FIRE SERVICE: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Fire Service Regulations

FIRE SERVICE REGULATIONS

 

(section 14)

 

(17th February, 1995)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Ranks and uniforms of members of fire brigades

 

   3.   Promotion Examination Board

 

   4.   Salary scales

 

   5.   Requirements for members

 

   6.   Hours of work

 

   7.   Extra duty allowances

 

   8.   Leave

 

   9.   Compensation and insurance

 

   10.   Disciplinary offences

 

   11.   Suspension and half salary

 

   12.   Hearing of charge

 

   13.   Fireman drivers

 

   14.   Appeals

 

   15.   Proceedings in absence of accused member

 

   16.   Representation

 

   17.   Housing for firemen

 

 

 

      First Schedule - Ranks and Qualifications

 

      Second Schedule - Uniforms

 

      Third Schedule - Disciplinary Offences

 

 

S.I. 8, 1995,
S.I. 68, 2007.

 

1.   Citation

   These Regulations may be cited as the Fire Service Regulations.

 

2.   Ranks and uniforms of members of fire brigades

   (1) The ranks of personnel comprising the Fire Service, and the qualifications for such ranks, shall be as specified in the First Schedule:

   Provided that a person may, where a vacancy in the establishment of a brigade exists, be appointed to act in the rank immediately above that for which he is qualified, for a total period of not more than 12 months.

   (2) Promotion in rank shall be dependent upon passing the appropriate promotion examination, and conditional on there being the appropriate vacancy in the establishment of the Fire Service.

   (3) The uniforms to be issued to members of the Fire Service shall be as set out in the Second Schedule appropriate to the rank of the member concerned, and the wearing of uniforms shall be in accordance with the practice or instructions of the fire brigade concerned.

   (4) Uniforms issued under the provisions of this regulation shall remain the property of the Fire Service and shall be returned to the Fire Service upon request, or upon termination of the service of the member concerned.

   (5) Uniforms shall be maintained in a clean and well ordered condition, and any brigade member who, in the opinion of the officer in charge of the brigade, through his negligence or neglect, renders his uniform unfit for use as required, shall be provided with a replacement, and the cost thereof shall be withheld from his salary.

 

3.   Promotion Examination Board

   (1) The Director shall establish from among suitable fire officers a board to be known as the Promotion Examination Board, which shall consist of an odd number of members, being not less than seven, with himself as the chairman.

   (2) The Promotion Examination Board shall be responsible for determining the syllabuses for, and arranging the conduct of, and the marking of, examinations for promotions within the Fire Service.

 

4.   Salary scales

   The salary scale payable to each rank in the Fire Service shall be as determined by the Establishment Secretary:

   Provided that, in recognition of the fact that firemen may be required to work outside normal hours of work, a new member may be placed on the scale appropriate to his rank at a point above the normal commencing salary for such rank.

 

5.   Requirements for members

   Preference shall be given in the recruitment of members of the Fire Service to persons who-

 

   (a)   are citizens of Botswana;

 

   (b)   are aged between 18 and 30 years of age;

 

   (c)   are mentally and physically fit, and suffer no physical handicap; and

 

   (d)   are of good character.

 

6.   Hours of work

   (1) The normal working hours of firemen shall be 40 hours per week, but they may be required to serve a period of up to 9 hours per day on duty, with reasonable breaks for meals, and they shall, except in exceptional circumstances, be entitled to at least a whole 24 hour period off duty per week.

   (2) Notwithstanding subregulation (1) firemen shall respond to emergency calls whenever they are required to do so, even during off duty periods or during meal breaks, and they may be called upon to perform additional duties beyond normal hours of work in the event of such circumstances, which may include shortage of staff, as the officer in charge at the time considers justification for such action:

   Provided that a member may, for reasons of ill health, the onus of proving which shall be on him, be excused from such emergency calls or additional duties.

   (3) Whilst on duty, whether during normal working hours or during emergency calls or during periods of additional duty, members shall perform all lawful orders given by a superior officer in the Fire Service.

   (4) Whilst on duty attending to fires, members may be provided with such meals/refreshments as the appropriate Council considers necessary or desirable in the circumstances.

 

7.   Extra duty allowances

   Chief fire officers and below called upon to perform additional duties beyond normal hours of work shall be entitled to an overtime allowance at such rate as may be determined by the Establishment Secretary.

 

8.   Leave

   (1) Members' entitlement to leave and the conditions applicable thereto shall be governed by the General Orders applicable to Unified Local Government Service employees.

   (2) Sick leave shall be granted in accordance with General Orders applicable to Unified Local Government Service employees:

   Provided that all such sickness must be certified by a medical practitioner before qualifying for sick leave.

 

9.   Compensation and insurance

   Any member of a fire brigade who is injured in the course of the performance of his duties shall be entitled to compensation under the Workmens Compensation Act.

 

10.   Disciplinary offences

   (1) A member of a fire brigade who commits any of the acts set out in the Third Schedule shall be guilty of an offence against discipline, and liable to such of the punishments specified in regulation 12 as the senior fire officer of the brigade considers appropriate.

   (2) Where a member of a fire brigade is to be charged with an offence against discipline, the senior fire officer shall cause him to be informed, in writing, of the charge, together with any particulars, including copies of any report, complaint or other written allegation upon which the charge may be based.

   (3) The member concerned shall be required to state in writing within a period of not less than 14 days whether he admits or denies the charge and the allegations made against him, whether he wishes to offer any explanation, and to give the names and addresses of any witnesses he would like to give evidence on his behalf.

   (4) If the member concerned denies the charge, and the senior fire officer is not satisfied with any explanation offered, he may be ordered to appear at a hearing of the case together with his witnesses.

   (5) Any such witness who is a member of the fire brigade shall be ordered to attend at the hearing of the matter, and any other witness shall be given due notice of the time and place of the hearing, and asked to attend.

 

11.   Suspension and half salary

   (1) Any member who is placed on a charge against discipline may be suspended from duty by the senior officer of the brigade if, in the opinion of the said officer, his participation in the activities of the brigade is likely to affect the performance or the morale of the brigade.

   (2) Any member who is so suspended from duty shall be paid only half of his normal salary during the period of suspension:

   Provided that if he is absolved of guilt on such charge at subsequent hearings, he shall be entitled to be paid that portion of his salary that was withheld.

 

12.   Hearing of charge

   (1) The senior fire officer of the brigade may hear the charge himself, or may direct any other officer or officers of the brigade, being not lower in rank than the accused member, to hear it, or to sit with him as assessors.

   (2) As soon as possible after the conclusion of the hearing, the accused member shall be informed, in writing, of the decision reached and any punishment awarded.

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