Bermuda Fire Safety Act 2014

QU
OF NT
A T A F ERU
BERMUDA
FIRE SAFETY ACT 2014
2014 : 33
TABLE OF CONTENTS
PART 1
PRELIMINARY
1 Citation
2 Interpretation
3 Application of Act
4 Inconsistency or conflict
5 Binding on the Crown
PART 2
BERMUDA FIRE AND RESCUE SERVICE TO PROMOTE AND ENFORCE FIRE SAFETY AND
PROTECTION; FIRE SAFETY CODES FOR BERMUDA
6 Bermuda Fire and Rescue Service responsible for fire safety and protection
7 Adoption of NFPA Codes
8 Minister may issue supplemental fire safety codes
PART 3
FIRE CERTIFICATE
9 Fire certificate required in connection with certain use of premises
10 Application for fire certificate
11 Determination of applications
12 Certification of plans
13 Issue of fire certificate
14 Contents of fire certificate
15 Duration of fire certificate; display
16 Renewal of fire certificate
17 Transfer of fire certificate
18 Refusal of fire certificate
1
19 Changes affecting adequacy of fire certificate

20 Record of fire certificates and certified plans
PART 4
SURVEY OF FIRE RISK FOR EXISTING BUILDINGS IN CONNECTION WITH FIRE CERTIFICATE
21 Survey of fire risk
22 Arrangements for survey of fire risk
23 Power to enter and carry out risk survey
24 Supplemental powers of entry: risk survey
25 Fire safety requirements
26 Action pursuant to risk survey
PART 5
ENFORCEMENT
27 Enforcement of Act
28 Fire Inspectors
29 Powers of Fire Inspectors
30 Powers of entry and inspection
31 Supplemental powers of entry: enforcement
32 Enforcement notice
33 Prohibition notice
34 Definition of “potentially dangerous premises” and “apparently responsible person”
35 Supplementary powers of enforcement
36 Assistance to Fire Inspectors
37 Protection from liability
PART 6
FIRE SAFETY DUTIES
38 Duty to take fire precautions
39 Duty to report fire and fire alarm
40 Fire safety record to be kept
41 Elimination or reduction of risks from dangerous commodities
PART 7
OFFENCES AND APPEALS
42 Offences: penalties
43 Offences by body corporate
44 Proceedings for offences
45 Defence
46 Appeal to Fire Services Board
47 Appeal to Court
PART 8
CO-OPERATION IN THE INTEREST OF FIRE SAFETY, GENERAL AND MISCELLANEOUS
48 Duty of licensing authority to consult Bermuda Fire and Rescue Service regarding fire safety
matters
49 Amendments to regulations and instruments about fire safety
2
50 Regulations
51 Service of notices
PART 9
AMENDMENTS
52 Amendment of Development and Planning Act 1974
53 Amendment of Bermuda Fire and Rescue Service Act 1982
54 Amendment of Government Fees Regulations 1976
55 Consequential amendments
PART 10
FINAL PROVISIONS
56 Savings
57 Transitional
58 Commencement
SCHEDULE 1
PREMISES FOR WHICH FIRE CERTIFICATE IS REQUIRED
SCHEDULE 2
CONSEQUENTIAL AMENDMENTS
WHEREAS it is expedient in the interest of public safety to create a régime

enhancing the Bermuda Fire and Rescue Service’s powers to promote fire safety and
protection in premises in Bermuda at every stage of development, from the design stage
through construction and use to demolition of premises;
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:
PART 1
PRELIMINARY
Citation
1 This Act may be cited as the Fire Safety Act 2014.
Interpretation
2 In this Act, unless the context otherwise requires—
“Bermuda Fire and Rescue Service” means the Bermuda Fire and Rescue Service
continued under section 4 of the Bermuda Fire and Rescue Service Act 1982;
“building” includes any structure or erection of whatever kind or nature, whether
permanent or temporary, or any part of a building or a structure or an erection;
3
“building operation” has the meaning given in section 2(1) of the Building Act 1988;
“Chief Fire Officer” means the person who holds the public office of Chief Fire
Officer pursuant to the Bermuda Fire and Rescue Service Act 1982 and includes
a person appointed to act in such office;
“Commencement Date” has the meaning given in section 58;
“commercial premises” means premises used wholly or partly for the purposes of
a trade or business;
“Court” means Magistrates’ Court;
“dangerous commodity” includes petroleum, rock oil, Rangoon oil, Burmah oil,
benzine, petrol, naptha, gasoline and any oil made from petroleum, coal, schist,
shale, peat, or any bituminous substance, and every product of petroleum and
of the above-mentioned substances, and also includes gunpowder,
nitroglycerine, cordite and all other explosives;
“design” includes the preparation of plans, particulars, drawings, specifications,
calculations and other expressions of purpose according to which construction,
extension, alteration, repair or renewal concerned is to be executed, and
“designed” shall be construed accordingly;
“fire alarm and detection equipment” includes a fire alarm control panel, bell, horn
or other visual or audible device, annunciator panel, pull station or switch, voice
control system, telephone or fire alarm box used in connection with a fire alarm,
heat or smoke detector, smoke alarm, associated wiring installation and other
equipment connected to or associated with a fire alarm or fire detection device
or equipment and a component associated with the operation of any of these
systems or devices;
“fire certificate” means a certificate issued under section 13;
“fire officer” means an officer of the Bermuda Fire and Rescue Service;
“fire inspector” has the meaning given in section 28;
“fire precautions” has the meaning given in section 38(3);
“fire protection equipment” includes a portable or wheeled type fire extinguisher,
fixed fire extinguishing system, including carbon dioxide, sprinkler, water
spray, foam, wetting agent, dry chemical, interior or exterior fire hose stations,
fire department connections, fire hydrants, fire apparatus, fire pumps and
accessories and other equipment or components associated with fire protection
or suppression equipment used or intended to be used in the operation of any
of these systems, or devices for the protection from or suppression of fire;
4
“fire safety information” means information relating to the design and construction
of premises or extension, and the services, fittings and equipment provided in
or in connection with the building or extension which will assist the person
responsible for premises to operate and maintain the premises or extension
with reasonable safety;
“Fire Services Board” means the Bermuda Fire and Rescue Services Advisory Board
established under section 9 of the Bermuda Fire and Rescue Service Act 1982
and, in relation to any function lawfully delegated by them to any other person
or body, includes a committee of the Board;
“licensing authority” has the meaning assigned to it by section 48(1)(a);
“licensing” has the meaning given by section 48(1)(b);
“Minister” means the Minister responsible for Fire Services;
“NFPA” means the National Fire Protection Association;
“NFPA Codes” has the meaning given in section 7;
“personal protective equipment” means all equipment which is intended to be worn
or held by a person in or on premises and which protects that person against
one or more risks to his safety, and any addition or accessory designed to meet
that objective;
“person responsible for premises” means—
(a) in relation to a workplace, the employer, if the workplace is to any extent
under his control;
(b) in relation to premises not being a workplace under the control of an
employer—
(i) the person who has control of the premises (as occupier or otherwise);
or
(ii) the owner, where no other person has control of the premises (as
occupier or otherwise);
“premises” means—
(a) any building or part of a building which does not fall within the provisions
of the Bermuda Residential Building Code, and is put to at least one of the
classes of use described in Schedule 1, the land on which it stands and any
adjoining land held therewith;
(b) any undeveloped land which is put to at least one of the classes of use
described in Schedule 1;
“prescribed” means—
5
(a) prescribed by Regulations; or

(b) in relation to fees, such fees as may be prescribed by regulations under
the Government Fees Act 1965;
“private dwelling” means a residential dwelling not exceeding 5000 square feet in
area on any floor level and not exceeding two storeys or 24 feet in height;
“prohibition notice” means a notice given under section 33;
“Regulations” means regulations made under this Act;
“structure” includes a building, plant, machinery, equipment, storage tank, storage
place or fixture of any kind and a part of any of them erected or placed on, in,
over or under land or water;
“victualling establishment” has the meaning given in regulation 2(1) of the Public
Health (Food) Regulations 1950, and includes any open-air area or al fresco
dining area used in connection with that establishment;
“workplace” means any premises or parts of premises, not being a private dwelling,
used for the purposes of an employer’s undertaking and which are made
available to an employee of the employer as a place of work and includes—
(a) any place within the premises to which such employee has access while at
work; and
(b) any room, lobby, corridor, staircase, road (other than a public road), or
other place—
(i) used as a means of access to or egress from that place of work; or
(ii) where facilities are provided for use in connection with that place of
work,
other than a public road;
“works” includes any building operation or act in connection with the design,
construction, extension, alteration, repair, renewal or demolition of premises.
Application of Act
3 This Act applies in relation to all premises except―
(a) any premises that are used or occupied exclusively as a single private
dwelling;
(b) any multiple unit dwelling premises each unit of which is occupied
exclusively as a single private dwelling including any garden, yard, garage
or other appurtenance of such premises which is not used in common by
the occupants of more than one such dwelling.
6
Inconsistency or conflict
4 In the event of any conflict between a provision in this Act or the Regulations and
a provision relating to fire safety and protection in any other law, the provision in this Act
or Regulations relating to fire safety and protection shall prevail.
Binding on the Crown

5 This Act binds the Crown.
PART 2
BERMUDA FIRE AND RESCUE SERVICE TO PROMOTE AND ENFORCE FIRE
SAFETY AND PROTECTION; FIRE SAFETY CODES FOR BERMUDA
Bermuda Fire and Rescue Service responsible for fire safety and protection
6 (1) The Bermuda Fire and Rescue Service shall have overall authority and
responsibility with respect to fire safety and protection, and the promotion thereof, in
premises in Bermuda at every stage of development of premises, from the design stage
through construction to alteration, repair, use, occupancy or demolition of premises.
(2) For the purposes of subsection (1), the Bermuda Fire and Rescue Service shall
have the duties and functions conferred on it by this Act and the Regulations and any other
law relating to fire safety and protection in premises.
Adoption of NFPA Codes

7 (1) The provisions of the National Fire Protection Association standards and codes
of practice as amended from time to time (hereinafter referred to as the “NFPA Codes”)
shall have the force of law in Bermuda and shall be construed with the necessary
modifications to bring them into conformity with this Act and Regulations.
(2) A copy of the NFPA Codes shall be kept in the office of the Bermuda Fire and
Rescue Service, or at some other convenient location, and made available for inspection by
members of the public during regular office hours, without charge.
(3) Section 6 of the Statutory Instruments Act 1977 shall not apply with respect to
NFPA codes adopted under the provisions of this section.
Minister may issue supplemental fire safety codes

8 (1) The Minister may issue supplementary fire safety codes that are essential to
take account of the operational requirements of the Bermuda Fire and Rescue Services and
which relate to matters which are not specifically provided for by the NFPA Codes.
(2) In preparing and issuing any fire safety codes under this section, the Minister
shall act on the advice of the Chief Fire Officer who shall consult as he considers
appropriate—
7
(a) officers of the Department of Planning, the Department of Works and

Engineering and the Department of Health; and
(b) persons representing the architectural, construction, engineering and
surveying professions in Bermuda.
(3) Subject to subsection (4), the Minister shall inform the public by means of a
notice published in the Gazette at least three months in advance of the date on which a
fire safety code comes into effect, and shall state in the notice whether the code replaces
or amends any previous fire safety code.
(4) The Minister may waive or reduce the period of three months mentioned in
subsection (3) as he thinks fit where a code amends a previous code, to correct a mistake,
or in any circumstances where it is reasonably required in the interest of public safety.
(5) Notwithstanding that a fire safety code has replaced or amended a previous
fire safety code (“the old Code”) with effect from a specified date, the old Code shall
continue to apply, or shall continue to apply without the amendments (as the case may be)
to any works in respect of which the application for a fire certificate was received by the
Chief Fire Officer before that date (whether or not a fire certificate has been issued or works
have commenced).
(6) A copy of fire safety codes issued from time to time under this section shall be
made available for inspection free of charge at the office of the Bermuda Fire and Rescue
Service during normal working hours and may also be made available on a website hosted
by that department.
(7) Section 6 of the Statutory Instruments Act 1977 shall not apply with respect to
codes issued under this section.
PART 3
FIRE CERTIFICATE
Fire certificate required in connection with certain use of premises

9 (1) A fire certificate shall be required in relation to any premises which are, or are
intended to be, put to any class of use set out in Schedule 1.
(2) Where a fire certificate is required under this Act, no person shall use the
premises or perform any works with respect to the premises, as the case may be, unless
either―
(a) there is a valid fire certificate authorising such use; or
(b) an application for a fire certificate or its renewal has been made to the
Chief Fire Officer under section 10 or 16 and either—
8
(i) any plans that are required by law for the design or construction or
alteration of the premises, have been certified with respect to fire safety
requirements by the Chief Fire Officer pursuant to section 12;
(ii) fire safety requirements and a plan for their implementation have been
concluded by the Chief Fire Officer or a Fire Inspector under Part 4; or
(iii) the applicant has complied with the provisions of section 19 where he
proposes to make any changes to his premises that are referred to in
that section.
(3) The person responsible for premises commits an offence if the premises are
put to a class of use set out in Schedule 1 at a time when no fire certificate covering the
use is in force with respect to the premises.
(4) A person does not commit an offence under subsection (3) by reason only of
the premises being put to a designated use set out in Schedule 1, provided an application
for a fire certificate covering the premises and that use has been duly made and before the
certificate has been granted or refused.
(5) The Minister may by order subject to the negative resolution procedure amend
Schedule 1.
Application for fire certificate

10 (1) An application for a fire certificate with respect to any premises shall be made
by the person responsible for premises to the Chief Fire Officer in the prescribed form and
shall—
(a) specify the particular use or uses of the premises which it is desired to have
covered by the fire certificate;
(b) specify the stage of the works (if any) in respect of which an application
for a fire certificate is made;
(c) give such fire safety information as may be prescribed about the premises
and any prescribed matter connected with them;
(d) if the premises consists of part of a building, 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; and
(e) be accompanied by the prescribed fee.
(2) On receipt of an application for a fire certificate, the Chief Fire Officer may
require the applicant within such time as may be specified—
(a) to furnish him with such plans relating to the premises as he may specify;
and
9
(b) if the premises consists of part of a building, to furnish him, 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 he may specify.
(3) Where the Chief Fire Officer, having considered an application for a fire
certificate is disposed to granting such certificate subject to any modification of the plans,
calculations, specifications or particulars to which the application relates, he may require
the applicant to submit to him revised plans, specifications or other particulars providing
for such modification.
Determination of applications
11 (1) Where an application for a fire certificate with respect to any premises has been
made and all such plans and documentation relating thereto as may be required to be
furnished in connection with it have been duly furnished, to the Chief Fire Officer under
section 10, the Chief Fire Officer may, subject to the provisions of this Act—
(a) grant a fire certificate, with or without conditions; or
(b) refuse to grant the fire certificate.
(2) In the exercise of his discretion under this section, the Chief Fire Officer shall
take into account any representations relating to the application which are received by him.
Certification of plans
12 (1) Where an application for a fire certificate with respect to any premises has been
made and all such plans and documentation relating thereto as are required to be furnished
in connection with it have been duly furnished, the Chief Fire Officer shall cause to be carried
out an inspection of the plans and related documentation for the premises.
(2) Where on an inspection of the plans with respect to any premises the Chief
Fire Officer is satisfied as regards any use of the premises specified in the application
that—
(a) the means of escape from the premises;
(b) the measures for securing that the means of escape can be safely and
effectively used at all material times;
(c) the means for fighting fire in or on the premises by persons in or on the
premises; and
(d) the means for detecting fire and giving persons in the premises warning,
are such as may be reasonably required in the circumstances in connection with the use of
the premises, the Chief Fire Officer shall stamp the plans certifying that the fire safety
design with respect to the premises, if constructed or maintained as the case may be in
accordance with the plans, documents and information submitted, would comply with the
10
minimum standards, codes and requirements for fire safety and protection under this Act
and the Regulations.
(3) No person shall perform any works with respect to premises requiring a fire
certificate unless the fire safety design of the plans or other such documents relating to the
proposed works have been certified by the Chief Fire Officer under subsection (2) before
such works are commenced.
Issue of fire certificate

13 (1) The Chief Fire Officer shall issue a fire certificate where on completion of any
works on premises or on the implementation of a plan concluded pursuant to section 21,
he is satisfied as regards any use of the premises that the means specified in section 12(2)
(a) to (d) are such as may be reasonably required in the circumstances in connection with
the use of the premises.
(2) A fire certificate shall only be construed as certifying that, with respect to fire
safety, the premises if constructed or maintained, as the case may be, in accordance with
the plan, documents or information submitted, would comply with the relevant provisions
of the NFPA Codes and this Act.
(3) Where a fire certificate is issued subject to conditions, the Chief Fire Officer
shall, if requested to do so, inform the applicant of the reasons.
Contents of fire certificate

14 (1) Every fire certificate issued shall be in the prescribed form and specify—
(a) the name of the premises and the name of any business operated on the
premises;
(b) the name of the person responsible for premises;
(c) the street address of the premises and the mailing address if it is different;
(d) the particular use or uses of the premises which the fire certificate covers;
(e) any conditions; and
(f) the date when the fire certificate expires.
(2) A fire certificate issued with respect to any premises may impose such
conditions as the Chief Fire Officer considers appropriate in the circumstances including
conditions—
(a) relating to the use or uses of the premises;
(b) for securing that the means of escape in the event of fire with which the
relevant premises is provided is adequate and that it is properly maintained
and kept free from obstruction;
11
(c) as to the type, number and location of fire alarm and detection equipment,
fire protection equipment and fire safety information for securing the
safety of persons in or on the premises in the event of fire;
(d) where the premises are a workplace, for securing that persons employed
to work in the premises receive appropriate instruction or training in what
to do in the event of fire, and that records are kept of instruction or training
given for that purpose;
(e) for limiting the number of persons who may be in or on the premises at
any one time; and
(f) as to other precautions to be observed in the relevant premises in relation
to the risk, in the event of fire, to the safety of persons in the premises,
and may, where appropriate, do so by means of or by reference to a plan.
(3) Any conditions imposed by virtue of subsection (2) by a fire certificate issued
with respect to any premises—
(a) may be framed either so as to apply to the whole of the premises or so as
to apply to one or more parts of it;
(b) may be framed so as to impose different conditions in relation to different
parts of premises; and
(c) may, where the fire certificate covers more than one use of the premises,
be framed so as to impose different conditions in relation to different uses
of the premises or of any part of the premises.
(4) A fire certificate issued with respect to any premises shall be sent to the person
responsible for premises to which it relates.
Duration of fire certificate; display

15 (1) A fire certificate issued by the Chief Fire Officer shall be valid for a period not
exceeding five years from the date of its issue and may be renewed.
(2) So long as the fire certificate is in force, the person responsible for premises
shall cause—
(a) a copy of the fire certificate to be kept and displayed in a conspicuous place
at the premises; and
(b) the original fire certificate and any records required to be kept under any
conditions contained in the fire certificate are kept safe and available to a
Fire Inspector or any occupier of the premises in respect of which the fire
certificate has been issued.
12
Renewal of fire certificate

16 (1) An application for the renewal of a fire certificate with respect to any premises
shall be made by the person responsible for premises to the Chief Fire Officer in the
prescribed form and shall be accompanied by the prescribed fee.
(2) Where the Chief Fire Officer is satisfied (either on inspection under Part 5 or
otherwise) as to the matters in section 12(2)(a) to (d) and as to compliance with conditions
(if any) imposed under section 14(2) with respect to the applicant’s premises, the Chief Fire
Officer shall renew the fire certificate.
Transfer of fire certificate

17 (1) A person who holds a fire certificate issued under this Act in relation to his
premises shall not assign or transfer his fire certificate without the prior written consent of
the Chief Fire Officer.
(2) An agreement relating to any such assignment or transfer, unless it is made
subject to that consent is void.
Refusal of fire certificate

18 (1) Where the Chief Fire Officer is not satisfied that the means mentioned in section
12(2)(a) to (d) are such as may be reasonably required in the circumstances in connection
with the use of the premises, the Chief Fire Officer shall by notice in writing served on the
applicant—
(a) inform him of that fact and the steps which would have to be taken in order
to satisfy the Chief Fire Officer as regards that use; and
(b) notify the applicant that he will not certify the plans or issue a fire certificate
with respect to the premises, unless those steps are taken within the time
specified in the notice.
(2) If at the end of the time specified under subsection (1) or such further time as
may be allowed by the Chief Fire Officer or by determination or order made in proceedings
arising out of an appeal under section 46 or 47, a fire certificate covering that use has not
been issued, it shall be deemed to have been refused.
Changes affecting adequacy of fire certificate

19 (1) Where the person responsible for premises in respect of which a fire certificate
has been issued under section 13—
(a) proposes to make a material extension of, or material structural alteration
to, the premises;
13
(b) proposes to make a material alteration in the internal arrangement of his

premises or in the furniture or equipment with which the premises are
provided;
(c) proposes to begin to keep explosive or highly flammable materials of any
kind permitted by law to be kept anywhere under, in or on the premises;
or
(d) intends for any reason to leave his premises unoccupied for a period of
more than 30 consecutive days,
the person responsible for changes shall, before the carrying out of the proposals is begun
and as regards subsection (1)(d) before his premises are vacated, give notice to the Chief
Fire Officer in writing of his proposal or intention.
(2) As soon as is practicable after receipt of such a notice from the person
responsible for premises or in any circumstances where he becomes aware of any of the
matters referred to in subsection (1), the Chief Fire Officer shall carry out an inspection or
a survey of the premises under Part 4.
(3) If the Chief Fire Officer considers (either pursuant to an inspection or a survey
or otherwise) that, as regards any premises with respect to which a fire certificate is in force
it would, in consequence of a change of conditions, be appropriate to amend the certificate
for any of the following purposes, that is to say—
(a) to vary or revoke any condition or requirement which the fire certificate
imposes by virtue of section 14(2);
(b) to add to the conditions or requirements which the fire certificate so
imposes; or
(c) to alter the effect of the fire certificate as to the person or persons
responsible for premises covered by the fire certificate,
the Chief Fire Officer may make such amendments in the fire certificate as he thinks fit for
that purpose or issue a new fire certificate embodying those amendments.
Record of fire certificates and certified plans

20 The Chief Fire Officer shall keep a record in writing in such form as he considers
appropriate of fire certificates issued or renewed by him, and plans certified by him.
14
PART 4
SURVEY OF FIRE RISK FOR EXISTING BUILDINGS IN CONNECTION WITH FIRE
CERTIFICATE
Survey of fire risk

21 (1) This Part applies to premises existing on the Commencement Date (“existing
premises”); and “premises” in this Part means existing premises.
(2) The Chief Fire Officer or a Fire Inspector shall carry out a risk survey of
premises for the purpose of—
(a) determining in relation to the use or intended use of the premises the fire
safety requirements that would be adequate to protect the safety of
persons in or on the premises in the event of fire; and
(b) concluding a plan for fire safety requirements to be implemented by the
person responsible for premises within the time specified by the Chief Fire
Officer or Fire Inspector in the plan.
(3) The Chief Fire Officer or a Fire Inspector may carry out a risk survey of
premises—
(a) where he receives a request pursuant to section 22(1);
(b) before he issues, renews or consents to the transfer of a fire certificate in
relation to the premises;
(c) before he varies or alters any condition imposed on a fire certificate in
relation to the premises;
(d) where he receives plans in connection with any proposed works on the
premises;
(e) where he is satisfied that works are taking place in relation to the premises
and he has not certified any plans that are required by law relating to such
works;
(f) where he is satisfied that the premises are occupied and being used for a
purpose set out in Schedule 1 and there is no valid fire certificate with
respect to the premises; or
(g) where he is satisfied that the premises have been unoccupied for a period
of 30 consecutive days or more and such premises may be a fire risk.
(4) For the purposes of this Part, the Chief Fire Officer or a Fire Inspector shall
write to the person responsible for premises advising him of the provisions of this Part and
the date and time within 14 days of the date of the notice when it is proposed that such
risk survey should be carried out.
15
Arrangements for survey of fire risk

22 (1) Every person responsible for premises shall submit to the Bermuda Fire and
Rescue Service a request to have the premises surveyed for fire risk by that department
where—
(a) a fire certificate is required with respect to the premises; or
(b) renewal or transfer of a fire certificate is required with respect to the
premises.
(2) A request shall be submitted in writing in the prescribed form and within the
prescribed time to the Bermuda Fire and Rescue Service.
Power to enter and carry out risk survey

23 (1) Without prejudice to any other provision of law but subject to subsection (2),
the Chief Fire Officer or a Fire Inspector may enter upon and survey or inspect any premises
for concluding fire safety requirements under this Part.
(2) Before a survey is carried out under the authority of subsection (1), the Chief
Fire Officer or a Fire Inspector shall give such notice to the person responsible for premises
which he intends to survey, or to some agent or servant of the person responsible for
premises, of the intention to carry out the survey as may, in the circumstances of the case
and having regard to the objects of the survey, be reasonable.
(3) The Chief Fire Officer or Fire Inspector shall, if so required when visiting any
premises in the exercise of powers conferred by this Act, produce to the person responsible
for premises some duly authenticated document showing his authority.
(4) The person responsible for premises or, as the case may be, his agent or
servant shall be given an opportunity to be present or have some person selected by him
to be present at the survey.
Supplemental powers of entry: risk survey

24 (1) If it is shown to the satisfaction of a magistrate on sworn information in writing
by the Chief Fire Officer or a Fire Inspector entitled to enter upon premises in pursuance
of this Part that the matters in subsection (2) apply, the magistrate may by warrant under
his hand authorise that person to enter the premises and survey them for the purposes of
this Part.
(2) A magistrate shall not issue a warrant under subsection (1) in respect of any
premises unless he is satisfied—
(a) that entry to the premises in pursuance of subsection (1) was sought after
not less than 14 days notice of the intended entry had been served on the
person responsible for premises;
16
(b) that entry to the premises in pursuance of section 23(1) was sought and
was refused by or on behalf of the person responsible for premises; or
(c) that the premises are vacant and have been unoccupied for more than 30
consecutive days or the person responsible for premises is temporarily
absent.
(3) A warrant under subsection (2) continues in force until the purpose for which
the entry is required has been satisfied.
(4) A person who, in the exercise of powers conferred upon him by virtue of this
section, enters upon any premises which is vacant or from which the person responsible
therefor is temporarily absent shall leave the premises as effectually secured against
trespassers as he found them.
Fire safety requirements

25 (1) Fire safety requirements concluded by the Chief Fire Officer pursuant to section
21 may include any or all of the following—
(a) the provision and maintenance of exit signs, emergency lighting and
notices as to the procedure to be followed in the event of fire;
(b) the arrangements to be made for the provision and maintenance of
equipment and fittings for fire detection, fire prevention, the extinguishing
of fires, giving of warning in the event of fire, and securing that the means
of escape can be safely and effectively used at all material times;
(c) the installation, maintenance and use of the power, lighting, heating and
ventilating systems of the premises;
(d) the measures to be taken for securing that persons employed in the
premises receive adequate training in fire safety, and what to do in the
event of fire, and that records are kept of such instruction or training;
(e) the nomination of an appropriate person or persons employed in the
premises to have responsibility for fire safety and protection measures in
the premises;
(f) limiting the number of persons who may be in the premises at any one
time; or
(g) any other matters that appear to be relevant to the Chief Fire Officer for
the purposes of ensuring the safety of persons in or on the premises in the
event of fire.
(2) The Chief Fire Officer, in relation to the premises shall—
17
(a) specify the fire safety requirements under NFPA 101 - Life Safety Code that
are deemed necessary; and
(b) ensure (in accordance with section 26) that if any works on the premises
cause the premises to become unsafe or adversely affect the matters set
out in section 12(2)(a) to (d) that such matters shall be rectified to the
satisfaction of the Chief Fire Officer.
(3) The Chief Fire Officer shall conclude a plan for the implementation of fire safety
requirements and shall specify a time period within which the person responsible for
premises shall comply with such fire safety requirements specified by him, and where the
Chief Fire Officer considers it appropriate, the time period may be extended.
(4) The Chief Fire Officer shall give the person responsible for premises concerned
the opportunity to be heard and shall take any such representations into consideration
before he concludes fire safety requirements with respect to the premises.
Action pursuant to risk survey

26 The Chief Fire Officer shall not issue or renew, alter or amend or approve the
transfer, of a fire certificate with respect to premises unless he is satisfied that the fire
safety requirements specified or concluded by him under this Part have been properly
implemented by the person responsible for premises.
PART 5
ENFORCEMENT
Enforcement of Act
27 It shall be the duty of the Bermuda Fire and Rescue Service, the Chief Fire Officer
and every Fire Inspector—
(a) to enforce and ensure compliance with the provisions of this Act and the
Regulations; and
(b) in consultation with the appropriate licensing authority, to enforce the
provisions in any law relating to fire safety and protection.
Fire Inspectors
28 (1) The Chief Fire Officer shall appoint in writing fire officers in the Bermuda Fire
and Rescue Service as Fire Inspectors for the purposes of enforcing the provisions of this
Act, the Regulations and the provisions of any other law relating to fire safety and
protection.
(2) Every Fire Inspector shall be provided with a certificate of his appointment as
a Fire Inspector signed by the Chief Fire Officer and an identity card issued to him—
18
(a) specifying the date of issue;

(b) bearing his full name and a photograph of him; and
(c) bearing the signature of the Chief Fire Officer.
(3) A Fire Inspector shall, if requested to do so, produce that identity card for
inspection to any person in relation to whose premises the Fire Inspector is about to
exercise, is exercising or has exercised a power relating to fire safety and protection
conferred by this Act or the Regulations or any other law.
(4) An identity card appearing to have been provided under subsection (2) is,
without proof of the signature of the person who signed it or that person’s authority to sign
it, evidence of the appointment to which the identity card appears to relate.
Powers of Fire Inspectors

29 (1) Subject to this Act, a Fire Inspector may do anything necessary for the purpose
of carrying into effect this Act and the Regulations, and any other provision of law relating
to fire safety or fire protection.
(2) Without prejudice to the generality of subsection (1), a Fire Inspector may at
any reasonable time for the purpose of enforcing the provisions of this Act and the
Regulations—
(a) enter premises, including such premises as are mentioned in subsection
(3), and inspect the whole or any part thereof, and anything in the
premises;
(b) make such inquiry as may be necessary;
(c) require the production of, and inspect, any fire certificate in force in
relation to any premises or any copy of any such certificate;
(d) with respect to equipment on the premises—
(i) require any person for the time being in charge therein to produce for
inspection fire protection equipment or any fire alarm and detection
equipment in the premises;
(ii) inspect any such equipment so produced;
(iii) conduct examinations or tests of such equipment found in premises,
either at the premises, or by removing the equipment from the
premises to conduct examinations or tests of it;
(e) require any person having responsibilities in relation to any such premises
(whether or not the person responsible for 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
19
as are necessary for the purpose of enabling the Fire Inspector to exercise
any of the powers conferred on him by this subsection.
(3) If a Fire Inspector thinks it necessary for the purposes of his inspection, he
may also inspect premises or part of premises that form part of or are adjacent to the
premises the subject of his inspection.
(4) For the avoidance of doubt, it is hereby declared that the powers conferred on
Fire Inspectors under this Part to enter and inspect premises in relation to fire safety and
protection are in addition to powers conferred on the Chief Fire Officer, the Bermuda Fire
and Rescue Service and fire officers under any other law.
Powers of entry and inspection

30 (1) Without prejudice to any other provision of law but subject to subsection (2),
the Chief Fire Officer or a Fire Inspector may at any reasonable time enter upon and inspect
any premises for the purpose of enforcing and ensuring compliance with the provisions of
this Act and the Regulations.
(2) Before an inspection is carried out under the authority of subsection (1), the
Fire Inspector shall give such notice to the person responsible for premises which the Fire
Inspector intends to inspect, or to some agent or servant of the person responsible for
premises of the intention to carry out the survey or inspection as may, in the circumstances
of the case and having regard to the objects of the inspection, be reasonable.
(3) The person responsible for premises or, as the case may be, his agent or
servant shall be given an opportunity to be present or have some person selected by him
to be present at the inspection.
Supplemental powers of entry: enforcement

31 (1) If it is shown to the satisfaction of a magistrate on sworn information in writing
by the Chief Fire Officer or a Fire Inspector entitled to enter upon premises in pursuance
of enforcement under this Part—
(a) that entry to the premises has been refused to that person;
(b) that entry has not been refused, but such a refusal is apprehended;
(c) that the premises are unoccupied or the occupier is temporarily absent and
the case is one of urgency; or
(d) that there are reasonable grounds for his entry upon the premises for the
purpose for which entry is required,
then, subject to subsection (3), the magistrate may by warrant under his hand authorise
that person to enter and inspect the premises together with a police officer above the rank
of sergeant, if need be by force in case of urgency.
20
(2) A warrant issued under subsection (1) continues in force until the purpose for
which the entry is required has been satisfied.
(3) In this section any reference to urgency is a reference to a case where a person
requiring entry to any premises has reasonable cause to believe that circumstances exist
which are likely to endanger life or safety in case of a fire and that immediate entry to the
premises is necessary to verify the existence of those circumstances, or to ascertain their
cause, or to effect a remedy.
(4) A person who wilfully obstructs another person acting in the exercise of any
powers conferred on the other person by virtue of this Part commits an offence against this
Act.
Enforcement notice
32 (1) Where pursuant to an inspection under this Part or otherwise, a Fire Inspector
is of the opinion that there has been a contravention of, or failure to comply with, the
provisions of this Act or the Regulations or any provision of law relating to fire safety and
protection he may serve on the person responsible for premises a notice in writing (an
“enforcement notice”).
(2) An enforcement notice served on such person shall—
(a) state that the Fire Inspector is of the opinion referred to in subsection (1);
(b) specify the failure or contravention, and the relevant provision;
(c) require the owner or occupier or any manager to produce for inspection or
copying, in whole or in part, any record or other document that the Fire
Inspector believes on reasonable grounds contains information relevant to
the administration of this Act or the Regulations;
(d) state what steps are necessary to remedy the contravention or failure and
comply with the provision in question;
(e) require the owner or occupier within such reasonable time as may be
specified, or such further time as the Fire Inspector may allow, to take
steps as are specified in the enforcement notice to remedy the failure or
contravention and ensure such compliance.
(3) An enforcement notice may include directions as to the measures which the
Fire Inspector considers are necessary to remedy the contravention or failure referred to
in subsection (2)(b), and any measures may be framed so as to afford the person on whom
the enforcement notice is served a choice between different ways of remedying the
contravention or failure.
(4) Before serving an enforcement notice which would oblige a person to make an
alteration to premises, the Fire Inspector shall, if it is reasonably practicable to do so,
21
consult as appropriate the relevant licensing authority and any other person whose consent
to the alteration would be required by or under any enactment.
(5) Without prejudice to the powers to cancel or modify an enforcement notice
under section 46 or 47, no failure on the part of the Fire Inspector to consult under
subsection (4) makes an enforcement notice void.
(6) Where an enforcement notice has been served under this section—
(a) the Fire Inspector may withdraw the notice at any time before the end of
the period specified in the notice; and
(b) if an appeal against the notice is not pending, the Fire Inspector may
extend or further extend the period specified in the notice.
Prohibition notice
33 (1) If the Chief Fire Officer or a Fire Inspector is satisfied whether pursuant to an
inspection under this Part or otherwise―
(a) that a contravention of any provision of this Act or the Regulations or the
provisions of any law relating to fire safety and protection measures in
premises is being committed of such a nature that use of the premises
involves or will involve a risk so serious to the safety of persons in or on
the premises in the event of fire if such contravention is not remedied
promptly; or
(b) that there are reasonable grounds for believing that premises are
potentially dangerous premises,
and that, until steps have been taken to reduce the risk to a reasonable level, the use of
the premises ought to be prohibited or restricted, then he may issue to the person
responsible for premises a notice in accordance with this section.
(2) In addition to the methods of service of notices in section 51, a prohibition
notice may be served by handing it to an apparently responsible person on the premises
or by affixing it in a conspicuous location on the premises.
(3) The matters relevant to the determination by the Chief Fire Officer or Fire
Inspector for the purposes of subsection (1)(a) of the risk to the safety of persons (defined
in section 34(2)) on the premises include anything affecting their escape from the premises
in the event of fire.
(4) A prohibition notice shall—
(a) state that the Chief Fire Officer or a Fire Inspector is of an opinion referred
to in subsection (1);
22
(b) specify the matters which in his opinion give or, as the case may be, will
give rise to that risk or belief; and
(c) direct that the use of the premises to which the prohibition notice relates
is prohibited or restricted to such extent as may be specified in the notice
until the specified matters have been remedied.
(5) A prohibition notice may include directions as to the measures which will have
to be taken to remedy the matters specified in the notice and any such measures may be
framed so as to afford the person on whom the notice is served a choice between different
ways of remedying the matters.
(6) A prohibition or restriction contained in a prohibition notice pursuant to
subsection (4)(c)—
(a) takes effect immediately at the time it is served if the Chief Fire Officer or
a Fire Inspector is of the opinion, and so states in the prohibition notice,
that the risk of serious personal injury is or, as the case may be, will be
imminent; and
(b) in any other case takes effect at the end of the period specified in the
prohibition notice.
(7) Before serving a prohibition notice which would oblige a person to make an
alteration to premises, the Fire Inspector shall, if it is reasonably practicable to do so,
consult as appropriate the relevant licensing authority and any other person whose consent
to the alteration would be required by or under any enactment.
(8) For the purposes of this section, the Chief Fire Officer or Fire Inspector may
call to his assistance such police officers as he may think necessary due to the nature of
the risk and in the interest of safety of persons in or about the premises in the event of
fire.
Definition of “potentially dangerous premises” and “apparently responsible

person”
34 (1) In section 33, "potentially dangerous premises" means any premises which
would, in the event of fire occurring therein, constitute a serious danger to life for any of
the following reasons—
(a) the fact that large numbers of persons habitually resort thereto or are
accommodated therein;
(b) the absence of any, or any adequate, appliances or fittings—
(i) for extinguishing fires occurring in the building;
(ii) for enabling the occupants to escape on the occurrence of fire;
23
(iii) for the automatic detection of an outbreak of fire;

(iv) for giving warning to persons in the event of fire;
(v) for securing that the means of escape can be safely and effectively used
at all times; or
(vi) for emergency lighting;
(c) the flammable nature of the materials with which the building is made;
(d) the flammable nature of the furniture, furnishings and fittings in the
building;
(e) the absence of adequate means of escape from the premises;
(f) the absence of any, or any adequate, notices as to the procedure which
should be followed in the event of fire;
(g) the flammable, explosive or potentially explosive nature of anything used,
stored or deposited within the building;
(h) the fact that fire therein would be likely to spread rapidly within the building
or to other premises;
(i) the fact that any power supply or lighting system with which the building
is provided is defective, inadequate or inadequately maintained;
(j) the fact that any heating or ventilating system with which the building is
provided is defective or inadequately maintained or presents a fire hazard;
or
(k) any similar reason.
(2) For the purposes of section 33(2), “apparently responsible person” shall include
the person responsible for premises, a manager, a trustee, an architect, an agent, a
contractor, a project manager or any other person appearing to the Chief Fire Officer or a
Fire Inspector to be in charge of, or have responsibilities in connection with, the use or
occupation of the premises or works being carried out on the premises.
Supplementary powers of enforcement

35 (1) A magistrate may by order prohibit or restrict, to the extent appropriate in the
circumstances of the case, the use of premises until such steps have been taken as, in the
opinion of the Court, are necessary to reduce the risk to a reasonable level, if he is satisfied
on information on oath laid by a Fire Inspector that there are reasonable grounds for
suspecting―
(a) that there has been a contravention of any provision of this Act or the
Regulations or of any provision of law relating to fire safety and protection
24
and that the risk to persons in the event of fire is so serious that, until steps
have been taken to reduce the risk to a reasonable level, the use of the
premises ought to be prohibited or restricted;
(b) that the owner or occupier has failed to comply with an enforcement notice
or a prohibition notice served on him under section 32 or 33 respectively;
(c) that if an enforcement notice were served on the owner or occupier under
section 32 or a prohibition notice under section 33, it would not be
complied with;
(d) the completeness of any information provided or documents produced by
the person responsible for premises in response to such a notice; or
(e) that the premises are for the time being unoccupied and have been
unoccupied for a period of more than 30 consecutive days and there is
reason to believe that the premises may be a fire risk.
(2) In this section, "contravention of any provision" shall be deemed to include a
failure to observe the provisions of any law with respect to fire safety or protection.
(3) A magistrate may issue a warrant under this section authorising any police
officer not below the rank of inspector, together with any Fire Inspector named in the
warrant —
(a) to enter any premises which are specified in the warrant for the purpose
of inspecting the premises in relation to compliance with fire safety
standards or codes; and
(b) to exercise any of the powers conferred by this Act or the Regulations.
Assistance to Fire Inspectors

36 The owner or occupier or the person in charge of premises entered by the Chief
Fire Officer, a Fire Inspector or police officer under the provisions of this Part and any person
found in the premises shall—
(a) give him all reasonable assistance in his power to enable him to perform
his duties and functions under this Act and the Regulations or any
enactment; and
(b) provide him with any information relevant to the enforcement of this Act
that he may reasonably require.
Protection from liability

37 No proceedings, civil or criminal, shall lie against the Minister, the Chief Fire Officer,
a Fire Inspector or other fire officer or any member of the Bermuda Fire and Rescue Service
or any member of the Fire Services Board in respect of anything done or omitted to be done
25
or reported or said in the performance or intended performance of their functions under

this Act or the Regulations unless it is shown that the person or persons acted in bad faith.
PART 6
FIRE SAFETY DUTIES
Duty to take fire precautions

38 (1) The person responsible for premises shall take all reasonable fire precautions
and measures in accordance with this Act and Regulations and any other law relating to
the prevention, explosion or spread of fire or smoke in the premises, and to ensure that
exits and fire detection and alarm and fire protection equipment for the protection of the
premises and its occupants from fire, are maintained in efficient condition and readily
available for use in the event of fire.
(2) In every premises the emergency telephone number of the Bermuda Fire and
Rescue Service shall be constantly and conspicuously displayed in a prominent place on the
premises.
(3) In this Act, “fire precautions” in relation to premises means—
(a) measures to reduce the risk of fire on the premises and the risk of the
spread of fire on the premises;
(b) measures in relation to the means of escape from the premises;
(c) measures for securing that, at all material times, the means of escape can
be safely and effectively used;
(d) measures in relation to the means for fighting fires on the premises;
(e) measures in relation to the means for detecting fire on the premises and
giving warning in the event of fire on the premises; and
(f) where premises consist of a workplace, measures in relation to the
arrangements for action to be taken in the event of fire on the premises,
including—
(i) measures relating to the instruction and training of employees; and
(ii) measures to mitigate the effects of fire.
Duty to report fire and fire alarm

39 (1) Every person responsible for premises who becomes aware of a fire at his
premises shall report it, to the Bermuda Fire and Rescue Service by telephone as soon as
he becomes aware of the fire.
26
(2) Every person who provides services that include fire alarm monitoring services
in relation to any premises and who becomes aware that a fire alarm has sounded in any
such premises being monitored by him or by his business shall give notice by telephone of
the fire alarm to the Bermuda Fire and Rescue Service, as soon as he becomes aware of it.
(3) The notice required under subsection (1) or (2) shall include—
(a) the date, time and location of the fire and a description of the nature of
the fire, or the date, time and location of the the fire alarm; and
(b) as far as can be ascertained at the time, the cause of the fire or of the fire
alarm.
Fire safety record to be kept

40 (1) Every person responsible for premises shall keep or cause to be kept and
maintained a fire safety record in respect of the premises in such form as may be approved
by the Chief Fire Officer, in which shall be entered a record of—
(a) inspection of the premises and its fire protection equipment;
(b) tests of the fire alarm and detection system of the premises;
(c) fire drills and fire training sessions;
(d) every fire-related incidence at the premises;
(e) permits for construction, modification or demolition in relation to the
premises;
(f) any notices given under this Act; and
(g) any other information that may be prescribed.
(2) The fire safety record kept pursuant to subsection (1) shall be produced for
inspection upon request by the Chief Fire Officer or a Fire Inspector.
Elimination or reduction of risks from dangerous commodities

41 (1) Where a dangerous commodity is permitted under any enactment to be present
in or on any premises, the person responsible for premises shall ensure that risk in the
event of fire to persons related to the presence of the commodity is either eliminated so
far as is reasonably practicable or reduced in accordance with Regulations.
(2) Where it is not reasonably practicable to eliminate risk pursuant to subsection
(1), the person responsible for premises shall, so far as is reasonably practicable, apply
measures in accordance with Regulations consistent with and appropriate to the nature of
the activity or operation, to control the risk and mitigate the detrimental effects of fire.
(3) The person responsible for premises shall—
27
(a) arrange for the safe handling, storage and transport of dangerous
commodities and waste containing dangerous commodities; and
(b) ensure that any conditions necessary pursuant to this Act for ensuring the
elimination or reduction of risk are maintained.
PART 7
OFFENCES AND APPEALS
Offences: penalties
42 (1) A person who―
(a) contravenes section 9(3);
(b) fails to give notice as required by section 19(1);
(c) fails to comply with an enforcement notice served under section 32;
(d) fails to comply with a prohibition notice served under section 33;
(e) fails to comply with section 36 (assistance to Fire Inspectors);
(f) fails to take fire precautions in accordance with the provisions of section
38;
(g) fails to report a fire or fire alarm as required by section 39;
(h) with respect to section 40―
(i) fails to keep a record; or
(ii) makes a false or fraudulent entry in the record or who erases or alters
an entry in the record, except for the purpose of correcting an error,
commits an offence against this Act.
(2) A person commits an offence against this Act if he commits any of the acts
referred to in the following paragraphs―
(a) for the purpose of procuring the issue of a fire certificate, makes any
statement or gives any information which he knows to be false in a material
particular or recklessly makes any statement or gives any information
which is false; or
(b) in purported compliance with any obligation to give information to which
he is subject under or by virtue of this Act or the Regulations, gives any
information which he knows to be false in a material particular or recklessly
gives any information which is false;
28
(c) without reasonable excuse fails to produce any documents which it is his
duty to produce under this Act or the Regulations;
(d) without reasonable excuse fails to attend before a Fire Inspector when
required to do so;
(e) without reasonable excuse fails to answer any question relevant to fire
safety on his premises that is put to him by the Chief Fire Officer or a Fire
Inspector with respect to premises which are under inspection for fire
safety; or
(f) wilfully obstructs the Chief Fire Office or a Fire Inspector in the exercise of
the powers conferred by this Act.
(3) Where a person commits an offence against this Act he is liable on summary
conviction—
(a) to a fine not exceeding $2,880 in respect of the offence;
(b) in the case of a second or subsequent conviction, to a fine not exceeding
$7,000.
Offences by body corporate

43 (1) Where an offence under this Act committed by a body corporate is proved to
have been committed with the consent or connivance of, or to be attributable 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 commits an offence against this Act.
(2) Where the affairs of a 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 as if he were a director of the body corporate.
Proceedings for offences

44 Proceedings with respect to an offence against this Act shall not be instituted
without the written consent of the Director of Public Prosecutions, and shall be prosecuted
before a court of summary jurisdiction.
Defence
45 Except for a failure to comply with section 38(1) or 39(2), in any proceedings for
an offence under this Act or Regulations, it shall be a defence for the person charged to
prove that he took all reasonable precautions and exercised all due diligence to avoid the
commission of such an offence.
29
Appeal to Fire Services Board

46 (1) A person who is aggrieved—
(a) by any step which would have to be taken as a condition of the certification
of plans with respect to his premises or the issue of a fire certificate with
respect to his premises, or by the period allowed for the taking of any steps
mentioned in a fire certificate;
(b) by the refusal of the Chief Fire Officer to issue a fire certificate with respect
to his premises;
(c) by any conditions imposed under section 14(2);
(d) subject to subsection (2), by a condition or requirement in an enforcement
notice or a prohibition notice,
may, within 21 days from the relevant date, appeal to the Fire Service Board by notice in
writing under this section.
(2) A person on whom an enforcement notice or a prohibition notice is served may
appeal to the Fire Services Board on any one or more of the following grounds—
(a) that he is not the person responsible for premises;
(b) that the premises do not present a serious fire risk;
(c) that compliance would involve an unreasonable expense or unreasonable
interference with the use of the premises; or
(d) that the notice specifies an unreasonably short time for complying with any
of its conditions or directions.
(3) On an appeal under this section, the Fire Service Board may either cancel or
affirm the decision of the Chief Fire Officer or Fire Inspector, and, if it affirms it, may do so
either in its original form or with such modifications as the Board may in the circumstances
think fit.
(4) The Fire Services Board may, by notice in writing to both parties, require the
provision of such further information or documents within the period so specified as the
Board may require for the purpose of making a determination.
(5) Before determining an appeal under this section, the Fire Services Board shall,
if the appellant so desires, afford him an opportunity of appearing before, and being heard
by, a person appointed by the Fire Services Board from among its members for the purpose.
(6) Where an appeal is brought under this section against an enforcement or
prohibition notice, the bringing of the appeal shall not have the effect of suspending the
operation of the notice, unless, on the application of the appellant, the Fire Services Board
so directs (and then only from the giving of the direction).
30
(7) In this section the “relevant date” means—

(a) in relation to a person aggrieved by any such refusal or requirement, or
condition as is mentioned in subsection (1) above, the date on which he
was first served by the Chief Fire Officer or a Fire Inspector with notice of
the refusal, requirement, condition or matter in question;
(b) in relation to a person aggrieved by the inclusion of anything in, or the
omission of anything from, a fire certificate issued with respect to any
premises, the date on which the inclusion or omission was first made
known to him,
and for the purposes of subsection (1) a person who is served with a fire certificate or a
copy of a fire certificate shall be taken to have had what the certificate or that part of it
does and does not contain made known to him at the time of the service on him of the
certificate or copy thereof.
Appeal to Court
47 (1) Any party to proceedings before the Fire Services Board who is aggrieved by
the decision or determination or direction of the Fire Services Board in the matter may
appeal to the Court on a point of law within 21 days or such longer period as the Court may
allow after receipt of notification of such decision or direction.
(2) On any appeal under this section the Court may make such order, including an
order for costs, as it thinks fit.
(3) Where an appeal is brought under this section against an enforcement or
prohibition notice, the bringing of the appeal shall not have the effect of suspending the
operation of the notice, unless, on the application of the appellant, the Court so directs (and
then only from the giving of the direction).
PART 8
CO-OPERATION IN THE INTEREST OF FIRE SAFETY, GENERAL AND
MISCELLANEOUS
Duty of licensing authority to consult Bermuda Fire and Rescue Service

regarding fire safety matters
48 (1) In this section and sections 27(b), 32(4), 33(7) and57(3)—
(a) “licensing authority” means the relevant authority responsible for licensing
under any law relating to premises or their use;
(b) “licensing” includes granting or issuing permission, a permit, licence,
certificate, requisition or an approval of whatever kind relating to premises
31
or their use under any law or pursuant to any policy under any law, and
“licence” is to be construed accordingly;
(c) references to the issue of a licence include references to its renewal,
transfer, variation, revocation or suspension as the case may be, and
exemption from the issue thereof.
(2) Where the person responsible for premises or the owner of the premises—
(a) proposes to erect a building, or to make any extension of or structural
alteration to the premises; and
(b) in connection with the proposals, plans are, in accordance with an
enactment relating to premises or their use, deposited with the
Department of Planning or other licensing authority,
the Department of Planning or other licensing authority, as the case may be, shall consult
the Chief Fire Officer with respect to fire safety matters before passing those plans.
(3) Where a licence is required under any law in relation to premises, the relevant
licensing authority empowered to grant, issue, renew or transfer such licence shall not make
a final determination with respect to an application for such licence or its renewal or transfer
unless it has first consulted the Chief Fire Officer regarding any fire safety matters.
Amendments to regulations and instruments about fire safety

49 (1) The Minister may by Regulations repeal or amend any provision relating to fire
safety and protection—
(a) in any law that is passed before this Act; or
(b) in any other instrument made under an Act before the passing of this Act,
where it appears to him that that provision is inconsistent with, or requires amendment
consequentially upon, or has become unnecessary in consequence of, the provisions of this
Act or the Regulations.
(2) Regulations made under subsection (1) shall be subject to the negative
resolution procedure.
Regulations
50 (1) The Minister may make Regulations providing for the safety of persons in or
about premises in the event of fire and generally for fire safety standards and the
maintenance thereof.
(2) Without prejudice to the generality of subsection (1), the Minister may make
Regulations providing for all or any of the following purposes—
32
(a) prescribing the form and content and manner of applications for a fire
certificate or renewal or transfer thereof;
(b) the provision of adequate precautions and measures to be taken in the
event of fire;
(c) prescribing fire safety information that must be provided under this Act;
(d) the provision, maintenance and regulation of adequate means of access
and escape and associated safeguards for the protection of life in the event
of fire;
(e) imposing requirements with respect to any matter affecting the conditions
under which premises are used;
(f) the type and nature of fire alarm and detection equipment, fire doors, fire
barriers and fire protection equipment and other devices or measures for
controlling or fighting fires;
(g) requirements as to the protection of animals in the event of fire;
(h) the removal and rectification of fire hazards, the control of any rubbish or
trash of a combustible nature which may constitute a danger of fire on
premises;
(i) information to be recorded in a fire safety record pursuant to section 40;
(j) training relating to fire safety and protection that is suitable for persons
responsible for premises in the event of fire;
(k) conduct of risk surveys;
(l) the entry and inspection of premises to secure compliance with this Act;
(m) specifying the precautions to be used in landing, storing, handling and
transporting any dangerous commodity;
(n) any matter or measure which may from time to time be considered
expedient for fire safety and protection;
(o) such other matters as may be necessary or expedient for rendering the
Bermuda Fire and Rescue Service efficient in the discharge of its duties
under this Act, the Regulations or any other law.
(3) Regulations may include provisions relating to different types of premises or
different use of premises, as the case may be.
(4) Regulations made under this section may provide for offences, and penalties
may be imposed under such Regulations.
33
(5) Regulations made under this section shall be subject to the negative resolution
procedure.
Service of notices
51 (1) Notices or documents that are required to be served or delivered under this
Act may be served or delivered—
(a) personally;
(b) by registered mail to the owner or occupier’s usual or last-known address,
premises or his residence;
(c) by leaving the notice or document at the owner or occupier’s usual or last-
known address, premises or his residence;
(d) in accordance with subsection (2) or (3); or
(e) by any other method that provides proof of delivery or service.
(2) In the case of a body corporate, a notice or document may be served by
delivering it to the secretary at the registered or principal office of the body corporate or
by sending it in a registered letter addressed to the body corporate’s secretary at that office.
(3) If a notice or document is delivered by means of an information processing
system within the meaning given by section 2 of the Electronic Transactions Act 1999, the
transmission has the effect of delivery of the notice to the owner or occupier to whom it is
to be given only if he has indicated to the Bermuda Fire and Rescue Service his willingness
to receive a notice so transmitted.
(4) An indication under subsection (3) to the Bermuda Fire and Rescue Service—
(a) shall be given to the Bermuda Fire and Rescue Service in any manner it
requires;
(b) may be a general indication or one that is limited to notices of a particular
description;
(c) shall state the address to be used and must be accompanied by any other
information which the Bermuda Fire and Rescue Service requires for the
making of the transmission.
(5) If the making of the transmission has been recorded in the computer system
of the Bermuda Fire and Rescue Service it shall be presumed, unless the contrary is proved,
that the transmission—
(a) was made to the person recorded in that system as receiving it;
(b) was made at the time recorded in that system at the time of delivery;
(c) contained the information recorded on that system in respect of it.
34
(6) In the case of a notice, order or document which is to be given or served on

the person responsible for any premises, if—
(a) it is not practicable after reasonable enquiry to ascertain the name and
address of a person to or on whom it should be given or served;
(b) if the premises are unoccupied, it may be served by addressing it to the
person concerned by the description of “owner” or “occupier” of the
premises (naming them) to which it relates and delivering it to some person
on the premises or;
(c) if there is no person on the premises to whom it can be delivered, by
affixing it, or a copy of it, to some conspicuous part of the premises.
(7) For the avoidance of doubt, notices that are delivered under this Act are not
statutory instruments for the purposes of the Statutory Instruments Act 1977.
PART 9
AMENDMENTS
Amendment of Development and Planning Act 1974

52 Section 3 of the Development and Planning Act 1974 is amended by inserting the
following subsection after subsection (3)―
“(3A) The Chief Fire Officer shall be a member ex officio of the Board.”
Amendment of Bermuda Fire and Rescue Service Act 1982

53 Section 9 of the Bermuda Fire and Rescue Service Act 1982 is amended―
(a) in the heading, by deleting the word “Advisory”;
(b) in subsection (1)—
(i) in paragraph (a), by deleting “two” and substituting “one”;
(ii) by deleting paragraph (c) and substituting the following—
“(c) five shall be appointed by the Minister acting in his discretion and
of those five—
(i) one shall be an architect who is registered under the Architects
Registration Act 1969;
(ii) one shall be an engineer who is registered under the
Professional Engineers Registration Act 1972;
(iii) one shall be an interior designer;”
35
(c) by deleting subsection (5) and substituting the following subsection―
“(5) The Board―

(a) shall give advice to the Minister in relation to fire safety and
protection measures generally and as occasion requires with
respect to the duties of the Department under this Act;
(b) shall have such other duties, functions and responsibility as may
be imposed upon it by or under the Fire Safety Act 2014 and
Regulations made under that Act.”
Amendment of Government Fees Regulations 1976

54 The Schedule to the Government Fees Regulations 1976 is amended by inserting
after Head 29 the following—
“ Head 29AA
Fire Safety Act 2014
(1) Applying for a fire certificate under section 10 of the Fire Safety Act
2014
Class A Building less than 1000 square feet $250
Class B Building more than 1000 but less than 10,000 square feet $600
Class C Building more than 10,000 square feet $900
(2) Issuing a fire certificate under section 13 $175
(3) Renewing a fire certificate under section 16 $150
(4) Transfer of a certificate under section 17 $100 ”.
Consequential amendments
55 The statutory provisions set out in Column 1 of Schedule 2 are amended as set out
in Column 2 thereof.
PART 10
FINAL PROVISIONS
Savings
56 Except as otherwise provided in this Act, nothing in this Act shall be construed as
limiting or affecting any right of appeal, objection or other remedy or privilege given to any
person by any other law in force on the Commencement Date.
36
Transitional
57 (1) Where, immediately before the Commencement Date, there is in force a fire
certificate issued or deemed to be issued by the Chief Fire Officer under regulation 4(1) of
the Day Care Centre Regulations 1999 or pursuant to the provisions of any other enactment
with respect to premises (a “prior certificate”), the prior certificate shall continue in force
and be deemed―
(a) to be a fire certificate issued under section 13 of this Act with respect to
the premises in relation to which it was issued;
(b) to cover the use to which those premises were being put immediately
before a fire certificate becomes required by or under this Act; and
(c) to expire on the date set out in the prior certificate.
(2) Without prejudice to the generality of the foregoing, the prior certificate—
(a) may be amended, replaced or revoked in accordance with the provisions
of this Act; and
(b) may be treated as imposing in relation to the premises the like conditions
or requirements as were previously imposed in relation to fire safety at the
premises.
(3) Where immediately before the Commencement Date the person responsible
for premises was in possession of a valid licence issued by a licensing authority in respect
of his premises but there was no valid fire certificate in force relating to his premises, then
he may continue to use the premises without a fire certificate being issued under this
Act—
(a) during the period of two months beginning with the Commencement Date;
and
(b) if within that period—
(i) application is made for a fire certificate under section 10; and
(ii) a request is submitted for a survey of his premises under section 22,
until that application is finally disposed of or withdrawn, or fire safety requirements have
been concluded under section 25 with respect to the premises.
Commencement
58 (1) This Act comes into operation on a day to be appointed by the Minister by
notice published in the Gazette (the “Commencement Date”).
(2) The Minister may appoint different days for different provisions of the Act.
37
SCHEDULE 1
(Section 9(1))
PREMISES FOR WHICH FIRE CERTIFICATE IS REQUIRED
A fire certificate is required with respect to any premises which are, or part of
premises which is, used—
(a) for any purpose involving the provision of sleeping accommodations
primarily used by persons on a transient or permanent basis for lodging or
boarding with or without meals and with or without cooking facilities;
(b) as, or as part of, an institution or home providing medical or other
treatment or care;
(c) as a correctional or detention facility;
(d) as a workplace or as commercial premises;
(e) for purposes of entertainment or recreation or for purposes of any club,
society or association or similar purposes;
(f) as a church or other place of worship;
(g) for purposes of a victualling establishment;
(h) for purposes of education, teaching, training or research;
(i) for purposes of storage of goods, merchandise, products or vehicles;
(j) for the purpose of sheltering of animals;
(k) for any purpose involving access to premises by members of the public,
whether on payment or otherwise;
(l) for any other purpose that may be designated by the Minister by order
under section 9.
38
SCHEDULE 2
(section 54)
CONSEQUENTIAL AMENDMENTS
PART A
STATUTES
Column 1 Column 2
Legislation Amendment
1. Bermuda Fire and Rescue Service Act Section 17(1) of the Bermuda Fire and Rescue Service
1982 Act 1982 is amended by repealing paragraphs (a), (b),
(c), (d), (f), (g), (i) and (na).
2. Bermuda National Parks Act 1986 Section 25 of the Bermuda National Parks Act 1986 is
amended by deleting the semicolon and substituting a
full stop at the end of paragraph (q) of subsection (1),
and inserting the following subsection after subsection
(1)—
“(1A) The Minister shall consult the Chief Fire Officer
before he exercises his power under subsection
(1)(n) to make Regulations controlling the use
of fire in a protected area.”.
3. Building Act 1988 Section 22 of the Building Act 1988 is amended by
inserting the following subsection after subsection (1)—
“(1A) Where owing to the occurrence of fire the
Minister decides to cause the building or part of
the building to be demolished he shall first
consult the Chief Fire Officer regarding fire
safety matters.”.
4. Building Act 1988 Section 23A(3) of the Building Act 1988 is amended—
(a) in paragraph (a), by deleting the word “and”
where it appears after the semicolon; and
(b) by inserting after paragraph (a), the following
paragraph—
“(aa) the Chief Fire Officer regarding fire safety
matters; and”.
5. Building Authority Act 1962 Section 2 of the Building Authority Act 1962 is amended
by inserting after the word “may” the words “, in
consultation with the Chief Fire Officer,”.
6. Children Act 1998 Section 73(1) of the Children Act 1998 is amended by
inserting after the words “education officers” the words,
“; and the Minister may, where fire safety is concerned,
request a Fire Inspector appointed by the Chief Fire
39
Officer under section 28(1) of the Fire Safety Act 2014

to act as an inspector for the purposes of this Part”.
7. Civil Airports Act 1949 Section 6(2)(j) of the Civil Airports Act 1949 is amended
by inserting after the word “airport” the words, “; and
the Minister shall consult the Chief Fire Officer before he
makes such regulations”.
8. Clean Air Act 1991 Section 2 of the Clean Air Act 1991 is amended in
paragraph (e) of the definition of “inspector”, by
inserting after the words “any fire officer,” the words “ or
a Fire Inspector appointed under section 28(1) of the
Fire Safety Act 2014”.
9. Clean Air Act 1991 Section 11(1)(ha) of the Clean Air Act 1991 is amended
by inserting after the word “prescribing” the words “,
after consultation with the Chief Fire Officer,”.
10. Condominium Act 1986 Section 6 of the Condominium Act 1986 is amended by
inserting after paragraph (i) the following paragraph―
“(ia) be accompanied by a fire certificate issued by the
Chief Fire Officer under section 13 of the Fire
Safety Act 2014 or by written confirmation from
the Chief Fire Officer that he has surveyed the
premises and concluded fire safety requirements
under Part 4 of that Act.”.
11. Development and Planning Act 1974 Section 17(1) of the Development and Planning Act 1974
is amended by inserting the following after paragraph
(a)―
“(aa) shall not grant planning permission under this Act
unless the application is accompanied by a fire
certificate issued by the Chief Fire Officer under
section 13 of the Fire Safety Act 2014 or by
written confirmation from the Chief Fire Officer
that he has surveyed the premises and concluded
fire safety requirements under Part 4 of that Act,
as the case may be;”.
12. Development and Planning Act 1974 Section 29(1) of the Development and Planning Act 1974
is amended by inserting after the words “this section” the
words “and a fire certificate issued by the Chief Fire
Officer under section 13 of the Fire Safety Act 2014 or
by written confirmation from the Chief Fire Officer that
he has surveyed the premises and concluded fire safety
requirements under Part 4 of that Act, as the case may
be”.
13. Dockyard Port Act 1905 Section 2(1) of the Dockyard Port Act 1905 is amended
by inserting after the word “may” the words “, after
40
14. Explosive Substances Act 1974 Section 1(1) of the Explosive Substances Act 1974 is
amended by inserting the following definition in the
appropriate alphabetical order—
“ “Chief Fire Officer” means the person who holds the

public office of Chief Fire Officer pursuant to the
provisions of the Bermuda Fire and Rescue Service Act
1982 and includes a person appointed to act in such
office;”.
15. Explosive Substances Act 1974 Section 15 of the Explosive Substances Act 1974 is
amended by inserting after the words “in accordance
with the provisions of the regulations” the words “, in
accordance with the provisions of the Fire Safety Act
2014”.
16. Explosive Substances Act 1974 Section 17(1) of the Explosive Substances Act 1974 is
amended by inserting after the word “Commissioner”
wherever it appears the words “and the Chief Fire
Officer”.
17. Explosive Substances Act 1974 Section 26 of the Explosive Substances Act 1974 is
amended by inserting the following subsection after
subsection (1)—
in relation to fire safety matters before he
exercises his power under subsection (1)(b) to
(e) and (h).”.
18. Hotels (Licensing and Section 7 of the Hotels (Licensing and Control) Act 1969
Control) Act 1969 is amended by deleting the words “may defer” and
substituting the words “shall defer”.
19. Hotels (Licensing and Section 11 of the Hotels (Licensing and Control) Act 1969
Control) Act 1969 is amended by inserting after paragraph (a) the following
paragraph—
“(aa) that the applicant has complied with the
provisions of the Fire Safety Act 2014;”.
20. Hotels (Licensing and Section 16(2) of the Hotels (Licensing and Control) Act
Control) Act 1969 1969 is amended by deleting the words “may consult”
and substituting the words “shall consult”.
21. Timesharing (Licensing and Control) Section 9 of the Timesharing (Licensing and Control) Act
Act 1981 1981 is amended by deleting the words “may defer” and
substituting the words “shall defer”.
22. Timesharing (Licensing and Control) Section 10 of the Timesharing (Licensing and Control)
Act 1981 Act 1981 is amended by inserting after paragraph (a) the
following paragraph—
“(aa) that the applicant has complied with the
provisions of the Fire Safety Act 2014;”.
41
23. Timesharing (Licensing and Control) Section 28(2) of the Timesharing (Licensing and Control)
Act 1981 Act 1981 is amended by deleting the words “may
consult” and substituting the words “shall consult”.
PART B
STATUTORY INSTRUMENTS
Column 1 Column 2
Legislation Amendment
24. Bermuda National Parks Regulations Regulation 11 of the Bermuda National Parks
1988 Regulations 1988 is amended by inserting the following
paragraph after paragraph (1) the following―
before he grants a permit under paragraph
(1).”.
25. Building Authority (Fire Precautions) Regulation 1 of the Building Authority (Fire Precautions)
Regulations 1962 Regulations 1962 is amended by inserting after the
words “the Building Authority or any or its officers” the
words “or a Fire Inspector appointed under section
28(1) of the Fire Safety Act 2014”.
words “the Building Authority” the words “, in
Regulations 1962 Regulations 1962 is amended—
(a) by inserting after the words “Building Control
Officer” the words “and the Chief Fire Officer”;
(b) by inserting after the words “Building
Authority” the words “and the Chief Fire
Officer”;
(c) by inserting after the words “other systems of
fire-escapes” the words “in accordance with the
provisions of the Fire Safety Act 2014”.
28. Building Authority (Petroleum) Regulation 16A(3) of the Building Authority (Petroleum)
words “for reasonable cause” the words “if he is satisfied
that the applicant has not complied with the provisions
of the Fire Safety Act 2014”.
29. Building Authority (Public Buildings) Regulation 1 of the Building Authority (Public Buildings)
words “Building Authority” the words “in consultation
with the Chief Fire Officer regarding fire safety matters”.
42
30. Building Code Regulations 1991 Where in the Building Code Regulations 1991 the words
“NFPC” or the “National Fire Prevention Code” appear,
the word “NFPA” shall be substituted therefor.
31. Cable Television Service Regulations Regulation 31 of the Cable Television Service
1987 Regulations 1987 is amended by deleting the words “fire
service department” and substituting the words
“Bermuda Fire and Rescue Service”.
32. Care and Protection of Animals Regulation 2(1) of the Care and Protection of Animals
(Commercial Horse Stables) (Commercial Horse Stables) (Licensing) Regulations
(Licensing) Regulations 2005 2005 is amended by inserting the following definition in
the appropriate alphabetical order—

office;”.
33. Care and Protection of Animals Regulation 13 of the Care and Protection of Animals
(Commercial Horse Stables) (Commercial Horse Stables) (Licensing) Regulations
(Licensing) Regulations 2005 2005 is amended—
(a) in paragraph (5) by deleting the words “National
Fire Code Number 70” and substituting the words
“NFPA 70 — National Electrical Code in
accordance with section 7 of the Fire Safety Act
2014”;
(b) in paragraph (7)—
(i) by deleting the words “the Bermuda Fire
Service” where they first appear and
substituting the words “the Chief Fire
Officer in accordance with the provisions of
the Fire Safety Act 2014”; and
(ii) by deleting the words “the Bermuda Fire
Service” where they last appear and
substituting the words “the Chief Fire
Officer”;
(c) in paragraph (8) by deleting the words “the
Bermuda Fire Service” and substituting the
words “the Chief Fire Officer in accordance with
the provisions of the Fire Safety Act 2014”;
(d) in paragraph (9) by deleting the words “the
Bermuda Fire Service” and substituting the
words “the Chief Fire Officer in accordance with
the provisions of the Fire Safety Act 2014”.
43
34. Day Care Centre Regulations 1999 Regulation 4(1) of the Day Care Centre Regulations
1999 is amended by inserting after the words “the Chief
Fire Officer” the words “in accordance with the
provisions of the Fire Safety Act 2014”.
35. Day Care Centre Regulations 1999 Regulation 11(1)(o) of the Day Care Centre Regulations
1999 is amended by inserting after the words “to the
satisfaction of the Chief Fire Officer”, the words “in
2014”.
36. Education (Applications for The Schedule to the Education (Applications for
Registration of Schools) Rules 1987 Registration of Schools) Rules 1987 is amended by
deleting paragraph 10 from the form and substituting
the following—
“10. HAS THE BUILDING BEEN INSPECTED BY THE
CHIEF FIRE OFFICER OR A FIRE INSPECTOR?
YES/NO
If so, state the date of inspection and attach a
copy of the report and the fire certificate issued,
or fire safety requirements concluded, by the
Chief Fire Officer under the provisions of the Fire
Safety Act 2014.”.
37. Education (Tutorial Sites) Rules 2003 Rule 10 of the Education (Tutorial Sites) Rules 2003 is
amended by inserting after the words “the Minister
responsible for planning” the words “and the Chief Fire
Officer”.
amended by inserting after the words “Fire Services”,
the words “or the Chief Fire Officer, in accordance with
the provisions of the Fire Safety Act 2014,”.
amended by inserting after the words “approved by the
Minister responsible for Fire Services” the words “and
the Chief Fire Officer in accordance with the provisions
of the Fire Safety Act 2014.”.
40. Education (Tutorial Sites) Rules Rule 13 of the Education (Tutorial Sites) Rules 2003 is
2003 amended by inserting after the words “Fire Services”, the
words “or the Chief Fire Officer, in accordance with the
provisions of the Fire Safety Act 2014,”.
41. Education (Tutorial Sites) Rules Rule 14 of the Education (Tutorial Sites) Rules 2003 is
2003 amended by inserting the following paragraphs after
paragraph (1)—
44
“(1A) The record kept by the operator pursuant to

paragraph (1) shall contain the matters referred
to in section 40 of the Fire Safety Act 2014.
(1B) The record shall be produced for inspection, upon
request, by the Chief Fire Officer or any person
authorized by him to make such request.”.
42. Explosive Substances (General) Regulation 4 of the Explosive Substances (General)
Regulations 1975 Regulations 1975 is amended by inserting the following
paragraph after paragraph (2)—
“(2A) Where the Minister issues a written requisition to
a licence holder under paragraph (1), he shall
forthwith give notice to the Chief Fire Officer of
such requisition, together with such other
particulars relating to the requisition as the Chief
Fire Officer may require for the purposes of duties
and powers conferred on him by the Fire Safety
Act 2014.”
Regulations 1975 Regulations 1975 and its heading are amended by
inserting after the word “Commissioner” wherever it
appears the words “and the Chief Fire Officer”.
Regulations 1975 Regulations 1975 is amended by inserting after the words
“being the Code” the words “that applies pursuant to
section 7 of the Fire Safety Act 2014”.
Regulations 1975 Regulations 1975 is amended by inserting after the word
“Minister” the words “, after consultation with the Chief
Fire Officer,”.
46. Explosive Substances (General) Regulation 35(3) of the Explosive Substances (General)
word “Commissioner” the words “and the Chief Fire
Officer”.
47. Explosive Substances (General) Regulation 54(c) of the Explosive Substances (General)
words “Commissioner” the words “or the Chief Fire
Officer”.
48. Hamilton Public Entertainments Paragraph 2 of the Hamilton Public Entertainments
(Control) Ordinance 1928 (Control) Ordinance 1928 is amended by inserting after
the words “Corporation of Hamilton” the words “, who
shall first consult with the Chief Fire Officer as regards
fire safety measures”.
49. Hamilton Public Entertainments Paragraph 3(c) of the Hamilton Public Entertainments
45
the word “precautions” the words “, including fire

precautions,”.
50. Hotels (Licensing and Control) Regulation 5(1) of the Hotels (Licensing and Control)
“sufficient” the words “, in the opinion of the Chief Fire
Officer in accordance with the provisions of the Fire
Safety Act 2014,”.
51. Hotels (Licensing and Control) Regulation 6 of the Hotels (Licensing and Control)
Regulations 1976 Regulations 1976 is amended by deleting the words “in
accordance with the life safety code of the Bermuda Fire
and Rescue Service” and substituting the words “in
accordance with NFPA Life Safety Code 101 in
accordance with the Fire Safety Act 2014.”.
“protected” the words “, in accordance with the
words “a fire certificate issued by the Chief Fire Officer”
the words “, in accordance with the provisions of the Fire
Safety Act 2014,”.
“maintained” the words “in accordance with the
provisions of the Fire Safety Act 2014.”.
Regulations 1976 Regulations 1976 is amended by inserting after
paragraph (1) the following paragraphs——
“(1A) Rules made under paragraph (1) shall not be
inconsistent with the provisions of the Fire
Safety Act 2014.
(1B) The Statutory Instruments Act 1977 shall not
apply with respect to Rules made under this
regulation.”.
“precautions” the words “, in accordance with the
Regulations 1976 Regulations 1976 is amended as follows—
(a) by deleting the words “Log book” from the
heading and substituting the words “Record to
be kept”;
46
(b) by deleting the words “log book” where they first

appear and substituting the words “record in
such form as may be approved by the Chief Fire
Officer pursuant to section 40(1) of the Fire
Safety Act 2014”; and
(c) by deleting the words “such a log book” and
substituting the words “such record”.
“maintained” the words “, in accordance with the
59. Liquefied Petroleum Gases (Handling, Regulation 2 of the Liquefied Petroleum Gases
Storage, Supply and Transport) (Handling, Storage, Supply and Transport) Regulations
Regulations 1988 1988 is revoked and the following substituted―
“NFPA 58 and NFPA 15
2 (1) In these Regulations, “NFPA” has the
meaning assigned to that expression in
section 2 of the Fire Safety Act 2014.
(2) The provisions of NFPA 58 — Liquified
Petroleum Gas Code and NFPA 15 —Water
Spray Fixed Systems for Fire Protection in
accordance with section 7 of the Fire Safety
Act 2014, shall apply in relation to these
Regulations.”.
Regulations 1988 1988 is amended by deleting paragraph (3) and
substituting the following paragraphs―
“(3) Subject to paragraph (3A), the Minister may
approve the application; or where he is not
satisfied as to the suitability of the location or the
equipment of the plant, reject the application.
(3A) The Minister shall not issue a licence under these
Regulations unless he receives a fire certificate
issued by the Chief Fire Officer under section 13
of the Fire Safety Act 2014, or written
confirmation from the Chief Fire Officer that he
has surveyed the premises and concluded fire
safety requirements under Part 4 of that Act, as
the case may be.”.
substituting the following―
47
“(3) Subject to paragraph (3A), the Minister may,

after consultation with the Chief Fire Officer,
approve the application; or where he is not
approve the application or where he is not
safety requirements under Part 4 of that Act.”.
63. Liquefied Petroleum Gases (Handling, Regulation 20(1) of the Liquefied Petroleum Gases
Regulations 1988 1988 is amended by inserting after the words “the Chief
Fire Officer” the words “, in accordance with the
approve or reject the application.
(3A) The Minister shall not issue a licence under
these Regulations unless he receives a fire
certificate issued by the Chief Fire Officer under
section 13 of the Fire Safety Act 2014, or written
48

65. Marine and Ports Authority The Marine and Ports Authority (Fire Prevention)
(Fire Prevention) Regulations 1967 Regulations 1967 are amended in regulations 2, 6 and
7, by inserting after the word “Minister” the words “,
who shall first consult with the Chief Fire Officer
appointed under the provisions of the Bermuda Fire and
Rescue Service Act 1982 as regards fire safety
measures”.
66. Marine Board (Island Boats) The Marine Board (Island Boats) Regulations 1965 are
Regulations 1965 amended by inserting the following regulation after
regulation 7―
“(7A) The Minister shall not approve a fire
extinguisher for the purposes of these
Regulations unless he is satisfied, after
consultation with the Chief Fire Officer, that the
fire extinguisher complies with the provisions of
the Fire Safety Act 2014.”.
67. Occupational Safety and Health Regulation 2 of the Occupational Safety and Health
Regulations 2009 Regulations 2009 is amended by inserting the following
definitions in the appropriate alphabetical order―
office;
“NFPA” means the National Fire Protection Association
referred to in section 2 of the Fire Safety Act 2014;
“NFPA Codes” has the meaning assigned to that
expression in section 7 of the Fire Safety Act 2014;”.
68 Occupational Safety and Health Regulation 40 of the Occupational Safety and Health
words “set out in” the words “the Fire Safety Act 2014
and”.
69. Occupational Safety and Health Regulation 80(1) of the Occupational Safety and Health
words “fire protection equipment” the words “as that
expression is defined in section 2 of the Fire Safety Act
2014”.
words “carried out by a” the words “Fire Inspector
49
appointed under section 28(1) of the Fire Safety Act

2014 or by another”.
Regulations 2009 Regulations 2009 is amended by deleting the words “the
standards set out in the United States National Fire
Prevention Association Inc. publication NFPA 77-1983,
Recommended Practice on Static Electricity” and
substituting the words “NFPA 77 — Recommended
Practice on Static Electricity, in accordance with section
7 of the Fire Safety Act 2014.”.
72. Public Garage and Filling Regulation 4(1) of the Public Garage and Filling Station
Station Regulations 1952 Regulations 1952 is amended by inserting after
paragraph (b) the following―
“(ba) shall be accompanied by a fire certificate issued
by the Chief Fire Officer under section 13 of the
Fire Safety Act 2014, or written confirmation
from the Chief Fire Officer that he has surveyed
the premises and concluded fire safety
requirements under Part 4 of that Act, as the
case may be;”.
73. Public Garage and Filling Regulation 16(2) of the Public Garage and Filling Station
Station Regulations 1952 Regulations 1952 is amended by inserting after the
words “the Minister” the words “, after consultation with
the Chief Fire Officer,”.
74. Residential Care Homes and Nursing Regulation 2 of the Residential Care Homes and Nursing
Homes Regulations Homes Regulations 2001 is amended by inserting the
2001 following definition in the appropriate alphabetical
order—
““Chief Fire Officer” means the person who holds the
office;”.
75. Residential Care Homes and Nursing Regulation 32(1) of the Residential Care Homes and
Homes Regulations Nursing Homes Regulations 2001 is amended by
2001 inserting after the word “emergency” the words “in
2014”.
2001 inserting after the words “exit signs” the words “in
2014”.
77. Residential Care Homes and Nursing Regulation 35 of the Residential Care Homes and
50
2001 inserting after the word “maintained” the words “in

2014”.
2001 inserting after the words “to floor” the words “, in
2014”.
2001 inserting after the word “accessible” the words “in
2014”.
Homes Regulations Nursing Homes Regulations 2001 is amended as
2001 follows―
(a) by inserting in paragraph (1), by inserting
after the words “in home rules” the words
“approved by the Chief Fire Officer”;
(b) by inserting after paragraph (1) the following
paragraphs—
“(1A) Rules made under paragraph (1) shall comply
with the provisions of the Fire Safety Act
2014.
regulation.”.
2001 inserting after the words “an operator shall” the words
“, in accordance with the provisions of the Fire Safety
Act 2014,”.
2001 inserting after the words “Fire Procedure Rules“, the
words “and the provisions of the Fire Safety Act 2014”.
Homes Regulations Nursing Homes Regulations 2001 is amended—
2001
be kept”;
(b) by deleting the words “log book” and substituting
the word “record in such form as may be
51
approved by the Chief Fire Officer pursuant to

section 40(1) of the Fire Safety Act 2014”;
(c) by inserting after the word “outbreak” where it
appears at the end of that section, the words “;
and such a record shall be produced for
inspection, upon request, by the Chief Fire
Officer or any person authorised by him to make
such request.”.
84. Residential Care Homes and Nursing The Residential Care Homes and Nursing Homes
Homes Regulations Regulations 2001 are amended by deleting paragraph
2001 (3) of Regulation 44 and substituting the following—
“(3) The contingency plan shall be approved by the
Chief Medical Officer and the Chief Fire Officer
and shall be placed in conspicuous locations
within the home”.
85. St. George’s Public Entertainments Article 2 of the St. George’s Public Entertainments
(Control) Ordinance 1949 (Control) Ordinance 1949 is amended by inserting the
following definition in the appropriate alphabetical
order—

office;”.
86. St. George’s Public Entertainments The St. George’s Public Entertainments (Control)
(Control) Ordinance 1949 Ordinance 1949 is amended by inserting after article
3(3) the following―
“(4) The Corporation may refuse to issue an
entertainment licence under this Ordinance until
after it has consulted the Chief Fire Officer
regarding fire safety requirements under the Fire
Safety Act 2014.”.
87. St. George’s Public Entertainments Article 4(1)(b) of the St. George’s Public Entertainments
the word “entertainment” the words “, including fire
precautions,”.
88. Timesharing (Licensing and Control) Regulation 3(a) of the Timesharing (Licensing and
Regulations 1982 Control) Regulations 1982 is amended by inserting after
the words “Chief Fire Officer” the words “who shall
ensure compliance with the provisions of the Fire Safety
Act 2014 and Regulations made thereunder”.
89. Timesharing (Licensing and Control) Regulation 7 of the Timesharing (Licensing and Control)
words “adequate fire alarm facilities” the words “, in
52

2014,”.
90. Timesharing (Licensing and Control) Regulation 9 of the Timesharing (Licensing and Control)
words “and maintained” the words “, in accordance with
the provisions of the Fire Safety Act 2014,”.
91. Timesharing (Licensing and Control) Regulation 10 of the Timesharing (Licensing and
the words “Chief Fire Officer” the words “, in accordance
with the provisions of the Fire Safety Act 2014,”.
92. Timesharing (Licensing and Control) Regulation 11(1) of the Timesharing (Licensing and
the word “therein” the words “in accordance with the
paragraph (1) the following paragraphs—
“(1A) Rules made under sub-paragraph (1) shall
comply with the provisions of the Fire Safety
Act 2014.
regulation.”.
Regulations 1982 Control) Regulations 1982 is amended as follows—
be kept”;
(b) by deleting the words “log book” where they
first appear and substituting the words “record
in such form as may be approved by the Chief
Fire Officer pursuant to section 40(1) of the
Fire Safety Act 2014”; and
(c) by deleting the words “such a log book” and
substituting the words “such record”.
the word “thereof” the words “, and has inspected the
premises in accordance with the provisions of the Fire
Safety Act 2014”.
[Assent Date: 17 December 2014]
53

Bermuda Fire Safety Act 2014

Uploaded by

Copyright:

Available Formats

Bermuda Fire Safety Act 2014

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Bermuda Fire Safety Act 2014

Uploaded by

Copyright:

Available Formats

QU

FIRE SAFETY ACT 2014

19 Changes affecting adequacy of fire certificate

WHEREAS it is expedient in the interest of public safety to create a régime

(a) prescribed by Regulations; or

Binding on the Crown

Adoption of NFPA Codes

Minister may issue supplemental fire safety codes

(a) officers of the Department of Planning, the Department of Works and

Fire certificate required in connection with certain use of premises

Application for fire certificate

(b) if the premises consists of part of a building, to furnish him, in so far as it

Issue of fire certificate

Contents of fire certificate

Duration of fire certificate; display

Renewal of fire certificate

Transfer of fire certificate

Refusal of fire certificate

Changes affecting adequacy of fire certificate

(b) proposes to make a material alteration in the internal arrangement of his

Record of fire certificates and certified plans

Survey of fire risk

Arrangements for survey of fire risk

Power to enter and carry out risk survey

Supplemental powers of entry: risk survey

Fire safety requirements

Action pursuant to risk survey

(a) specifying the date of issue;

Powers of Fire Inspectors

Powers of entry and inspection

Supplemental powers of entry: enforcement

Definition of “potentially dangerous premises” and “apparently responsible

(iii) for the automatic detection of an outbreak of fire;

Supplementary powers of enforcement

Assistance to Fire Inspectors

Protection from liability

or reported or said in the performance or intended performance of their functions under

Duty to take fire precautions

Duty to report fire and fire alarm

Fire safety record to be kept

Elimination or reduction of risks from dangerous commodities

Offences by body corporate

Proceedings for offences

Appeal to Fire Services Board

(7) In this section the “relevant date” means—

Duty of licensing authority to consult Bermuda Fire and Rescue Service

Amendments to regulations and instruments about fire safety

(6) In the case of a notice, order or document which is to be given or served on

Amendment of Development and Planning Act 1974

Amendment of Bermuda Fire and Rescue Service Act 1982

(c) by deleting subsection (5) and substituting the following subsection―

“(5) The Board―

Amendment of Government Fees Regulations 1976

Officer under section 28(1) of the Fire Safety Act 2014

“ “Chief Fire Officer” means the person who holds the

“ “Chief Fire Officer” means the person who holds the

“(1A) The record kept by the operator pursuant to

the word “precautions” the words “, including fire

(b) by deleting the words “log book” where they first