GHANA NATIONAL FIRE SERVICE ACT - 1997 (ACT 537)
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For the purpose of achieving its objective, the Service shall perform the following functions-
(a) organise public fire education programmes to -
(i) create and sustain awareness of the hazards of fire; and
(ii) heighten the role of the individual in the prevention of fire;
(b) provide technical advice for building plans in respect of machinery and structural layouts to facilitate escape from fire, rescue operations and fire management;
(c) inspect and offer technical advice on fire extinguishers;
(d) co-ordinate and advise on the training of personnel in fire fighting departments of institutions in the country;
(e) train and organise fire volunteer squads at community level;
(f) offer rescue and evacuation services to those trapped by fire or in other emergency situations, and
(g) undertake any other function incidental to the objective of the Service.
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The Council shall-
(a) advise the Minister on the formulation of policies;
(b) ensure the implementation of the functions of the Service;
(c) direct the administration of the Service;
(d) determine the type of equipment to be purchased and specifications of equipment for the Service;
(e) be responsible for determining recruitment, selection, training and promotion of personnel of the Service; and
(f) perform any other functions for the purpose of achieving the objective of the Service.
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The Council shall-
(a) advise the Minister on the formulation of policies;
(b) ensure the implementation of the functions of the Service;
(c) direct the administration of the Service;
(d) determine the type of equipment to be purchased and specifications of equipment for the Service;
(e) be responsible for determining recruitment, selection, training and promotion of personnel of the Service; and
(f) perform any other functions for the purpose of achieving the objective of the Service.
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(1) The members of the Council other than the ex-officio members shall hold office for
four years and shall on the expiration of that term be eligible for re-appointment.
(2) A member of the Council other than an ex-officio member may resign his office in writing addressed to the President through the Minister.
(3) Where the office of a member of the Council other than an ex-officio member becomes vacant before the expiration of his term of office either by resignation or any other cause, the Minister shall notify the President of the occurrence of the event and the President shall, acting in consultation with the Council of State, appoint another person in his place to hold office for the unexpired portion of the term of office.
(4) Where it appears to the President on the recommendation of the Minister that any member of the Council is incapacitated by absence from Ghana or illness or any other sufficient cause from performing the duties of his office, the President shall appoint another person to hold office in his place until such time as the President is satisfied that the incapacity of that person has terminated or until the term of the member expires whichever first occurs.
(5) A member of the Council other than an ex-officio member who is absent from three consecutive meetings of the Council without sufficient cause shall cease to be a member.
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(1) The Council shall meet for the despatch of business at such times and in such places as the Chairman may determine but shall meet at least once in every three months.
(2) The Chairman shall upon the request of not less than one-third of the membership convene a special meeting of the Council.
(3) The quorum at a meeting of the Council shall consist of five members and shall include the Chief Fire Officer.
(4) At every meeting of the Council the Chairman shall preside and in his absence a member of the Council elected by the members present and voting from among their number may preside.
(5) Questions before the Council shall be decided by the majority of members present and voting and in the event of equality of votes the Chairman or person presiding shall have a casting vote.
(6) The Council may co-opt any person to attend any of its meetings but no co-opted person is entitled to vote at the meeting.
(7) The validity of the proceedings of the Council shall not be affected by a vacancy among its members or by a defect in the appointment or qualification of a member.
(8) Any member of the Council who has an interest in a contract or other transaction proposed to be entered into with the Service shall disclose in writing to the Council the nature of his interest and shall be disqualified from participating in any deliberation of the Council in respect of the contract or other transaction.
(9) A member of the Council who infringes subsection (8) of this section is liable to be removed from the Council.
(10) Except as otherwise provided under this Act, the Council shall determine and regulate the procedure for its meetings.
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(1) Without limiting the effect of section 10, there is hereby established a Fire Service Technical Advisory Committee in this Act referred to as "the Technical Committee".
(2) The Technical Committee shall consist of -
(a) the Chief Fire Officer who shall be the Chairman;
(b) the head of the Armed Forces Fire Service;
(c) the head of the Tema Oil Refinery fire unit;
(d) the head of the VALCO fire unit;
(e) the head of the Civil Aviation fire department;
(f) the head of the Ports and Harbours fire department;
(g) a representative of the Volta River Authority;
(h) a representative of the Ghana Water and Sewerage Corporation;
(i) a representative of the Ghana Chamber of Mines;
(j) a representative of the Electricity Company of Ghana;
(k) a representative of the Insurance industry; and
(1) two other persons appointed by the Council.
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The Technical Committee shall subject to such directives as may be given by the Council-
(a) co-ordinate and ensure a uniform training programme for the Service;
(b) be responsible for the standardisation of fire fighting equipment for fire fighting units, departments and organisations in the country;
(c) prepare a national fire safety programme and provide a common fire fighting strategy;
(d) ensure that fire fighting and fire protection equipment imported into the country or manufactured locally conform to specifications determined by the Council; and
(e) perform such other functions as may be assigned by the Council.
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(1) A Regional Fire Service Committee shall be established in each region which shall consist of-
(a) the Regional Minister or his representative who shall be the Chairman;
(b) the Regional Fire Officer;
(c) a representative of the Regional Co-ordinating Council;
(d) a representative of the Attorney-General's Department not below the rank of State Attorney;
(e) the regional head of the Ghana Water and Sewerage Corporation or his representative;
(f) the regional head or a representative of the Electricity Company of Ghana or the Volta River Authority where there is no regional head of the Electricity Company of Ghana in the region; and
(g) a representative, of the Regional House of Chiefs.
(2) The Regional Co-ordinating Director of the region shall be the Secretary to the Regional Fire Service Committee.
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(1) There shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Services Commission a head of the Service who shall be designated the Chief Fire Officer.
(2) The Chief Fire Officer shall hold office on such terms and conditions as shall be specified in his letter of appointment.
(3) The Chief Fire Officer shall, subject to the general directions of the Council, be responsible for the efficient organisation and management of the Service and for the direction of its work.
(4) The Chief Fire Officer may delegate such of his functions as he may determine to any officer of the Service but he shall not be relieved from his ultimate responsibility for the discharge of the delegated function.
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(1) There is hereby established a Fire Safety Fund in this Act referred to as "the Fund".
(2) The Fund shall be used to finance fire safety programmes in the country.
(3) The monies for the Fund shall consist of the following -
(a) such monies as Parliament may direct;
(b) gifts; and
(c) any other monies that may become available to the Service for the fund.
(4) The Fund shall be managed by the Council.
(5) Withdrawals from the Fund shall be subject to the approval of the Minister.
(6) The provisions in sections 23 and 24 on the internal auditor, accounts and audit shall apply to the Fund.
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(1) The Chief Fire Officer or an officer authorised by him may-
(a) break and enter into premises with or without the consent of the owner or occupier-
(i) where a fire has or is believed to have broken out; or
(ii) where it is necessary to enter premises to gain access to extinguish or deal with fire; or to save life and property; and
(b) do anything reasonably necessary on any premises to extinguish or deal with a fire.
(2) A member of the Service may for the purpose of dealing with or extinguishing fire, enter any building, marine premises or an aerodrome facility without the consent of the owner or occupier to-
(a) use water or any other facility under the control of a person;
(b) improve access to water or any other facility; or
(c) maintain a hydrant or carry out any other work in connection with the use of a hydrant.
(3) The Chief Fire Officer or an officer authorised by him shall give notice where practicable of his intention to exercise any of his powers under this section.
(4) A member of the Service may arrest a person who starts a fire where the fire causes or is likely to cause damage to property or endanger life.
(5) The owner of any property deployed to fight a fire is entitled to reasonable compensation from the Service for the use of his equipment or medium and for damage caused by that use.
(6) The Chief Fire Officer or an officer authorised by him may at any reasonable time enter and inspect premises to ensure that the provisions of this Act and any regulations made under it are complied with.
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(1) The assets, rights and properties vested in or held by the Service or any person on behalf of the National Fire Service under the Fire Service Act, 1963 (Act 219) are hereby vested in the Service established under this Act.
(2) The obligations and liabilities subsisting at the commencement of this Act in respect of the National Fire Service under the Fire Service Act, 1963 (Act 219) shall subsist in respect of the Service established under this Act.
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Notwithstanding anything contained in this Act or in regulations made under it -
(a) the Criminal Code, 1960 (Act 29) or any other enactment which relates to property damage or offences against the person or property; and
(b) the functions of members of the Police Service or District Assemblies in relation to fire shall not be affected by the provisions of this Act.
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(1) The following enactments are hereby repealed -
(a) the Fire Service Act, 1963 (Act 219); and
(b) sections 31, 32 and 33 of the Factories, Offices and Shops Act, 1970 (Act 328) which relate to fire safety in a factory, office or shop except that this repeal shall become operative on a date to be specified by legislative instrument under the hand of the Minister.
(2) Notwithstanding the repeal in paragraph (a) of this section -
(a) any regulation, bye-law or other instrument made under that enactment and in force immediately before the commencement of this Act shall continue in force until amended or revoked under this Act; and
(b) any appointments made under that enactment and in force immediately before the commencement of this Act are hereby saved and shall remain valid as if made under this Act until terminated or otherwise dealt with under this Act.
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