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Fire Protection Act Enforcement Guidelines: Powers and Responsibilities

Explore the powers of enforcement granted to different authorities under the Fire Protection Act, including entry and search, seizure, and arrest. Learn how Fire Protection Officers can take action without warrants and the proper conduct during arrests. Discover the importance of securing evidence at fire scenes and the need for potential investigation discussions.

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Fire Protection Act Enforcement Guidelines: Powers and Responsibilities

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  1. Enforcement Chapter 8 Sections 26 - 29

  2. Who can enforce the Act? • A registered FPO (s26(1)). • A Forest Officer appointed in terms of the National Forests Act (s26(2)(a)). • A police officer (s26(2)(a)). • A Chief Fire Officer appointed in terms of s5 of the Fire Brigade Services Act (s26(2)(a)). • A member of the Fire Brigade Service appointed in terms of s6 of the Fire Brigade Services Act (s26(2)(a)).

  3. Powers of enforcement • Whenever the Act talks about a Fire Protection Officer in Chapter 8 only, it means all of the persons mentioned above. • The powers of enforcement are: • entry and search • seizure • arrest.

  4. Power to enter and search • An FPO can enter and search any land or premises without a warrant if s/he believes that an offence: • has been committed there • is being committed there. • An FPO can, without a warrant stop, enter and search any vehicle or search any pack animal s/he suspects: • has been used in the commission of an offence • is being used in the commission of an offence. • A warrant is an authorisation given by a court.

  5. Power to seize • If an FPO believes an offence has been or is being committed, s/he may seize, without a warrant: • any vehicle, tool, weapon, animal or thing • anything else which may be used as evidence. • Any item seized must be kept in good order and returned in the condition in which it was seized.

  6. Power to arrest • An FPO can arrest anyone who s/he reasonably suspects has committed: • a first or second category offence • a third category offence if s/he believes that person will fail to appear in court in answer of a summons. • An FPO must not use more force than is reasonably necessary when making an arrest. • An FPO must respect a person’s constitutional rights when making an arrest (inform them of their rights).

  7. Forensics and the collection of evidence • Securing evidence is important to prosecute successfully. • Therefore you need to protect the area where the fire started to protect evidence. • The police have little or no capacity to investigate fires: FPAs should discuss who could investigate instead.

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