FIRE SERVICES AMENDMENT ACT 2007

BERMUDA 2007 : 23 FIRE SERVICES AMENDMENT ACT 2007 Date of Assent: 2 July 2007 Operative Date: 2 July 2007

WHEREAS it is expedient to amend the Fire Services Act 1982: Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows: Short title 1 This Act, which amends the Fire Services Act 1982 (the “principal Act”), may be cited as the Fire Services Amendment Act 2007. Amends long title 2 The long title to the principal Act is amended by deleting the words “Fire Services” and substituting the words “Bermuda Fire and Rescue Service”. Amends preamble 3 The preamble to the principal Act is amended by deleting the words “Fire Services Department” and substituting the words “Bermuda Fire and Rescue Service”. Amends section 1 4 Section 1 of the principal Act is amended by deleting the words “Fire Services” and substituting the words “Bermuda Fire and Rescue Service”.

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FIRE SERVICES AMENDMENT ACT 2007 Amends section 2 5 Section 2 of the principal Act is amended ─ (a) by repealing and replacing the definition “Department” with the following — ““Department” means the Bermuda Fire and Rescue Service established and continued under section 4;”; (b) in the definition “fire fighting purpose”, by inserting next after the word “premises” the words “or any place”; (c) in the definition “fire officer”, by deleting the words “or of the fire brigade maintained by the Corporation of St. George’s, as the case may be”; and (d) by repealing the definition “premises”. Repeals and replaces section 4 6 Section 4 of the principal Act and the heading before it are repealed and replaced by the following — “Bermuda Fire and Rescue Service 4 The Fire Services Department established under section 4, as it read prior to its repeal and replacement by the present section 4, is continued as a Department of Government to be known as the “Bermuda Fire and Rescue Service" consisting of a Chief Fire Officer, such senior fire officers and other fire officers as may from time to time be authorized by the Governor and such volunteer fire officers as the Minister may from time to time authorize.”. Amends section 5 7 Section 5 of the principal Act is amended by — (a) deleting the words “Fire Services” in the marginal note; (b) renumbering section 5 as subsection (1); and (c) inserting the following as subsection (2) — “(2) The Chief Fire Officer may delegate to any other fire officer any of the powers, duties and functions of the Chief Fire Officer, except the power to delegate under this subsection and the power under section 18 to make Bermuda Fire and Rescue Service General Orders.”. Repeals section 8 8 Section 8 of the principal Act is repealed.

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FIRE SERVICES AMENDMENT ACT 2007 Amends section 9 9 Section 9 of the principal Act is amended by — (a) deleting the words “Fire Services Advisory Board” and substituting the words “Bermuda Fire and Rescue Service Advisory Board”; (b) deleting the word “eight” and substituting the word “nine”; and (c) replacing paragraphs (c) and (d) with the following— “(c) four shall be appointed by the Minister acting in his or her discretion; (d) one shall be the Chief Fire Officer or his or her representative ex officio; and (e) one shall be the General Manager of the Department of Airport Operations or his or her representative ex officio.”. Repeals section 10 10 Section 10 of the principal Act is repealed. Amends section 17 11 Subsections 17(2) and (5) of the principal Act are repealed. Amends section 18 12 Section 18 of the principal Act is amended by deleting the words “Fire Services Department General Orders” in the section and in the marginal note to the section and substituting the words “Bermuda Fire and Rescue Service General Orders”. Inserts section 19A 13 The following section is inserted next after section 19 of the principal Act— “St. George’s Corporation – transfer of property 19A As of April 1, 2007, any engine, equipment, vehicle and other movable property and assets belonging to the Corporation of St. George’s and used by that Corporation in connexion with its fire services is transferred to, and vests in, the Government.”. CONSEQUENTIAL AMENDMENTS, REPEALS AND COMMENCEMENT Civil Airports Act 1949 14 Section 4 of the Civil Airports Act 1949 is amended—

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FIRE SERVICES AMENDMENT ACT 2007 (a) in subsection (4), by replacing the comma between the words “air navigation services” and the words “airport infrastructure services” with the word “and”, and by deleting the words “and crash, fire and rescue services”; (b) in subsection (9)— (i)

by deleting the long dash and the words “(a)”; by deleting the words “crash, fire and rescue services”; and by replacing the words “; and” with a full stop; and

(ii)

by deleting paragraph (b).

Municipalities Act 1923 15 (1) Section 23(1) of the Municipalities Act “Municipalities Act”) is amended by deleting paragraph (b).

1923

(the

(2) Section 38 of the Municipalities Act is amended by deleting paragraphs (d), (k) and (l). (3) The heading before section 43 of the Municipalities Act is amended by replacing the words “FIRE BRIGADES ETC.” with the words “BERMUDA FIRE AND RESCUE SERVICE”. (4) Section 43 of the Municipalities Act is amended by replacing the words “any Fire Brigade” and “Brigade” with the words “the Bermuda Fire and Rescue Service established under the Bermuda Fire and Rescue Service Act 1982” and “Bermuda Fire and Rescue Service” respectively; and, in the marginal note, by replacing the words “Fire Brigades” with the words “Bermuda Fire and Rescue Service”. (5) Section 44 of the Municipalities Act is amended by replacing the words “officers and members of any Fire Brigade employed or in the service of either Corporation under this Act” with the words “fire officer under the Bermuda Fire and Rescue Service Act 1982”; and, in the marginal note, by replacing the words “Fire Brigades” with the words “Bermuda Fire and Rescue Service”. Title of Act 16 (1) The words “Fire Services Act” are replaced by the words “Bermuda Fire and Rescue Service Act” in the following statutory provisions— (a) the Schedule to the Civil Establishment Act 1998; (b) the First Schedule to the Director of Public Prosecutions (Consequential Amendments) Act 1999); (c) Part B of the First Schedule to the Government Authorities (Fees) Act 1971; (d) article 2 of the Hamilton (Fire Prevention) Ordinance 1951;

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FIRE SERVICES AMENDMENT ACT 2007 (e) section 1 of the Hotels (Licensing and Control) Act 1969; (f) regulations 2(2) and 23(2) of Commission Regulations 2001;

the

Public

Service

(g) item 6 of the Schedule to the Public Service (Delegation of Powers) Regulations 2001; (h) sections 2(1) and 18(1) Superannuation Act 1981;

of

the

Public

Service

(i) regulation 4(2)(c)(ii) of the Reserve Police (General) Regulations 1951. Name of Department 17 (1) The words “Fire Services Department” or “fire service department” are replaced by the words “Bermuda Fire and Rescue Service” in the following statutory provisions— (a) regulation 31 of the Cable Television Service Regulations 1987; (b) the Schedule to the Civil Establishment Act 1998; (c) regulation 2 of the Day Care Centre Regulations 1999; (d) regulation 2 of the Fire Services (Rates for Special Duties) Regulations 1987; (e) articles 2 and 3 of the Hamilton (Fire Prevention) Ordinance 1951; (f) regulation 8, 14 and 18 of the Hotels (Licensing and Control) Regulations 1976; (g) section 2 of the Public Service Superannuation Act 1981; (h) sections 2, 17(1) and 34 of the Timesharing (Licensing and Control) Act 1981; (i) regulation 2(2)(c) of the Building Code Regulations 1991; (2) The words “Fire Services Department or a member of the fire brigade maintained by the Corporation of St. George's” are replaced by the words “Bermuda Fire and Rescue Service” in the following statutory provisions─ (a) regulation 10(1) of the Firearms (General) Regulations 1974; (b) sections 13(2)(a) and 23 of the Hotels (Licensing and Control) Act 1969. (3) The words “Fire Services” in section 23A(3)(a) of the Building Act 1988 are replaced by the words “Bermuda Fire and Rescue Service”.

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FIRE SERVICES AMENDMENT ACT 2007 (4) The words “Fire Services Department deputed for that purpose” in article 11 of the Hamilton (Fire Prevention) Ordinance 1951 are replaced by the words “Bermuda Fire and Rescue Service”. (5) The words “Fire Services” in section 3(2) of the Marine Board Act 1962 are replaced by the words “Bermuda Fire and Rescue Service”. (6) The words “Fire Department” in paragraph 2 of Schedule 1 to the Occupational Health and Safety (Approved Code of Practice) Notice 1997, and the words “Bermuda Fire Service” in paragraph 4 of that Schedule are replaced by the words “Bermuda Fire and Rescue Service”. (7) The words “St. George’s Fire Brigade deputed by the Corporation for that purpose” in article 7 of the St. George’s (Fire Prevention) Ordinance 1966 are replaced by the words “Bermuda Fire and Rescue Service”. (8) The words “Fire Service” and “public Fire Service” in regulations 9 and 15 of the Timesharing (Licensing and Control) Regulations 1982 respectively are replaced by the words “Bermuda Fire and Rescue Service”. Name of Advisory Board 18 The words “Fire Services Advisory Board” in Part B of the First Schedule to the Government Authorities (Fees) Act 1971 are replaced by the words “Bermuda Fire and Rescue Service Advisory Board”. Repeals 19 (1) repealed.

Article 15 of the Hamilton Building Ordinance 1954 is

(2) Article 13 of the Hamilton (Fire Prevention) Ordinance 1951 is repealed. (3) The St. George’s Fire Brigade Ordinance 1972 and the St. George’s Fire Brigade Amendment Ordinance 1993 are repealed. (4) Article 9 of the St. George’s (Fire Prevention) Ordinance 1966 is repealed.

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