the Employment of States of
Jersey Employees (Jersey) Law 2005 as the Chief Fire Officer of the
Service; and
(b) those
States’ employees within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005 who are for the time being employed for
the purposes of the Service.
(4) The
Fire and Rescue Service is responsible to the Minister –
(a) for
the carrying out of those matters that the Minister must or may make provision for
or undertake under this Law, the Fire Precautions (Jersey) Law 1977 or any
other enactment; and
(b) for
the carrying out of such other functions as the Service or a member of the
Service has under any enactment to which sub-paragraph (a) refers.
4 Chief
Fire Officer
The Chief Fire Officer shall be the head of the Fire and Rescue
Service, and is responsible to the Minister for its effective, efficient and
economical operation.
5 Acting
Chief Fire Officer
(1) The
Minister shall appoint an officer of the Fire and Rescue Service to act as the Chief
Fire Officer during –
(a) the
temporary absence or incapacity of the Chief Fire Officer; or
(b) a
vacancy in the office of Chief Fire Officer.
(2) An
officer appointed under paragraph (1) has, while so acting, the functions
of the Chief Fire Officer under this Law and any other enactments.
PART 3
FIRE AND RESCUE FUNCTIONS
6 Promotion
of fire safety
(1) The
Minister shall make provision for the purposes of promoting fire safety in
Jersey.
(2) In
making provision under paragraph (1), the Minister shall in particular, to
the extent that he or she considers it reasonable to do so, make arrangements
for –
(a) the
provision of general information and publicity, and encouragement, in respect
of the steps to be taken to prevent fires and death or injury, or damage to
property, by fire;
(b) the
giving of general advice for community and domestic purposes, on request, about
the prevention of fires and the restriction of their spread in buildings and
other property;
(c) the
giving of general advice for community and domestic purposes, on request, about
means of escape from buildings and other property in case of fire; and
(d) the
provision of technical fire safety advice for any commercial, trade,
professional or public purpose.
7 Maintenance
of firefighting capability
(1) The
Minister shall make provision for the purposes of –
(a) extinguishing
fires; and
(b) protecting
life and property in the event of fire.
(2) The
Minister’s duty under paragraph (1) is to do so in respect of fire
occurring in Jersey above the low water mark.
8 Road
traffic accidents
The Minister shall make provision for the purposes of –
(a) rescuing
people in the event of road traffic accidents in Jersey; and
(b) protecting
people from serious harm, to the extent that he or she considers it reasonable
to do so, in the event of road traffic accidents in Jersey.
9 Rescues
from dangerous places
(1) The
Minister shall make provision for the purposes of rescuing people from dangerous
places.
(2) The
Minister’s duty under paragraph (1) is to do so in respect of
rescues beginning above the low water mark in Jersey.
10 Other
emergencies
The Minister may make provision in respect of emergencies (other
than those arising in circumstances to which Articles 7 to 9 already refer)
that are of any kind specified in an Order made by the Minister.
11 Humanitarian
services
The Minister may make provision in respect of humanitarian services (other
than those arising in circumstances to which Articles 7 to 10 already
refer) of any kind specified in an Order made by the Minister.
12 Delivery
of services
In making provision under Articles 6 to 11, the Minister shall
in particular –
(a) secure
the provision of the personnel, services, buildings and equipment necessary for
the Fire and Rescue Service to meet all normal requirements;
(b) secure
the provision of training for personnel of the Service;
(c) make
arrangements to enable the Service to deal with calls for help and for
summoning personnel;
(d) make
arrangements for securing the cooperation of the Airport Rescue and Firefighting
Service when required to ensure the performance of the Minister’s
functions under this Law;
(e) make
arrangements to enable information needed for the purposes mentioned in Articles 6
to 11 to be obtained; and
(f) make
arrangements for ensuring that reasonable steps are taken so as to prevent or
limit damage to property resulting from action taken for the purposes mentioned
in Articles 7 to 11.
13 Other
events and situations
(1) The
Chief Fire Officer may take any action that he or she considers
appropriate in response to –
(a) an
event or a situation that causes or is likely to cause a person to die, to be
injured or to become ill;
(b) an
event or situation that causes or is likely to cause damage to property; or
(c) an
event or a situation that causes or is likely to cause harm to the environment.
(2) An
action taken under paragraph (1) includes –
(a) any
action for the purpose of enabling action to be taken in response to an event
or situation of the kind mentioned in paragraph (1); and
(b) an
action to secure the provision of equipment.
(3) An
action –
(a) may
be taken under paragraph (1) for a purpose even though that purpose is not
mentioned in any of Articles 7 to 11;
(b) in an
area of the sea; or
(c) outside
Jersey, in support of a reinforcement scheme made by the Minister under Article 14,
or otherwise in support of another fire service or fire and rescue service that
is outside Jersey.
14 Reinforcement
schemes
(1) The
Minister may enter into a reinforcement scheme with an authority (by whatever
name it is called) that performs in another place or area in the British
Islands any functions that are equivalent to or of the same kind as those of
the Minister or the States of Jersey Fire and Rescue Service under this Law.
(2) A
reinforcement scheme is a scheme for ensuring that assistance may be provided
between the Minister and an overseas fire authority, so as to enable the Minister
and the Fire and Rescue Service, and the other fire authority and its service, to
perform their functions.
(3) A
reinforcement scheme may make provision for apportioning between the Minister
and an overseas fire authority any expenses incurred in taking measures to
secure the operation of the scheme.
(4) A
reinforcement scheme may include provision for an overseas fire authority, at
the request of the Minister, to place members of the overseas fire authority’s
service at the Minister’s disposal for the purpose of enabling the States
of Jersey Fire and Rescue Service to meet any special demand on its resources.
(5) A
member of the fire and rescue service of an overseas fire authority serving a
period of duty in Jersey under a reinforcement scheme made under paragraph (1)
shall, during that period –
(a) be subject to the authority
and under the control of the Chief Fire Officer; and
(b) if the member performs
the functions of a firefighter in the service of the overseas fire authority, carry
out the duties and have the powers of a firefighter under this Law.
(6) Any
reference in this Law or any other enactment to a firefighter or other member
of the States of Jersey Fire and Rescue Service shall include a reference to a firefighter
or other member of the service of an overseas fire authority serving a period
of duty in Jersey under a reinforcement scheme made under paragraph (1).
(7) In
this Article –
(a) “overseas fire
authority” means an authority to which paragraph (1) refers; and
(b) a reference to the service of an overseas fire
authority means the fire service, or the fire and
rescue service, (by whatever name it is
called) that is provided by that authority for its place or area.
15 Ability
to charge
(1) The
Minister may by Order specify actions taken under this Law, or under any
other enactment, for which the Chief Fire Officer may (if the latter thinks fit)
charge a person.
(2) An
Order under paragraph (1) may be made for, but only for, actions of the
following kinds taken by or on behalf of the Fire and Rescue Service –
(a) the
provision of technical fire safety advice;
(b) anything
done or provided under Article 11;
(c) anything
done or provided under Article 13; or
(d) responding
to an automatic fire alarm, where it operates because of a malfunction and
there is not an emergency at the place concerned.
(3) An
Order under paragraph (1) may –
(a) specify
the classes of person in relation to whom charges may be made;
(b) prescribe
the amounts or rates of charges; and
(c) specify
exemptions from charges.
(4) An
Order under paragraph (1) may authorize a charge to be imposed on or recovered
from –
(a) a
person causing the incident that gives rise to the action taken;
(b) in
the case of a person under full age in respect of whom the action is taken, the
person’s parent or guardian; or
(c) in
the case of a person under disability in respect of whom the action is taken, a
person having the care of the person under disability,
but this paragraph does not limit either of paragraphs (1) and
(3).
(5) The
Chief Fire Officer may not impose a charge on a person in relation to the
taking of an action unless the person has been informed, before the taking of
the action, of the charge that may be imposed on him or her if the action is
taken.
(6) A
charge that is imposed by the Chief Fire Officer under this Article shall be
recoverable in any court of competent jurisdiction as a civil debt due and
payable to the States.
(7) The
Minister may in any particular case, by a statement in writing that sets out
his or her reasons for doing so, waive the payment by a person of a charge.
16 Person
in charge at fire
(1) At
a fire, the senior firefighter present shall have the sole charge and control
of all operations for the extinguishing of the fire.
(2) The
operations mentioned in paragraph (1) include, but are not limited to –
(a) the
fixing of the positions of fire engines and apparatus;
(b) the
attaching of hoses to any water pipes or the use of any water supply; and
(c) the
selection of the parts of the premises, object or place where the fire is, or
of adjoining premises, objects or places, against which the water is to be
directed.
(3) Where
the senior firefighter present at the fire is a member of the Fire and Rescue
Service, he or she –
(a) may
delegate the sole charge and control of operations to any other firefighter who
is present; and
(b) may
at any time revoke the delegation.
(4) In this
Article, the expression “senior firefighter present”, in relation
to any fire –
(a) if
sub-paragraph (b) does not apply, means the senior firefighter of the Fire
and Rescue Service present at the fire, or the firefighter to whom he or she
has for the time being under paragraph (3) delegated charge and control of
operations; or
(b) if
any arrangements for cooperation with the Airport Rescue and Firefighting
Service provide that any other person shall have charge of the operations, means
that other person.
17 Power
of firefighters in an emergency or similar situation
(1) A firefighter,
any member of the Airport Rescue and Firefighting Service who is acting in
pursuance of any arrangements made under this Law, or a police officer may, if he
or she reasonably believes a fire to have broken out, or to be about to break
out, do anything he or she reasonably believes to be necessary for the purpose
of –
(a) extinguishing
or preventing the fire or protecting life or property; or
(b) preventing
or limiting damage to property resulting from action taken for the purposes
mentioned in sub-paragraph (a).
(2) A firefighter
may do any of the following things –
(a) if he
or she reasonably believes a road traffic accident to have occurred, do
anything he or she reasonably believes to be necessary for the purpose of
rescuing people or protecting them from serious harm;
(b) if
he or she reasonably believes that a person in a dangerous place needs to be
rescued, do anything the firefighter reasonably believes to be necessary for
the purpose of rescuing the person or protecting the person from serious harm;
(c) if he
or she reasonably believes that an emergency to which an Order under Article 10
relates has occurred, do anything he or she reasonably believes to be necessary
for the purpose of discharging the functions of the Minister in respect of that
emergency, as specified in the Order;
(d) if
he or she reasonably believes that an event or situation of a kind referred to
in Article 13 has arisen, do anything he or she reasonably believes to be
necessary for the purpose of discharging the functions of the Chief Fire
Officer in respect of that event or situation; and
(e) do
anything he or she reasonably believes to be necessary for the purpose of
preventing or limiting damage to property resulting from action taken as
mentioned in sub-paragraphs (a) to (d).
(3) Without
limiting the generality of paragraphs (1) and (2), the things that a person
may do under either of those paragraphs include –
(a) entering
any premises or place, by force if necessary, without the consent of the owner
or occupier of the premises or place;
(b) moving
or breaking into a vehicle or vessel without the consent of the owner;
(c) closing
a highway;
(d) stopping
and otherwise regulating traffic;
(e) for
the purposes of closing a highway, or stopping and otherwise regulating
traffic, prohibiting persons from doing things or requiring them to do things;
(f) prohibiting
persons from entering any premises or place; and
(g) requiring
persons to leave any premises or place.
(4) Paragraph (1)
does not authorize a person to do any act or make any omission in
contravention of Article 17(1) of the Water Pollution (Jersey) Law 2000[5], except in circumstances
that constitute under either of paragraphs (4) and (6) of Article 18
of that Law a defence to an offence under Article 17(1) of that Law.
18 Powers
of firefighter to obtain information and conduct investigations
(1) A
firefighter may, at any reasonable time, enter premises –
(a) for
the purpose of obtaining information needed for the discharge of the functions
to which any of Articles 7 to11 refers; or
(b) if
there has been a fire in the premises, for the purpose of investigating what
caused the fire or why it progressed as it did.
(2) A
firefighter may not, under paragraph (1) –
(a) enter
premises by force; or
(b) demand
admission as of right to premises occupied as a private dwelling, unless at
least 24 hours’ notice in writing has first been given to the
occupier of the dwelling.
(3) A
notice may be given under paragraph (2) to an occupier –
(a) by
delivering it to the occupier; or
(b) by
leaving it for the occupier at the dwelling.
(4) A
firefighter may not for the purpose mentioned in paragraph (1)(b) enter as
of right premises in which there has been a fire, if –
(a) the
premises are unoccupied;
(b) the
premises were occupied as a private dwelling immediately before the fire; and
(c) the
person who was then the occupier is not deceased,
unless 24 hours’ notice in writing has first been given
to the person.
(5) A
notice may be given under paragraph (4) to a person who was an occupier –
(a) by delivering
it to the person;
(b) by leaving
it for the person at any address that the person has given for the purposes of
a notice under that paragraph; or
(c) if
no such address has been given, by leaving it at the last known address of the
person.
(6) A
firefighter exercising a power of entry under paragraph (1) shall, if requested
to do so by an occupier of the premises, produce evidence of his or her
identity as a firefighter –
(a) before
entering the premises; or
(b) at
any time before leaving the premises.
19 Warrant
for entry of premises
(1) A
firefighter may apply to the Bailiff or a Jurat for a warrant under this
Article if he or she considers it necessary to enter premises for a purpose
mentioned in Article 18 but he or she is unable to do so, or considers that
he or she is likely to be unable to do so, otherwise than by force.
(2) If,
on an application under paragraph (1), the Bailiff or Jurat is satisfied
by information on oath –
(a) that
it is necessary for the firefighter to enter the premises for the purpose to
which the application relates; and
(b) that
the firefighter is unable to do so, or is likely to be unable to do so,
otherwise than by force,
the Bailiff or Jurat may issue a warrant
authorizing the firefighter to enter the premises by force at any reasonable
time.
(3) A
firefighter may apply to the Bailiff or a Jurat for a warrant under this
Article if he or she considers it necessary to enter a dwelling for a purpose
mentioned in Article 18(1) without giving notice as required by paragraph (2)
or paragraph (4) of that Article.
(4) If,
on an application under paragraph (3), the Bailiff or Jurat is satisfied by
information on oath that it is necessary for the firefighter to enter the
dwelling for the purpose to which the application relates without giving notice
as required by paragraph (2) or paragraph (4) of Article 18, the
Bailiff or Jurat may issue a warrant authorizing the firefighter to enter the
premises under that Article at any time, by force if necessary.
(5) A
firefighter exercising a power of entry under a warrant issued under this
Article shall, if so required, produce evidence of his or her identity as a
firefighter, and the warrant –
(a) before
entering the premises; or
(b) at
any time before leaving the premises.
20 Supplementary
powers of firefighter
(1) If a
firefighter exercises a power of entry under Article 18 for the purpose
mentioned in paragraph (1)(a) of that Article, he or she may –
(a) take
with him or her any other persons, and any equipment, that he or she considers
necessary; and
(b) require
any person present on the premises to provide the firefighter with any
facilities, information, documents or records, or other assistance that he or
she may reasonably request.
(2) If a
firefighter exercises a power of entry under Article 18 for the purpose
mentioned in paragraph (1)(b) of that Article, he or she may –
(a) take with him or her any other persons, and
any equipment, that he or she considers necessary;
(b) inspect and copy any documents or records on
the premises or remove them from the premises;
(c) carry out any inspections, measurements and
tests in relation to the premises, or to an article or substance found on the
premises, that he or she considers necessary;
(d) take samples of an article or substance
found on the premises, but not so as to destroy it or damage it unless it is
necessary to do so for the purpose of the investigation;
(e) dismantle an article found on the premises,
but not so as to destroy it or damage it unless it is necessary to do so for
the purpose of the investigation;
(f) take possession of an article or
substance found on the premises and detain it for as long as is necessary for
any purpose to which paragraph (3) refers; and
(g) require a person present on the premises to
provide the firefighter with any facilities, information, documents or records,
or other assistance, that he or she may reasonably request.
(3) The purposes to which this paragraph refers
are –
(a) to
examine the article or substance and do anything he or she may do under the
power to which either of sub-paragraphs (c) and (e) of paragraph (2)
refers;
(b) to
ensure that it is not tampered with before his or her examination of it is
completed; and
(c) to
ensure that it is available for use as evidence in proceedings for an offence
relevant to the investigation.
(4) If a firefighter exercises the power to
which paragraph (2)(d) refers, he or she shall –
(a) leave a notice at the premises (either with
a responsible person or, if that is impracticable, fixed in a prominent
position at the premises) giving particulars of the article or substance and
stating that he or she has taken a sample of it; and
(b) if it is practicable to do so, give to a
responsible person at the premises a portion of the sample marked in a manner
sufficient to identify it.
(5) If a firefighter exercises the power to
which paragraph (2)(f) refers, he or she shall leave a notice at the
premises (either with a responsible person or, if that is impracticable, fixed
in a prominent position at the premises) giving particulars of the article or
substance and stating that he or she has taken possession of it.
(6) If, in the exercise of any power under Article 18,
a firefighter enters premises –
(a) that
are unoccupied; or
(b) from
which the occupier is temporarily absent,
the firefighter shall, on his or her departure, leave the premises
as effectively secured against unauthorized entry as he or she found them.
PART 4
Water supply
21 Supply
of water for firefighting
(1) The
Minister shall take all reasonable measures for ensuring the provision of an
adequate supply of water for use in case of fire.
(2) For
the purposes of this Article, the Minister may enter into an agreement with the
Waterworks Company for the taking by the Company, on the terms as to payment or
otherwise that may be specified in the agreement, of the measures specified in
the agreement for securing that an adequate supply of water shall be available
in case of fire.
(3) For
the purposes of extinguishing fires, the Waterworks Company shall permit any
person to take, without payment, water from any hydrant under its control.
(4) The
Minister shall have power –
(a) to
secure, by agreement with a person other than the Waterworks Company who has
control of water, the use of the water in case of fire;
(b) to
improve access to any water; and
(c) to
lay and maintain pipes and to carry out other works in connection with the use,
in case of fire, of water of which a person other than the Waterworks Company
has control.
(5) The
Fire and Rescue Service may also use for firefighting purposes any other
convenient and suitable supply of water, but the Minister shall be liable to
pay reasonable compensation for it.
(6) The
Waterworks Company shall not be liable for any claim by reason of the
interruption of the supply of water that arises only by compliance of the Company
with a request by the senior firefighter present (within the meaning of Article 16),
to provide a greater supply and pressure of water for extinguishing a fire.
22 Provision
of fire hydrants
(1) The
Chief Fire Officer may make arrangements with the Waterworks Company –
(a) for
fire hydrants of a pattern approved by the Chief Fire Officer to be fixed on
its mains (other than trunk mains); and
(b) for
such hydrants to be kept in good order and to be renewed when required.
(2) The
Chief Fire Officer shall cause the situation of every fire hydrant provided by
the Waterworks Company to be plainly indicated by a notice or distinguishing
mark.
(3) The
notice or distinguishing mark may be placed on a street, or on any wall or
fence adjoining a street or public place.
(4) If
a fire hydrant is damaged as the result of any use made of it with the
authority of the Waterworks Company (not being any use for firefighting
purposes or for any other purposes of the Fire and Rescue Service), the
Minister shall not be liable for the cost of repairing or replacing the hydrant
incurred as the result of the damage.
23 Notice
of works affecting water supply and fire hydrants
(1) If the Waterworks Company, or a person
providing services to the Waterworks Company under a contract for services,
proposes to carry out works for the purpose of supplying water to any part of
Jersey, the Waterworks Company or person (as the case may be) shall give at
least 30 days’ notice in writing to the Chief Fire Officer.
(2) If the Waterworks Company, or a person
providing services to the Waterworks Company under a contract for services,
proposes to carry out works affecting a fire hydrant, the Waterworks Company or
person (as the case may be) shall give at least 3 days’ notice in
writing to the Chief Fire Officer.
(3) If it is not practicable for the Waterworks
Company or a person to give notice as required by paragraph (1) or paragraph (2),
the Waterworks Company or person shall be taken to have complied with the
requirement if the notice is given as soon as practicable.
PART 5
OFFENCES
24 Default in respect of water
supply
(1) If
the Waterworks Company contravenes Article 21(3), it shall be guilty of an
offence and liable to a fine of level 4 on the standard scale.
(2) If
the Waterworks Company or any other person, without reasonable excuse,
contravenes either of paragraphs (1) and (2) of Article 23, the
Company or the person (as the case may be) shall be guilty of an offence and
liable to a fine of level 4 on the standard scale.
(3) The
Waterworks Company does not commit an offence by contravening Article 21(3)
if it is prevented from complying with that paragraph by reason of –
(a) frost,
drought, unavoidable accident or other unavoidable cause; or
(b) the
execution of necessary works.
25 Unauthorized
disclosure of information
(1) A
person who, in the course of performing a function under this Law, obtains any
information relating to a manufacturing process or trade secret shall not intentionally
disclose that information, otherwise than in the performance of his or her
duty, to any other person.
(2) A
person who contravenes paragraph (1) shall be guilty of an offence and
liable to 3 months’ imprisonment and a fine of level 3 on the
standard scale.
26 Obstructing
persons exercising powers under this Law
A person who, without reasonable excuse, intentionally obstructs or
interferes with a firefighter, a police officer, or an officer of the Airport
Rescue and Firefighting Service, who is taking action authorized by any of Articles 17,
18 and 20 or by a warrant issued under Article 19 shall be guilty of
an offence and liable to 3 months’ imprisonment and a fine of
level 3 on the standard scale.
27 Failing
to obey prohibition or requirement
A person who, without reasonable excuse, fails to comply with –
(a) a
prohibition imposed under Article 17(3); or
(b) a
requirement made under Article 17(3) or under either of paragraphs (1)
and (2) of Article 20,
shall be guilty of an offence and liable to a fine of level 3
on the standard scale.
28 Misuse
of fire hydrants and signs
(1) Any
person who uses a fire hydrant otherwise than for –
(a) firefighting
purposes;
(b) any
other purposes of the Fire and Rescue Service or the Airport Rescue and Firefighting
Service; or
(c) any
purpose authorized by the Waterworks Company,
or who damages or obstructs any fire hydrant otherwise than in
consequence of its use for any such purpose, shall be guilty of an offence and liable
to a fine of level 2 on the standard scale.
(2) Any
person who damages, or without lawful authority removes, any notice or
distinguishing mark placed in accordance with Article 22(2), shall be
guilty of an offence and liable to a fine of level 2 on the standard
scale.
29 False
alarms
Any person who knowingly gives or causes to be given a false alarm
of fire to the Fire and Rescue Service or the Airport Rescue and Firefighting
Service or any officer of either of them, shall be guilty of an offence and
liable to imprisonment for a term of 3 months and to a fine of level 3
on the standard scale.
30 Fires
that are not accidental
(1) A
person who, being the owner of any material to which this Article applies, sets
fire to it and, by reason of the spread of the fire, causes damage to the
property of another person, shall be guilty of an offence and liable to a fine
of level 4 on the standard scale.
(2) It
is a defence to a charge of an offence under paragraph (1) if the
defendant proves that he or she took all reasonable precautions to prevent the
fire from spreading.
(3) Any
person who maliciously sets fire to any material to which this Article applies
that is the property of another person shall be guilty of an offence and liable
to imprisonment for a term of 10 years and to a fine.
(4) The
materials to which this Article applies are any crops (whether standing or cut
down) bracken, gorse, grass, heather, leaves, woodland, stack of cultivated
produce, building, machinery, goods, aircraft, vehicle or vessel.
31 Criminal liability of
directors and similar officers
(1) This
Article applies if an offence under any of Articles 24, 27 and 28
committed by a body corporate or by a limited liability partnership is proved to
have been committed with the consent or connivance of, or to be attributable to
neglect on the part of –
(a) a
person who is a director, manager, secretary or other similar officer of the
body corporate, or a partner of the partnership; or
(b) a
person purporting to act in any such capacity.
(2) The
person –
(a) shall
also be guilty of the offence; and
(b) shall
be liable in the same manner as the body corporate or the partnership to the
penalty provided for the offence.
(3) If
the affairs of a body corporate are managed by its members, this Article
applies in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
PART 6
OTHER PROVISIONS
32 Transitional
provisions
From the commencement of Article 3 of this Law, and subject to
the provisions of this Law –
(a) the
person who immediately before the commencement of that Article was employed
under the Employment of States of Jersey Employees (Jersey) Law 2005 as
the Chief Fire Officer of the Fire and Rescue Service shall continue to be the Chief
Fire Officer of the Service, on the same terms and conditions as he or she was
then employed;
(b) any
person who immediately before the commencement of that Article was employed
under the Employment of States of Jersey Employees (Jersey) Law 2005 as a
fire service officer of the Service shall continue to be a member of the
Service, on the same terms and conditions as he or she was then employed; and
(c) if
a fire service officer to whom paragraph (b) of this Article refers was so
employed as a firefighter, he or she shall be taken to be employed under this
Law as a firefighter.
33 Repeal
The Fire Service (Jersey) Law 1959[6] shall be repealed.
34 Amendments
to other enactments
(1) The
enactments specified in the Schedule shall be amended in the manner specified
in the Schedule.
(2) In
every other enactment, unless the context otherwise requires –
(a) every
reference to the States of Jersey Fire Service shall be construed as a
reference to the States of Jersey Fire and Rescue Service; and
(b) every
reference to the States of Jersey Airport Fire Service shall be construed as a
reference to the States of Jersey Airport Rescue and Fire Service.
35 Citation
and commencement
(1) This
Law may be cited as the Fire and Rescue Service (Jersey) Law 2011.
(2) This
Law shall come into force on such day or days as the States may by Act appoint
and different days may be appointed for different provisions.
m.n. de la haye
Greffier of the States