GHANA
NATIONAL FIRE SERVICE ACT, 1997
(ACT 537)
ARRANGEMENT OF SECTIONS
PART I—ESTABLISHMENT OF THE GHANA
NATIONAL FIRE SERVICE
Section
1. Establishment of the Ghana
National Fire Service
2. Membership of the Service and
Scope of Act
3. Object of Service
4. Functions of the Service
5. Fire Service Council
6. Functions of the Council
7. Tenure of office of members of
the Council
8. Allowances of Members
9. Meetings of the Council
10. Committees of the Council
11. Establishment of the Fire
Service Technical Advisory
Committee
12. Functions of the Technical
Committee
13. Establishment of Regional
Fire Service Committees
14. Functions of the Regional
Fire Service Committees
15. District Fire Service
Committee
16. Functions of the District
Fire Service Committee
PART II—ADMINISTRATION OF THE
SERVICE
17. Headquarters and departments
of the Service
18. Chief Fire Officer
19. Appointment of officers and
staff of the Service
20. Transfer and secondment of
staff
PART III—FINANCIAL AND
MISCELLANEOUS SERVICE
21. Funds, expenses of the
Service
22. Fire Safety Fund
23. Internal Auditor
24. Accounts and audit
25. Annual report and other
reports
26. Special Powers
27. Pension
28. Regulations
29. Transfer of assets and
liabilities
30. Interpretation
31. Effect of other enactments
32. Exemption for acts done by
officers
33. Repeal and savings
SCHEDULE
Schedule
THE FIVE HUNDRED AND
THIRTY-SEVENTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
THE GHANA NATIONAL FIRE SERVICE
ACT, 1997
AN ACT to re-establish the
National Fire Service; to provide
for the management of undesired
fires and to make provision for
related matters.
DATE OF ASSENT: 29th AUGUST, 1997
BE IT ENACTED BY PARLIAMENT as
follows –
PART I—ESTABLISHMENT OF THE GHANA
NATIONAL FIRE SERVICE
Section 1—Establishment of Ghana
National Fire Service.
There is established by this Act a
Ghana National Fire Service in
this Act referred to as “the
Service”.
Section 2—Membership of the
Service and scope of Act
(1) The Service shall consist of—
(a) personnel enlisted in the
National Fire Service in existence
immediately before the
commencement of this Act; and
(b) other persons who may be
enlisted in the Service.
(2) The Chief Fire Officer shall
assume command of any fire
fighting institution in the
country during a national
emergency or disaster.
Section 3—Objective of Service.
The objective of the Service is to
prevent and manage undesired fire.
Section 4—Functions of the
Service.
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.
Section 5—Fire Service Council.
(1) The governing body of the
Service shall be the National Fire
Service Council in this Act
referred to as "the Council".
(2) The Council shall consist of-
(a) a Chairman;
(b) the Chief Fire Officer;
(c) a representative of the
Ministry of Works and Housing not
below the rank of Director;
(d) a representative of the
Attorney-General's Department not
below the rank of Senior State
Attorney;
(e) a representative of the
Minister not below the rank of
Director;
(f) a representative of the
Minister responsible for Roads and
Transport not below the rank of
Director;
(g) a representative of the
Minister responsible for
Employment and Social Welfare not
below the rank of Director;
(h) two members of the Service,
nominated by the Chief Fire
Officer one of whom shall be of a
junior rank; and
(i)
two other persons one of whom
shall be a woman.
(3) The members of the Council
shall be appointed by the
President in consultation with the
Council of State.
(4) The Minister shall acting in
consultation with the Chief Fire
Officer designate an officer not
below the rank of Assistant Chief
Fire Officer as secretary to the
Council.
(5) The Secretary to the Council
shall arrange the business of the
Council, record and keep the
minutes of Council meetings and
perform such administrative
functions as may be determined by
the Council.
Section 6—Functions of the
Council.
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.
Section 7—Tenure of Office of the
Members of the Council.
(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.
Section 8—Allowances of Members.
Members of the Council, co-opted
members and members of the
committees of the Council shall be
paid such allowances as shall be
determined by the Minister in
consultation with the Minister for
Finance.
Section 9—Meetings of the Council.
(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.
Section 10—Committees of the
Council.
The Council may for the discharge
of its functions appoint committes
of the Council consisting of
members or non-members or both and
may assign to the committees such
of its functions as it may
determine except that a committee
such of its functions as it may
determine except that a committee
composed exclusively of
non-members may only advise the
Council.
Section 11—Establishment of the
Fire Service Technical Advisory
Committee.
(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.
Section 12—Functions of the
Technical Committee.
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.
Section 13—Establishment of
Regional Fire Service Committees.
(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.
Section 14—Functions of the
Regional Fires Service Committee.
A
Regional Fire Service Committee
shall advise the Council on any
matter relating to the functions
of the Service in its respective
region.
Section 15—District Fire Service
Committee.
(1) A District Fire Service
Committee shall be established in
each district which shall consist
of—
(a) the District Chief
Executive or his representative
who shall be the Chairman;
(b) the District Fire Officer;
(c) a representative of the Ghana
Water and Sewerage Corporation;
(d) a representative of the
Electricity Company of Ghana or
the Volta River Authority where
appropriate;
(e) a representative of the
Traditional Council; and
(f) two other persons appointed by
the District Assembly one of whom
shall be a woman.
(2) The District Co-ordinating
Director shall be the secretary to
the District Fire Service
Committee.
Section 16—Functions of a District
Fire Service Committee
(a) advise the Rgional Fire
Service Committee on any matter
relating to the functions of the
Service in its district; and
(b) determine complaints related
to the issue of fire certificates
under this Act and regulations
made under it.
PART II—ADMINISTRATION OF THE
SERVICE
Section 17—Headquarters and
Departments of the Service.
(1) The headquarters of the
Service shall be in Accra.
(2) The Service shall have the
departments specified in the
Schedule to this Act.
(3) Notwithstanding subsection (2)
of this section the Council may
create such other departments in
the Service as it considers
appropriate.
(4) The Council shall determine
the functions of the department.
Section 18—Chief Fire Officer.
(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.
Section 19—Appointment of Other
Officers and Staff of the Service.
(1) The Service shall have such
other officers and staff as may
necessary for the proper and
effective performance of its
functions.
(2) The officers and staff of the
Service shall perform such
functions as the Chief Fire
Officer may assign to them.
(3) The President shall in
accordance with the advice of the
Council given in consultation with
the Public Services Commission
appoint such officers and staff as
the Council may require for the
Service.
(4) The President may in
accordance with article 195(2) of
the Constitution delegate the
power of appointment of public
officers under this Act.
(5) The Council may engage the
services of such consultants and
advisers as it may determine upon
the recommendation of the Chief
Fire Officer.
Section 20—Transfer and Secondment
of Staff.
(1) Officers and staff may be
transferred or seconded from any
public service to the Service.
(2) The Minister shall approve the
transfer or secondment to the
Service.
PART III—FINANCIAL AND
MISCELLANEOUS PROVISIONS
Section 21—Funds, Expenses of the
Service.
Parliament shall provide the
Service with funds for its
operational and administrative
expenses and the Service may
receive monies from other sources
approved by the Minister
responsible for Finance.
Section 22—Fire Safety Fund.
(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.
Section 23—Internal Auditor.
(1) There shall be appointed for
the Service an internal auditor.
(2) The internal auditor shall
carry out an internal audit of the
Service every three months and
shall submit his report to the
Council.
Section 24—Accounts and Audit.
(1) The Council shall keep books
of account and proper records in
relation to them and the account
books and records of the Service
shall be in a form approved by the
Auditor-General.
(2) The accounts of the Service
shall be audited by the
Auditor-General within three
months after the end of each
financial year.
(3) The financial year of the
Service shall be the same as the
financial year of the government.
(4) The Chief Fire Officer shall
prepare budget estimates for each
financial year and present the
estimates to the Council for its
approval not later than two months
before the end of the financial
year to which the budget relates.
Section 25—Annual Report and Other
Reports.
(1) The Council shall as soon as
possible after the end of each
financial year but within six
months after the end of the year
submit to the Minister an annual
report covering the activities and
operations of the Service for the
year to which the report relates.
(2) The annual report submitted
under subsection (1) shall include
the report of the Auditor-General.
(3) The Council shall also submit
to the Minister such other reports
as the Minister may in writing
require.
(4) The Minister shall within two
months after the receipt of the
annual report submit the report in
respect of the Service to
Parliament with such statement as
he may consider necessary.
Section 26—Special Powers.
(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.
Section 27—Pension.
(1) At the commencement of this
Act, the provisions of the
Pensions and Social Security
(Amendment) Decree, 1975 (S.M.C.D.
8) other than the provisions which
relate to the Pensions Ordinance
(Cap. 30) shall cease to apply to
a member of the Service.
(2) A member of the Service who
before the commencement of this
Act was required by—
(a) the Pensions and Social
Security (Amendment) Decree, 1975
(S.M.C.D. 8); or
(b) the Social Security Law, 1991
(P.N.D.C.L. 247) to contribute
towards his pension or to the
Social Security Fund as a member
of that Fund, shall cease to make
that contribution.
(3) Notwithstanding subsection (2)
of this section, any amount paid
by or on behalf of a member of the
Service under the Fire Service
Act, 1963 (Act 219) as
contribution towards that member's
pension or to the Social Security
Fund before the commencement of
this Act shall be refunded to him—
(a) when he retires from the
Service having reached the
retirement age prescribed by law
in respect of the Service or;
(b) when he is dismissed or
resigns from the Service, upon
reaching the age of superannuation
as provided for in the Social
Security Law, 1991 (P.N.D.C.L.
247) subject to the Constitution.
(4) Any amount payable to a member
of the Service under subsection
(3) of this section shall be paid
to his estate if he dies before
the amount is paid to him.
(5) Subject to subsection (1) of
this section a member of the
Service shall be eligible for
pension and the Pension Ordinance
(Cap 30) shall apply to him.
(6) A period of duty in the
Service in respect of which a
member of the Service has
contributed to the Social Security
Fund under section 1 of the
Pensions and Social Security
(Amendment) Decree, 1975 (S.M.C.D.
8) shall be deemed to be
pensionable service for the
purpose of computing his pension.
Section 28—Regulations.
(1) The Minister on the advice of
the Council and in consultation
with the Minister responsible for
Works and Housing may by
legislative instrument make
regulations—
(a) requiring premises to have
fire fighting facilities; and
(b) on fire protection facilities
to be provided by occupiers of
premises.
(2) The Minister on the advice of
the Council may by legislative
instrument make regulations—
(a) on the issue of fire
certificates;
(b) on the code of discipline for
members of the Service;
(c) on any matter that falls
within the scope of the functions
of the Service; and
(d) generally for carrying into
effect the provisions of this Act.
Section 29—Transfer of Assets and
Liabilities.
(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.
Section 30—Interpretation.
In this Act unless the context
otherwise requires -
"Chairman" means the Chairman of
the Council;
"Council" means the National Fire
Service Council:
"district" means the area of
authority of a District Assembly
and includes a municipality and
metropolis;
"District Assembly" includes
Municipal and Metropolitan
Assembly;
"fire" means a fire which is
undesired or accidental;
"Fund" means the Fire Safety Fund;
"Minister" means the Minister
responsible for the Interior;
"Service" means the National Fire
Service established in accordance
with this Act;
"Technical Committee" means the
Technical Advisory Committee
established under section 11 of
this Act.
Section 31—Effect of Other
Enactments.
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.
Section 32—Exemption for Acts Done
by Officers.
Subject to the Constitution no
officer of the Service shall be
found liable for an act done by
him in the execution or intended
execution of his duty under this
Act.
Section 33—Repeal and Savings.
(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.
SCHEDULE
(Section 17 (2))
Departments:
1. Administration
2. Operations
3. Training
4. Logistics
Date of Gazette Notification: 5th
September, 1997. |