Fire Serv
*See Note on page 2
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–4 ..
5–12 ..
13–16 ..
17–28 ..
29–42 ..
43–112 ..
113 ..
106/1983
107/1983
176/1984
5 of 1985
169/1993
3 of 1994
*10 of 1997
20 of 1997
17/2000
22 of 2006
*13 of 2010
*2 of 2012
124/1966
10 of 1968
268/1971
217/1973
5 of 1974
42 of 1975
186/1976
208/1977
45 of 1979
63/1980
31/1982
94/1982
40/1983
Act
31 of 1965
Amended by
LAWS OF TRINIDAD AND TOBAGO
FIRE SERVICE ACT
CHAPTER 35:50
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2 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
Index of Subsidiary Legislation
Page
Fire Service (Terms and Conditions of Employment) Regulations (LN 267/1998) 43
Note on Subsidiary Legislation
1. Section 10 of the Law Revision (Miscellaneous Amendments) (No. 1.) Act 1979
(No. 45 of 1979) provides that notwithstanding the repeal of the Colonial Fire Brigade Long
Service Medal Regulations 1958 (GN 17/1958), any medal or clasp granted under those
Regulations shall continue to be as valid and effective, and may be worn and used by the
persons entitled to do so under those Regulations in all respects as if those Regulations were
still in force.
2. The Remuneration (Fire Service) Order, LN 140/1982 has been omitted because the
Order is of a temporary character.
3. The Fire Brigade (Volunteer Sections) Regulations (RG 21.2.42) (1950 Edition
Vol. VIII p. 301) which have been saved by section 34(2) of this Act have been omitted.
4. For other Regulations relating to the Fire Service, see regulations 146 to 163 of the
Public Service Commission Regulations, 1966 (GN 132/1966) published as subsidiary
legislation to the Constitution of the Republic of Trinidad and Tobago Act (Chapter 1:01).
5. The Fire Service (Code of Conduct) Regulations (LN 75/1990) was revoked by
LN 267/1998.
Note on Act No. 10 of 1997
Section 6 of Act No. 10 of 1997 provides as follows:
“6. (1) Section 7(1) of the Act is amended by deleting paragraphs (c) and (d).
(2) Notwithstanding subsection (1), an Order made under paragraph (c) or (d) of
section 7(1) of the Act that was in force immediately prior to the commencement of this
Act shall continue to remain in force.”.
Note on Act No. 13 of 2010
By section 26 of Act No. 13 of 2010 amendments made to Schedule 5 took effect from
1st September 2010. Further, by section 25, all payments made between 1st September 2010
and 1st January 2011 have been validated.
Note on Act No. 2 of 2012
The provisions of section 19A inserted by Act No. 2 of 2012 took effect from 1st October 2011.
UNOFFICIAL VERSION
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Fire Service Chap. 35:50 3
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L.R.O.
CHAPTER 35:50
FIRE SERVICE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
ESTABLISHMENT, OBJECTS AND STRUCTURE OF
THE FIRE SERVICE
3. Establishment of Fire Service.
3A. Purposes of Fire Service.
3B. Private functions.
CLASSIFICATION AND DIVISION OF
THE FIRE SERVICE
4. Classification of Offices.
5. Divisions of Fire Service.
6. Composition of respective Divisions.
7. Remuneration Orders.
8. Delegation by Chief Fire Officer.
TENURE
9. Tenure of office.
10. Term appointments.
11. Resignation.
12. Fire officers and voting.
13. Fire officers and political activities.
14. Public statements by fire officers on certain matters.
15. Fire officers to take oath of office and secrecy.
TERMINATION
16. Modes of leaving Fire Service.
RETIREMENT, PENSIONS, GRATUITIES
17. Age of retirement for fire officers.
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LAWS OF TRINIDAD AND TOBAGO
18. Pensions, gratuities and other allowances.
PART II
DUTIES OF THE PERSONNEL DEPARTMENT IN
RELATION TO THE FIRE SERVICE
19. Powers and duties of the Department.
Consideration of recommendation on pay rates.
Consultation with organisations.
19A. Duty allowance.
20. Department in negotiations subject to direction of Minister of Finance.
21. Consultation with association of fire officers.
22. Where no agreement reached on proposals of association.
23. Department to submit proposals to association for approval.
24. Agreement reached with Department.
25. Disputes to be referred to Special Tribunal.
PART III
FUNCTIONS OF SPECIAL TRIBUNAL IN RELATION
TO FIRE SERVICE
26. Special Tribunal established.
27. Awards to be binding on parties for fixed period.
PART IV
FIRE SERVICE ASSOCIATIONS
28.
29.
30. Representation of fire officers.
31. Regulations governing recognition.
32. Association to make rules.
33. Complaints by members of association.
GENERAL
34. Regulations for the Fire Service.
35. Duties of fire officers.
36. Powers of arrest.
ARRANGEMENT OF SECTIONS—Continued
SECTION
(Repealed by Act No. 10. of 1997).}
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Fire Service Chap. 35:50 5
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
PART V
SUPPLY OF WATER FOR FIREFIGHTING
37. Duty of Chief Fire Officer to ensure supply of water for firefighting.
38. Supply of water by Water and Sewerage Authority.
39. Penalty for failure by Authority to comply with obligations.
40. Notice to be given of proposed works affecting water supply and
fire hydrants.
PART VI
MISCELLANEOUS PROVISIONS
41. Power of fire officer in extinguishing fires.
42. Chief Fire Officer may designate authorised officers.
43. Power of authorised officer to enter and inspect public premises.
44. Chief Fire Officer may require work to be done on public premises.
45. Orders for closure of public premises.
46. Owner, occupier or agent may appeal against requirement contained
in notice.
47. Restriction on disclosure of information.
48. False alarm of fire.
49. Unlawful assemblies, etc.
50. No liability for damage done by members of the Service.
51. Damage deemed to be damage by fire for fire insurance.
52. Refusing to aid member of the Service assaulted.
53. Evidence of right of member of the Service.
54. Harbouring or entertaining, etc., officers on duty.
55. Personation of member of the Service.
56. Obtaining admission into the Service by fraud.
57. Exemption from traffic laws.
58. Fees for certain services.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.
SIXTH SCHEDULE.
SEVENTH SCHEDULE.
SECTION
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6 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
CHAPTER 35:50
FIRE SERVICE ACT
An Act to make provision for the classification of the Fire
Service, to provide procedures for the settlement of
disputes between the Government and the Fire Service,
to provide for matters concerning the relationship
between the Government and the Fire Service, to amend
the law relating to the Fire Service and for matters
connected with and incidental thereto.
[27TH AUGUST 1966]
1. This Act may be cited as the Fire Service Act.
2. In this Act—
“allowance” means compensation payable—
(a) in respect of a grade or in respect of some offices
in a grade, by reason of duties of a special nature;
(b) for duties that a fire officer is required to
perform in addition to the duties of his grade
where those duties relate to an office in the same
grade or a higher grade;
“appropriate recognised association” means an association
recognised by the Minister of Finance under section 30 as
the bargaining body for any class or classes of fire officers;
“authorised officer” means the Chief Fire Officer or any other
fire officer designated as such by the Chief Fire Officer
under section 42;
“building” includes any structure whether temporary
or permanent;
“Chief Fire Officer” and “Deputy Chief Fire Officer” mean
respectively the persons appointed to the offices of Chief
Fire Officer and Deputy Chief Fire Officer;
“classification” means the assignment of an office to a grade;
31 of 1965.
Commencement.
97/1966.
Short title.
Interpretation.
[42 of 1975
10 of 1997].
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Fire Service Chap. 35:50 7
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L.R.O.
“dispute” means any matter respecting fire officers upon which
agreement has not been reached between the Personnel
Department and the appropriate Fire Service association
and which has been reported to the Minister under
section 22 or 23;
“fire officer” means a person who is appointed to perform the
duties of an officer in the Fire Service of continuing
indeterminate duration;
“Fire Service” means the Service established by section 3;
“former Ordinance” means the Fire Brigades Ordinance repealed
by this Act;
“office” means an office in the Service as specified in the
First Schedule;
“pay” means the amount payable to an officer at a rate prescribed in
respect of his office, and for the purposes of the Fifth Schedule
may include certain prescribed allowances;
“Personnel Department” or “the Department” means the Personnel
Department established under the Civil Service Act;
“public premises” means any building enclosure or any other
area or part of a building enclosure or any other area to
which the public has access either generally or conditionally
and whether on payment or otherwise;
“public service” has the meaning assigned to that expression in
section 3 of the Constitution;
“remuneration” means pay and allowances;
“Special Tribunal” means the Special Tribunal established by
section 21(1) of the Civil Service Act.
PART I
ESTABLISHMENT, OBJECTS AND STRUCTURE OF
THE FIRE SERVICE
3. (1) The several public offices in the public service, from
time to time set out in the First Schedule shall be deemed to
constitute the Trinidad and Tobago Fire Service, which is hereby
established for the purposes of this Act.
Ch. 11. No. 4.
(1950 Ed.).
First Schedule.
Fifth Schedule.
Ch. 23:01.
Establishment
of Fire Service.
[10 of 1997].
First Schedule.
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(2) A public officer who holds such a public office, that
by subsection (1) is deemed to be an office in the Fire Service,
shall be referred to as a fire officer.
(3)
(4)
(5) References to a Fire Brigade or to any member
thereof in any written law in force immediately before the
commencement of this Act, shall, as from the commencement of
this Act, be read and construed as references to the Fire Service
or to a member thereof, respectively.
3A. The purposes of the Trinidad and Tobago Fire
Service are—
(a) to save and protect life or property from damage
or destruction by fire or other hazards, whether
fire related or not;
(b) to provide and advise upon, preventive
measures against the occurrence of such damage
or destruction;
(c) to render related humanitarian services where
required; and
(d) to conduct investigations in order to ascertain
the cause or origins of a fire, or other hazard
requiring the services of the Fire Service.
3B. Subject to the exigencies of the Service, the Chief Fire
Officer may make available to a person upon receipt of the
prescribed application and payment of a prescribed fee, the
services of an officer who is not rostered for duty, for the
prevention of damage to life and property by fire and other
hazards, whether fire related or not.
CLASSIFICATION AND DIVISION OF
THE FIRE SERVICE
4. (1) The President may, from time to time by Order,
add to, vary or amend the Classification of Offices set out in the
First Schedule.
8 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
Purposes of
Fire Service.
[10 of 1997].
Private
functions.
[10 of 1997].
Classification
of Offices.
First Schedule.
(Deleted by Act No. 10 of 1997).}
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(2) The Classification of Offices set out in the First
Schedule shall be the basis hereafter for any Classification
Order made under this section.
(3) The classification titles of the offices set out in the First
Schedule shall be observed in all records and communications of the
Public Service Commission, the Auditor General, the Treasury and in all
departmental estimates and Parliamentary returns and appropriations.
5. The Fire Service shall consist of two Divisions that is
to say—
(a) the First Division;
(b) the Second Division.
6. (1) The First Division shall include the offices specified
in the Second Schedule and such other offices as the President
may, by Order, prescribe.
(2) The Second Division shall include the offices
specified in the Third Schedule and such other offices as the
President may, by Order, prescribe.
*7. (1) The President may by Order—
(a) determine the pay in respect of an office in a grade;
(b) establish the allowances that may be paid in
addition to pay.
(c)
(d)
(2) Any Order made in respect of the matters specified
in subsection (1)(a) and (b) shall be referred to as a
Remuneration Order.
8. (1) The Chief Fire Officer may, in writing, delegate to
an officer all or any of his powers or functions (other than the
power of delegation) under—
(a) a relevant Act;
(b) the regulations made under a relevant Act;
(c) an agreement made under Part II of the Act;
(d) an award made under Part III of the Act.
Fire Service Chap. 35:50 9
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
First Schedule.
Divisions of
Fire Service.
Composition of
respective
Divisions.
Second
Schedule.
Third Schedule.
Remuneration
Orders.
[10 of 1997].
Delegation by
Chief Fire
Officer.
[10 of 1997].
(Repealed by Act No. 10 of 1997).
*See Note on Act No. 10 of 1997 at page 2.
}
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10 Chap. 35:50 Fire Service
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(2) A power or function delegated, in accordance with
subsection (1), when exercised or performed by the delegate,
shall be deemed to have been exercised or performed, as the case
may be, by the Chief Fire Officer.
(3) A delegation of a power or function by the Chief Fire
Officer under subsection (1)—
(a) may be absolute or conditional;
(b) does not prevent the exercise of the power or
the performance of the function by the Chief
Fire Officer;
(c) may be revoked at any time by the Chief
Fire Officer.
(4) Every delegation under this section shall be
revocable in writing at will and no delegation shall prevent the
exercise of any power or function by the Chief Fire Officer.
(5) Any delegation under this section shall, until it is
revoked, continue in force according to its tenor, notwithstanding
any change in the incumbency of the office of the Chief Fire Officer.
TENURE
9. A fire officer shall hold office subject to the provisions
of this Act and any other written law and any Regulations
thereunder and, unless some other period of employment is
specified, for an indeterminate period.
10. A person who is appointed to an office in the Fire
Service for a specified period shall cease to be a fire officer at the
expiration of that period.
11. A fire officer who intends to resign his office shall give
such period of notice as may be prescribed by Regulations.
12. A fire officer shall not be debarred from voting at any
election if, under the laws governing the election, he has the right
to vote.
Tenure of office.
Term
appointments.
Resignation.
Fire officers
and voting.
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L.R.O.
13. A fire officer is disqualified for membership of the
House of Representatives and the Senate, and of a Municipality
and a Council.
14. (1) Subject to this section a fire officer may not—
(a) in any public place or in any document or any
other medium of communication whether within
Trinidad and Tobago or not, publish any
information or expressions of opinion on matters
of national or international political controversy;
(b) be a scrutineer under the Representation of the
People Act or an election agent or an assistant to
an election agent of a Parliamentary, Municipal
or Council candidate.
(2) The provisions of subsection (1)(a) shall not apply—
(a) where a fire officer is acting in the execution of
his official duties;
(b) subject to this section—
(i) where the information or opinion is
published in the course of a lecture or
address, the subject matter of which is
approved by the Minister to whom
responsibility for the Fire Service is
assigned, made or given at an educational
institution in the bona fide pursuit of the
professional activities of the fire officer; or
(ii) where the information or opinion is
expressed in an article or other literary
contribution, the subject matter of which
is approved by the Minister to whom
responsibility for the Fire Service is
assigned, to a journal or other periodical
or document prepared in pursuit of the
profession as mentioned above.
(3) In this section “publish” means to communicate the
information or opinion to any other person whether by word or in
writing and includes the broadcasting of words and pictures by
wireless telegraphy; and in relation to any writing means exhibiting
Fire officers
and political
activities.
Public
statements by
fire officers on
certain matters.
Ch. 2:01.
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12 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
Fire officers to
take oath of
office and
secrecy.
Fourth
Schedule.
Modes of
leaving Fire
Service.
[10 of 1997].
Age of
retirement for
fire officers.
[10 of 1968
5 of 1974
10 of 1997].
in public or causing to be read or seen or showing or delivering
or causing to be shown or delivered in order that the writing may
be read or seen by any person.
15. Every fire officer, shall, on his appointment, take and
subscribe the oath or affirmation of office and secrecy set out in
the Fourth Schedule.
TERMINATION
16. The modes by which a fire officer may leave the Fire
Service are as follows:
(a) on dismissal or removal in consequence of
disciplinary proceedings;
(b) on compulsory retirement;
(c) on voluntary retirement;
(d) on retirement for medical reasons;
(e) on resignation;
(ea) on being retired in the public interest;
(eb) on abandonment of office;
(f) on the expiry or other termination of an
appointment;
(g) on the abolition of office;
(h) in the case of a fire officer on probation, on the
termination of appointment.
RETIREMENT, PENSIONS, GRATUITIES
17. (1) A fire officer in the Second Division shall retire from
the Fire Service on his attaining the age of fifty-five years but
may, with the approval of the Public Service Commission, be
permitted to retire on his attaining the age of fifty years.
(2) A fire officer in the First Division shall retire from
the Fire Service on his attaining the age of sixty years, but may—
(a) at his option retire; or
(b) be retired at the instance of the Public
Service Commission,
from the Fire Service at any time after he has attained the age of
fifty-five years.
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Fire Service Chap. 35:50 13
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L.R.O.
Pensions,
gratuities and
other
allowances.
[10 of 1968
5 of 1974].
Fifth Schedule.
Powers and
duties of the
Department.
[45 of 1979].
(3) Notwithstanding subsection (2) a fire officer in the
First Division who has attained the age of fifty years may, with
the approval of the Public Service Commission, be permitted to
retire from the Fire Service at any time after he has attained
that age.
(4) This section is without prejudice to any other
written law providing for the retirement of fire officers from the
Fire Service.
18. The pensions, gratuities and other allowances to be
granted in respect of the services of fire officers in the First and
Second Divisions shall be determined in accordance with the
provisions set out in the Fifth Schedule.
PART II
DUTIES OF THE PERSONNEL DEPARTMENT IN
RELATION TO THE FIRE SERVICE
19. (1) In addition to any duties or powers imposed or
conferred by any other written law, the Personnel Department
shall in relation to the Fire Service carry out such duties as are
imposed on it in this Act and the Regulations, and without
limiting the generality of the foregoing shall have the
following duties:
(a) to maintain the classification of the Fire Service
and to keep under review remuneration payable
to fire officers;
(b) to administer the general Regulations respecting
the Fire Service;
(c) to provide for and establish procedures for
consultation and negotiation between the
Department and an appropriate recognised
association in respect of—
(i) the classification of officers;
(ii) any grievances;
(iii) remuneration;
(iv) the terms and conditions of employment.
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14 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
Consideration of
recommendation
on pay rates.
Ch. 88:01.
Consultation
with
organisations.
Duty allowance.
[2 of 2012].
Department in
negotiations
subject to
direction of
Minister of
Finance.
Ch. 23:01.
Consultation
with association
of fire officers.
Where no
agreement
reached on
proposals of
association.
(2) The Minister of Finance may make recommendations
with regard to remuneration to be paid to fire officers.
(3) The Minister of Finance shall, before making
recommendations on remuneration under subsection (2)—
(a) consider the requirements of the Fire Service;
(b) take into account the rates of pay and other terms
and conditions of employment prevailing in
Trinidad and Tobago for similar work outside the
Fire Service and the relationship of the duties of
the various grades within the Fire Service; and
(c) be guided by the considerations set out
in section 20(2)(a) to (f) of the Industrial
Relations Act.
(4) Prior to formulating any recommendations under
subsection (2), the Minister of Finance may require the Personnel
Department to consult with representatives of the appropriate
recognised association with respect to the matters specified in
subsection (1).
*19A. Notwithstanding any other provision in this Act and any
other written law, the President, by Order, may grant a duty
allowance to officers in the First Division and Second Division in
the Fire Service.
20. Notwithstanding section 13(1) of the Civil Service Act in
the exercise of its duties and functions under sections 19, 21, 22,
23 and 24(1), the Personnel Department shall be subject to the
direction of the Minister of Finance.
21. The Department shall, from time to time, consult with
representatives of the appropriate recognised association with
respect to the matters specified in section 19 at the request of the
representatives or whenever in the opinion of the Minister of
Finance the consultation is necessary or desirable.
22. Where the Personnel Department consults and negotiates
with representatives of the appropriate recognised association
with respect to matters specified in section 19 at the request of the
representatives, and the Personnel Department and the appropriate
*See Note on page 2.
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Department to
submit
proposals to
association for
approval.
Agreement
reached with
Department.
Disputes to be
referred to
Special
Tribunal.
recognised association are, within twenty-one days of the
commencement of the consultation and negotiation or within such
further period as may be agreed upon unable to reach agreement on
any matter, the Personnel Department or the appropriate recognised
association shall report the matter on which no agreement has been
reached to the Minister of Finance, and on the report being made a
dispute shall be deemed to exist as to such matter.
23. Where the Personnel Department before making proposals
with respect to matters specified in section 19 does not consult with
representatives of the appropriate recognised association, the
Personnel Department shall submit the proposals to the appropriate
recognised association for consideration and agreement, save that
where the Personnel Department, and the appropriate recognised
association are, within twenty-one days of the submission of the
proposals as mentioned above, or within such further period as
may be agreed upon, unable to reach agreement on any matter, the
Personnel Department or the appropriate recognised association
shall report the matter on which no agreement has been reached to
the Minister of Finance, and on the report being made a dispute
shall be deemed to exist as to such matter.
24. (1) Where the Department and the appropriate recognised
association reach agreement on any of the matters specified in
section 19 after consultation and negotiation in accordance with
section 22 or 23, the agreement shall be recorded in writing and
shall be signed by the Chief Personnel Officer on behalf of the
Minister of Finance and by a person designated by the appropriate
recognised association on behalf of the association.
(2) Any agreement recorded and signed in accordance
with subsection (1) shall be binding upon the Government and
the fire officer to whom the agreement relates.
25. (1) Where a dispute exists under section 22 or 23, the
Minister shall refer the dispute for settlement to the Special
Tribunal established under section 26 within twenty-one days
from the date on which the dispute was reported to him.
(2) Where the Minister fails to refer the dispute to the
Special Tribunal within the time specified in subsection (1) the
appropriate recognised association that is a party to the dispute
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shall do so within twenty-one days from the date of the expiration
of the time specified in the subsection.
(3) For the purposes of this Act the parties to a dispute
shall be the Chief Personnel Officer and the appropriate
recognised association of fire officers.
PART III
FUNCTIONS OF SPECIAL TRIBUNAL IN RELATION
TO FIRE SERVICE
26. (1) The Special Tribunal shall hear and determine any
dispute referred to it under section 25 and shall make an award
on the dispute.
(2) An award made by the Special Tribunal shall be final.
(3) In addition to taking into account any submissions,
arguments and evidence presented or tendered by or on behalf
of the appropriate recognised association and the Chief Personnel
Officer, the Special Tribunal in its judgment shall be guided by the
considerations set out in section 20(2)(a) to (f) of the Industrial
Relations Act.
27. (1) An award made by the Special Tribunal under
section 26 shall be binding on the parties to the dispute and on all
fire officers to whom the award relates and shall continue to be
binding for a period to be specified in the award, not less than
five years from the date upon which the award takes effect.
(2) The Special Tribunal may with the agreement of
the parties to an award review the award at any time after the
expiry of the third year.
PART IV
FIRE SERVICE ASSOCIATIONS
28.
to
29.
16 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
Special Tribunal
established.
[45 of 1979].
Ch. 88:01.
Awards to be
binding on
parties for fixed
period.
(Repealed by Act No. 10 of 1997).}
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Fire Service Chap. 35:50 17
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L.R.O.
Representation
of fire officers.
[10 of 1997].
Regulations
governing
recognition.
Association to
make rules.
Sixth Schedule.
Complaints by
members of
association.
30. (1) Fire officers may form associations, and such
associations shall, subject to this Act and the Regulations, be
recognised by the Minister of Finance as appropriate associations
for consultation and negotiation in respect of any of the matters
specified in section 19 and any other matters concerning
fire officers.
(2) (Repealed by Act No. 10 of 1997).
(3) An association formed pursuant to subsection (1)
may not be recognised as a trade union.
31. The President may make Regulations setting out the
conditions to be satisfied and the procedure to be adopted for the
recognition by the Minister of Finance of associations formed
pursuant to section 30(1).
32. (1) Every association formed pursuant to section 30(1)
shall make Rules providing for the good government of the
association and for carrying out the objects of the association and
with respect to the Rules the following provisions shall have effect:
(a) the Rules shall contain provisions in respect
of the several matters mentioned in the
Sixth Schedule;
(b) a copy of the Rules and every amendment thereto
shall be delivered by the association to every fire
officer who is a member of that association on
demand on payment of the prescribed sum.
(2) The Rules of an association shall be filed with the
Registrar General, and any amendments thereof shall have effect
from the date on which they are filed unless some later date is
specified from which they shall have effect.
33. (1) On any complaint in writing signed by not less than
fifty financial members of an association or, in the case of the
appropriate recognised association of fire officers in the First
Division, by not less than five financial members, respecting the
Rules or business of the association, the Registrar General shall
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inquire into the complaint and may either dismiss it or if after
giving the complainants and the association an opportunity of
being heard, he finds the complaint to be justified may either—
(a) so declare, but make no order under this
subsection; or
(b) make an order specifying the steps which the
association must take to remove the cause
for complaint.
(2) It shall be the duty of the Registrar General to
furnish a statement either written or oral, of the reasons for any
decision which he gives under this section.
(3) Any order made by the Registrar General shall be
binding on the association and failure to comply with the order
shall render the association liable to withdrawal of recognition
by the Minister of Finance.
(4) The Registrar General may order the association to
pay the complainant out of the funds of the association or a
complainant to pay to the association a specified sum in respect
of the costs incurred by the complainant or the association, as the
case may be, and such sum shall be recoverable summarily as a
civil debt.
GENERAL
34. (1) The President may make Regulations for carrying out
or giving effect to this Act, and in particular the following matters:
(a) for prescribing the terms and conditions of
employment in the Fire Service;
(aa) for prescribing qualifications for appointment to
an office in the Fire Service;
(b) for prescribing allowances, not being
allowances that may be established by Order
under section 7;
(c) for prescribing the probationary period on first
appointment or subsequent appointment and for
the waiver, reduction or extension of such
probationary period in appropriate cases;
Regulations for
the Fire Service.
[10 of 1997].
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(d) for prescribing conditions for the termination
of first appointments;
(e) for prescribing the procedure for the recovery of
any penalties from a fire officer;
(f) for regulating the hours of attendance of fire
officers and the keeping and signing of records
of attendance or for prescribing other methods
of recording attendance;
(g) for regulating the duties to be performed by
fire officers;
(ga) for prescribing charges for the services of
officers provided under section 3B and
allowances payable to the officers so provided;
(h) for regulating the granting of leave to fire officers;
(i) for prescribing arrangements and procedures for
providing, assisting in or co-ordinating staff
development programmes;
(j) the training of officers in the Fire Service;
(k) for prescribing matters to be included in orders
to be made by the Chief Fire Officer including
matters of accoutrement and uniform;
(l) for prescribing and providing for the use of
powers under this Act or the Regulations;
(m) for regulating generally the terms and conditions
of temporary employment;
(n) generally, for the good order and government of
the Fire Service.
*(2) Any Regulations respecting the Fire Service in
operation at the coming into operation of this Act shall have
effect in relation to fire officers under this Act until Regulations
have been made under this Act.
35. It is the duty of every fire officer—
(a) to preserve life and property from damage or
destruction whether arising from fire or not;
*Saved Fire Brigade (Volunteer Sections) Regualtions (1950 Edition Vol. VIII p. 301).
Duties of
fire officers.
[10 of 1997].
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(b) to take all reasonable steps for the removal of
hazards whether fire related or not or to report
them to a senior officer of the Fire Service
for attention;
(c) to report to a senior officer of the Fire Service or
senior officer of the Police Service any act or
omission occurring either before, during or after
a fire or other disaster that, in his opinion,
contributed directly or indirectly to damage or
danger; and
(d) generally to do and perform all the duties
appertaining to the office of a member of
the Service.
36. A fire officer may arrest without a warrant any person who
assaults, obstructs or impedes him or any other member of the Fire
Service in the execution of any of their duties under this Act.
PART V
SUPPLY OF WATER FOR FIREFIGHTING
37. The Chief Fire Officer shall take all reasonable measures
for ensuring the provision of an adequate supply of water for
firefighting or other purposes of the Fire Service.
38. (1) For the purposes of section 37, the Comptroller of
Accounts may with the approval of the Chief Fire Officer enter
into an agreement with the Water and Sewerage Authority (in this
Part referred to as “the Authority”) whereby the Authority will
take measures, on such terms as to payment or otherwise as may
be agreed, for securing that an adequate supply of water will be
available for firefighting or other purposes of the Fire Service.
(2) The Authority shall not unreasonably refuse to enter
into any agreement proposed under subsection (1).
(3) Any question whether the Authority has
unreasonably refused to enter into any agreement under this
section shall be determined by the President.
Powers of arrest.
Duty of Chief
Fire Officer to
ensure supply
of water for
firefighting.
[10 of 1997].
Supply of water
by Water and
Sewerage
Authority.
[10 of 1997].
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(4) Notwithstanding any other provision of this section,
wherever the Chief Fire Officer is satisfied that the existing supply
of water provided by the Authority for domestic and industrial
purposes is likely to be inadequate for firefighting or other
purposes of the Fire Service, the Comptroller of Accounts may,
with the approval of the Chief Fire Officer, enter into an agreement
with the Authority for the provision of the additional supply of
water as may be specified in the agreement.
(5) The Authority shall, at the request of the Chief Fire
Officer, fix fire hydrants on their mains (other than trunk mains)
at such places as may be most convenient for affording a supply
of water for firefighting or other purposes of the Fire Service, and
shall keep in good order and, whenever required by the Chief Fire
Officer, renew every such hydrant.
(6) Any difference of opinion as to the number or proper
position of any hydrant referred to in subsection (5) shall be
referred to and determined by the President.
(7) For the purposes of this Act, fire hydrants shall be of
such design as the Chief Fire Officer may require.
(8) As soon as any fire hydrant referred to in this
section has been installed, the Authority shall, if required to do so
by the Chief Fire Officer, deposit a key of the hydrant at every
place within the limit of its supply where any public fire engine
is kept, and at such other place as may be appointed by the Chief
Fire Officer.
(9) The Authority shall cause the situation of every fire
hydrant provided to be plainly indicated by a notice or
distinguishing mark which may be placed on any wall or fence
adjoining a highway or other place to which the public has access.
(10) The cost of the fire hydrants and of fixing,
maintaining and renewing them, and of indicating their situation
and providing such keys as mentioned above, shall be defrayed
by the Government.
(11) The Government is not liable for the cost of repairing
or replacing any fire hydrant where the fire hydrant is damaged as
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Penalty for
failure by
Authority to
comply with
obligations.
[169/1993].
Notice to be
given of
proposed works
affecting water
supply and fire
hydrants.
a result of its having been used by or with the approval of the
Authority for any purpose other than firefighting or other
purposes of the Fire Service.
39. (1) If the Authority fails to comply with any of its
obligations under this Part, except when prevented from so
doing by unavoidable accident or cause, or during the execution
of necessary works, it is liable on summary conviction to a fine
of seven hundred and fifty dollars and to a further fine of
seventy-five dollars for each day during which the failure
continues after notice thereof from the Chief Fire Officer.
(2) A person who uses a fire hydrant otherwise than for
firefighting purposes or other purposes of the Fire Service or
otherwise than for any purposes approved by the Authority, or
who damages or obstructs any fire hydrant otherwise than in
consequence of its use for any such purpose, is liable on
summary conviction to a fine of four hundred and fifty dollars.
40. (1) Where the Authority proposes to carry out any
works for the purpose of supplying water to any place within its
limits of supply the Authority shall give notice in writing thereof
to the Chief Fire Officer, and the notice shall be given not less
than six weeks before the works are begun.
(2) Not less than seven days before any works that affect
any fire hydrant are begun, the Authority shall give notice thereof
to the Chief Fire Officer, but where, in an emergency, it is not
practicable for the notice to be given the Authority shall give the
notice as soon as possible.
(3) When the Authority proposes to lay a water main,
the Chief Fire Officer may require the Authority to lay a main of
such size as he may specify; and the additional cost, if any,
involved in laying a main of the specified size shall be borne by
the Government.
(4) Any difference of opinion between the Chief Fire
Officer and the Authority as to the size of a water main shall be
referred to and determined by the President.
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PART VI
MISCELLANEOUS PROVISIONS
41. (1) A fire officer who is on duty may, without the
consent of the owner or occupier of any premises or place enter,
and if necessary, break into—
(a) any premises or place in which a fire has or is
reasonably believed to have broken out; or
(b) any premises or place that it is necessary to enter
for firefighting or other purposes of the
Fire Service,
and the officer may do all such things as he deems necessary for
extinguishing the fire or for protecting the premises or place from
fire, or from acts done as aforesaid, or for rescuing any person or
property in the premises or place.
(2) A person who wilfully obstructs or interferes with a
fire officer while he is on duty for firefighting or other purposes
of the Fire Service is liable on summary conviction to a fine of
one thousand, two hundred dollars.
(3) At a fire, or at the scene of any other hazard to life
or property, the senior officer of the Fire Service present has the
sole charge and control of all operations for firefighting or other
purposes of the Fire Service, including the fixing of the position
of fire engines and apparatus, the attaching of hoses to water
pipes, the use of any water supply and the selection of premises,
objects or places to which water may be directed.
(4) On being required by the senior officer of the
Service present to provide a greater supply and pressure of water
for firefighting or other purposes of the Fire Service, the Authority
shall take all necessary steps to comply with that requirement and
may for that purpose shut off the water from the mains and pipes
in any area; and the Authority shall not be liable to any penalty or
claim by reason of the interruption of the supply of water
occasioned only by compliance with such a requirement.
(5) The senior officer of police present at a fire or other
hazard to life or property or, in his absence, the senior officer of
Power of fire
officer in
extinguishing
fires.
[169/1993
10 of 1997].
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Chief Fire
Officer may
designate
authorised
officers.
[42 of 1975].
Power of
authorised
officer to enter
and inspect
public premises.
[42 of 1975
169/1993].
the Fire Service present, may close any street to traffic, or may
stop or regulate the traffic in any street whenever, in the opinion
of that officer, it is necessary or desirable to do so for firefighting
or other purposes of the Fire Service.
42. The Chief Fire Officer may in writing designate any fire
officer to be an authorised officer for the purposes of this Act.
43. (1) An authorised officer may, on producing if required
to do so, documentary evidence of his authority, enter any public
premises at any time during the day for the purpose of
determining the condition of the premises.
(2) In furtherance of the purpose stated in subsection (1),
an authorised officer may, upon entry—
(a) inspect the whole or part of the public premises,
the water supply available therein and the means
of access thereto and exit therefrom;
(b) determine the nature of the public premises;
(c) require any person (whether owner, occupier,
manager or agent of the premises) to give such
information or assistance as may enable him to
exercise any of the powers conferred on him by
this subsection;
(d) do any or all such things as he considers
necessary for determining the condition of the
public premises.
(3) An authorised officer may, in the exercise of his
powers under subsection (1), take with him any person whose
assistance he considers necessary except that where the
authorised officer has been so designated he shall first obtain the
approval of the Chief Fire Officer.
(4) Any person who—
(a) wilfully obstructs an authorised officer in the
exercise of his duties under this Act; or
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(b) without reasonable excuse fails to comply with
any requirement of an authorised officer under
subsection (2)(c),
is liable on summary conviction to a fine of one thousand, five
hundred dollars and to imprisonment for three months.
44. (1) The Chief Fire Officer, if he is satisfied that the
condition of any public premises constitutes or is likely to constitute
a hazard to life or property by fire or otherwise may, by notice in
writing served on the occupier, require that such work as may be
specified in the notice be carried out within the period therein
specified, on the premises in order to render it safe for public use,
except that where the work to be carried out is of a structural nature,
the notice shall be served on the owner of the premises or if he
cannot be found on his agent or the occupier thereof.
(2) The Chief Fire Officer, if he is satisfied that the
occupancy or the nature of the business carried on on any public
premises constitutes or is likely to constitute a hazard to life or
property by fire or otherwise, may by notice in writing served on
the owner of the premises or if he cannot be found on his agent
or the occupier thereof, require that the premises be provided
with safety measures of the nature specified in the notice and
within the period therein specified.
(3) Notwithstanding subsection (2), the Chief Fire
Officer may, on an application in writing by the owner, occupier
or agent of any premises on whom a notice was served pursuant
to subsection (1) or (2), extend in writing the period within which
the requirements of the notice are to be complied with.
(4) An application under subsection (3) must—
(a) state the reason for seeking an extension of
time; and
(b) give the approximate date on which the
requirements of the notice may be met.
(5) Any person who fails to comply with the requirements
of a notice issued pursuant to subsection (1) or (2) including, in so
Chief Fire
Officer may
require work to
be done on
public premises.
[42 of 1975
169/1993
10 of 1997].
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Ch. 25:04.
Ch. 25:03.
Orders for
closure of
public premises.
[42 of 1975
10 of 1997].
far as the notice relates to a specified period, any extensions of
the period under subsection (3), is liable on summary conviction
to a fine of three thousand dollars and to imprisonment for three
months and in the case of a continuing offence to a fine of six
hundred dollars for each day during which the offence continues
after conviction therefor.
(6) In the exercise of his authority under this section, the
Chief Fire Officer shall consult with the Local Authority for the
area in which the premises are situated.
(7) For the purposes of this section, “local authority”
means a “Corporation” to which the Municipal Corporations Act
applies, and includes the Tobago House of Assembly established
by section 3 of the Tobago House of Assembly Act.
45. (1) Without prejudice to any liability for an offence
under section 44(5), where a person fails to comply with the
requirements of a notice issued pursuant to section 44(1) or (2),
the Chief Fire Officer may make application to a Court of
Summary Jurisdiction (hereinafter called “the Court”) having
jurisdiction in the district in which the public premises is situate
for an order under this section.
(2) The application shall be supported by an affidavit
setting out the particulars on which it is alleged that the public
premises constitutes or is likely to constitute a hazard to life or
property by fire or otherwise or that the occupancy or nature of the
business carried on on any public premises constitutes or is likely
to constitute a hazard to life or property by fire or otherwise, as the
case may be, setting out a copy of the notice served and alleging
the fact that the notice has not been compiled with.
(3) In addition to any application that may be made under
subsections (1) and (2), where the Chief Fire Officer is satisfied in
his own deliberate judgment that from the nature of the hazard to
life or property by fire or otherwise constituted by the condition of
any public premises or the occupancy or nature of any business
carried on in any public premises, that the danger of damage to the
public is imminent, he may make application to the Court for an
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order under this section without first serving any such notice as is
required under section 44 and the Court may proceed upon the
application in accordance with subsections (4) to (6).
(4) Where the Court is satisfied as to the application it
may ex parte make an interim order for the closure of any public
premises or the cessation of the occupancy or business carried on
on any public premises, as the case may be, so long as the order
remains in force.
(5) The Court shall in a summary mannner hear and
determine any application made under this section, and may if the
justice of the case so requires make a final order for the closure
of the public premises or the cessation of the occupancy or
business carried on on any public premises, as the case may be.
(6) A person aggrieved by any final order by the Court
under subsection (4) may, within one month of the date of the
making of the order, appeal to a Judge in Chambers who shall
make such order or other determination in the premises as the
justice of the case requires.
46. Within fourteen days of service of a notice issued
pursuant to section 44(1) or (2), the person served may appeal to
a Judge in Chambers on the ground that the requirements of the
Chief Fire Officer are unreasonable having regard to the
condition or the occupancy of or the nature of the business
carried on on the premises.
47. It is an offence punishable on summary conviction by a
fine of three thousand dollars and to imprisonment for twelve
months for an authorised officer who, pursuant to section 43,
entered any factory or work place, to disclose to any person any
information regarding manufacturing processes or trade secrets
obtained by him in the factory or workplace, unless the disclosure
was made in the course of his duties under this Act.
48. A person who knowingly gives or causes to be given
a false alarm of fire to the Fire Service or any officer thereof or
Owner, occupier
or agent may
appeal against
requirement
contained
in notice.
[42 of 1975].
Restriction on
disclosure of
information.
[42 of 1975].
False alarm
of fire.
[169/1993].
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Unlawful
assemblies, etc.
[169/1993].
No liability for
damage done by
members of
the Service.
Damage deemed
to be damage by
fire for fire
insurance.
Refusing to
aid member of
the Service
assaulted.
[169/1993].
Evidence of
right of member
of the Service.
Harbouring or
entertaining,
etc., officers
on duty.
[169/1993].
any constable is liable on summary conviction to a fine of one
thousand, two hundred dollars and to imprisonment for
three months.
49. (1) If any tumult, riot or unlawful assembly occurs or is
reasonably apprehended, the President may require and the Chief
Fire Officer shall give such assistance by fire officers as may be
necessary for the preservation of the peace.
(2) Every member of the Service, while he is assisting in
the preservation of the peace under this section, has the powers,
authorities and immunities of a constable of the Police Service.
(3) A person who assaults, obstructs or impedes any fire
officer in the discharge of his duties under this section is liable on
summary conviction to a fine of one thousand, two hundred dollars.
50. A fire officer is not liable for any damage caused by any
act done by him whilst he is, bona fide, exercising any of the
powers conferred upon him by this Act or the Regulations.
51. For the purposes of policies of insurance against fire,
damage occasioned by the Fire Service in the execution of its
duties under this Act shall be deemed to be damage by fire.
52. If a person is called upon to aid and assist a fire officer
who, while in the execution of his duty, is assaulted or resisted,
and that person refuses or neglects to aid and assist accordingly,
he is liable, on summary conviction, to a fine of one thousand,
two hundred dollars or to imprisonment for three months.
53. If any question arises as to the right of any fire officer to
hold a certain office in the Fire Service or to exercise the duties
and functions appertaining to the office, common reputation shall
be deemed sufficient evidence of the right.
54. A person who knowingly—
(a) harbours or entertains a fire officer while he is
on duty;
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Personation of
member of
the Service.
[169/1993].
Obtaining
admission into
the Service
by fraud.
Exemption from
traffic laws.
(b) directly or indirectly, sells or gives any
intoxicating liquor to a fire officer while he is
on duty;
(c) by threats or by offer of money, gift, spirituous
liquor or any other thing, induces or endeavours
to induce a fire officer to commit a breach of his
duty or to omit any part of such duty,
is liable, on summary conviction, to a fine of four hundred and
fifty dollars or to imprisonment for two months.
55. A person not being a fire officer who—
(a) puts on or assumes, either in whole or in part,
the dress, name, designation or description of a
fire officer or any dress, name or designation,
resembling and intended to resemble the dress,
name or designation of a fire officer; or
(b) in any way pretends to be a fire officer for the
purpose of obtaining admission into any house
or other place, or for the purpose of doing an act
that he would not by law be entitled to do of his
own authority,
is liable on summary conviction to a fine of nine hundred dollars
or to imprisonment for three months.
56. A person who—
(a) knowingly uses or attempts to pass off any
forged or false certificate, character, letter or
other document for the purpose of obtaining
admission into the Fire Service; or
(b) on applying for enlistment, makes any false
answer to any question put to him by any
recruiting officer of the Service,
is liable on summary conviction, to imprisonment for three months.
57. Fire officers while in the execution of their duties under
this Act, are exempt from liability to prosecution for any offence
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FIRST SCHEDULE
CLASSIFICATION OF OFFICES IN THE FIRE SERVICE
Old Title New Title Effective Date
RANGE 13
Apprentice Firefighter Apprentice Firefighter
GRADE 1
Firefighter [for five (5) years] Firefighter 1.10.03
Firefighter [after five (5) years] Firefighter 1.10.03
GRADE 2
Fire Sub-Officer Fire Sub-Officer 1.10.03
GRADE 3
Fire Sub-Station Officer Fire Sub-Station Officer 1.10.03
GRADE 4
Fire Station Officer Fire Station Officer 1.10.03
Fire Equipment Supervisor Fire Equipment Supervisor 1.10.03
against any law relating to the maximum speeds of motor vehicles
on public roads or to the driving of vehicles in specified directions
on specific roads or against traffic signs, including traffic lights.
58. (1) Subject to subsection (2), the Fire Service shall
charge and collect, in relation to the services listed in the Seventh
Schedule, fees specified therein, which fees shall be credited to
general revenue.
(2) Subsection (1) does not apply to life-saving or
rescue operations, humanitarian services or services undertaken
for or on behalf of the national community.
(3) The President may, by Order, amend the
Seventh Schedule.
Fees for certain
services.
[3 of 1994].
Seventh
Schedule.
Seventh
Schedule.
Sections 2,
3(1), 4.
[124/1966
268/1971
217/1973
186/1976
208/1977
63/1980
31/1982
94/1982
176/1984
17/2000
122/2005
50/2006].
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GRADE 5
Assistant Divisional Assistant Divisional 1.10.03
Fire Officer Fire Officer
GRADE 6
Divisional Fire Officer Divisional Fire Officer 1.10.03
GRADE 7
Assistant Chief Fire Officer Assistant Chief Fire Officer 1.10.03
Brigades Engineer Brigades Engineer 1.10.03
RANGE 64
Deputy Chief Fire Deputy Chief Fire 1.1.84
Officer Officer
RANGE 67
Chief Fire Officer Chief Fire Officer 1.1.74
Old Title New Title Effective Date
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SECOND SCHEDULE
OFFICERS IN THE FIRST DIVISION OF THE
FIRE SERVICE
Chief Fire Officer
Deputy Chief Fire Officer
Assistant Chief Fire Officer
Divisional Fire Officer
Brigades Engineer
Third Officer
THIRD SCHEDULE
OFFICERS IN THE SECOND DIVISION OF THE
FIRE SERVICE
Fire Equipment Supervisor
Fire Station Officer
Fire Sub-Station Officer
Fire Sub-Officer
Fireman
Fireman Apprentice
FOURTH SCHEDULE
OATH/AFFIRMATION* OF OFFICE AND SECRECY
I ..................................................................................................... do swear/do
solemnly and sincerely affirm*/that I will well and truly serve Trinidad
and Tobago in the office of .................................................................................
of the Trinidad and Tobago Fire Service and that I will take steps at all times
to preserve life and property to the utmost of my power; and that while I shall
continue to hold the said office I will, to the best of my skill and knowledge
discharge all the duties thereof faithfully according to law and will not,
without due authority in that behalf, in any manner whatsoever publish or
communicate any facts or information being facts or expressions of opinion
based on such facts that come to my knowledge by reason of my being the
holder of such office. So help me God. †
Section 6(1).
[40/1983
106/1983].
Section 6(2).
[10 of 1968
107/1983].
Section 15.
*Delete whichever is inapplicable
† Delete in case of affirmation.
UNOFFICIAL VERSION
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Fire Service Chap. 35:50 33
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Section 18.
[10 of 1968].
Definition of
fire officer for
purpose of
Schedule.
Contribution to
superannuation
allowances.
[22 of 2006].
Arrears of
contribution
payable.
Mode of
deducting
arrears.
5 of 1974.
*FIFTH SCHEDULE
PENSIONS AND GRATUITIES PAYABLE TO FIRE
OFFICERS IN THE FIRST AND SECOND DIVISIONS
1. In this Schedule “fire officer” means a fire officer in the First and
Second Divisions.
2. (1) As a contribution towards the special superannuation allowances
to fire officers herein provided, there shall be deducted from the pay of every fire
officer a sum at such yearly rate as the President from time to time directs, not
being a greater rate than one and a quarter per cent and all sums so deducted
shall be paid into the Treasury on or before the eighth day of every month.
(2) In the event of any fire officer leaving the Fire Service without
being eligible for a pension or gratuity under the provisions of this Act,
whether by reason of dismissal or otherwise, he shall be entitled to the return
in full of all deductions made from his pay under subparagraph (1) but the
President may direct that any amount due to the State in respect of any liability
or defalcation be deducted from any amount so returnable.
(3) In addition to the contribution payable under subparagraph (1),
a fire officer shall, if the case so requires, pay arrears of contribution in respect
of his full-time service as a fire officer or in a pensionable office in the Public
Service or in respect of both.
(4) The arrears of contribution payable under subparagraph (3)
[hereinafter referred to as (“the arrears”)] shall be determined on the basis of
the actual pay received by the fire officer for each year in respect of which the
arrears are payable.
(5) The aggregate amount of the arrears shall be deducted as follows:
(a) in the case of a fire officer who is in the Fire Service after the
commencement of the Fire Service (Amendment) Act 1974
(that is, 18th March 1974) the arrears shall be deducted—
(i) from his pay as far as practicable, by equal monthly
instalments over a period of three years from the
commencement of the said Act or such lesser period,
where the remainder of the service of the officer is less
than three years;
(ii) from his gratuity by lump sum, where any arrears are
unpaid on the retirement of the fire officer;
(b) in the case of a fire officer—
(i) who retires from the Fire Service on the
commencement of the Fire Service (Amendment) Act
1974 (that is, 18th March 1974); or
(ii) to whom the provisions of subparagraph (6) apply,
the arrears shall be deducted by lump sum from any arrears of gratuity payable
to the fire officer.
*This Schedule has been further amended by 5 of 1974, 5 of 1985, 20 of 1997, 22 of 2006,
17 of 2007, 30 of 2007 and 13 of 2010.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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34 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
5 of 1974.
Ch. 23:52.
Ch. 15:01.
Ch. 13:02
Ch. 15:03.
Ch. 35:54.
Pension to fire
officer in case
of disability.
[17 of 2007
30 of 2007
13 of 2010].
If unable to
re-enlist after
ten years
service.
On attaining the
age of fifty.
(6) The provisions of subparagraph (3) and of paragraph 3(5) to 3(7)
shall extend to fire officers who entered the Fire Service in the Second
Division and retired from the Fire Service on or after 1st January 1966, but
before the commencement of the Fire Service (Amendment) Act 1974 (that is,
18th March, 1974), and shall in their application to such fire officers, have
effect as if those provisions had come into operation on 1st January 1966.
(7) For the purposes of subparagraph (3) “Public Service” has the
meaning assigned to that expression by section 2 of the Pensions Act, and includes
service in the Police Service established by the Police Service Act, in the Prison
Service established by the Prison Service Act, service as a member of the Special
Police established by the Special Reserve Police Act and service as a member of the
Auxiliary Fire Service established under the Auxiliary Fire Service Act.
(8) Subject to subparagraph (3), with effect from January 1, 1991, a
fire officer or retired fire officer who served as an auxiliary fire officer on a full-
time basis immediately prior to his appointment as a fire officer, shall be entitled
to have both periods of service computed for purposes of the grant of pension.
3. (1) Subject to subparagraph (2) a fire officer who is disabled by
infirmity of mind or body may be retired, and if the fire officer has completed
ten years of satisfactory service, may thereupon be granted a monthly pension
not exceeding the sum of three thousand dollars per month or one-four
hundred and eightieth of a month’s pay for each completed month of service,
whichever is the greater.
(2) A pension shall not be granted under subparagraph (2) unless it
is stated in a certificate of a medical board that the fire officer to whom the
certificate refers is incapable from infirmity of mind or body of performing the
duties of his office and that the infirmity is likely to be permanent.
(3) If a fire officer to whom this Part applies or who has served in
the Fire Service for ten years or more does not at the end of any period of
re-enlistment obtain permission under the Regulations to re-enlist as provided
he shall be dismissed or shall have his services dispensed with in accordance
with the Regulations, and the fire officer if not otherwise eligible for pension,
may be granted a monthly pension not exceeding the sum of three thousand
dollars per month or one-nine hundred and sixtieth of a month’s pay,
whichever is the greater, for each completed month of service.
(4) Subject as herein continued, every fire officer not disabled
as aforesaid who has attained the age of fifty years, and has served in the
Fire Service—
(a) for not less than twenty years; or
(b) for not less than ten years and has retired from the Fire
Service with the approval of the Minister of Finance,
may be granted a monthly pension not exceeding the sum of three thousand
dollars per month or one-four hundred and eightieth of a month’s pay,
whichever is the greater for each completed month of service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
Meaning of
full-time
service.
Pension
payable.
Fire officers
transferred to
other public
service.
Ch. 23:52.
(5) For the purposes of paragraphs 2(3) and 3(4), a period of
full-time service in a pensionable office in the Public Service shall be counted
as service in the Fire Service if it terminates not earlier than the day
immediately preceding the commencement of service in the Fire Service.
(6) In paragraph 2(3) and in subparagraph (5) “full-time service”
means service remunerated at a monthly paid rate and includes any period of
absence from duty on leave with full pay.
(7) The amount of pension payable to a fire officer under this
paragraph shall not exceed eighty-five per cent of his final pay for the year in
which he retires, except that, in the case of a fire officer in the Second Division
at the date of the commencement of the Fire Service (Amendment) Act 1974
(that is, 18th March 1974), who retires from the Fire Service as a fire officer
in the Second Division, the percentage of final pay for the year in which he
retires shall not exceed ninety-two and one-half per cent.
(8) Where a period of service as a fire officer is or has been
immediately followed by service in a pensionable office in other public
service as defined for the purposes of the Pensions Act, the fire officer shall,
notwithstanding anything contained in subparagraph (4), be entitled to a
monthly pension under this Act not exceeding the sum of three thousand
dollars per month or one-four hundred and eightieth of a month’s pay,
whichever is the greater, for each completed month of service if he has
served in the Fire Service for not less than ten years; and if he ultimately
retires from such other public service at an age less than fifty years at which
he is permitted by the Law or Regulations of that service to retire with a
pension, the pension which may be granted to him under this Act shall be
payable from the date of the retirement, notwithstanding that he shall not be
fifty years of age.
(9) A fire officer may if he has exercised his option as provided in
subparagraph (10) but not otherwise, be paid, in lieu of any pension for which
he is eligible, the sum of three thousand dollars per month or a pension at the
rate of three-fourths of such pension whichever is the greater, together with a
gratuity equal to twelve and one-half times the amount of the annual reduction
so made in the pension.
(10) The following provisions apply to the option referred to in
subparagraph (9):
(a) the option shall be exercisable and if it has been exercised
may be revoked—
(i) not later than one month after the retirement of the fire
officer in case of a pension awarded under
subparagraph (1) or (2); and
(ii) not later than the day immediately preceding the date
of the retirement of the fire officer in the case of a
pension awarded under subparagraph (3) or of his
retirement from other public service in the case of a
pension awarded under subparagraph (8),
UNOFFICIAL VERSION
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36 Chap. 35:50 Fire Service
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but the President may, if it appears to him equitable in all the circumstances to
do so, allow any such fire officer to exercise the option or revoke an option
previously exercised at any time between that date and the actual date of award
of pension under this Act;
(b) the date of the exercise of the option by a fire officer shall be
deemed to be the date of the receipt of his written notification
addressed to the Chief Fire Officer;
(c) subject to the provisions of clause (a), if a fire officer has
exercised the option his decision shall be irrevocable so far as
concerns any pension to be granted to him under this section;
(d) if a fire officer who has not exercised the option dies after he
has finally retired but before a pension has been awarded
under this Act, the President may grant a gratuity and a
reduced pension as provided for in clause (a) as if the fire
officer before his death had exercised the option.
(11) Nothing herein contained shall be construed to entitle any fire
officer absolutely to any pension, or to prevent his being dismissed without
pension, and subject to subparagraphs (12) and (13), if any such fire officer to
whom a pension has been granted under this Act is sentenced to a term of
imprisonment by any competent Court in Trinidad and Tobago or elsewhere
for any crime or offence, or quits Trinidad and Tobago after having reason to
know that a charge of having committed any indictable or summary offence
has been laid against him, and before the charge has been heard and
determined, the President may direct that the pension shall forthwith cease.
(12) A fire officer whose pension has ceased in pursuance of
subparagraph (11) and who at any time receives a pardon in respect of the
offence for which he had been convicted, shall be entitled to have the pension
restored to him with effect from the date on which the pension was ceased.
(13) The President may, where a pension ceases for the reasons set
out in subparagraph (11) cause all or any part of the moneys to which the
pensioner would have been entitled by way of pension to be paid to or applied
for the benefit of any wife, child or children of the pensioner, or, after the
expiration of his sentence, also for the benefit of the pensioner himself in such
proportions and manner as the President thinks proper, and such moneys shall
be paid or applied accordingly.
4. (1) Where an order of maintenance is made against any fire officer
to whom a pension has been granted under this Act, the President may, on its
being proved to him that there is no reasonable probability of the order being
satisfied, from time to time cause to be deducted from the moneys payable to
such person such sum or sums as the President may deem expedient and may
cause the same to be applied to satisfy wholly or in part the order.
(2) Where any person to whom a pension has been granted hereunder
has left Trinidad and Tobago and has deserted and left his wife or child in
Trinidad and Tobago, without sufficient means of support is, by reason of the
Payments out
of pensions.
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L.R.O.
person’s absence from Trinidad and Tobago, unable and would but for the absence
be able, to obtain an order of maintenance, the President may from time to
time cause to be deducted from the moneys payable to the person by way of
pension such sum or sums as the President may deem expedient and apply the
same for the maintenance and support of the wife or child.
5. (1) When a fire officer has been retired in accordance with the
provisions of paragraph 3(1) and the provisions of subparagraph (2) of the said
paragraph have been satisfied, but the fire officer has not served in the Fire
Service for ten years, the fire officer may be granted by way of gratuity a sum not
exceeding one-twelfth of a month’s pay for each completed month of service.
(2) Any fire officer who has served in the Fire Service for more than
five years and less than ten years and who—
(a) does not at the end of any period of enlistment or re-
enlistment re-enlist; or
(b) is dismissed, or has his services dispensed with,
may be granted by way of gratuity such sums not exceeding one-twenty-fourth
of a month’s pay for each completed month of service.
6. Subject to paragraph 7, if any fire officer to whom a pension has been
granted under this Part is subsequently enlisted in the Fire Service, the
payment of his pension may, if the President so directs, be suspended during
the period of his subsequent enlistment.
7. (1) No pension, gratuity or other allowance shall be granted in
respect of a period of service that is broken by suspension, dismissal or
removal in consequence of disciplinary proceedings.
(2) Service is not broken where it is interrupted by one or a
combination of the following:
(a) one day;
(b) weekends; or
(c) public holidays.
8. (1) Subject to subparagraph (2), when the President is satisfied that
a fire officer has been permanently injured—
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) by some injury specifically attributable to the nature
of his duty,
and his retirement is thereby necessitated or accelerated, the fire officer may
be granted in respect of the injury, in addition to any pension or gratuity granted
Service for less
than ten years.
Power of
President to
suspend pension
in case of
subsequent
enlistment.
[5 of 1985].
Broken service.
[20 of 1997].
Permanent
injury.
[20 of 1997].
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38 Chap. 35:50 Fire Service
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to him an allowance in proportion to his injury of such monthly amount as the
President may direct, not exceeding the following:
When his capacity to contribute to his support is —
slightly impaired—40/480ths of a month’s pay;
impaired—80/480ths of a month’s pay;
materially impaired—120/480ths of a month’s pay;
totally destroyed—160/480ths of a month’s pay.
(2) A fire officer who is permanently injured while travelling by air
in pursuance of official instructions shall be deemed to have been injured in the
circumstances detailed in subparagraph (1)(a) and (c), and in any such case, if
the provisions of subparagraph (1)(b) are also satisfied the rates of allowances
shall be 60/480ths, 120/480ths and 240/480ths of a month’s pay respectively instead of
the rates of allowances mentioned above in this section prescribed.
(3) The allowance referred to in subparagraph (1)—
(a) shall not, together with any pension granted hereunder,
exceed 400/480ths of a month’s pay as at the date of injury and
for the purposes of this subparagraph any exercise of the
option conferred by paragraph 3(9) shall be ignored in
calculating any such pension;
(b) shall be less than the above-mentioned maximum by
such amount as the President thinks reasonable in the
following cases:
(i) where the injured fire officer has continued to serve
for not less than one year after the injury in respect of
which he retires;
(ii) where the injured fire officer is forty-five years or
upwards at the date of the injury; or
(iii) where the injury is not the sole cause of the retirement.
(4) Before granting an allowance under subparagraph (1), the
President shall be furnished with the report of a medical board (so far as may
be possible) on the matters relevant to his decision, and shall be guided by
the report.
(5) When the injured fire officer has not qualified for any pension
under this Act but is entitled to a gratuity under paragraph 5, he may be
granted, in lieu of the gratuity, a further allowance of such monthly sum (not
exceeding one-twelfth of so many 480ths of a month’s salary as is equal to the
number of months he has actually served) as the President may direct.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Fire Service Chap. 35:50 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Pensions to
dependants of
fire officers
killed on duty
and gratuity to
widow, etc., of
fire officer who
dies in the
Service.
[20 of 1997].
9. (1) If a fire officer dies as a result of injuries received—
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) on account of circumstances specifically attributable to the
nature of his duty,
while in the service of the Fire Service, the President, subject to
subparagraph (2), may grant, in addition to the grant if any, made under
subparagraph (3)—
(d) if the deceased fire officer leaves a widow, a pension to her,
while unmarried and of good character, according to such
scale as may from time to time be fixed by the President;
(e) if the deceased fire officer leaves a widow to whom a
pension is granted under clause (d) and a child or children, a
pension in respect of each child, until the child attains the age
of eighteen years, of an amount not exceeding one-eighth of
the pension payable under the clause;
(f) if the deceased fire officer leaves a child or children, but does
not leave a widow or no pension is granted to the widow a
pension in respect of each child, until the child attains the age
of eighteen years, of an amount not exceeding one-quarter of
the pension payable under clause (d);
(g) if the deceased fire officer leaves a child or children and a
widow to whom a pension is granted under subparagraph (d),
and the widow subsequently dies, a pension in respect of
each child, as from the date of the death of the widow until
the child attains the age of eighteen years, of an amount not
exceeding one-quarter of the pension payable under
subparagraph (d);
(h) if the deceased fire officer does not leave a widow, or if no
pension is granted to his widow and if his mother was wholly
or mainly dependent on him for her support, a pension to the
mother, while of good character and without adequate means
of support, of an amount not exceeding the pension which
might have been granted to his widow.
(2) A pension shall not be payable under subparagraph (1) at any
time in respect of more than six children, and where there are more than six
children in respect of whom, but for this subparagraph, a pension would be
payable, then the amount payable in respect of six children shall be divided
equally among all such children during the period in which there are more than
six children of pensionable age.
UNOFFICIAL VERSION
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40 Chap. 35:50 Fire Service
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(3) In the case of a pension granted under subparagraph (1)(h), if the
mother is a widow at the time of the grant of the pension and subsequently
remarries, the pension shall cease as from the date of the remarriage; and if it
appears to the President at any time that the mother is adequately provided
with other means of support, the pension shall cease as from such date as the
President may determine.
(4) A pension granted to a female child under subparagraph (1) shall
cease upon the marriage of the child under the age of eighteen years.
(5) For the purposes of subparagraph (1), the word “child” includes—
(a) a posthumous child;
(b) a step-child or illegitimate child born before the date of the
injury and wholly or mainly dependent upon the deceased
fire officer for support; and
(c) an adopted child, adopted in the manner recognised by law,
before the date of the injury, and wholly or mainly dependent
upon the deceased fire officer for support.
(6) A fire officer who dies as a result of injuries received while
travelling by air in pursuance of official instructions shall be deemed to have
died in the circumstances detailed in subparagraph (1)(a) and (c).
(7) If a fire officer dies while in the Fire Service, the President may
grant to his widow or to his children or to any of his dependants a gratuity of
an amount not exceeding one year’s salary of the fire officer, or his commuted
pension gratuity, if any, whichever is the greater.
(8) Where a fire officer, to whom either an unreduced pension or a
gratuity and reduced pension has been granted, dies after retirement from the
Fire Service, and the sums paid or payable to him at his death on account of
the unreduced pension, or gratuity and reduced pension, as the case may be,
are less than the amount of the annual salary enjoyed by him at the date of his
retirement, the President may grant to his widow or to his children or to any
of his dependants a gratuity equal to the deficiency.
(9) In subparagraphs (7) and (8)—
“commuted pension gratuity” means the gratuity, if any, calculated in the
manner prescribed in paragraph 3(9), which might have been granted to
the fire officer if he had retired immediately before his death in
circumstances rendering him eligible to receive a gratuity and reduced
pension instead of an unreduced pension;
“dependants” has the meaning as in the Workmen’s Compensation Act.Ch. 88:05.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Fire Service Chap. 35:50 41
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L.R.O.
SIXTH SCHEDULE
MATTERS TO BE INCLUDED IN RULES OF
FIRE SERVICE ASSOCIATION FORMED PURSUANT
TO SECTION 30(1) OF THE ACT
1. The name of the Association and the place of meeting for its business.
2. The whole of the objects for which the Association is to be established,
the purposes for which its funds shall be applicable, and the conditions under
which any member may become entitled to any benefit assured thereby, and the
fines and forfeitures to be imposed on any member of the Association.
3. The manner of making, altering, amending and rescinding rules.
4. A provision for the appointment and removal of a general committee
of management, of a trustee, treasurer and other officers.
5. A provision for the investment of the funds, and for an annual or
periodical audit of accounts.
6. The inspecting of books and names of members of the Association by
every person having an interest in its funds.
7. The manner of dissolution.
8. The protection of voting rights of members of the Association and the
general conduct of elections.
9. The powers, duties and functions of the Executive Committee of the
Association.
10. Disputes between members of the Association and the Executive
Committee thereof.
11. A prohibition against admission to membership with respect to a fire
officer who is a member of an appropriate recognised association.
Section 32.
UNOFFICIAL VERSION
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42 Chap. 35:50 Fire Service
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SEVENTH SCHEDULE
FEES FOR CERTAIN SERVICES
Service Fee
1. Emptying of swimming pools … … … $200.00
2. Pump-out of ship holds … … … $200.00
3. Placing hanging banners … … … $200.00
4. Acceding to requests for water for commercial and
industrial uses … … … … $200.00
5. Use of Fire Service equipment when standing by for
the loading/unloading of explosives … … $200.00
6. Supervision of the burning of documents … $100.00
7. Request for use of Fire Service Wrecker … $125.00
8. Fire prevention lectures or the supervision of
evacuation exercises … … … … $125.00
9. Inspection of premises for Fire Certificates … $200.00
10. Issuing of Fire Permits … … … $10.00
11. Inspection and servicing of fire extinguishers … $30.00 plus
$5.00 per
extinguisher
12. Training in first aid for private company personnel … $150.00
per person
for tuition,
training
materials
and award of
a certificate
13. Training in basic Fire Prevention and Firefighting
for private company personnel … … $550.00
per person
for tuition,
training
materials
and award of
a certificate
14. Re-issue of lost/defaced Certificates … … $50.00
15. Request for fire investigation reports from Insurance
Companies … … ... ... … .05 per cent
of the insured
value of the
building.
Section 58(1).
169/1993.
[3 of 1994].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Fire Service Chap. 35:50 43
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L.R.O.
SUBSIDIARY LEGISLATION
FIRE SERVICE (TERMS AND CONDITIONS OF
EMPLOYMENT) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
CHAPTER I
PRELIMINARY
1. Citation.
2. Interpretation.
CHAPTER II
PART I
RECRUITMENT
3. Qualification for appointment as Firefighter.
4. Service Number.
5. Officer to report change of name.
6. Qualification for appointment—Fire Sub-Officer.
7. Qualification for appointment—Fire Sub-Station Officer.
8. Qualification for appointment—Fire Station Officer and Fire
Equipment Supervisor.
9. Qualification for appointment—First Division.
10. Waiver of qualifying period.
11. Age limit for candidate.
12. Employment of pensioners and others on contract.
13. Age limit for Service.
14. Examinations Board.
15. Medical examination.
PART II
PROBATIONARY PERIOD
16. Chief Fire Officer to release transferred officer.
17. Probationary period.
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44 Chap. 35:50 Fire Service
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18. Variation of probationary period.
19. Principles to be observed during probationary period.
20. Probationary reports.
21. Officer to make representations on adverse markings in
probationary report.
22. Record to be kept.
23. Seniority list.
PART III
REMUNERATION AND ADVANCES
24. Salary.
25. Date of payment of salary.
26. Advance of salary.
27. Minister may authorise advance for other purposes.
28. Deduction from salary.
29. Adjustment of salary on promotion or secondment.
30. Adjustment of salary on acting appointment.
31. Salary when appointed to act in intermediate office or promoted to
intermediate office.
32. Acting appointment in an office higher than that in which an officer
held acting appointment.
33. Salary on reassignment of office.
34. Salary on reversion to substantive office.
35. Incremental date.
36. Incremental date on transfer.
37. Payment of increment.
38. Payment of increment where officer at maximum of salary scale.
39. Performance appraisal reports.
40. Conduct of performance appraisal.
41. Deferral.
PART IV
SECONDMENT
42. Secondment.
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
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Fire Service Chap. 35:50 45
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PART V
PAYMENT OF PENSION
43. Computation of pension— a matter of high priority.
CHAPTER III
TERMINATION OF SERVICE
44. Requirement of notice.
45. Cessation of service.
46. Retirement age.
CHAPTER IV
PART I
HOURS OF WORK, RECORDS
47. Workweek and working hours.
48. Compensation for excess hours rostered.
49. Compensation for excess hours when called out for duty.
50. Attendance.
51. Certain officers may be allowed to be absent from duty.
PART II
RECORDS OF PERSONNEL
52. Personal record.
53. Divisional inset sheet.
54. Officer to see personal records.
55. Destruction of personal records.
56. Certificate of Service.
CHAPTER V
LEAVE AND RELATED BENEFITS
57. Restrictions on grant of leave.
58. Limit of officers on annual vacation leave.
59. Record of officers on annual vacation leave.
60. Exclusion of Saturdays, Sundays and public holidays from annual
vacation leave.
REGULATION
UNOFFICIAL VERSION
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61. Eligibility for annual vacation leave.
62. Annual vacation leave.
63. Minimum annual vacation leave to be taken.
64. Application for annual vacation leave.
65. Grant of annual vacation leave.
66. Deferral of annual vacation leave.
67. No forfeiture of annual vacation leave.
68. Accumulation of annual vacation leave.
69. Notification of return from leave abroad.
70. Casual absence from duty.
71. Absences from duty may be treated as leave without pay.
72. Bereavement leave.
73. Bereavement leave not to affect other leave.
74. Scholarship and study leave.
75. Attending Court while on leave.
76. Duty leave and Special leave.
77. Special duty leave.
78. Leave—industrial relations matters.
79. Officer to undergo medical examination as required.
80. Medical Board.
81. Ordinary sick leave.
82. Extension of sick leave.
83. Sick leave abroad.
84. Medical record to be kept.
85. Absence through illness to be reported.
86. Maternity leave.
87. Other leave to be availed of.
88. Light duty during pregnancy.
89. Paternity leave.
90. Leave for work-related injury.
91. Medical benefits.
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
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CHAPTER VI
BUILDINGS, STORES, QUARTERS, ETC.
92. Provision of quarters.
93. Service establishments and contents to be kept in good condition.
94. Vacancy of building to be reported.
95. Description of uniform.
96. Unauthorised badges or emblems.
97. Issue of stores.
98. Requisitions.
99. Stores ledgers.
CHAPTER VII
CONDUCT
100. General conduct.
101. Duties of an officer.
102. Saluting.
103. Absence to be reported.
104. Activities outside the Service.
105. Officer not to call public meeting or participate in certain
public meetings.
106. Officer not to publish information.
107. Officer not to allow interview on questions of public policy.
108. Officer not to publish comment on national or local matter.
109. Officer not to edit or manage newspaper.
110. Rules relating to broadcast talks.
111. Indebtedness.
112. Bankruptcy.
113. Officer not to solicit intervention.
114. Gifts, rewards.
115. Officer not to accept gifts.
116. Exceptions.
117. Officer to attend Medical Board.
118. Appearance and turn out.
119. Other acts of misconduct.
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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CHAPTER VIII
MISCELLANEOUS
120. Circulars, Orders and Notices.
121. Corrections.
122. Circulation of Orders.
123. Forfeiture of benefits on dismissal.
124. Remuneration on suspension.
125. Channel of communication.
126. Complaints.
127. Permanent Secretary or Chief Fire Officer to facilitate request
of Commission.
128. Acceptance of foreign currency.
129. Payment from public funds.
130. Authorisation of deduction from pay.
131. Legal proceedings.
132. Determined form.
133. Availability of Regulations.
134. Act deemed to be done under these Regulations.
135. Chief Fire Officer to approve medical practitioner.
136. Application of Regulations to Chief Fire Officer.
137. Revocation of LN No. 75 of 1990.
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
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FIRE SERVICE (TERMS AND CONDITIONS OF
EMPLOYMENT) REGULATIONS
made under section 34
CHAPTER I
PRELIMINARY
1. These Regulations may be cited as the Fire Service
(Terms and Conditions of Employment) Regulations.
2. (1) In these Regulations—
“Act” means the Fire Service Act;
“acting appointment” means the temporary appointment of an
officer to a higher office or otherwise, whether that office is
vacant or not;
“appointment” means the placing of a person in an office in the
Fire Service;
“approved medical practitioner” means a duly qualified medical
practitioner approved for the purposes of these Regulations
by the Chief Fire Officer under regulation 135;
“candidate” means a person who satisfies the qualifications in
respect of an office;
“Chief Fire Officer” means the person occupying, or performing
the duties of the office of Chief Fire Officer as prescribed;
“Chief Personnel Officer” means the person occupying or
performing the duties of, the office established by
section 13(2) of the Civil Service Act;
“circular” means a circular issued by or with the approval of the
Chief Personnel Officer;
“Commission” means the Public Service Commission
established by section 120 of the Constitution;
“date of appointment” means the date of the appointment of a
person to an office in the service as specified by
the Commission;
“determined form” means the form determined in accordance
with regulation 132;
267/1998.
[324/2004].
Citation.
Interpretation.
Ch. 23:01.
UNOFFICIAL VERSION
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“Director” means the person occupying, or performing the duties
of the office of the Director of Personnel Administration;
“Examinations Board” means the Examinations Board
established under regulation 14;
“Fire Service School” means the institution established for the
training of officers and candidates for an office in
the Service;
“incremental date” means the date specified in regulation 35;
“Medical Board” means the Board established under
regulation 80;
“Ministry” means the department of Government under the direct
control of the Minister to whom responsibility for the
Service is assigned;
“officer” or “fire officer” means a person occupying, or
performing the duties of an office in the Service;
“performance appraisal report” means the report specified in
regulation 39;
“Permanent Secretary” means the person occupying, or
performing the duties of the office of Permanent Secretary
of the Ministry within the meaning of section 85 of
the Constitution;
“posting” means the movement of an officer within a Division;
“probationary period” means the period a person is actually
performing the duties of an office for the purposes of
assessing his suitability for that office;
“promotion” means the appointment of an officer to an office
carrying a higher remuneration than the one he held prior to
that appointment;
“salary” means the amount of pay in respect of an office within a
range as specified in a Remuneration Order made under
section 7 of the Act;
“salary scale” means the scale of salary specified in a
Remuneration Order made under section 7 of the Act by
means of increments ranging from a specified minimum
amount to a specified maximum amount;
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“secondment” means the temporary movement of an officer
holding an office in the Service to an office or position
outside the Service or the temporary movement of a person
from an office or position outside the Service to an office
within the Service;
“Service” means the Trinidad and Tobago Fire Service
established by section 3 of the Act;
“trainee” means a person who has been selected to undergo an
induction course at the Fire Service School;
“transfer” means the movement of an officer from one Division
in the Service to another Division in the Service.
(2) These Regulations are applicable to all officers,
except in so far as alternative provision is made for an officer in
any written law.
CHAPTER II
PART I
RECRUITMENT
3. (1) A person who—
(a) successfully completes a course approved by
the Chief Fire Officer and conducted by the
Fire Service School or completed a course
recognised by the Chief Fire Officer as the
equivalent of the course conducted by the Fire
Service School; and
(b) at the time of application—
(i) is of good character as evidenced by a
testimonial from the Police and a member
of standing in the community;
(ii) is not younger than eighteen years nor
older than thirty-five years;
(iii) is of good physique of at least 166.25
centimetres in height in the case of males
Qualification
for appointment
as Firefighter.
[324/2004].
UNOFFICIAL VERSION
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and 160 centimetres in height in the case
of females;
(iv) possesses—
(A) Caribbean Examination Council
passes in General Proficiency,
Grade I, II or III or Basic Grade I
in English Language and General
Proficiency Grade I, II or III or Basic
Grade I or II in two other subjects;
(B) General Certificate of Education at
“ordinary level” with passes in three
subjects one of which is English
Language at Grade A, B; or
(C) such other qualification assessed to
be suitable by the Chief Fire Officer
after consultation with the
Permanent Secretary and the Chief
Personnel Officer,
is eligible as a candidate for appointment to the office of
Firefighter.
(2) A person who successfully completes his
apprenticeship training on terms and conditions as approved by
the Chief Fire Officer and satisfies the requirements specified in
subregulation (1)(b)(i), (ii) and (iii) is eligible as a candidate
for appointment to the office of Firefighter.
(3) A person who at the commencement of
these Regulations—
(a) is a member of the Auxiliary Fire Service
established under section 3 of the Auxiliary
Fire Service Act;
(b) satisfies the requirements specified in
subregulation (1)(b)(i) and (iii); and
(c) has been performing the duties of the office of
Firefighter on a full-time, continuous basis
Ch. 35:54.
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under section 9 of the Auxiliary Fire Service Act
and who, as at January 1, 1991 would have
served in the office of Fireman for a period of
five or more years,
is eligible as a candidate for appointment to the office of
Firefighter.
(4) A person who—
(a) is a member of the Auxiliary Fire Service
established under section 3 of the Auxiliary Fire
Service Act; and
(b) satisfies the requirements—
(i) specified in subregulation (1)(b)(i), (ii)
and (iv) and has been performing the
duties of Firefighter on a full-time,
continuous basis under section 9 of the
Auxiliary Fire Service Act and who, as at
31st December, 2002 would have served
in the office of Firefighter for a period of
three or more years; or
(ii) specified in subregulation (1)(b)(i) and
(iii) and has been performing the duties
of Firefighter on a full-time,
continuous basis under section 9 of the
Auxiliary Fire Service Act and who, as
at 31st December, 2002 would have
served in the office of Firefighter for a
period of five or more years,
is eligible as a candidate for appointment to the office of Firefighter.
4. (1) On appointment to the Service, a person shall be
given a service number which shall be inserted on his Fire Service
Identification Card and shall be retained throughout his service.
(2) A service number once issued shall not be re-issued.
5. (1) An officer shall report a change of name, if any, to
the Chief Fire Officer who shall in turn advise the
Permanent Secretary.
Ch. 35:54.
Service Number.
Officer to report
change of name.
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Qualification for
appointment—
Fire
Sub-Officer.
Qualification for
appointment—
Fire Sub-Station
Officer.
Qualification for
appointment—
Fire Station
Officer and
Fire Equipment
Supervisor.
(2) The Permanent Secretary, when advised of a
change of name under subregulation (1), shall advise the
Director accordingly.
6. A candidate for appointment to the office of Fire
Sub-Officer shall be—
(a) a person appointed to the office of Firefighter
with four or more years service in the Service,
who has passed a job-related written examination
and a practical examination conducted for that
purpose by the Examinations Board; or
(b) a person appointed to the office of Firefighter
with four or more years service in the Service
who holds the Preliminary Certificate of the
Institution of Fire Engineers and who has passed
a practical examination conducted by the
Examinations Board.
7. A candidate for appointment to the office of Fire
Sub-Station Officer shall be a person holding the office of Fire
Sub-Officer with at least seven years’ service in the Service
and who—
(a) has passed a job-related written examination
conducted by the Examinations Board; or
(b) holds the Preliminary Certificate of the
Institution of Fire Engineers.
8. (1) On satisfying the requirements of subregulation (2)
or (3), a candidate for appointment to the office of Fire Station
Officer shall be a person holding the office of Fire Sub-Station
Officer and who—
(a) has passed a job-related written examination
conducted by the Examinations Board; or
(b) is the holder of the Graduate Diploma of the
Institution of Fire Engineers or equivalent related
qualification as determined by the Chief Fire
Officer after consultation with the Permanent
Secretary and the Chief Personnel Officer.
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(2) Where a candidate for appointment to the office of
Fire Station Officer has at least five years service in the office of
Fire Sub-Station Officer, he shall be required to pass a written
examination in English and Management Studies conducted by
the Examinations Board.
(3) Where a candidate for appointment to the office of
Fire Station Officer has served for at least five years in the office
of Fire Sub-Station Officer, he shall be required to pass
examinations in Management Studies conducted by the
Examinations Board.
(4) A candidate for appointment to the office of Fire
Equipment Supervisor shall be a person holding the office of Fire
Sub-Station Officer who is the holder of a National Technician’s
Certificate in Mechanical Engineering or its equivalent as
determined by the Chief Fire Officer after consultation with the
Permanent Secretary and the Chief Personnel Officer.
9. (1) A candidate for appointment Assistant to the office
Divisional Fire Officer shall be selected from among those
persons holding the office of Fire Station Officer or Fire Equipment
Supervisor with at least ten years’ service in the Service.
(2) A Fire Station Officer or a Fire Equipment
Supervisor in order to be a candidate for appointment to the
office of Assistant Divisional Fire Officer shall possess one of the
following qualifications:
(a) passes in five subjects in the Caribbean
Examinations Council Examinations including a
pass in the subject of English Language at
General Proficiency Grade I, II, III or Basic
Proficiency at Grade I and in the other subjects
at the General Proficiency Grade of I, II or III or
the Basic Proficiency Grade of I or II, and passes
in two (2) subjects at “Advanced” level in the
General Certificate of Education Examination;
Qualification for
appointment—
First Division.
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(b) a General Certificate of Education with passes
at “Ordinary” level in not less than five subjects
including English Language and passes in two
subjects at “Advanced” level;
(c) the Graduate Diploma of the institution of Fire
Engineers, or equivalent related qualification as
assessed by the Chief Fire Officer after
consultation with the Permanent Secretary and
the Chief Personnel Officer;
(d) the Diploma from the Joint Services Staff College;
(e) successful completion of the Overseas
Operational Commanders’ and Fire Prevention
Course;
(f) passes in a written examination in English
and Management Studies conducted by the
Examinations Board.
(3) A candidate for another office in the First Division
shall have the qualifications prescribed for the office of Assistant
Divisional Fire Officer and shall have served in that office.
10. The qualifying period of service specified in this Part in
respect of an office may be waived in full or in part in writing by
the Chief Fire Officer after consultation with the Chief Personnel
Officer where the candidate for appointment to an office
demonstrates an exceptional level of performance as indicated in
his performance appraisal reports, particularly in regard to his
performance in his present office.
11. (1) For the purpose of determining the age of a
candidate for admission into the Service, there shall be deducted
from the candidate’s actual age—
(a) a period of national or military service or
service in a protective service, not exceeding
two years; or
Waiver of
qualifying
period.
Age limit for
candidate.
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(b) any period of continuous service not exceeding
two years, in a civil capacity under the State
including acting or temporary service or service
in a statutory authority,
where such service immediately precedes the date of application
for entry into the Fire Service School.
(2) For the purposes of these Regulations, “Protective
Service” means the Fire Service as established by the Fire Service
Act, the Prison Service as established by the Prison Service Act
and the Police Service as established by the Police Service Act.
12. (1) The Minister after informing the appropriate
recognised association may employ a person, including a
pensioner, on contract for a period not exceeding five years if he
is satisfied that the person or pensioner is in possession of
essential experience or technical qualifications which make him
particularly useful to the service.
(2) For the purpose of this regulation a “pensioner”
means a person who is in receipt of a pension.
13. A person who has attained the age of thirty-five years
but who is under fifty years of age and who has previous service
in the Service which under the Fifth Schedule to the Act may be
deemed to count for Pension purposes may be re-employed in an
office in the Service.
14. (1) An Examinations Board appointed in writing by the
Minister shall—
(a) set and conduct at least once a year the
examination which is to be passed by an
officer prior to appointment to an office in the
Service; and
(b) assess each examination paper submitted.
(2) A candidate shall apply in writing to sit an
examination referred to in subregulation (1) and shall undergo an
examination conducted by the Examinations Board.
Ch. 35:50.
Ch. 13:02.
Ch. 15.01.
Employment of
pensioners and
others on
contract.
Age limit for
Service.
Examinations
Board.
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(3) A candidate shall be placed in order of merit by
the Examinations Board according to his performance in
that examination.
(4) A candidate for an examination conducted by the
Examinations Board shall be required to pay such examination fee
as may be determined by the Minister by Notice in the Gazette.
(5) Payment of the examination fee shall be made at the
office of the Comptroller of Accounts, Port-of-Spain or at any
District Revenue Office, and the official receipt for such payment
shall be attached to the application referred to in subregulation (2).
(6) An officer may sit for any examination conducted by
the Examinations Board in respect of an office.
15. (1) A candidate selected for appointment by the
Commission to the office of Firefighter, other than a graduate of
the Fire Service School, who is selected for appointment within
twenty-four months of graduation, shall be required to pass a
medical examination specifically designed for persons required
to respond to the physical and psychological demands of an
office in the Service as a qualification for appointment.
(2) The examination referred to in subregulation (1)
shall be conducted by an appropriately qualified person
appointed by the Chief Fire Officer.
(3) Where a person is recruited from outside Trinidad
and Tobago, he shall undergo and pass a medical examination to
be conducted by a recognised medical practitioner of the country
where he is recruited before he leaves the country from which he
is recruited.
PART II
PROBATIONARY PERIOD
16. Where an officer is transferred from the Service to an
office in another Service of the Government, the Chief Fire
Officer shall take immediate steps to ensure the release of such
officer to assume duties in his new office on the date fixed by the
appropriate Service Commission.
Medical
examination.
Chief Fire
Officer to
release
transferred
officer.
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17. (1) Subject to this Part, an officer on first appointment to
the Service shall serve a probationary period of twelve months.
(2) Subject to this Part, an officer who is appointed on
promotion to office shall serve a probationary period of six
months in the office to which he is promoted.
(3) Where an officer is transferred to the Service from
another Service of the Government and the exigencies of that
Service preclude his assumption of duties in his new office on
the date fixed by the appropriate Service Commission, the period
of probation commences from the date of assumption in his
new office.
18. (1) Where an officer is appointed to an office in which
he has performed the duties whether in an acting capacity or on
secondment for periods of equal or longer duration than the
period of probation prescribed in regulation 17 immediately
preceding the appointment, the officer shall not be required to
serve a probationary period.
(2) Where an officer is appointed on promotion on
probation to an office in which immediately preceding the
promotion he has acted for a period less than that prescribed in
regulation 17 that period of acting service shall be offset against
the probationary period.
19. (1) The following principles shall be observed for the
treatment of an officer during that officer’s period of probation:
(a) the officer shall be given every opportunity to
learn his work and be tested as to his suitability
for it;
(b) the officer shall be accorded all possible
facilities for acquiring experience in his duties;
(c) the officer shall be subject to continual and
sympathetic supervision;
(d) so far as the exigencies of the Service permit,
the officer shall be assigned to duty only where
such observation is possible.
Probationary
period.
Variation of
probationary
period.
Principles to be
observed during
probationary
period.
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Probationary
reports.
Officer to make
representations
on adverse
markings in
probationary
report.
(2) Where, at any time during his period of probation,
the officer exhibits tendencies in the performance of his office
which indicate that he is unlikely to be fit for confirmation in his
appointment, these tendencies shall immediately be drawn to his
attention in writing by the Chief Fire Officer and the officer shall
be given such assistance as may be possible to enable him to
correct those tendencies.
20. (1) In the case of an officer serving a probationary
period of twelve months the Chief Fire Officer through the
Permanent Secretary shall submit to the Director two reports
as follows:
(a) a first report after the officer has completed six
months service; and
(b) a final report one month before the period of
probation expires.
(2) In the case of an officer serving a probationary period
of six months the Chief Fire Officer through the Permanent
Secretary shall submit to the Director two reports as follows:
(a) a first report three months before the period of
probation expires; and
(b) a final report one month before the period of
probation expires.
(3) In submitting the final report under this Regulation,
the Chief Fire Officer through the Permanent Secretary shall
recommend that—
(a) the officer be confirmed in the appointment; or
(b) the services of the officer be terminated in
that office.
(4) A report under this Regulation shall be seen by the
officer on probation who may comment upon the report and
shall sign it.
21. (1) An adverse comment in a probationary report on the
officer shall be in specific terms and the officer shall be notified
accordingly in writing in duplicate, as early as possible, in order
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that he has sufficient time in which to make an effort to correct
any shortcomings before his probation expires and to make any
representations on the adverse marking.
(2) The officer shall retain the original notification of
the adverse report or comments referred to in subregulation (1)
and shall sign the duplicate and return it to the Chief Fire
Officer for the record and may also indicate his intention of
making representations.
(3) The officer may present to the Chief Fire Officer and
the Permanent Secretary his representations in writing on the
adverse report referred to in subregulation (1), within ten working
days of signing the notification of adverse comments and may
send a copy of the representations directly to the Commission.
(4) The Permanent Secretary shall forward to the
Commission any representations submitted to him under
subregulation (3) together with his comments and those of the
Chief Fire Officer.
(5) Where an adverse report is made on an officer during
a probationary period, the Permanent Secretary shall remove that
report from the officer’s record on his confirmation of appointment
in that office and shall notify the Commission accordingly.
22. The Permanent Secretary shall keep a record in relation
to each officer who has been appointed on probation to an office
in the Service.
23. (1) The Chief Fire Officer shall keep a current seniority
list of all officers in the Service for the purposes of allocation
of tasks.
(2) The seniority of an officer shall be determined by
the date of his appointment to the particular office in which he
is serving.
(3) The seniority of officers promoted to the same office
from the same date shall be determined by their seniority in their
former office.
Record to
be kept.
Seniority list.
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Salary.
Date of payment
of salary.
Advance
of salary.
(4) The seniority of an officer who resigns voluntarily
from the Service and is subsequently reappointed shall be
reckoned from the date of his reappointment.
PART III
REMUNERATION AND ADVANCES
24. (1) An officer is entitled to the full salary of the office to
which he is appointed as from the date of his appointment.
(2) Subject to subregulation (3), upon initial
appointment, whether temporary or permanent, the commencing
pay in respect of an office to which a person is appointed shall be
the minimum of the salary scale applicable to that office.
(3) The Permanent Secretary may authorise payment to
an officer, after consultation with the Chief Personnel Officer, of
a commencing pay at any incremental point in the salary scale in
respect of the office to which the person is appointed.
25. (1) Subject to subregulations (2) and (3), salary shall
be paid on the business day previous to the last business day of
the month.
(2) The Permanent Secretary in the Ministry of Finance
may vary the date of payment of salary to a date earlier than
that referred to in subregulation (1) whenever it appears to him
expedient to do so.
(3) An officer who is proceeding on leave may receive
his salary at his request before the day referred to in
subregulation (1) or (2) for the whole month which he proceeds
on leave where the period of leave extends beyond the end of the
particular month.
26. (1) An advance not exceeding one month’s salary may
be paid to an officer proceeding on vacation leave of no less than
fourteen days if taken out of Trinidad and Tobago or if in Trinidad
and Tobago, is taken away from his ordinary place of residence.
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(2) An advance referred to in subregulation (1) may be
paid to the officer at his request either in Trinidad and Tobago
before he proceeds on leave or while he is abroad on leave.
(3) Interest is payable by the officer on any advance of
salary paid under this regulation, and at such rate as the Minister
of Finance may from time to time determine.
(4) An advance not exceeding one month’s salary may
be paid to an officer through a Trinidad and Tobago Overseas
Mission in cases of emergency, each case being dealt with on
its merit.
(5) An advance granted under this regulation, together
with interest, shall be repayable in twelve monthly instalments
or in such longer period as the Minister of Finance may
determine, with the first instalment falling due at the end of the
month following that in which the officer resumes duty.
27. (1) The Minister of Finance may authorise an advance
of salary for other purposes not specified in these Regulations.
(2) For the purposes of subregulation (1), the Permanent
Secretary in the Ministry of Finance may require the officer to
furnish security.
(3) Interest is payable by the officer on any advance
made under this regulation and at such rate as the Minister of
Finance may from time to time determine.
(4) An officer shall apply for an advance under this
regulation to the Permanent Secretary in the Ministry of Finance
through the Comptroller of Accounts.
(5) An advance granted under this regulation shall be
recovered by deductions from the officer’s salary in not more
than thirty monthly instalments as shall be fixed by the
Permanent Secretary in the Ministry of Finance.
(6) The Permanent Secretary in the Ministry of Finance,
when determining the number of monthly instalments, shall take
into account the indebtedness of the officer.
Minister may
authorise
advance for
other purposes.
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28. (1) Subject to subregulation (3), no money shall be
deducted from an officer’s salary without prior notice in writing
to him of not less than one month.
(2) An officer may authorise the Accounting Officer of
the Ministry to make monthly deductions from his salary, of dues,
liabilities or contributions payable to—
(a) the appropriate recognised association to which
he belongs;
(b) an insurance company in respect of his life
insurance premiums, pensions or annuities;
(c) a credit union or other financial institution
approved by the Comptroller of Accounts for
receipt of such payments;
(d) a spouse or parent of his child, in accordance
with a Court order.
(3) The Permanent Secretary may—
(a) deduct from the salary of an officer the amount
of any penalty imposed as a result of disciplinary
action under the relevant Regulations made by
the Public Service Commission;
(b) in accordance with the Financial Regulations
deduct from the salary of an officer all
overpayments of salary; or
(c) make such deductions as may be approved by
the Minister of Finance towards the reduction
of or payment of outstanding debts due
to Government.
29. (1) Subject to this regulation, where an officer is
appointed to an office on promotion, that officer shall receive as
a minimum increase in salary, an amount not less than the value
of an increment in the salary scale applicable to the office from
which the officer has been promoted.
(2) An officer who has completed a period of
secondment shall on his return to his substantive office revert to
Deduction
from salary.
Adjustment of
salary on
promotion or
secondment.
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the point in the salary scale in respect of his substantive office
which he would have reached had he not been seconded.
(3) Where a person has been seconded to an office in the
Service and is subsequently appointed to that office or to an
office in the same salary scale, he shall retain the salary which he
was receiving at the time of such appointment.
30. (1) Where an officer is appointed to act in an office in
which the salary scale is higher than that of his substantive office,
that officer shall, with effect from the date of the commencement
of his acting appointment, receive salary at the point in that salary
scale determined according to the principle applicable for
promotion prescribed in regulation 29(1).
(2) Any additional payment made under this Regulation
to an officer appointed to act in a higher office, which is over and
above what he would have drawn in his substantive office, shall
be deemed to be an acting allowance.
(3) On reverting to his substantive office on the
termination of his acting appointment, the officer shall be paid
the salary in his substantive office which be would have received,
including increments that would have been earned, had he not
been given an acting appointment.
(4) For the purpose of payment of an acting allowance
under this regulation an acting appointment shall be considered
not to have been broken and an acting allowance shall be paid
during periods of—
(a) leave on casual absence from duty under
regulation 70 provided that such leave does not
exceed seven consecutive working days;
(b) attendance at an in-service training course at the
direction of the Chief Fire Officer;
(c) ordinary sick leave under regulation 81.
(5) Where—
(a) an officer has been acting continuously in a
higher office for at least twelve months and a
break occurs in his acting appointment; and
Adjustment of
salary on acting
appointment.
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(b) the officer resumes acting in the same office in
the same salary scale within six months of
the break,
the officer on resumption of duty shall continue to receive salary at
the point of the salary scale applicable to the higher office at which
he was being paid immediately preceding the break or if such
salary is lower than the salary payable to him in his substantive
office, his salary shall convert to a point in the salary scale in
respect of the higher office in accordance with regulation 29(1).
(6) Where an officer has been acting in a higher office
for less than twelve months and a break occurs in his acting
appointment, that officer on resuming acting in the same office or
another office in the same salary scale shall be paid salary at the
rate he would have been paid as if his appointment to act was an
initial acting appointment.
(7) For the purposes of subregulations (5) and (6) the
term “break” does not include—
(a) annual vacation leave taken by the officer after
a period of acting continuously for twelve
months in a higher office;
(b) ordinary sick leave;
(c) casual absences from duty referred to in
regulation 70 not exceeding seven consecutive
working days;
(d) attendance at an in-service training course at the
direction of the Chief Fire Officer;
(e) a training award not exceeding one year.
(8) Subject to subregulation (9), where an officer who has
held an acting appointment for at least twelve continuous months
proceeds on annual vacation leave granted under regulation 65, or
accumulated annual vacation leave granted under regulation 68, an
allowance equivalent to the acting allowance for which the officer
would have qualified had he not proceeded on such leave shall be
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Salary when
appointed to act
in intermediate
office or
promoted to
intermediate
office.
paid to the officer in respect of such annual vacation leave or
accumulated annual vacation leave earned in the higher office in
which he held an acting appointment.
(9) No allowance equivalent to an acting allowance
referred to in subregulation (8) shall be payable in respect of
accumulated annual vacation leave referred to in regulation 68
if that leave was not earned in the higher office in which the
officer held an acting appointment.
31. (1) Where an officer has been acting in a higher office
and the officer is subsequently appointed to act in or is promoted
instead to a lower office which is still higher than his substantive
office (hereinafter referred to as his intermediate office), the
officer shall receive credit in the intermediate office in respect of
the period of acting in the higher office for the purpose of
payment of an acting allowance.
(2) The credit referred to in subregulation (1) shall be
applied by treating the officer as though he had been appointed to
act in, or had been promoted to, the intermediate office from the
date on which he commenced acting in the previous higher office.
(3) Where the officer has been acting in the intermediate
office or in an office of similar salary scale immediately before he
started to act in the higher office, on being reappointed to act in
the lower intermediate office or on being promoted to such office,
credit shall be applied in respect of the intermediate office by
allowing the officer to retain the remuneration in the intermediate
office that he would have received if he had continued to act in the
intermediate office instead of in the higher office.
(4) Where, prior to acting in the higher office, the officer
had been acting in the intermediate office for at least twelve
continuous months and there was a break of not more than six
months in that acting appointment, the salary which is payable to
him in the higher office shall be determined by adjusting his salary
in the higher office to the point in the salary scale in respect of that
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Fire Service (Terms and Conditions of Employment) Regulations[Subsidiary]
68 Chap. 35:50 Fire Service
LAWS OF TRINIDAD AND TOBAGO
office which is equivalent to, or higher than, that payable to him
in respect of the intermediate office determined in accordance
with the principles specified in regulation 29(1).
(5) For the purposes of subregulation (4), the term “break”
does not include those circumstances described in regulation 32(3).
32. (1) Where an officer has been appointed to act in an
office which is higher than that in which he had been acting
previously without any break occurring between the two acting
appointments, his salary in such higher office shall be determined
in accordance with the principles specified in regulation 29(1) as
if that appointment was one to which regulation 29(1) applies.
(2) Where—
(a) a break of six months or less occurs between the
two acting appointments of an officer referred to
in subregulation (1); and
(b) the officer has been acting continuously for
more than twelve months in an office lower than
the one to which he is appointed to act
immediately subsequent to the break,
his salary on assumption of duty to act in the higher office shall
be determined in accordance with subregulation (1).
(3) For the purposes of this regulation, the term “break’’
does not include—
(a) annual vacation leave taken by the officer after
a period of acting continuously for twelve
months in a higher office;
(b) ordinary sick leave;
(c) casual absence from duty referred to in
regulation 70 not exceeding seven consecutive
working days;
(d) attendance at an in-service training course at
the direction of the Chief Fire Officer;
(e) a training award not exceeding one year.
Acting
appointment in
an office higher
than that in
which an officer
held acting
appointment.
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33. On the reassignment of an office to a higher salary scale,
the salary of an officer holding an appointment in that office shall
be determined in accordance with the principles specified in
regulation 29(1) with effect from the date of that reassignment.
34. At the termination of his acting appointment, the officer
on reverting to his substantive office shall be paid the salary in
his substantive office which he would have received had he not
been given an acting appointment.
35. (1) Unless otherwise provided for by any other written
law, the incremental date, being the date on which an increment in
the salary scale is due to an officer, shall be the annual anniversary
date of an officer’s first appointment or promotion to an office, or
that date as varied by the imposition of a penalty deferring
increment under the Public Service Commission Regulations.
(2) Where an Officer is advised by the Commission that
his appointment or promotion is effective from the date of his
assumption of duty, his incremental date shall be the annual
anniversary date of his assumption of duty.
(3) The incremental date of an officer who is acting in
an office shall be the annual anniversary date of his acting in such
office for a continuous period of twelve months.
(4) Where an officer’s salary on an acting appointment
or on promotion has been adjusted in accordance with
regulation 29(1), his incremental date for movement of salary to
the next point in the salary scale while on that acting appointment
or promotion shall be the date of the acting appointment
or promotion.
(5) Where an officer is promoted to an office
immediately after having held an acting appointment in the same
office or an office in the same salary scale, his incremental date on
promotion shall not vary from that held in the acting appointment
immediately prior to promotion.
Salary on
reassignment
of office.
Salary on
reversion to
substantive
office.
Incremental
date.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Fire Service (Terms and Conditions of Employment) Regulations[Subsidiary]
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LAWS OF TRINIDAD AND TOBAGO
(6) Where there is a break in the acting appointment of
an officer who has acted continuously in a higher office for
twelve months or more, and that officer resumes acting or is
promoted to that office or another office in the same salary range
within six months of the commencement of the break in such
acting appointment, the incremental date of that officer while in
such higher office shall be—
(a) the date immediately following the date on
which he completes the unexpired period of his
incremental year which was outstanding at the
time the break occurred; or
(b) the anniversary date of his substantive
appointment whichever is the more beneficial
to the officer for the purposes of calculation
of salary.
(7) Where an officer who is appointed to act in a higher
office proceeds on an in-service training course in excess of six
weeks but not more than twelve consecutive months and resumes
his acting appointment or is promoted to the same office or to
another office in the same salary scale, his incremental date shall
be the date immediately following the date on which he
completes the unexpired period of service of his incremental year
in such higher office.
(8) For the purposes of subregulations (6) and (7)
“incremental year” means the year immediately subsequent to the
date referred to in subregulations (1), (2) and (3).
(9) Where the period of probation of an officer has been
extended and he is subsequently confirmed in his appointment
the Permanent Secretary may direct that the officer’s increment
be paid—
(a) with effect from the date following that on
which the extended period of probation expired,
without change in the incremental date; or
(b) with effect from the date following that on
which the extended period of probation expired,
which date becomes the incremental date.
UNOFFICIAL VERSION
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Fire Service (Terms and Conditions of Employment) Regulations [Subsidiary]
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36. An officer who is transferred from one office to another
office that has the same salary scale shall retain the incremental
date he had in the office from which he has been transferred.
37. (1) Where an officer holds an office carrying a salary
scale, the Permanent Secretary may award an increment to that
officer according to the standard of the performance of his duties
as reflected in his performance appraisal report in respect of the
year reviewed.
(2) The Permanent Secretary shall sign an incremental
certificate on the determined form in respect of an officer to be
effective from the date on which the officer’s increment becomes
due, and shall attach that certificate to the paysheets for the
month in which the increment accrues.
(3) Where the Chief Fire Officer recommends in a
performance appraisal report that an increment ought not to be
granted, he shall notify the officer in writing, not later than thirty
days before the incremental date, of the reasons for his
recommendation and the officer may, within seven days of the
receipt of such notification, make representations in writing to
the Permanent Secretary.
(4) In determining whether the performance of an
officer merits the award of an increment the Permanent Secretary
shall not take into account any act of minor misconduct if the
officer qualified for an increment in other respects.
38. An officer on attaining the point in his salary scale
immediately prior to “Longevity” in an Order under section 7 of
the Act or in a circular whichever is later in time, in respect of an
office may, after two years of obtaining that point in the salary
scale, be paid an increment in the salary scale, biennially, on
three separate occasions at the value of the increment in the
salary scale applicable to that office specified in the column
headed “Longevity”.
Incremental date
on transfer.
Payment of
increment.
Payment of
increment where
officer at
maximum of
salary scale.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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72 Chap. 35:50 Fire Service
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39. (1) A periodic assessment of the job performance and
career appraisal potential of each officer in relation to his
contribution to the Service shall be conducted by the Chief Fire
Officer in accordance with a form which the Minister
shall determine.
(2) That form which shall be known as the performance
appraisal report, shall—
(a) provide for communication to a person of the
nature of his job performance for the period
under review, and his career potential;
(b) ensure the person’s participation in the
establishment of the standards required in order
that his job performance and career potential
may be accurately evaluated by persons
specified in the form.
40. (1) The Chief Fire Officer shall cause an unbiased
assessment of the job performance of each officer in the Service
to be made by the officer identified as the reporting officer in the
performance appraisal report.
(2) A reporting officer shall, after ensuring that
full communication has occurred with the officer concerning
that officer’s job performance, record in the performance
appraisal report—
(a) the strengths and weaknesses of that officer’s job
performance based on the duties and standards
previously agreed upon with that officer;
(b) the means, if any, by which the officer’s job
performance may be improved;
(c) the training and developmental needs of that
officer within the Service;
(d) the means by which that officer’s job
satisfaction may be enhanced;
(e) the future career potential of that officer and
how it may be developed;
(f) the duties and standards of performance
required of that officer for the next year.
Performance
appraisal
reports.
Conduct of
performance
appraisal.
UNOFFICIAL VERSION
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(3) A reporting officer shall ensure that any
commendation or award shall be recorded in that officer’s
performance appraisal report.
(4) An officer being reported on shall comment in the
performance appraisal report on any aspect of the assessment
whether it be satisfactory or otherwise.
(5) Where a shortcoming in performance has been
recorded in that report, the Chief Fire Officer shall discuss the
content of the performance appraisal report with the officer being
reported on and the reporting officer.
(6) A copy of a performance appraisal report signed by
the Chief Fire Officer and endorsed as having been seen by the
officer being reported on shall be sent to the Director and made
available to the officer, on request.
41. (1) The Permanent Secretary may defer the payment of
an increment to a officer for a period not exceeding six months.
(2) Where the Permanent Secretary after considering
any representations by an officer made under regulation 37(3)
or 40 is of the view, on the basis of the performance appraisal
report and representations of the officer, that payment of an
increment to the officer is not justified, the Permanent Secretary
shall notify the officer in writing, of his decision to defer the
payment of the increment and of the period of that deferral and
the reasons therefor.
(3) Where the Permanent Secretary defers payment of
an increment to an officer under subregulation (2) for a specified
period, the Permanent Secretary shall, not less than thirty days
before the expiration of the specified period, obtain a report on
that officer from the Chief Fire Officer.
(4) Where the Permanent Secretary, after taking into
account the report referred to in subregulation (3) is of the view
that the payment of the increment is justified, the Permanent
Secretary shall grant the payment of the increment from a date
determined by the Permanent Secretary.
Deferral.
UNOFFICIAL VERSION
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(5) Where the Permanent Secretary is of the view that
the report referred to in subregulation (3) does not justify the
payment of the increment he may refuse to award the
increment, and such refusal shall be entered into the performance
appraisal report.
(6) Where the Permanent Secretary, defers the payment
of an increment to an officer under this regulation, that deferral
shall not affect the officer’s incremental date.
PART IV
SECONDMENT
42. (1) A person on secondment to an office in the Service
shall draw the full pay applicable in respect of the office to which
he is seconded and shall be eligible for increments, if any,
normally payable to the holder of that office.
(2) The remuneration of an officer on secondment to an
office out of the Service shall be paid by the receiving Ministry
or Department, Government, administration or organisation.
(3) During the period of secondment of an officer out
of the Service the officer shall remain on the establishment of the
Service, and may be promoted in absentia.
(4) The period of service of an officer while on
secondment shall count for pension purposes where the secondment
is to an office in another Service of Government or where the
receiving organisation makes the appropriate arrangement for the
preservation of the officer’s pensionable service.
(5) A person on secondment into the Service shall be
eligible for the leave applicable to the office to which he is
seconded and while on such leave, he shall receive the pay
available to the holder of that office.
(6) An officer who has completed a period of
secondment outside of the Service and who returns to the Service
shall normally revert to the point in the salary scale in respect of
his substantive office which he would have reached if he had not
been seconded.
Secondment.
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PART V
PAYMENT OF PENSION
43. (1) The computation and authorisation of pensions and
gratuities of officers whose retirement from the Service is known
to be impending shall be treated as urgent matters of high priority.
(2) The Chief Fire Officer through the Permanent
Secretary shall ensure that particulars of service and pay of each
officer whose retirement is known to be imminent are furnished
accurately to the Comptroller of Accounts not less than six
calendar months before the date on which the officer concerned
is due to retire, in order to enable the computation and checking
of pensions, retiring allowances and gratuities to be completed by
the Comptroller of Accounts and the Auditor General and
submitted for authorisation before the date on which the officer’s
retirement from the Service is due to take effect.
(3) The Comptroller of Accounts shall keep separate
records with respect to each officer in the Service, showing the
various offices held by each officer and the pay drawn by him
while in the Service.
CHAPTER III
TERMINATION OF SERVICE
44. (1) An officer who wishes to resign from the Service
shall give to the Permanent Secretary through the Chief Fire
Officer notice in writing of his intention to resign at least one
month before the date on which he wishes to relinquish his
appointment, but the Permanent Secretary may waive the
requirement of notice in whole or in part if he thinks fit.
(2) Where a notice of resignation is received under
subregulation (1) the Permanent Secretary shall immediately
forward that notice to the Commission.
(3) Notwithstanding any regulation in respect of non-
forfeiture of leave, an officer who fails without reasonable cause
to comply with subregulation (1) may forfeit all leave and the
benefits and privileges accruing to him in respect of leave.
Computation of
pension—a
matter of high
priority.
Requirement
of notice.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(4) An officer is not entitled to withdraw his notice of
resignation before such resignation becomes effective except
with the permission of the Commission.
45. (1) The service of an officer who holds a permanent
appointment ceases on—
(a) removal from office by the Commission;
(b) abandonment of office;
(c) voluntary resignation; or
(d) attaining the age of compulsory retirement or
exercising the option of voluntary retirement
specified in regulation 46.
(2) For the purposes of subregulation (1) “abandonment
of office” occurs where an officer—
(a) is absent from the duties of his office without
authorised leave for a period of fourteen
consecutive days;
(b) fails within the period to notify the Permanent
Secretary, the Chief Fire Officer or a senior
officer either directly or by a third party of the
cause of absence; and
(c) fails to respond within fourteen consecutive
days to a request to explain his absence made to
him in writing by the Permanent Secretary on
the day immediately following the expiry of the
period specified in paragraph (a).
(3) Where an officer’s service ceases under
subregulation 45(1)(b), (c) or (d) the Permanent Secretary shall
notify the Commission accordingly in writing.
46. (1) An officer in the First Division—
(a) shall retire on attaining the age of sixty years;
(b) may retire voluntarily at any time after attaining
the age of fifty-five years;
(c) may apply to the Commission through the Chief
Cessation
of service.
Retirement age.
UNOFFICIAL VERSION
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Fire Officer seeking permission to retire at any
time after attaining the age of fifty years.
(2) An officer in the Second Division—
(a) shall retire on attaining the age of fifty-five
years;
(b) may apply to the Commission through the Chief
Fire Officer seeking permission to retire after
attaining the age of fifty years.
(3) An officer who complies with subregulation (1)(b)
or (c) or (2)(b) retires without deferral of his pension benefits.
(4) The Permanent Secretary shall inform the Director
of all officers in the Service who are within one year of attaining
the relevant compulsory retirement age.
CHAPTER IV
PART I
HOURS OF WORK, RECORDS
47. (1) Subject to subregulation (4), officers in the Second
Division shall work forty hours per week.
(2) Subject to subregulation (4), an officer in the Second
Division shall be entitled in respect of any one week to two full
days free from duty to be known as “weekly rest days” provided
always that the normal workweek is not reduced to less than
forty hours.
(3) Subject to subregulation (4), the weekly rest days
referred to in subregulation (2) shall be in lieu of Saturdays and
Sundays either of which may be counted as a rest day if granted
as such.
(4) The Chief Fire Officer may require the attendance of
staff on such days and for such hours as he considers necessary
in the exigencies of the Service.
(5) Where a public holiday falls within an officer’s
scheduled workweek, a day off in lieu of such public holiday
shall be granted to the officer.
Workweek and
working hours.
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48. (1) Subject to subregulation (2) and regulation 49,
where an officer in the Second Division works in excess of the
period prescribed in regulation 47 he may—
(a) be granted compensatory leave on full pay to the
extent of the excess; or
(b) be granted overtime pay which shall be
calculated at a rate of time and one-half his basic
hourly rate.
(2) An officer in the Second Division who works in
excess of the period prescribed in regulation 47 up to two hours
per week, shall be compensated in accordance with the
Agreement dated 23rd March 1993 made between the Chief
Personnel Officer and the Fire Service Association of Trinidad
and Tobago (Second Division).
(3) An officer who works on weekly rest days shall be
compensated for the time worked by a like number of hours
multiplied by one and a half.
(4) Compensatory leave referred to in paragraph (a) of
subregulation (1) or subregulation (3) earned by an officer in the
Second Division shall be granted to that officer within six weeks
after the month in which the excess hours have been worked.
(5) Where compensatory leave earned has not been
granted within the period specified in subregulation (4) the
officer shall be paid at the rate referred to in paragraph (b) of
subregulation (1).
(6) Leave granted under this regulation shall not affect
leave entitlements prescribed in Chapter V.
49. (1) Where an officer in the Second Division is called out
for duty by the Chief Fire Officer in the exigencies of the Service,
he shall be compensated—
(a) if called out on his rostered rest day—
(i) by being granted overtime pay for a
guaranteed minimum of four hours,
calculated at a rate of time and one-half
his basic hourly rate; or
Compensation
for excess
hours rostered.
Compensation
for excess hours
when called out
for duty.
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(ii) by being granted overtime pay for a
minimum of eight hours, calculated at a
rate of time and one-half his basic hourly
rate when required for duty in excess of
two hours; and
(b) if called out on a day other than his rostered rest
day by being granted overtime pay for a
minimum of two hours calculated at a rate of
time and one-half his basic hourly rate.
(2) For the purpose of subregulation (1), time spent
travelling to and from the location at which the officer is required
to report for duty shall be included in the calculation of the time
the officer was required for duty.
(3) Where an officer in the Second Division is called
out for duty by the Chief Fire Officer in the exigencies of the
Service, he shall be paid, in addition to his entitlement under
subregulation (1), those expenses actually incurred by him in the
use of public transportation to the location at which he is required
for duty or where there is no public transportation service available
at that time, the cost of one seat for one return journey by route taxi.
50. (1) An officer in the Second Division shall report for
duty at the watchroom of the fire station to which he is assigned
and the time of his arrival at, and departure from, that station
shall be recorded by the officer on duty, in the Station Diary or in
any object or device designed to record the time of arrival and
departure at the place of work as identified by the Chief Fire
Officer for that purpose.
(2) The Station Diary, or other object or device referred
to in subregulation (1), shall be examined daily by the duty officer.
(3) An officer in the First Division shall be required to
advise the officer in charge of Fire Control and Divisional
Control of his whereabouts at all times.
(4) For the purpose of this regulation “duty officer”
means an officer with the responsibility of checking the Station
Diary and includes the officer in charge of a station.
Attendance.
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51. (1) Subject to subregulation (2), the Chief Fire Officer
may permit an officer whose religious persuasion prohibits his
working on any day or part thereof to be absent from duty on
such day or part thereof.
(2) Any such officer shall apply in writing to the Chief
Fire Officer specifying the denomination of the religious
persuasion to which he belongs and the day or part thereof that he
is prohibited from working.
(3) The Chief Fire Officer in granting permission—
(a) where practicable, may arrange for the officer to
work for a period or periods outside the normal
hours of work during the week in which such
officer is permitted to be absent commensurate
with the period during which he has been
permitted to be absent from duty; or
(b) where the course mentioned in paragraph (a) is
impracticable, shall cause the absence to be
registered as leave without pay and the appropriate
deductions to be made from the officer’s salary.
PART II
RECORDS OF PERSONNEL
52. (1) There shall be one personal record for each officer
which shall be kept by the Chief Fire Officer.
(2) The personal record referred to in subregulation (1)
shall contain—
(a) a description of the officer;
(b) the officer’s place and date of birth;
(c) particulars of marriage (if any) and children
(if any);
(d) a record of service (if any) in any Naval,
Military or Air Force of a Commonwealth
territory or in the public service;
(e) a record of service (if any) in any other
Fire Service;
Certain officers
may be allowed
to be absent
from duty.
Personal record.
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(f) a record of results of examinations at which the
officer was a candidate;
(g) his personal appraisal reports;
(h) a record of service in the Service including
particulars of all promotions, assignments,
transfers, removals, injuries received,
commendations, awards, punishments other
than cautions, and the date, reason and manner
of his ceasing to be a member of the Service;
(i) copies of the divisional inset sheet referred to in
regulation 53.
(3) An officer shall be informed in writing of any
adverse reports or of any commendations which are made on the
personal record referred to in subregulation (1).
53. (1) A divisional inset sheet with the comments of the
officer in charge of the Division or Section shall be kept in
respect of each officer in a Division or Section.
(2) Where an officer is transferred from a Division or
Section that officer’s divisional inset sheet shall be sent directly
to the Chief Fire Officer, and a new inset sheet opened at his new
Division or Section.
54. An officer shall within fourteen days of his request to the
Chief Fire Officer in writing be shown all his personal records.
55. The personal records of an officer who leaves the Fire
Service shall be kept for such time as the Chief Fire Officer, after
consultation with the officer in charge of Government Archives,
thinks fit.
56. (1) An officer who leaves the Service shall be given a
Certificate of Service stating his office and the period of his
service in the Service and the reason for or the cause of his
leaving the Service.
Divisional
inset sheet.
Officer to see
personal
records.
Destruction
of personal
records.
Certificate
of Service.
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(2) The Chief Fire Officer may append to such
certificate any recommendation with respect to the officer’s
efficiency and conduct which he feels justified in giving.
CHAPTER V
LEAVE AND RELATED BENEFITS
57. (1) Leave available to be granted under these
Regulations, other than sick leave and maternity leave, is granted
subject to the exigencies of the Service.
(2) The Chief Fire Officer shall determine whether the
exigencies of the Service are such as to enable an officer to
proceed on leave at any given time.
(3) The Chief Fire Officer may, if the exigencies of the
Service so require—
(a) cancel any leave already granted; or
(b) recall to duty any officer who has proceeded
on leave at any time before the expiration of
such leave.
(4) Where an officer has been recalled from annual
vacation leave, he shall be eligible for the unexpired period of his
vacation leave.
(5) An officer who is recalled from annual vacation
leave or whose leave has been cancelled shall be reimbursed
actual financial loss sustained as a consequence of the decision to
recall him from leave or to cancel his leave.
58. No more than twelve per cent of the total strength of the
Fire Service may be granted annual vacation leave at any one time.
59. The Chief Fire Officer shall cause a record to be kept
to show—
(a) the officers to whom he has granted annual
vacation leave;
(b) particulars of the duration of such leave; and
(c) the address or addresses at which an officer may
be located during such leave.
Restrictions on
grant of leave.
Limit of officers
on annual
vacation leave.
Record of
officers on
annual vacation
leave.
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60. Saturdays, Sundays and public holidays shall not be
counted in the calculation of the period of annual vacation leave.
61. (1) An officer shall be eligible for annual vacation leave
in accordance with regulation 62 only after the completion of
one year of continuous service, and thereafter annual vacation
leave shall be pro-rated according to the subsequent period of
continuous service.
(2) An officer shall not earn annual vacation leave while
on such leave.
62. (1) Every officer shall be entitled to annual vacation
leave based on his salary and length of service as follows:
Level of Office 1—10 Years Over 10 Years
Continuous Continuous
Service Service
(2) In computing length of service for the purpose of
subregulation (1), “service” shall include other service in the
public service.
63. (1) An officer shall not take less than—
(a) fourteen working days leave each year if his
annual vacation leave entitlement is that referred
to in paragraph (a) of regulation 62(1); or
Exclusion of
Saturdays,
Sundays and
public holidays
from annual
vacation leave.
Eligibility for
annual vacation
leave.
Annual
vacation leave.
Minimum
annual vacation
leave to
be taken.
35 working days28 working days (a) officers in receipt of a salary
equal to or greater than that
of the maximum in respect
of an office in Range 24 as
specified in an order made
under section 7 of the Act;
28 working days (b) officers in receipt of a salary
less than that of the
maximum in respect of an
office in Range 24 as
specified in an order made
under section 7 of the Act.
21 working days
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(b) seven working days leave each year if his annual
vacation leave entitlement is that referred to in
paragraph (b) of regulation 62(1).
(2) The leave taken under subregulation (1) shall be
deducted from his leave entitlement referred to in regulation 62(1).
64. (1) An officer shall apply in writing for permission to
take annual vacation leave of fourteen working days or less to the
Chief Fire Officer no later than thirty days before the date he
anticipates proceeding on such leave.
(2) An application for annual vacation leave in excess of
fourteen (14) working days shall be submitted to the Chief Fire
Officer no later than October 3, in the preceding year or at such
other time as the Chief Fire Officer notifies the Service.
(3) An officer shall indicate in his application whether
the leave is to be spent in or out of Trinidad and Tobago and
the address at which he can be contacted at any time during
that leave.
(4) The Chief Fire Officer may, in exceptional
circumstances, entertain an application for annual vacation leave
although it does not conform with the requirements specified in
subregulation (1) or (2).
65. (1) The Chief Fire Officer may grant annual vacation
leave to an officer for the period requested in his application.
(2) An officer who has applied for leave within the time
specified in regulation 64(1) shall be advised of the outcome of
his application within fifteen days of the date of his application.
(3) An officer who has applied for leave within the time
specified in regulation 64(2) shall be advised of the outcome
of his application no later than sixty days prior to the date of
the commencement of the annual vacation leave requested in
the application.
Application
for annual
vacation leave.
Grant of
annual
vacation leave.
UNOFFICIAL VERSION
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Deferral of
annual vacation
leave.
No forfeiture
of annual
vacation leave.
Accumulation
of annual
vacation leave.
66. (1) The Chief Fire Officer may, owing to the exigencies
of the Service, require an officer to defer the taking of annual
vacation leave.
(2) An officer who, owing to the exigencies of the
Service, is required to defer his annual vacation leave under
subregulation (1) shall, in the year following that in respect of
which his leave was deferred, be granted such deferred vacation
leave together with the annual vacation leave approved for
that year.
67. Annual vacation leave once earned under regulations 62
and 68 shall not be forfeited.
68. (1) Annual vacation leave may be accumulated to a
maximum of—
(a) ninety working days in the case of an officer
entitled to leave as specified in paragraph (a) of
regulation 62(1);
(b) sixty working days in the case of an officer
entitled to leave as specified in paragraph (b) of
regulation 62(1).
(2) Where—
(a) the officer applies for vacation leave within
thirty days of the date on which the maximum
falls due; and
(b) the Chief Fire Officer intimates to the officer
concerned in writing of his inability to grant
leave owing to the exigencies of the Service,
an officer may accumulate leave in excess of the maximum
specified in subregulation (1).
(3) Approval to accumulate leave in excess of the
maximum specified in subregulation (1) shall be given by the
Chief Fire Officer.
(4) The Chief Fire Officer when granting his approval to
accumulate leave, shall indicate to the officer the precise reasons
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why the officer cannot proceed on his leave, and the date by
which the officer will be allowed to proceed on leave and inform
the Permanent Secretary accordingly.
69. An officer who has been abroad on annual vacation leave
shall report his return to the Chief Fire Officer as soon as possible
on his arrival in Trinidad and Tobago whether or not he continues
to be on leave.
70. (1) An officer may be allowed casual absences from duty
which shall be deducted from the annual vacation leave specified
in regulation 62(1) in units of half days to a maximum of—
(a) fourteen working days in the case of an officer
with the leave entitlement according to
paragraph (a) of regulation 62(1);
(b) seven working days in the case of an officer
with the leave entitlement according to
paragraph (b) of regulation 62(1).
(2) Casual absence from duty with the prior approval of
the Chief Fire Officer shall be recorded as annual vacation leave.
71. Where an officer is absent from work without the prior
approval of the Chief Fire Officer such absence may be treated as
leave without pay or as casual absence from duty where the Chief
Fire Officer is satisfied that the circumstances precluded the
obtaining of the prior approval.
72. (1) The Chief Fire Officer may grant to an officer three
working days leave of absence on the death of a person who was
the spouse, parent or guardian, child, ward or sibling of the officer
where the death occurs within Trinidad and Tobago and up to five
working days where that death occurs outside Trinidad and
Tobago and the officer travels abroad with respect to that death.
(2) The Chief Fire Officer shall treat the leave in
subregulation (1) as bereavement leave when the officer submits
documentary evidence at or about the time the leave is taken of the
death of the person and the person’s relationship to the officer.
Notification of
return from
leave abroad.
Casual absence
from duty.
Absences from
duty may be
treated as leave
without pay.
Bereavement
leave.
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(3) An officer shall register the name of his guardian or
ward with the Chief Fire Officer in order to be eligible for
bereavement leave in the event of that person’s death.
73. The grant of bereavement leave shall not affect the
officer’s entitlement to any other leave in these Regulations.
74. An officer who is granted a scholarship or study leave to
pursue a course of study sponsored by Government shall be
eligible for study leave and for such allowances and benefits as
may from time to time be provided for public officers under the
Scholarship and Study Leave Rules in force.
75. An officer who, while on leave is required to attend a
Court or an Administrative Tribunal (including a Tribunal
established under the Public Service Commission Regulations) as
a result of his official duty shall have his leave preserved or
extended by a period equal to the number of days he attends the
Court or Administrative Tribunal.
76. (1) Subject to the exigencies of the Service, an officer
selected as a member of an official Fire Service team, as
approved by the Chief Fire Officer, engaging in a sporting,
educational or cultural event, may be granted duty leave with full
pay by the Chief Fire Officer.
(2) Subject to the exigencies of the Service, an officer
selected to participate in a sporting, educational or cultural event
approved by Government may, for this purpose, be granted
special leave with full pay by the Chief Fire Officer after
consultation with the Permanent Secretary.
(3) An officer selected to represent Trinidad and
Tobago as a member of a national team engaging in a sporting,
educational or cultural event may, in order to enable him to
complete his engagement and subject to the exigencies of the
Service, be granted special leave with full pay by the Chief Fire
Officer after consultation with the Permanent Secretary.
Bereavement
leave not
to affect
other leave.
Scholarship and
study leave.
Attending Court
while on leave.
Duty leave and
Special leave.
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(4) Leave granted under this regulation shall not affect
an officer’s entitlement to annual vacation leave.
77. (1) Subject to the exigencies of the Service, special duty
leave with full pay up to fourteen days per annum may be granted
by the Chief Fire Officer to an officer attending a conference in
or outside Trinidad and Tobago as a delegate of an appropriate
recognised association.
(2) Leave granted under subregulation (1) shall not
affect an officer’s entitlement to annual vacation leave.
78. (1) An officer who is a member of an appropriate
recognised association and who is selected by the association to
attend a local or overseas course in trade unionism approved by
Cabinet may be granted leave of absence with full pay by the
Chief Fire Officer for the full period of the course, depending on
the financial assistance received by the officer from other sources
during that period.
(2) An officer who is a member of an appropriate
recognised association and who is authorised to do business for
that association shall be allowed time off to do such business by
the Chief Fire Officer provided that the work of the Service is not
unduly affected.
(3) An application for leave or time off referred to in this
regulation shall, as far as practicable, be made well in advance of
the commencement of such leave or time off.
79. (1) An officer shall undergo an annual examination to be
conducted by an approved medical practitioner in order to ensure
his physical and psychological fitness for duty.
(2) The Chief Fire Officer may direct an officer at any
time to undergo a medical examination by the Medical Board to
determine whether or not the officer is—
(a) physically or psychologically fit for the
performance of his duties; or
(b) taking illicit drugs.
Special
duty leave.
Leave—
industrial
relations
matters.
Officer to
undergo medical
examination as
required.
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(3) An officer who is required to undergo a medical
examination under this regulation shall submit himself to be
examined at such time and place as directed.
80. (1) There shall be a Medical Board comprising such
duly qualified medical practitioners as the Minister of Health
may in writing appoint.
(2) An officer shall undergo an examination by a
Medical Board where so directed by the Chief Fire Officer, the
Permanent Secretary, the Chief Personnel Officer or the
Commission, as the case may be.
(3) Where an officer is directed to attend a Medical
Board, the Board shall be provided with records relating to that
officer’s health held by the Chief Fire Officer, the Permanent
Secretary or the Commission, as the case may be.
(4) A Medical Board, after examining an officer referred
to it and examining records as are provided under these
Regulations may recommend a course of treatment in its report to
the Chief Fire Officer, Permanent Secretary or the Commission,
as the case may be.
(5) Whenever it is considered necessary for an officer to
be examined with a view to ascertaining his physical or
psychological fitness for duty including whether or not he should
be retired on grounds of ill health, the Chief Fire Officer or the
Permanent Secretary shall recommend accordingly to the
Commission and shall where possible make available the medical
records of the officer and may direct the officer to attend a
Medical Board.
(6) A Medical Board after examining an officer referred
to it under subregulation (5) shall advise in its recommendations
to the Commission that—
(a) sick leave or extension of sick leave be granted
to the officer;
Medical Board.
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(b) the officer is fit for continued performance of
his duties without need for sick leave or
extension of sick leave; or
(c) the officer is unfit for further service, and shall
provide a copy of its report to the Permanent
Secretary and the Chief Fire Officer.
(7) Where a deterioration in the work of the officer is the
reason or one of the reasons for requesting that the officer
undergo a medical examination, the Chief Fire Officer, the
Permanent Secretary or the Commission may direct the officer to
attend a Medical Board.
(8) The Medical Board after examining an officer
referred to it by the Chief Fire Officer, the Permanent Secretary
or the Commission, as the case may be, shall report its findings
and recommendations to the party which has referred the officer,
and shall copy its report and recommendations to the other
parties specified in this subregulation.
(9) Where a Medical Board advises that an officer is fit
for the continued performance of his duties, the Chief Fire
Officer shall not grant an extension of sick leave to that officer
under regulation 82.
(10) Where an officer, through refusal or neglect, fails to
obtain, or comply with, specialist advice or to obtain such other
treatment as recommended by a Medical Board, and is still sick
and absent from duty, his request for further sick leave shall be
treated as an extension of sick leave without pay.
(11) Where the Medical Board is of the belief that an
officer has been taking illicit drugs, it shall advise the
Commission immediately.
(12) Nothing in this regulation precludes a Medical Board
from being “an approved medical practitioner” for the purposes of
these Regulations.
81. (1) The Chief Fire Officer shall grant to an officer up to
fourteen working days sick leave a year on full pay where that
Ordinary
sick leave.
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officer submits a medical certificate issued by an approved
medical practitioner.
(2) An officer who is absent from duty, due to illness,
for a period not exceeding two days at any one time but not
exceeding fourteen days in a year shall not normally be required
to tender a medical certificate in respect of that two-day period.
(3) Any leave taken under subregulation (2) shall be
taken into account in calculating the leave referred to in
subregulation (1) available to an officer.
(4) The Permanent Secretary or Chief Fire Officer may
require an officer who habitually takes advantage of the
concession in subregulation (2) to present himself to a Medical
Board or an approved medical practitioner for examination.
(5) An officer who avails himself of leave under this
regulation shall cause an immediate report to be made to the
officer in charge of the Fire Station to which he is attached.
82. (1) An officer may apply for an extension of sick leave
to the Chief Fire Officer who may approve that extension up to
seventy days, being the maximum number of days unused by the
officer over the five-year period immediately preceding the
application, on full pay.
(2) The officer’s application for that sick leave shall be
supported by a report from the Medical Board, a medical
certificate from an approved medical practitioner, or from a
medical practitioner in a hospital who has treated the officer and
is familiar with his condition.
(3) Where a further period of extension of sick leave is
required, the Chief Fire Officer may grant that extension on full
pay, half pay or without pay subject to the officer being examined
by a Medical Board at the time of the officer’s application for that
further extension or at more such intervals as determined by the
Chief Fire Officer.
Extension of
sick leave.
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(4) The Medical Board shall have access to the Medical
History Book referred to in regulation 84 when examining
an officer.
83. (1) An officer who desires to leave Trinidad and Tobago
during a period of sick leave shall obtain the prior approval of the
Chief Fire Officer.
(2) Where an officer falls ill abroad, the officer may
apply to the Chief Fire Officer through the Head of Mission or a
duly appointed representative of Trinidad and Tobago, as the case
may be, for leave under regulation 81 or 82 and such application
shall be forwarded to the Chief Fire Officer.
84. The Chief Fire Officer shall cause to be kept a Medical
History Book in respect of each officer indicating every illness or
injury sustained by such officer during his period in the Service,
together with such account of treatment received, and other
comments and recommendations made by the medical practitioner
concerned with the case as well as a record of all sick leave granted.
85. Where an officer is unable to perform the duties of his
office as a result of illness he shall cause an immediate report to
be made to the Chief Fire Officer.
86. (1) Subject to this regulation, maternity leave of one
month with full-pay and two months with half pay shall be
granted to a pregnant officer.
(2) In order to be granted maternity leave—
(a) the pregnant officer as of the date of
commencement of such leave, shall have served
for a period of not less than twelve continuous
months in the Service;
(b) the pregnant officer shall proceed on maternity
leave at least one month before the expected
date of delivery of the child as certified by an
approved medical practitioner; and
Sick leave
abroad.
Medical record
to be kept.
Absence
through illness
to be reported.
Maternity leave.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(c) the pregnant officer shall furnish the certificate
referred to in paragraph (b) to the Chief Fire
Officer six weeks before the expected date
of delivery.
(3) Maternity leave consisting of one month with full
pay and two months with half pay shall be granted to a pregnant
officer from the date of actual delivery of the child where the
delivery occurs before the officer has proceeded on maternity
leave in accordance with subregulation (2)(b) irrespective of
whether or not the pregnant officer has complied with
subregulation (2)(b) or (2)(c).
(4) Where a pregnant officer who has proceeded on
maternity leave has a still birth delivery, she is eligible for the
grant of maternity leave consisting of one month with full pay
and one month with half pay.
(5) Where a pregnant officer who has not yet proceeded
on maternity leave has a still birth delivery, she is eligible for the
grant of maternity leave of one month with full pay.
(6) A pregnant officer who has not completed twelve
months continuous service prior to the date on which she would
have proceeded on maternity leave had she so served, shall not
qualify for the grant of maternity leave but shall be permitted to
proceed on leave of absence of up to three months without pay on
account of pregnancy provided the officer complies with the
conditions in subregulation 2(b) and (c).
(7) Where the half pay to which an officer is entitled
during maternity leave together with the periodic maternity
benefit payable under the National Insurance Act is less than the
full-pay of the officer, there shall be paid to the officer the
difference between the amount payable as full pay and the
amount due that is half pay combined with the periodic maternity
benefit under the National Insurance Act.
(8) Subject to subregulation (9), an officer who has not
completed twelve months continuous service shall not qualify for
the grant of maternity leave but shall be permitted to proceed on
leave of absence without pay on account of pregnancy.
Ch. 32:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(9) Where an officer proceeds on leave in accordance
with subregulation (8), and the period of such leave extends
beyond the date on which the twelve-month qualifying period
expires, that officer shall be paid for the leave at the same rate of
salary that the officer would have received for that period had
that officer proceeded on maternity leave in accordance with
subregulation (1) commencing from the day following the
completion of the qualification of twelve months service.
(10) The taking of maternity leave by an officer shall
not prejudice or affect the eligibility of such officer for annual
vacation leave.
87. (1) An officer may be granted any period of annual
vacation leave due to her to immediately precede or follow the
period of leave referred to in regulation 86.
(2) An application by an officer for leave due to illness
arising out of pregnancy either before or after the period of
leave referred to in regulation 86 shall be considered under
regulation 81, 82 or 83 as the case may be.
88. The Chief Fire Officer may direct that an officer who is
pregnant be given light duties prior to her departure on maternity
leave granted under regulation 86 and for such period as the
circumstances of the officer’s case may justify and may permit or
require such officer to attend work out of uniform.
89. (1) An officer is eligible for paternity leave of three
working days at or about the time his spouse gives birth on
furnishing a certificate to the Chief Fire Officer from a registered
medical practitioner stating the expected date of birth.
(2) For the purposes of this regulation, a “spouse”
includes a person with whom the officer lives as his spouse and
whose name is registered accordingly with the Chief Fire Officer.
90. (1) Where an officer is injured in the course of, or
arising out of his employment as an officer, that officer shall be
entitled to such leave on full pay as approved by the Chief Fire
Officer as a result of such injury.
Other leave to
be availed of.
Light duty
during
pregnancy.
Paternity leave.
Leave for work-
related injury.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(2) Where the grant of leave under subregulation (1)
exceeds one hundred and twenty days, a further grant of leave may
be made by the Chief Fire Officer subject to an examination of the
officer by a Medical Board at intervals of three months or at more
frequent intervals as determined by the Chief Fire Officer.
(3) The Medical Board shall have access to the Medical
History Book referred to in regulation 84 and all other medical
records relevant to the injury, when examining the officer.
(4) The Chief Fire Officer may relay his concerns,
together with any reports, relating to the officer’s fitness for duty
to the Commission.
(5) Where an officer on being referred to a Medical
Board by the Commission is examined and found unfit for further
duty, that Board shall send its report to the Commission and copy
that report to the Chief Fire Officer.
(6) Where an officer is notified by the Commission that
he is unfit for further duty he shall be granted such annual leave
and accumulated leave for which he is eligible or two months
leave, whichever is the greater, commencing from the date on
which he is notified of his lack of fitness for further duty.
(7) Where a Medical Board advises the Chief Fire
Officer that an officer is fit for service, no leave or further leave,
as the case may be, shall be granted.
(8) Leave granted under this regulation shall not be
construed as leave granted due to illness.
91. (1) An officer shall be entitled to receive free medical,
dental, optical and hospital treatment and medicines as may be
necessary and as may be provided by a medical officer or a
medical institution.
(2) Where such treatment or medicines are not readily
available from such medical officer or from an institution referred
to in subregulation (1), the officer having obtained the prior
approval in writing of the Chief Fire Officer to seek medical
treatment or medicines privately shall be reimbursed the reasonable
Medical
benefits.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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cost of such treatment he may have received from an approved
medical practitioner or purchased from any pharmacist registered
under the Pharmacy Board Act or from another medical
institution, on submission to the Chief Fire Officer of receipts for
payment in respect of such treatment or medicines.
(3) Notwithstanding that prior approval was not
obtained under subregulation (2), where the Chief Fire Officer is
of the view that there are exceptional circumstances he may cause
the officer to be reimbursed the reasonable cost of treatment he
may have received or medicines he may have purchased from
any pharmacist registered under the Pharmacy Board Act or from
another medical institution on submission of related receipts for
payment to the Chief Fire Officer.
(4) For the purpose of this regulation, “medical
institution” means an institution that is approved as a private
hospital under the Private Hospitals Act or a health care facility
within the meaning of section 2 of the Regional Health
Authorities Act.
CHAPTER VI
BUILDINGS, STORES, QUARTERS, ETC.
92. (1) An officer shall reside in official quarters where
provided, or in quarters approved by the Minister.
(2) Official quarters occupied by officers of the First
Division shall be furnished and rent free.
(3) An officer of the Second Division who occupies
official quarters shall do so rent free.
(4) An officer who is provided with quarters under this
regulation shall comply with a circular with respect to quarters.
(5) An officer shall not be provided with quarters in
more than one locality.
93. (1) All items of Government furniture in stations,
establishments or offices of the Service shall be maintained in good
Ch. 29:52.
Ch. 29:03.
Ch. 29:05.
Provision of
quarters.
Service
establishments
and contents to
be kept in good
condition.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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order and condition, the responsibility for which shall rest with the
senior officer in charge of such station, establishment or office.
(2) When any item of furniture requires repair or needs to
be replaced in respect of any station, establishment or office of the
Service, the appropriate officer of the Ministry responsible shall be
notified so that inspection, repair or replacement may be effected.
94. If an institutional or departmental building is expected
to remain vacant for a long period, the Permanent Secretary shall
report such fact to the Permanent Secretary in the appropriate
Ministry responsible for accomodation.
95. The description of all items of uniform and the orders of
dress to be worn by members of the Service shall be determined
by the Chief Fire Officer and shall be published in the Fire
Service Order referred to in regulation 120.
96. No badges, emblems or decorations other than those
officially approved by the Chief Fire Officer shall be worn with
the uniform.
97. Subject to the Financial Regulations relating to stores,
miscellaneous stores shall be issued to divisions, stations and
sections at such intervals as the Chief Fire Officer may direct.
98. (1) The supply of stores, uniforms and equipment shall
occur only on a requisition made to the officer in charge of stores.
(2) A delivery and receipt voucher signed by the officer
making the issue shall be sent with such supplies.
(3) On receipt, such voucher shall be signed by the
officer receiving the stores, uniforms and equipment as the case
may be and returned to the officer in charge of Stores.
99. (1) Stores ledgers shall be kept by the officer in charge
of stores and all stores received, issued and returned to Stores
shall be entered in such Ledgers.
Vacancy of
building to
be reported.
Description
of uniform.
Unauthorised
badges or
emblems.
Issue of stores.
Requisitions.
Stores ledgers.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Fire Service (Terms and Conditions of Employment) Regulations[Subsidiary]
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LAWS OF TRINIDAD AND TOBAGO
(2) Receipt for all articles returned to Stores shall be
given by the officer in charge of Stores.
CHAPTER VII
CONDUCT
100. An officer shall conduct himself at all times in such a
manner that does not bring discredit to the reputation of the
Service or of the public service.
101. (1) An officer shall carry out all lawful orders of an
officer senior in office and shall at all times punctually and
promptly perform all appointed duties and attend to all matters
within the scope of his office.
(2) An officer in the First Division of the Service shall
be responsible for the state of his command and for the conduct
and efficiency of all under his command.
(3) An officer in the Second Division shall, where
applicable, be responsible for his station or section.
(4) ln the absence of the officer referred to in
subregulation (2) or (3), the authority and responsibility of that
officer shall devolve upon the next in seniority unless the Chief
Fire Officer otherwise specifically directs.
(5) In the discharge of his duties, an officer shall be
courteous and polite both to members of the Service and to
members of the public.
102. (1) Officers holding the office of Fire Station Officer
and above shall salute their seniors in office.
(2) Officers below the office of Fire Station Officer shall
salute all officers of that office and above.
(3) Officers to whom such compliments are paid shall
acknowledge them in an appropriate manner.
(4) All fire officers shall pay compliments to such
designated persons, on such occasions and in such manner, as the
Chief Fire Officer may direct.
General
conduct.
Duties of an
officer.
Saluting.
UNOFFICIAL VERSION
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103. (1) An officer shall not be absent from duty without
leave or reasonable excuse.
(2) Where an officer is unable to perform the duties of
his office, whether from illness or some other cause, he shall
cause an immediate report to be made to the Chief Fire Officer or
to his senior officer to whom he reports.
(3) An officer when leaving the country shall inform the
Chief Fire Officer in writing accordingly or, in cases of
emergency, a senior officer, who shall report forthwith, in
writing, to the Chief Fire Officer.
104. (1) An officer—
(a) shall not at any time engage in any activity which
would in any way tend to impair his usefulness as
an officer, nor may he engage in any occupation
or undertaking which might in any way conflict
with the interests of the Service or be inconsistent
with his position as an officer; or
(b) shall not engage, whether or not on any leave, in
any trade or any professional, commercial,
agricultural or industrial undertaking, or
undertake private work for remuneration
without the prior approval in writing of the
Chief Fire Officer.
(2) An officer who is desirous of engaging in an activity,
occupation, undertaking or work referred to in subregulation (1)(b)
shall apply in writing to the Chief Fire Officer.
(3) Where the Chief Fire Officer is of the opinion that an
officer’s performance of his duties is likely to be influenced by
the fact that he owns shares or investments in any company, or he
has interest in any professional, commercial, agricultural or
industrial undertaking the Chief Fire Officer may, after
discussing the matter with the officer, suggest to the officer that
he disposes of such shares, investment or interest within such
period as the Chief Fire Officer may specify or he may assign the
officer to other duties so as to avoid a conflict of interest.
Absence to
be reported.
Activities
outside the
Service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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100 Chap. 35:50 Fire Service
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Officer not to
call public
meeting or
participate in
certain public
meetings.
Officer not to
publish
information.
Officer not
to allow
interview on
questions of
public policy.
Officer not
to publish
comment on
national or
local matter.
105. (1) An officer may not call a public meeting to
consider any action of the Government or actively participate in
the proceedings of a meeting called for such purpose or procure
signature to any public petition regarding the actions of
the Government.
(2) Nothing in this regulation affects an officer’s right to
participate actively in a meeting called or to sign any petition
prepared by his appropriate recognised association on matters
affecting the Service.
(3) An officer shall not participate in meetings of any
political party or organisation while on duty or while wearing
official uniform.
106. An officer shall not make public, communicate to the
press or to individuals, or make private copies of documents,
papers or information which he may possess in his official
capacity, unless his duties require him to do so.
107. (1) An officer, other than an officer acting in his capacity
as a representative of an appropriate recognised association, shall
not allow himself to be interviewed on questions of public policy.
(2) An officer shall not allow himself to be interviewed
on matters affecting the defence or military resources of Trinidad
and Tobago or of any other country unless his official duties
require him to do so.
108. (1) Subject to subregulations (2) and (4), an officer shall
not publish by words or pictures or other signal, in any medium of
communication including newspapers, journals, wireless, television
or computer link-up, any information or expression of opinion on
matters of a political or administrative nature in a public place so as
to be said to be publishing such information or expression.
(2) Subregulation (1) does not apply—
(a) where the officer, by publishing such
information or expression is executing or
performing the duties of his office; or
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(b) where the approval in writing of the Permanent
Secretary or Chief Fire Officer has been
obtained by the officer to the fact and subject of
the publication referred to in subregulation (1).
(3) Where the Chief Fire Officer is in any doubt as to the
propriety of any proposed publication or broadcast under this
regulation, he shall refer the matter to the Permanent Secretary.
(4) This regulation does not apply to the publishing or
broadcasting of material by an officer acting in his capacity as a
representative of an appropriate recognised association.
109. Except in the case of the official organs of appropriate
recognised associations or professional associations, an officer shall
not, without the permission in writing of the Chief Fire Officer, act
as editor of any newspaper or take part directly or indirectly in the
management of a newspaper, or anonymously contribute any
statement or article which may reasonably be regarded as a
commentary on the politics of the country or the administration of
the Government or that of any other Government.
110. Broadcast talks by an officer shall be governed by the
following rules:
(a) there shall be no payment either to the officer or
to the Service arising out of the preparation or
delivery of a lecture or talk to be broadcast that
is necessary or desirable in order to enable the
Service to carry out its recognised duties to
the community;
(b) lectures or talks which are to be broadcast and are
not necessary for the purposes of the Service may
be given by officers who are experts in a particular
subject, whether or not they have specialised in
this subject in their official capacity;
(c) where the subject matter of a broadcast is
related to the work or the policy of the Service,
Officer not to
edit or manage
newspaper.
Rules relating to
broadcast talks.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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or if the broadcaster is to be announced by his
departmental title, the prior authority of the
Chief Fire Officer is required with the object
of ensuring—
(i) that there is nothing in the lecture nor talk
contrary to the public interest or
inconsistent with the status of the
officer; and
(ii) that the standing of the speaker is
sufficient to justify the delivery by him of
a lecture under the title of his office;
(d) subject to paragraph (a), it shall be open to an officer
to make his own terms with the broadcasting
authority, but in those cases the work involved in
the preparation and delivery of the lecture or talk
shall not be done when the officer is on duty.
111. An officer shall not incur indebtedness to the extent that
it impairs his efficiency or has brought or is likely to bring the
Service into disrepute.
112. An officer against whom bankruptcy proceedings have
been taken or who becomes insolvent or who has been declared
a bankrupt shall within seven days report that fact to the Chief
Fire Officer.
113. An officer shall not solicit the intervention or influence
of members of Parliament, Minister, or prominent members of
the community to support or advance his individual claims in
the Service.
114. Except with the permission of the Chief Fire Officer, an
officer shall not accept—
(a) any gift or reward from any member of the
public or from any organisation for services
rendered in the course of the performance of his
duty; or
Indebtedness.
Bankruptcy.
Officer not
to solicit
intervention.
Gifts, rewards.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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(b) any present which is likely to influence him in
the performance of his duty.
115. (1) An officer shall not receive from any subordinate
officer any present, gift or reward except with the permission of
the Chief Fire Officer.
(2) Where the officer who is to be the recipient of any
present, gift or reward referred to in subregulation (1) is the Chief
Fire Officer, he shall not receive the same except with the
permission of the Permanent Secretary.
116. Notwithstanding regulation 114 or 115, an officer may
accept a present offered by—
(a) a representative of a foreign government on the
occasion of any official visit to that country;
(b) a community organisation, on a social occasion
where the gift represents the work or
achievement of that organisation;
(c) other officers in the Service on the occasion of
marriage, retirement, transfer or other
celebratory occasion to which the Chief Fire
Officer signifies approval.
117. An officer shall not fail or refuse to attend a Medical
Board for examination as directed by the Chief Fire Officer, the
Permanent Secretary, the Chief Personnel Officer or the
Commission, as the case may be.
118. (1) An officer shall be clean and smart in appearance.
(2) An officer shall be alert on duty, smart in his
movements and respectful in bearing and manner.
(3) An officer shall not appear in public view
improperly dressed.
(4) An officer shall keep the hair on the head dressed
short and neatly groomed and have the chin and underlip shaven.
Officer not to
accept gifts.
Exceptions.
Officer to attend
Medical Board.
Appearance and
turn out.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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119. (1) An officer who without reasonable excuse does an
act which—
(a) amounts to failure to perform in a proper manner
any duty imposed upon him as an officer;
(b) contravenes any of these Regulations, circulars
or orders referred to in regulation 120;
(c) contravenes any written law relating to the
Service; or
(d) is otherwise prejudicial to the efficient conduct of
the Service or tends to bring discredit on the
reputation of the Service or of the public service,
commits an act of misconduct.
(2) Without prejudice to the generality of
subregulation (1), an officer commits an act of misconduct if
he behaves in such a manner that it can be alleged that he is
guilty of—
(a) discreditable conduct, that is to say, if an officer
acts in any disorderly manner or in any manner
prejudicial to discipline or reasonably likely to
bring discredit on the reputation of the Service
or of the public service;
(b) insubordinate or oppressive conduct, that is to
say, if an officer—
(i) is insubordinate by word, act or demeanour;
(ii) is guilty of oppressive or tyrannical conduct
towards an officer in a lower office;
(iii) uses obscene, abusive or insulting
language to any other officer;
(iv) wilfully or negligently makes any false
complaint or statement against any other
officer;
(v) assaults any other officer; or
(vi) withholds any report or allegation against
any officer;
Other acts
of misconduct.
UNOFFICIAL VERSION
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(c) disobedience to orders, that is to say, if an
officer disobeys or without good and sufficient
cause omits or neglects to carry out any lawful
order, written or otherwise, or fails to promptly
comply with such order;
(d) neglect of duty, that is to say, if an officer—
(i) neglects or without good and sufficient
cause, fails to promptly and diligently do
anything which it is his duty as an officer
to do;
(ii) absents himself from his place of work or
his official duties without leave or valid
excuse, or is habitually irregular in the
time of his arrival and departure from his
place of employment;
(iii) idles or gossips while on duty;
(iv) fails to perform his duty in accordance
with orders, or leaves his place of duty to
which he has been ordered, without
permission or sufficient cause;
(v) fails to report any matter which it is his
duty to report;
(vi) fails to report anything which he knows
concerns a criminal charge, or fails to
disclose any evidence which he, or any
person within his knowledge, can give for
or against any person or defendant in a
criminal charge;
(vii) omits to make any necessary entry in any
official document or book; or
(viii) neglects or omits without good and
sufficient cause to carry out any
instruction of an approved medical
practitioner under these Regulations, or
while absent from duty on account of
sickness, commits an act that is calculated
to retard his return to duty;
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(e) falsehood or prevarication, that is to say, if
an officer—
(i) knowingly makes or signs any false
statement in any official document or book;
(ii) wilfully or negligently makes any false,
misleading or inaccurate statement; or
(iii) without good and sufficient cause
destroys or mutilates any official
document or record, or alters or erases
any entry in that document or record;
(f) breach of confidence, that is to say, if
any officer—
(i) divulges any matter which it is his duty to
keep secret;
(ii) gives notice, directly or indirectly, to any
person against whom any warrant or
summons has been, or is about to be issued;
(iii) without proper authority shows to any
person outside the Service any book or
written or printed document which is the
property of the Service;
(iv) makes any anonymous communication to
the Commission or to the Chief Fire
Officer or any senior officer;
(v) signs or circulates any petition or statement
with regard to any matter concerning the
Service, except through the proper channel
of correspondence to the Chief Fire Officer;
(vi) calls or attends any unauthorised meeting
to discuss any matter concerning the
Service; or
(vii) canvasses any officer in regard to any matter
concerning the Service other than a matter
relating to the business and functions of the
appropriate recognised association;
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(g) corrupt practice, that is to say, if an officer—
(i) receives or solicits any private advantage
for himself or for another person as a
consequence of performing his duties;
(ii) fails to account for or to make a prompt
and true return of any money or property
received by him in his official capacity;
(iii) directly or indirectly solicits or receives
any gratuity, present, subscription or
testimonial without the consent of the
Chief Fire Officer; or
(iv) places himself under pecuniary obligation
to any person who holds a licence
concerning the granting or renewal of
which the Service may have to report or
give evidence;
(h) unlawful or unnecessary exercise of authority,
that is to say, if an officer—
(i) uses any unnecessary violence to any
person with whom he may be brought into
contact in the execution of his duty; or
(ii) is uncivil to any member of the public;
(i) malingering, that is to say, if any officer feigns
or exaggerates any sickness or injury with a
view to evading duty;
(j) absence without leave or being late for duty, that
is to say, if an officer without reasonable excuse
is absent without leave from duty or is late for
parade, Court or any other duty;
(k) uncleanliness, that is to say, if an officer, while
on or off duty, is in uniform in a public place, is
improperly dressed or is dirty or untidy in his
person, clothing or accoutrements;
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Fire Service (Terms and Conditions of Employment) Regulations[Subsidiary]
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(l) damage to clothing or other articles supplied,
that is to say, if an officer—
(i) wilfully or by carelessness causes any
loss or damage to any article of clothing,
accoutrement or to any book, document or
any other property of the Service given to
him or used by him for the performance of
his duty or entrusted to his care; or
(ii) fails to report any loss or damage as above
however caused;
(m) drunkenness, that is to say, if an officer, while
on duty or required for duty, is unfit for duty
through the taking of drink;
(n) drinking on duty or soliciting drink, that is to
say, if an officer—
(i) without the consent of his senior officer,
drinks or receives from any other person
any intoxicating liquor while he is on
duty; or
(ii) demands, or endeavours to persuade any
other person to give to him, or to purchase
or obtain for him, any intoxicating liquor
while he is on duty;
(o) entering licensed premises, that is to say, if
without permission or reasonable excuse an
officer enters—
(i) while on duty any public premises licensed
under the liquor licensing laws or any other
premises where liquors are stored or
distributed when his presence there is not
required in the execution of his duty; or
(ii) any such premises in uniform while
off duty;
(p) illicit drug taking, that is to say, if an officer is
found to be indulging in the use of narcotic or
psychotropic substances;
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(q) lending, borrowing or accepting presents, that is
to say, if an officer lends money to an officer
senior to him or borrows money or accepts any
present from any officer junior to him;
(r) proving of a criminal offence, that is to say, if an
officer has been proved guilty in a Court of law
of a criminal offence;
(s) being an accessory to an act of misconduct, that
is to say, if an officer connives at, or is
knowingly an accessory to, an act of misconduct;
(t) using any property or facilities of the Service
without consent, given personally in writing by
the Chief Fire Officer for some purpose not
connected with his official duties;
(u) damage to property, that is to say, if an officer
wilfully or recklessly damages property
belonging to the Service.
CHAPTER VIII
MISCELLANEOUS
120. (1) Orders for the efficient management of the Service
referred to in these Regulations include—
(a) Fire Service Orders issued by the Chief Fire
Officer to deal with matters of management of
the Service;
(b) Fire Service Circulars issued by the Chief Fire
Officer to disseminate information on
Government policy;
(c) Fire Service Instructions issued by the Chief
Fire Officer to deal with matters of uniform,
accoutrement and matters pertinent to the
conduct of the fire station;
(d) Station Notices issued by the Chief Fire Officer
to provide general information; and
Circulars,
Orders and
Notices.
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Fire Service (Terms and Conditions of Employment) Regulations[Subsidiary]
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(e) Divisional Notices issued by Divisional Fire
Officers to deal with matters pertinent to the
conduct of the Division.
(2) An Order made under these Regulations is a lawful
order for the purposes of Chapter VII.
121. No erasures shall be made in any official book or
document but mistakes shall be crossed out and initialled and a
new entry shall be made correcting the original entry.
122. (1) All Regulations, Circulars, Orders and other official
publications affecting officers shall be brought to their attention
by the Chief Fire Officer.
(2) All relevant Proclamations, Government Notices or
other official notices shall be brought to the attention of officers
by the Chief Fire Officer.
123. Where an officer is dismissed from the Service, any
benefit which would otherwise be payable to that officer on
departure from the Service may be forfeited.
124. (1) Where an officer is suspended by the Commission
prior to the institution of proceedings under the Public Service
Commission Regulations that officer shall be paid his monthly
salary in full.
(2) Where an officer is exonerated in disciplinary
proceeding from an alleged act of misconduct which had resulted
in a suspension under the Public Service Commission
Regulations, he shall be entitled to receive the remuneration he
would have received had he not been suspended.
125. (1) For the purposes of these Regulations, any
communication other than that referred to in regulation 126
which an officer wishes to address to the Chief Fire Officer shall,
wherever possible, be forwarded through the senior officer under
whom that officer is serving.
Corrections.
Circulation of
Orders.
Forfeiture of
benefits on
dismissal.
Remuneration
on suspension.
Channel of
communication.
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(2) Any official communication in respect of or relating
to the employment of an officer which he wishes to address to
any Government official, or a Government Department shall be
forwarded to the Chief Fire Officer through the senior officer
under whom that officer is serving.
(3) The senior officer on receipt of a communication
referred to in subregulation (1) or (2) shall forward forthwith
such communication together with his comments, to the Chief
Fire Officer.
126. (1) An officer who wishes to make a complaint may
do so to his immediate senior officer, and where he considers
himself wronged by that senior officer, he may complain to a
higher authority who shall deal with the complaint and
advise the Chief Fire Officer, Permanent Secretary and the
Commission accordingly.
(2) The officer may provide a copy of his complaint to
the Permanent Secretary and the Commission.
(3) An officer to whom a complaint is made shall
immediately acknowledge receipt of such complaint in writing
and cause enquiries to be made into such complaint, and if
satisfied with the justice of the complaint shall take such steps as
may be necessary for giving full redress, if within his powers, or
refer the case to a higher authority.
127. The Permanent Secretary or Chief Fire Officer shall
facilitate any request made by the Commission by giving the
appropriate direction to the relevant officer to accord with the
Commission’s request.
128. Except with the permission of the Permanent Secretary
in the Ministry of Finance, no foreign currency shall be accepted
for payment in the transaction of Government business.
129. The Permanent Secretary or Chief Fire Officer shall
ensure that no payment shall be made out of public funds in respect
Complaints.
Permanent
Secretary or
Chief Fire
Officer to
facilitate request
of Commission.
Acceptance
of foreign
currency.
Payment from
public funds.
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Fire Service (Terms and Conditions of Employment) Regulations[Subsidiary]
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of any matter requiring the approval of the Commission until
such approval has been obtained.
130. (1) Subject to any written law, an officer may authorise
the Permanent Secretary to make deductions from his pay for the
repayment of any debt owed to Government.
(2) Where a debt is owed to Government which has
been incurred as a penalty consequent on disciplinary
proceedings, the Permanent Secretary may with or without
authorisation of the officer, deduct the officers pay accordingly.
131. (1) An officer who desires to initiate legal proceedings
on his own behalf against another officer or against a member of
the public with respect to any matter which arises out of, or in the
course of the execution of his duty, shall inform the Chief Fire
Officer accordingly.
(2) Where an officer is charged with an offence arising
out of, or in the course of, the execution of his duty, and the
Attorney General is satisfied that such officer acted in good faith
in the execution of his duty, such officer shall be granted legal
representation in the conduct of his defence.
132. (1) Where, in these Regulations there is a reference to a
determined form the Permanent Secretary may determine an
appropriate form if no other authority is specified to so determine.
(2) A form determined by the Permanent Secretary shall:
(a) contain—
(i) particulars of the purpose for which it is to
be used;
(ii) particulars designed to elicit the
required information;
(iii) the address to which the form on
completion may be posted or delivered; and
(b) be published in the Gazette.
Authorisation of
deduction from
pay.
Legal
proceedings.
Determined
form.
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Availability of
Regulations.
Act deemed to
be done under
these
Regulations.
Chief Fire
Officer to
approve medical
practitioner.
Application of
Regulations to
Chief Fire
Officer.
133. (1) A copy of these Regulations shall be made available
to an officer at his request.
(2) The Chief Fire Officer shall take all reasonable steps
to ensure that all officers are familiar with the contents of the
written law affecting the operation and conduct of the Fire Service.
134. At the date of the commencement of these Regulations,
any administrative action done, or privilege or benefit including
a permission or approval given by, or to, an officer in the
Service in respect of a matter to which these Regulations apply
shall be deemed to have been done or given in accordance with
these Regulations.
135. The Chief Fire Officer may approve in writing a duly
qualified medical practitioner to be an “approved medical
practitioner” for the purposes of these Regulations.
136. Where, in respect of the Chief Fire Officer, a term and
condition of employment has been determined by the Salaries
Review Commission and agreed to by Cabinet that term and
condition of employment shall prevail over that prescribed in
these Regulations, to the extent of any inconsistency.
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