To be the most focused facilitator of equitable and sustainable development and provider of local quality services in the country.
GAZETTE NOTICE NO ---------
MUNICIPAL COUNCIL OF MAVKOK
THE LOCAL GOVERNMENT ACT
(CAP. 265)
IN EXERCISE of the powers conferred by Section 160 (k) and 201 of the Local Government Act, the Municipal Council of Mavoko makes the following by-laws:-
PREVENTION AND EXTINCTION OF FIRE
AND FIRE BRIGADE) BY-LAWS 2009
Citation 1. These By-laws may be cited as the Municipal Council of Mavoko
Prevention and Extinction of Fire Brigade Bylaws 2009.
Interpretation 2. In these By-laws, except where the context otherwise requires, the following expressions have the meanings hereby respectively
assigned to them, that is to say:-
“Council” means the Municipal Council of Mavoko.
“Appointed day” means such day as the Council may by order appoint.
“Chief Fire Officer” means the person appointed by the Council as Chief Fire Officer of the Council and includes his deputy.
“Fire Brigade” means the person appointed by the Council as Chief Fire Officer, officials and Firemen.
“Equipment” includes fire engine vehicle, appliances and other apparatus, uniforms and badges of rank:
“Fire fighting Purposes” means the purpose of the extinction of fires and included the protection of life and property;
“Street” includes any highway, and border, any bridge and any road, lane footway, squire, court alley, or a passage whether a thorough fare or not;
“Water way” includes channel, harbour, cannels, ports and any part of water (river, dam);
“Building” means any structure movable or fixed whatever kind or any part thereof and includes drainage work or excavation.
“Building Regulations” means regulations under the Local Government adopted By-laws (Building) order 1968 or any other order made by the Minister.
“The Court” means the Magistrate Court;
“Designated use” has the meaning assigned to it by Section 3(a) of these By-laws;
“Fire Certificate” has the meaning assigned to it by Section 3 (1) of these By-laws;
“Fire Prevention Officer” means a fire Officer appointed by Council to enforce these By-laws;
“Furniture” includes furnishing (including wall and ceiling coverings);
“Notice” means a notice in writing;
“The notified person” and the specified persons” have the meanings assigned to them by Sections 6(7) (b);
“Owner” means the person for the time being entitled to receive or who would if the same were let, be entitled to receive, the rent of the premises in connection with which the work is used and includes a trustee, factor, tutor or worker and in the case of public or Municipal property, applies to person to whom the management thereof is entrusted;
“Premises” means the building or part of a building;
“Licensee” means a person granted a license under the provisions of these By-laws;
“Town Clerk” means the person for time being holding the office of the Council and includes his deputy.
“Fire authority” – the Municipal Council of Mavoko within its area of jurisdiction, under the provision of Local Government act Cap. 265 Section 160k shall be the fire authority.
Premises and use 3. 1)A certificate issued under this By-law by Fire of
premises for which Authority referred to as a Fire Certificate, shall be
Fire certificate is subject to any exemption conferred by or under
compulsory these By-laws be required irrespective of any
designate use premises which are put to use for the time being
premises. designated under this Section of these By-laws referred to as a “Designated use”.
2) For the purpose of this sub-section the Council may by Designate particular uses of premises, but unless it falls within at least on of the following classes of use that is to say:
a) use as, or for any purpose involving the provision of sleeping accommodation;
b) use as or as part of an institution providing treatment or are;
c) use for purposes of entertainment, recreation or instruction or any club, society or association.
d) Use for purposes of teaching, training or research
e) Use for any purpose involving access to the premises by members of the public, whether on payment or not.
f) Use for the purpose of employment as a place of work such as factories, workshops, offices and shops.
g) Place other that building, that is moored and beached crafts and booths, circus big tops and similar movable structures, if used for purposes within the By-laws.
3). An order under this section may provide that a fire
Certificate shall not by virtue of this section be required for premises of any description specified in the order not with-standing that they are or form part of premises which are put to a designated use.
4). For the purpose of any provision made in an order under
this section by virtue of sub-section 3 above to the purposes for which premises are used or the frequency of their use for any purpose or by reference to any other circumstances whatsoever and different provisions may be made in pursuance of that sub-section in relation to different designated uses.
5) An order in this section may include such supplementary and incidental provisions as appears to the Authority to be necessary or expedient for the purposes of the order.
6) An order under this section may be varied or revoked by a subsequent order there under.
7) The power to make orders under this section shall be exercised by legal notice.
8). Without prejudice to any exception conferred by or under this By-law where premises consisting of a part of building which is occupied together with those premises in connection with that use, both of them shall for the purpose of this be treated as forming part of the premises put to that use.
4. The fire authority shall have the power to inspect all designated premises covered by these By-laws to inspect fire safety and the provision of fire fighting equipment for the purposes of issuing a fire certificate.
Premises 5.No fire certificate shall by virtue of section 3 of these
Exempt from laws be required in respect of premises of any of the
Certificate following description.:-
a) Any premises consisting of or comprised in a house which is occupied as a single dwelling unit.
b) Any premises appropriated to and used solely or mainly for public religious worship, (church halls used for a variety of purposes are unlikely to be exempt). It should also be noted that the Council may make regulations specifying fire precautions for places of worship.
c) Prisons and similar penal institutions.
d) Premises occupied solely for the purposes of armed forces of the republic, visiting forces, international headquarters and defence organisations.
Power of fire 6. 1) This section applies to any premises not for the
authority to make time or are to be used as a dwelling if:
Certificate
Compulsory for a) Explosives or highly flammable materials or any
use of certain prescribed kind have been or are being or are to be
premises as a kept anywhere under, in, or on the building which
dwelling consists or comprises the premises in a quantity greater than the quantity prescribed for the purposes of this paragraphs as the maximum in
relation to material of that kind.
1. If in the case of any premises it appears to the fire authority that they are the premises to which this section applies, the authority may serve a notice under this section relating to those premises on either:-
.
a) The occupier of the premises or
b) The owner of the premises or
c) A person (whether the occupier or owner of the premises or not) having the overall management of the building constituting or comprising the premises.
3) A notice under this section shall be in the prescribed from and shall:-
a) specify the premises to which it relates and
b) give particulars of the facts by reason of which it appears to the fire authority that section applies to the premises and;
c) specify one of the positions mentioned in sub-section (3) above and state that the person on whom the notice is served is being served with it as the occupier or that position and;
d) indicate that on the coming into force of the notice a fire certificate will in the circumstances mentioned in sub-section (6) below be required in respect of the premises to which the notice relates and ;
e) state the right of appeal against the notice conferred by section 5 of these By-laws and the time within which such an appeal may be brought.
4) Before a fire authority serves notice under this section
relating to any premises they shall confirm if such premises are situated in their area of jurisdiction.
5) A fire certificate shall be required in respect of any premises
which, while this section applies to them and there is in force a notice under this section relating to them, are used as a dwelling.
6) Where in the case of any premises, there is in force a
notice under this section relating to them and it appears to the fire authority that the notified person has ceased to occupy the specified position, they may serve a fresh notice under this section in respect of the premises; and on the coming into force of a notice relating to the premises shall cease to have effect.
7) In these by-laws:-
a) “The notified person” in relation to any premises in respect of which a notice under this section is in force means the person on whom that notice was served, and;
Right of appeal 7. 1) Where a notice under section 6 of these By-laws is
against and coming served in respect of any premises, the person on whom it is
force of notices served may within twenty one days from the date of the service
under section 6. of notice appeal to the Council on either or both on the following grounds;
a) That the premises to which the notice was served are not premises to which section 6 applies or;
b) That he does not occupy the specified position.
2) On an appeal under this section the Council if
satisfied as to either of the grounds mentioned in sub-section (1) above shall by order cancel the notice but shall otherwise by order confirm it..
3) A notice served under section 6 of these by-laws
shall come into force only if it does so by virtue of sub-section (4) below.
4) a notice served under section 6 of these by-laws shall
unless previously withdrawn by the Council, come into force provided:-
a) where no appeal under this section is bought against it within the time mentioned in sub –section (1) above, at the end of twenty one (21) days from the expiration of that time;
b) where such an appeal so brought is not withdrawn or dismissed as aforesaid and is finally determined by the confirmation of the notice at the end of 21 days from the date of the final determination of the appeal..
Fire certifi- 8. 1) An application for fire certificate with respect to any
cate application premises must be made to the Council in prescribed form
for an issue of and;
fire certificate
a) must specify the particular use or uses of the premises which it is desired to have covered by the certificate, and;
b) must give such information as may be prescribed about the premises and any prescribed matter connected with them, and;
c) if the premises consists of part of a building must, in so far as it is available to the applicant give such information as may be prescribed matter connected with it.
2) On receipt of any application for a fire certificate with respect to any premises, the Council may require the applicant within such a time as they may specify:-
a) to furnish them with such plans of the premises as they may specify, and;
b) if the premises consists of part of a building must, in so far as it is available to the applicant give such information as may be prescribed about the rest of the building and any prescribed matter connected with it.
3) On receipt of an application for a fire certificate with respect
to any premises, the Council may require the applicant within such a time as they may specify:-
a) to furnish them with such plans of the premises as they may specify, and;
b) if the premises consist of part of a building to furnish them, in so far as it is possible for the applicant to do so, with such plans of such other part or parts of the building as they may specify, and if the applicant fails to furnish the required plans within that time or such further time as the Council may allow. The applicant shall be deemed to have been withdrawn at the end of that time or further time as the case may be..
4) Where an application for a fire certificate with respect to any
premises has been duly made and all such plans as are required to be furnished under sub-section (2) above in connection with it have been duly furnished, it shall be the duty of the fire authority to cause to be carried out an inspection of the relevant building (including any part of it which consists of premises to which any exemption conferred by or under these By-laws applies) and if the fire authority are satisfied as regards any use of the premises which is specified in the application that:-
a) the means of escape in case of fire with which the premises are provide, and;
b) the means (other than means of fighting fire) with which relevant building is provided for securing that the means of escape with which the premises are provided can be safely and effectively used at all material times, and;
c) the means with which the relevant building is provided for giving to persons in the premises warning in case of fire are such as may reasonably be required in the circumstances of the case in connection with that use of the premises, the authority shall issue a certificate covering that use.
5) Where the fire authority after causing to be carried out under
sub-section (3) above an inspection of the relevant building are as regards any use, they shall by the notice served on the applicant so as:-
a) to inform the applicant of that fact and of the steps which would have to be taken (whether by way of making alterations to any part of the relevant building or of otherwise providing that the building or as the case may be the premises with any of these means) to satisfy the fire authority as aforesaid as regards that use, and;
b) notify the applicant that they will not issue a fire certificate covering that use unless those steps are taken (whether by the applicant or otherwise) within a specified time as may be allowed by the fire authority of by any order made by a court on or in proceedings arising our of an appeal under section (12) of these By-laws against the notice, a certificate covering that use has not been issued, it shall be deemed to have been refused.
Contents of 9. 1) Every fire certificate issued with respect to any premises
a fire shall specify:-
Certificate
a) the particular use or uses of the premises with which the certificate covers, and;
b) the means of escape in case of fire with which the premises are provided, and;
c) the means (other than the means for fighting fire) with which the relevant building is provided for securing that the means of escape with which the premises are provided can be safely and effectively used at all material times; and
d) the type, number and location of the means for fire fighting fire (whether in the premises or affecting the means of escape) with which the relevant building provided for use in case of fire by persons in the building, and;
e) the type, number and location of the means with which the building is provided for giving to persons in the premises warning in case of fire and, may where required, do so by means of or by reference to plan..
2) A fire certificate issued with respect to any premises may
impose such requirements as the fire authority considers appropriate in circumstances.
a) for ensuring that the means of escape in case of fire with which the premises are provided are property maintained and kept free from obstruction;
b) for ensuring that the means which the relevant building is provided as mentioned in section 9 (1) (c) up to (1) (e) herein above are properly maintained.
c) For ensuring that the persons employed to work in the premises receive appropriate instruction or training in what to do in case of fire and that records are kept on instructions given for that purpose;
d) for limiting the number or persons who may be in the premises at any one time and;
e) as to other precaution to the risk in case of fire to persons in the premises, by the provision of emergency procedure.
3) Any requirements imposed by virtue of sub-section (2) herein
above by a fire certificate issued with respect to any premises;
a) may so far as they apply to the premises be framed either so as to apply to the whole if the premises or so as to apply to one or more parts of them, and;
b) where the premises do not constitute the whole of the relevant building, may (where appropriate) be framed either so as to apply to one or more parts of the rest of it and different requirements may in either case be imposed in relation to different parts, and a fire certificate covering more than one use of the premises to which it relates may by virtue of sub-section (2) above impose different uses of the premises or of any part of the premises.
4) For the purpose of these By-laws a fire certificate issued with
respect to any premises shall be treated as required every matter specified in the certificate in accordance with sub-section (1) (B) (d) and (c) above to be kept in accordance with its specifications in the certificate; and reference in this by-laws to requirements imposed by a fire certificate shall be construed accordingly.
5) A fire certificate issued with respect to any premises other
than premises in relation to which notice under section 6 of these By-laws in force shall be sent to the occupier of the premises and shall be kept in the premises so long as it is in force.
6) A fire certificate issued with respect to any premises in relation to which a notice under Section 6 of these By-laws is in force shall be sent to the notified person and, if that person is not the occupier of the premises a copy of the certificate shall be sent to the premises and so long as the certificate is in force and:-
a) the certificate shall be kept in relevant building and ;
b) when a copy of the certificate is by this sub-section required to be sent to the occupier of the premises, the copy shall be kept in the premises.
7) A fire certificate shall be applied for and obtained for cover of designated use of any premises (on annual basis);
a) the fire certificate with respect to any premises in compliance with section 9 of these By-laws may be issued on payment of a fees as specified in schedule 1 of these By-laws.
Offences in 10. 1) Subject to sub-section (3) of these By-laws, if any
relation to premises are at any time put to a designated use, being
foregoing premises such that, where they are put to that use, a fire
provisions certificate is by virtue of section 2 of these By-laws required in respect of them, then if no fire certificate covering that use is at that time in force in respect of the premises, the occupier of the premises shall be guilty of any offence.
2) Subject to sub-section (3) of these By-laws, if any premises
are used as a dwelling at any time while section 5 of these By-laws applies to them and a notice under that section relating to them is in force, then if no fire certificate covering that use is at that time in force in respect of the premises the notified person shall, unless he proves that at that time he no longer occupies the specified position, be guilty of an offence.
3) A person shall not be guilty of an offence under sub-section
(1) or (2) above by reason of any premises being put to a designated use or used as a dwelling at a time after an application for a fire certificate with respect to them covering that use has been duly made and before certificates is granted or refused.
4) Subject 11 (4) and (5) of these By-laws if, while a fire
certificate is in force in respect of any premises, any requirement imposed thereby is contravened by reason of anything done or not done to or in relation to any part of relevant building, every person who under or by virtue of section 8 (5) of these By-laws is responsible for that contravention shall be guilty of an offence.
5) Provided that that a person shall not be convicted on an
offence under the sub-section unless it is provided that the responsibility for contraventions of the requirement in question has been made known to him before the occurrence or the contravention in respect of which he is charged unless he fails to take connective measures within the specified time.
6) In the event of contravention of sub-section 5 of section 9 of
these By-laws in the case of a fire certificate required by sub-section 6 (a) and (b) of the same section to be kept in any premises, the occupier of the premises, shall be guilty of an offence.
Change of 11. 1) If while a fire certificate is in force with respect to any
conditions premises or:-
Affecting
Adequacy of a) it is proposed to make material extension or
certain maters material structural alterations to the premises or;
Specified in a
Fire certificate b) it is proposed to make a material alteration internal
arrangements of the premises or equipment with which
the premises are provided or;
c) the occupier of the premises proposes to begin to keep explosive of highly flammable materials of any prescribed kind anywhere under, in or on the relevant building. The occupier shall before the carrying out of the proposals began, give notice to the fire authority; and if the carrying out of the proposals is began without such notice having been given, the occupier shall be guilty of an offence.
2) If while a fire certificate is in force with respect to any
premises not constituting the whole of the relevant building the occupier proposes to begin to keep explosives of any kind anywhere, under, in or on that building, that person shall before the carrying out of the +proposals give notice at least twenty one days of the proposal to the fire authority and if the carrying out of the proposal is begun without such notice having been given, that person shall be guilty of an offence.
3) If the fire authority is satisfied, as regards to any premises
with respect to which a notice under sub-section (2) above has been given to them, that the carrying out of the proposals notified would result in any of the matters mentioned in section 9 (1) (b) to (e) of these By-laws becoming inadequate in relation to any use of the premises covered by the relevant fire certificate, they may by notice serve to the occupier within two months from the receipt of the notice under sub-section (2).
a) inform the occupier of the steps which would have to be taken in relation to the relevant building (whether by way of making alterations to any part of relevant building or otherwise) to prevent the matters in question from becoming in their opinion inadequate in relation to that use in the event of the proposals being carried out and;
b) give him such a direction as the fire authority consider appropriate for security, as regards any of the proposals which may be specified in the directions, that the proposals, or any stage of it, which may be specified in relation to that proposal or stage have been taken (whether by him or otherwise) and if these steps are duly taken in connection with the carrying out of the proposals, the fire authority shall amend the certificate or issue a new one.
4) If any person contravenes a directive given to him in
pursuance of sub-section (3) (b) above, shall be guilty of an offence, and the fire authority may cancel the fire certificate issued with respect to any premises if they are so satisfied that there has been such a contravention as aforesaid by the occupier, whether or not proceedings are brought in respect of the contravention.
5) A person who contravenes section (2) (3) or (4) above shall be guilty of an offence.
Storage of 12. 1) No person shall store or cause or permit to be stored any
combustible materials or combustible nature in such a quantity or in
materials such a situation or in such a manner as to cause danger off fire to any building. The Council may by notice require any person storing or causing or permitting to be stored any such materials to remove such material or to take within a period to be fixed in such a notice such reasonable precautions against fire as it may deem necessary.
2) No person shall use or permit to be used any building or other
premises or place for storage of any inflammable, explosive of poisonous substances, gases or fluids or any celluloid unless he shall be in possession of a current licence in respect of such premises issued by the Town clerk or other relevant authority in the specified form or otherwise than in accordance with the terms and conditions, if any, of his licence provided that:
3)
a) an application for a licence in respect of any premises intended to be used for any inflammable, explosive, or poisonous substance, gases, or fluids or celluloid shall be made to the Town Clerk in the form specified in the first schedule to these By-laws and shall be accompanied by a plan drawn to scale, showing the situation and dimension of the premises and such further information as the Council may require;
b) no licence4 shall be granted under the provision of sub-section (3) (a) above of these By-laws in respect of any premises which are not properly and affectively lighted and ventilated in all parts to the satisfaction of the fire authority.
Licence to be 13. 1) A fee shall be paid to the Council for every licence issued
paid for under these By-laws. All licences shall expire on the 31st day of December next following the date of issue.
2)
a) A licence shall not be transferable from the holder thereof to any other person without the permission of the Council and for every such transfer, a fee as prescribed in the schedule shall be paid.
b) No such licence in respect of sub-section (5) (a) herein above of this By-law shall in any case be transferred from the premises in respect of which it is granted to any other premises.
3)
a) Calcium Carbide shall not be stored or kept except in a strong hermetically scaled metal containers placed in a position not exposed to moisture.
b) No quantity of calcium carbide in excess of 13 kilograms shall be stored or kept except in isolated and well ventilated building set apart for the purpose in which no artificial light or heat is used and in which no material of a combustible nature is kept or stored.
4) Inflammables, explosives, or poisonous substances, gases, or
fluids, or celluloid shall be stored or kept only in such quantity and in such situation as the Council may require.
5) No quantity of celluloid shall be stored or kept in any premises
used in whole or in part for the purpose of human habitation or in any premises, used for any other purpose unless the store is separated from other parts of the premises by fire resisting partitions, floors, and ceilings constructed to the satisfaction to the Council.
6) No quantity of inflammable cinema-to-graphic film shall be
stored or kept in any premises used in whole or part for the purpose of human habitation or in any premises in which any other combustible material is stored or kept or which is used for any other purposes unless the store is separated from other parts of the premises by fire resisting partitions, floors and ceilings constructed to the satisfaction of the Council provided with an outlet gas vent to the open air so placed as to constitute a fire or explosion risk to any other building. All such films shall be stored in closed metal boxes and shelving shall be of non-combustible material.
7)
a) No person shall make or cause or permit to be made any fire in the open air in such a manner as to endanger the safety of any building.
b) No person shall throw or discharge or cause or permit to be thrown or discharged any fire works in any street or public assembly without prior permission in writing from the Town Clerk.
Power of the
Council to
make 14. 1) In the case of any particular use of premises which the council has
regulations power to designate under Section 3 of these By-laws the Council may by
about regulations make provisions which, as regards premises put to that use, or
fire make provisions which, as regards premises put to any specified class or
precautions or such premises, are to be taken or observed in relation to the risk to persons in case of fire.
2) The Council may by regulations make provisions as to precautions which are to be taken or observed in relation to the persons in case of fire as regards premises, which, section 6 of these By-laws apply to them and a notice under that section is in force in relation to them are used as a dwelling or any specified class of such premises.
3) Without prejudice to the generality of powers conferred on the Council
by sub-section (1) and (2) above, regulations made by the Council under this section may in particular, as regards any premises to which they apply impose requirements:-
a) as to the provision, maintenance and keeping free from obstructions and means of escape in case of fire.
b) As to provision and maintenance of means of escape that can be safely and effectively used as all material times.
c) As to the provision and maintenance of means for fighting fires and means of giving warning in case of fire.
d) As to the internal construction of the premises and the material used in that construction.
e) For prohibiting altogether the presence of use in the premises of furniture or equipment of any specified description or prohibiting its presence of use unless specified standards or conditions are complied with.
f) For ensuring that persons employed to work in the premises receive appropriate instructions or training in what to do in case of fire.
g) For ensuring that in specified circumstances specified numbers of attendants are stationed in specified parts of the premises.
h) As to the keeping of records of instructions or training given or other things done, in pursuance of the regulations.
4) Regulations under this section:-
a) may impose requirements on persons other that occupiers of the premises to which they apply and;
b) may, as regards any or their provisions, make provisions as to the person or persons who are to be responsible for any contravention thereof, and;
c) may provide that if any specified provision of the regulations is contravened, the person or each of the persons who are under the regulations is or are responsible for the contravention, shall be guilty of an offence under this section.
5) It shall be the duty of the Council before making any regulations
under the section, to consult with such persons or bodies of persons as appear to the Council requisite.
Responsibility of .
owners of 15. 1) The owner of any premises may be required by the
premises Chief fire Officer to provide on such premises any
on fire fire extinguisher or other appliances for aggrieved by the
precautions extinguishing fire provided that any person who is the decision of the Chief Fire Officer requiring him to provide on any premises
any extinguisher or other appliances for extinguishing fire may appeal to the Council within 14 days of such decision of the Chief Fire Officer.
2) The owner of any premises who has been required by
the Chief fire Officer to provide on such premises any fire extinguisher of other appliances shall maintain such extinguisher of other appliances shall maintain such extinguisher or appliance in an efficient working order.
3) Every such owner shall ensure that all portable fire
extinguisher relying on internal pressure for their operation, shall have their initial date of commission indelibly marked on the body of the extinguisher.
4) Every such owner shall ensure that the body of the
extinguisher is subjected to a hydraulic pressure test to the prescribed pressure for the type of such extinguisher three years, after the initial commissioning and every year thereafter and the data of such tests shall be indelibly marked on the body of the extinguisher.
5) Every such owner shall ensure, if the premises, has fixed fighting installations, such as sprinklers, alarms and detectors; that such installations are tested on a monthly basis to confirm their dedication and efficiency and a certificate of service-ability produced.
Licensing to
install service 16. 1) No person shall install, service or repair any fire fighting
repair of fire equipment or portable fire extinguisher installed in any or
fighting premises or area wherein such equipment is required
equipment under section 14 of these By-laws unless he is in
possession of a current licence issued under these By-laws to carry out such installation, service or repair as specified in the licence, nor otherwise than in accordance with the terms and conditions, if any, of his licence.
2) A licence to install, service or repair any fire fighting
equipment or portable fire extinguisher may be granted to a person who satisfies the Chief Fire Officer that he possesses satisfactory mechanical knowledge to service, repair or install fire fighting equipment or portable fire extinguishers and use of the fire fighting equipment or portable fire extinguishers specified in the application.
3) An application for a licence to install, service or
repair any fire fighting equipment or portable fire extinguisher shall be made in the form specified in the fourth schedule of these By-laws.
4). The Town Clerk may subject to the provisions of sub-
section (2) above of these by-laws issue a licence which shall be in the form specified in the fourth schedule of these by-laws.
17. A licence carrying out any installation, examination, service or repair
of any fire fighting equipment or portable fire extinguisher shall affix or cause to be affixed a label thereto on which shall be written in indelible writing the following particulars:-
a) The name of the licence carrying out such service, repair, examination or installation.
b) The number of his licence
c) The date of such installation, service or repair and
d) The condition of equipment or any portable fire extinguisher.
1)
a) If any defect is found in any fire fighting equipment or portable fire extinguisher, the licensee shall forthwith advise the occupier of the premises thereof in writing and shall cause a copy of such report to be delivered to the Chief Fire Officer.
b) A licensee shall not remove any fire fighting equipment or portable fire extinguisher from any premises unless that apparatus has been replaced temporarily by similar serviceable equipment or portable apparatus.
c) A licence shall not close down any fixed fire fighting installation for any purpose whatsoever on any premises without first obtaining authority therefore in writing from the Chief fire Officer.
2) No person shall install in any premises or area any second hand fire
equipment or portable fire extinguisher unless a certificate of efficiency has been issued by a licensee in respect of such fire officer.
3) No person shall issue a certificate of efficiency in respect of any fire
fighting equipment or portable fire extinguisher unless he is in possession of a current licence granted to him under these By-laws.
4) All portable fire extinguishers installed in any premises shall be
serviced on a quarterly basis and a certificate of service-ability obtained.
18 The council may erect on any premises or may affix or cause to be
affixed to any building, wall, post, fence or other structure or on ay tree, any fire alarm, telephone, telegraph or other appliances for the transmission of calls of fire to any fire station and any board or metal place indicating thereon the position of any fire hydrant and may at any time, repair, remove or alter or cause to be repaired, removed or altered any such appliance or board or metal plate.
1) No unauthorised person shall tamper with, damage, destroy or remove
any such appliance, boards or metal plate, or any notice or any kind
thereon or the witness or other apparatus of any fire alarm apparatus.
19. On the occasion of an outbreak of fire the Chief Officer or his
Deputy shall attend with such other members of the fire brigade together with such appliances as he may deem necessary, he may in his discretion reject or avail himself and take command of any persons who may voluntarily place their services at his disposal.
1) The Fire Brigade whilst proceeding to a fire on any fire fighting
machine, vehicle or appliances shall have an overriding right of way over all classes of traffic in any street or public place.
2) Drivers of all vehicles, shall in relation to sub-section (1) above afford
immediately passage to such fire fighting machine vehicle or appliances by drawing into the side of the street and remaining stationery until such fire fighting machine or appliances have passed.
3. The use of sirens or bells on any motor vehicle other than a fire
fighting machine or appliance, ambulance or police is prohibited.
4. Any person causing an obstruction to a fire Brigade Vehicle,
ambulance, a police vehicle proceeding to an emergency commits an offence.
20.The Chief fire Officer or his Deputy, or in their absence, any police
officer of or above the rank of inspector may take any measures that may appear expedient for the prevention of extinction of fire or the prevention of the spread of fire or the protection of life or property, and in particular he may, if it should be necessary for such purpose break into or pull down any premises being or appearing to be on fire, or in danger of becoming on fire, and may do all such acts or things as may be deemed necessary for extinguishing or preventing fire in any such premises or for protecting them or rescuing person or property therein from fire.
1) Any street or public place in or near which a fire has broken out may
be temporarily closed and any officer of the fire Brigade or any Police Officer may order any person who ma by his presence or otherwise interfere with the operation of the fire brigade or police to remove himself from such street or other public place.
2) Save as provided under sub-section (1) above of these By-laws no
person shall at any fire, break in to or enter any premises for the purpose of salvaging property without the authority of the Chief fire Officer or his Deputy or f a Police Officer of or above the rank of Inspector.
3) Where the fire brigade is in attendance at any premises which are on fire, any person who breaks into or enters the premises without the express permission of a Senior fire Officer present except for the purposes of saving a life of any other person shall be guilty of an offence.
A fire certificate shall be required in respect of any premises which while this section applies to them and there is in force a notice under this section relating to them, are used as dwelling.
Where in the case of any premises, there is in force a notice under this section relating to them and it appears to the fire authority that the notified person has ceased to occupy the specified position they may serve a fresh notice in under this section in respect of the premises and on the coming into force of a notice relating to the premises shall cease to have effect.
21. No person shall interfere with, drive over or in any way damage the
hose of any fire fighting appliance in use by the fire brigade whilst engaged in preventing or extinguishing a fire or at a fire training drill.
1) No person shall interfere with, molest, or obstruct any member of the
fire brigade in the execution of hid duties or with any person acting under the command of the Chief fire Officer or his Deputy.
22. No person shall knowingly give or cause to be given a false alarm of
fire to the Fire Brigade either by means of a fire alarm or by telephone or by word of mouth or by other means.
1) Any person contravening or failing to comply with the provision of
any this by-laws or of any notice issued there under shall be guilty of an offence.
23.
1) It shall be the duty of every fire authority to enforce within
their area of jurisdiction the provisions of these By-laws and regulations made, and for the purpose appoint fire prevention officer(s)
2) Subject to the provisions of this section any of the following
persons (in this section referred to as Fire Prevention Officers) namely Fire Officer appointed under Sub-section (1) of these by-laws and a fire prevention officer may do anything necessary for the purpose of carrying out these by-laws and regulations there under into effect and, in particular shall so far as may be necessary, for that purpose, have power to do at any reasonable time any of the following things namely.
a) to enter any such premises as are mentioned in sub-section (2) below, and to inspect the whole or any part thereof and anything therein.
b) To make such inquiry as may be necessary for any of the purpose mentioned in sub-section (3) below.
c) To require the production of, and to inspect, any fir certificate in force with respect to any premises or any copy of any such certificate.
d) To require any person having responsibilities in relation to any such premises as are referred to in paragraph (1) above (whether or not the owner or occupier of the premises or a person employed to work therein) to give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the fire prevention officer to exercise any of the powers conferred on him by this sub-section.
3) The premises referred to in sub-section (1) (a) above are the
following namely:-
a) Any premises requiring a fire Certificate or on which any regulations made under section 13 of these By-laws apply.
b) Any premises such as are mentioned in section 3 (2) of these By-laws;
c) Any premises to which section 6 of these By-laws apply.
d) Any premises not falling within any of the foregoing paragraphs which form part of a building comprising any premises.
e) Any premises which the fire prevention officer has reasonable cause to believe to be premises falling within any of the foregoing paragraphs.
4) The purposes referred to in sub-section (1) (b) above are the
following namely:-
a) To ascertain, as regards any premises, whether they fall within paragraphs (a) to (d), of sub-section (2) above.
b) To identify the above or occupier of any premises falling within any of those paragraphs.
c) To ascertain whether, in the case of any premises to which section 6 of these By-laws for the time being applies, any person has the overall management of the building constituting or comprising the premises and, if so, to identify that person.
d) To ascertain, as regards any premises falling within any of the said paragraphs (a) to (d), whether the provision of these By-laws and regulations under section 13 thereof are complied with and where a fire certificate is in force in respect of any such premises whether the requirements imposed by the certificate are complied with.
5. The fire prevention officer shall, if so requires when visiting
any premises in the exercise of powers conferred by section 22 produce to the occupier of the premises some duly authenticated document showing his authority.
6. In case of premises used as a dwelling or premises of any
other description prescribed for the purposes of this sub-section (1) above shall be exercised as of right unless twenty-four hours notice has been given to the occupier, and for the purpose of this sub-section a description of the premises may be framed in any of the ways mentioned in section 3 (4) of these by-laws, or
7. A person who:-
a) intentionally obstruct any fire prevention officer in the exercise of performance of his duties under these By-laws or;
b) without reasonable excuse fails to comply with any requirements imposed by a fire prevention officer under sub-section (1) (d) above, shall be guilty of an offence.
Restriction 24. If a person discloses (otherwise than in the performance of his on
disclosure duties or for the purposes of any legal proceedings, including an
of information arbitration, or for legal proceedings) any information obtained by
him in any premises entered by him in the exercise of powers
conferred by these By-laws, shall be guilty of an offence.
Falsification 25. Offences, penalties and legal proceedings
of document 1) if a person
false a) with indent to deceive, forges a fire certificate or makes or
statement, etc has in his possession a document so closely resembling a
fire certificate as to be calculated to deceive of;
b) for the purpose of processing the issue of a fire certificate, made any statement or gives any information which is so false, or;
c) in purported compliance with any obligation to give information to which he is subject under or by virtue of these By-laws, or in response to any inquiry made by virtue of section 22 (i) (b) of these by-laws, gives any information which he knows to be false in a material particular he shall be guilty of an offence.
2) If a person will intent to deceive pretends to be a fire prevention
officer within the meaning of section 21 of these By-laws, he shall be guilty of an offence.
3) Where an offence under these By-laws is committed by a body
corporate, is proved to have been committed with the consent or connivance of, or to be attributed to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence.
4) Where the affairs of body corporate are managed by its members, this
section shall apply in relation to the acts and defaults of a member in connection with his functions of management a if he were a director of the body corporate.
5) Where the commission by any person of an offence under these by-
laws or any regulations made is due to the act or default of some other person, that other person may be charged with and convicted whether or not proceedings are taken against the first mentioned person.
Penalties 26. Any person who is guilty of an offence under these By-laws shall be
liable to a fine not exceeding two thousand shillings or in default of payment of
such fine, to imprisonment for a term not exceeding six months or to both such fine and imprisonment for first offenders and a fine of three thousand shillings or nine moths imprisonment or both such fine and imprisonment for second or subsequent offenders.
Defence 27. In any proceedings for an offence under these By-laws or under
available to regulations made there under, it shall be a defence for the charged to provide
persons that he took all reasonable precautions and exercised all due diligence to avoid
charged with the commission of such and offence.
offences.
Appeal to 1) Where any provision of these By-laws provided for an
Magistrate’s appeal to a magistrate’s court, the procedure shall be by way of
court complaint for an order and the magistrate’s court Acts, shall apply to the proceedings.
2). For the purpose of any such provisions of these By-laws the
making of the complaint shall be deemed to be the bringing of the appeal.
Miscellaneous 28. Power to apply By-laws to vessels and movable structures.
and general
provisions
of this by-Laws 1) The Council may be regulations apply any of the
subject to such modifications as may be prescribed, to;
(a) Vessels remaining moored or on dry land for such periods or in such circumstances as may be prescribed; and
(b) Tents, and other movable structures of any prescribed descriptions.
General 29.
provisions as 1) Any power of the Council to make regulations under
to regulations these By-laws shall be subject to annulment in ursuance of a resolution of the Council.
2) Any power conferred by these by-laws to make regulations includes
powers to make different provisions in relation to different circumstances.
3) Regulations made under these By-laws may grant or Provide for the
granting of exemptions from any of the regulations either unconditionally or subject to conditions.
Service of
documents 30. 1) Any notice or other documents required or by virtue of . these By-laws to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post.
2) Any notice or other documents so required or authorised to be served on a body corporate or a firm shall duly be served if it is served pnm the secretary or clerk of the body of a partner of that firm.
3) For the purpose of this section, the proper address of any person, in the case of the secretary or clerk of a body corporate, shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.
4) If the name or address of any owner or occupier of premises on whom any such notice or other documents as aforesaid is to be served, cannot after reasonable inquiry be ascertained by the person on whom it is to be served by the description of “owner” or “occupier” of the premises(describing them) to which the notice relate, and by delivering it to some responsible person resident or appearing to be resident on the premises, or, if there is no such person to whom it can be delivered, by affixing it or copy of it to some conspicuous part of the premises.
Penalties 31. 1) Any person who fails to comply with the requirements of any
notice served under these By-laws or regulations within the time
specified in such notice shall be guilty of an offence and shall be
liable to the penalties specified in subsection,
2) Any person who is guilty of an offence under these By-laws
shall be liable to a fine not exceeding two thousand shillings or to
imprisonment for a term not exceeding six months, or both such
fine and such imprisonment.
Schedule
Charge for Fire Services
For purposes of these By-Laws the following charges are hereby classified as follows:-
ii. Fees and charges
(a) Fire protection measure per visit factory Kshs. 1,500
(b) Commercial and industrial premises Kshs. 1,500
(c) Boarding houses and public buildings Kshs. 1,500
(d) petrol stations Kshs. 1,500
(e) Premises storing dangerous inflammable materials Kshs. 2,000
(f) Annual inspection petroleum tanker Kshs. 2,000
The fees and charges are exclusive of transportation of officer to and from station.
2. Special Services Other than Fire Fighting
(a) Stand by against fire risk(per hour) Kshs. 1,000
(b) Pumping out flooding (per hour) Kshs. 1,500
(c) Binding of delivery hose compiling labour Kshs. 500
(d) Binding of delivery hose compiling material Kshs. 1,000
(e) Training of private personnel (fireman)
per day for a class of 15 people Kshs. 18,000
(f) inspection of fire extinguisher
(excluding refill per extinguishers) Kshs. 500
(g) Hire of ladder per day or part thereof Kshs. 2,000
(h) Hire of van or requested inspection Kshs. 2,000
(i) Inspection of fire extinguisher
(excluding refill per extinguisher) Kshs. 500
(j) Hire of ladder per day or part thereof Kshs. 2,000
(k) Hire of van or requested inspection Kshs. 2,000
(l) Fire fighting lecture at public institutions within
Mavoko Municipality 2 hour’s session Kshs. 9,000
(m) Sale of water with council’s water tanker for non
domestic use Kshs. 4,500
(n) Sale of water with water tanker (owner) Kshs. 3,000
(o) Hire of one hose length per day or part of thereof Kshs. 500
(p) Inspection Hydraulic test of dry and wet risers
(per inspection) Kshs. 5,000
(q) Issue of fire clearance certificate Kshs. 2,000
(r) Annual license for installation and service of fire
extinguisher Kshs. 6,000
2. Fire vehicles
(a) Turn out fee Kshs. 1,000
(b) For each proceeding hour or part there of Kshs. 1,000
(c) Kilometre covered (per kilometre) Kshs. 30
(d) Portable plump turn out fee including transport Kshs. 2,000
(e) For each proceeding hour or part there of Kshs. 500
3. Fire personnel attendance
(a) chief fire officer
First hour of attendance Kshs. 1,000
Each proceeding hour or part there of kshs. 800
(b) Assistant chief fire officer
First hour of attendance Kshs. 800
Each proceeding hour or part there of Kshs. 600
(c) Station officer and other ranks
First hour of attendance Kshs. 600
Each proceeding hour or part there of kshs. 500
Made this ………………………….. day of …………………………………… 2009
By order of Municipal Council of Mavoko
WISDOM K MWAMBURI
TOWN CLERK
Approved this ………………………day of …………………………….. 2009
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT