FIRE SERVICE LAW OF LAGOS STATE
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FIRE SERVICE LAW
ARRANGEMENT OF SECTIONS
PART 1 – Organization and Administration
1. Establishment of the Fire Service
2. General duties of the Fire Service
3. Constitution of the Fire Service
THE FIRE COMMISSIONER
4. Responsibility of the Fire Commissioner—delegation of powers
THE STATE COMMISSIONER
5. Provision of equipment; training; inspection of buildings, etc.
6. Powers included in State Commissioner’s powers
ENLISTMENT AND SERVICE
7. Enlistment
8. Re-engagement
PART 2 – Gratitude’s, Annual Allowances and Pensions
9. Pensions, gratuities and annual allowances
10. Loss of annual allowances or pension on conviction
11. Pensions in case of incapacity
12. Pensions and gratitudes on death
PART 3 – Fire Fighting, Fire Prevention and Other Services
13. Provision of water supply and regulations thereon
14. Regulations—application to High Court
15. Standing Orders
16. Affixing of fire alarms, etc.
17. Arrangements with persons within Lagos State
18. Arrangements with State Governments, fire authorities and persons outside Lagos State
19. Major disaster—relief of distress in other States of Nigeria
PART 4 – Powers of Members of Fire Service
20. Powers of firemen and police in extinguishing fires—regulation of traffic
21. Right of members of Fire Service to enter upon lands—injuries and damage when deemed injuries or damage by fire
PART 5 – Miscellaneous Provisions
22. Establishment of Fire Service reward fund
23. Charges for services of Fire Service
24. Fire Service not to be used for suppressing civil disturbances
25. Fire Service training facilities available to non-members
26. Fire-fighting and fire prevention deemed public purposes
PART 6 – Offences
27. Contravention of this Law or of regulations
28. Impersonation of members of the Fire Service
29. Obtaining admission into the Fire Service by fraud
30. Communication of confidential or secret information
31. Obstruction of and assault on members of the Fire Service—obstruction of fire engines
32. Failure to yield right of way to fire engines
33. False alarm
34. Interference with fire-fighting equipment
35. Contravention or failure to comply with building regulations
PART 7 – Interpretation
36. Interpretation
PART 8 – Citation
37. Citation and commencement as State law
FIRE SERVICE LAW
A LAW TO MAKE PROVISION FOR THE ORGANISATION, DISCIPLINE, POWERS AND DUTIES OF LAGOS STATE FIRESERVICE, AND FOR OTHER CONNECTED PURPOSES
[1963 No.11. L.N. 139 of 1965. L.S.L.N. 16 of 1972]
[Commencement 1988 No.7] [10th October, 1988]
PART 1 – Organization and Administration
1. Establishment of the Fire Service
There is established a fire-fighting service to be known as Lagos State Fire Service (the ‘‘Fire Service’’).
2. General duties of the Fire Service
The Fire Service will be employed for the extinguishment, control and prevention of fire, the saving and protection of life and property and for such other humanitarian and other works as may be required of them under the authority of the State Commissioner.
3. Constitution of the Fire Service
The Fire Service will consist of a Fire Commissioner (‘‘the Fire Commissioner’’), and such other officers and firemen of such ranks as may from time to time be appointed by the Civil Service Commission of Lagos State.
The Fire Commissioner
4. Responsibility of the Fire Commissioner—delegation of powers
(1) The Fire Service will be under the command of the of the Fire Commissioner, who, subject to the general orders and directions of the State Commissioner, will be responsible to the State Commissioner for the efficient administration and government of the Fire Service.
(2) Any power conferred and any duty imposed upon the Fire Commissioner may, in the absence of the Fire Commissioner at any time, be exercised or performed by any member of the Fire Service authorized generally or specifically in that behalf by the Fire Commissioner or the State Commissioner.
The State Commissioner
5. Provision of equipment; training; inspection of buildings, etc.
The State Commissioner may make provision for fire fighting, fire prevention and the alleviation of distress, and in particular may secure—
(a) the service of such fire equipment as may be necessary and practicable to meet efficiently all normal requirements;
(b) the efficient training of members of the Fire Service;
(c) efficient arrangements for dealing with calls for the assistance of the Fire Service in case of fire or other emergency;
(d) efficient arrangements for obtaining by inspection or otherwise information required for fire fighting and fire prevention purposes with respect to the character of buildings and other surrounding properties, the availability of water supply, the means of access to it, and other material circumstances—
(i) for the purposes of such arrangements, any member of the Fire Service will be empowered to enter any building or other property at all reasonable hours if authorized so to do in writing by the Fire Commissioner;
(ii) if any member of the Fire Service so authorized to enter any building or other property, as required by subparagraph (1), is refused admission, the court, on the ex parte application of the Fire Commissioner or of the member so authorized, may order the person having custody of the said building or other property to admit such member;
(iii) any such court order will continue in force until the purposes for which entry was necessary have been fulfilled;
(e) efficient arrangements for the giving, when requested, of advice in respect of buildings and other property, as to fire prevention or the restriction of the spread of fires, and as to means of escape in case of fire.
6. Powers included in the State Commissioner’s powers
The State Commissioner’s powers shall include power—
(a) to provide accommodation for the Fire Service and its equipment including housing and other accommodation for members of the Fire Service and furniture reasonably required for such accommodation;
(b) to pay to persons, not being members of the Fire Service maintained in pursuance of this Law, who render services for fire-fighting purposes, such rewards as the Fire Commissioner deems fit;
(c) provide and maintain fire alarms in. such positions in any street or public place as he deemed proper, and to affix any such fire alarm to any wall or fence adjoining a street or public place;
(d) to provide efficient arrangements for ensuring that reasonable steps are taken to prevent or mitigate damage to property resulting from measures taken in dealing with fires;
(e) to employ the Fire Service, or use any of the equipment maintained by it, for purposes other than fire- fighting purposes for which it appears to the Commissioner to be suitable and, if the State Commissioner deems fit, to make such charge as he may prescribe for any service rendered in course of such employment or use;
(f) to employ the Fire Service, or use any of its equipment, outside Lagos State.
Enlistment and Service
7. Enlistment
Every fireman, will, on appointment, be enlisted to serve in the Fire Service for three (3) years, or for such other period as may be fixed by the Civil Service commission to be reckoned in all cases from the day on which the fireman has been approved for service.
8. Re-engagement
(1) Any fireman of good character may within six (6) months before completion of his first period of enlistment and with the prescribed approval, re-engage to serve for a further period of six (6) years and may similarly re-engage for a second period of six (6) years, and may thereafter similarly re engage either to serve until the expiration of a third period of six (6) years or until he reaches the age of 45 years (whichever is earlier).
(2) Upon completion of such third period of six (6) years, or if he has re-engaged until reaching the age of Forty-five (45) years then upon reaching such age, the firemanmay if he so desires and with the prescribed approval continue in the Fire Service in the same manner in all respects as if the term of service were still unexpired, except that the fireman may be discharged or may claim a discharge upon six (6) months prescribed notice being given.
(3) The prescribed approval referred to in subsections (1) and (2) will be that of the Civil Service Commission or of any member of the Fire Service to whom the Civil Service Commission has delegated the power to give such approval, and the prescribed notice referred to in subsection (2) will be given by or to the Civil Service Commission or by or to any member of the Fire Service to whom the Civil Service Commission has duly delegated the power of giving or receiving such notice.
(4) firemen who offer to re-engage within six (6) months of having received their discharge he will, if the offer of service is accepted, on re-engagement be entitled to the rank which they were holding at the time of his discharge, provided there is a vacancy in the establishment of that rank at the time of re engagement. If, however, no vacancy exists in the establishment of that rank at that time, they may be appointed to the nearest lower rank in the establishment of which a vacancy exists, and the appointee will be entitled to promotion to the rank they held was holding at the time of his discharge immediately after his re-engagement as a vacancy arises in the establishment of that rank.
(5) The service of a fireman who has re-engaged under this section will be deemed to be continuous for the purposes of pension or annual allowance or gratuities, as the case may be, the fireman being regarded as on leave without pay during the period between discharge and re-engagement.
(6) Firemen may not apply for re-engagement after a period of six (6) months has elapsed since his discharge, but a fireman may be permitted to re-enlist subsequent to that period if the offer of service is accepted.
(7) The question of the reinstatement of a re-enlisted fireman to the rank he held prior to his discharge will be decided by the Fire Commissioner.
(8) Any fireman whose term of service expires during a period of emergency, insurrection or hostilities, may be compulsorily retained and his service prolonged for such period, not exceeding Twelve (12) months, as the Civil Service Commission may direct.
(9) Subject to the provisions of subsection (1) of section 7 of the Pensions Reform Act as the same applies to officers in the public service of Lagos State and to the provisions of subsection (2) of this section, firemen will not be at liberty to resign or withdraw themselves from their duties without the approval of the Civil Service Commission or of any member of the Fire Service to whom the Civil Service Commission has delegated the power to give such approval.
[L.F.N. CAP. 346]
(10) For the purposes of this section the term ‘‘period of emergency’’ has the same meaning as in section 70 of the Constitution of the Federation.
PART 2 – Gratuities, Annual Allowances and Pensions
9. Pensions, Gratuities and Annual Allowances
(1) Members of the Fire Service of or above the rank of Leading Fireman who are pensionable under the provisions of the Pensions Law if promoted or reappointed to such pensionable rank after the expiration of their initial period of enlistment, will be deemed to be confirmed with effect from the date of such promotion or reappointment.
[Cap. P3, No.6 of 2007 L.L.S.N.]
(2) Subject to the provisions of this section, there will be paid to a fireman on discharge after continuous good service extending over a period of not less than three years, a gratuity calculated at a rate of one-half of a month’s pay at the rate pertaining at the date of discharge for each completed year of service, and in addition, he may be granted the following retiring benefits—
(a) on completion of ten (10) or more years of continuous service—
(i) subject to his having reached the age of Forty-five (45) years or being required to retire on medical grounds, an annual allowance calculated at one nine hundred and sixtieth of the fireman’s annual emoluments at the date of retirement for each completed month of service, or
(ii) a gratuity calculated at one twentieth of a month’s pay for each completed month of service,
(b) on completion of five (5) years’ but less than ten (10) years’ continuous service a gratuity calculated at one twentieth of a month’s pay for each completed month of service.
(3) Where firemen have rendered at least twenty-five (25) years of good service and has attained the age of forty-five (45) years but his service has not been continuous, the State Commissioner may, in his discretionarily, treat such service, for the purpose of the calculation of the annual allowance and gratuities for which the fireman might otherwise have been eligible under subsection (2) on final discharge, as continuous service, provided that there will be deducted from any gratuities so granted any sums previously paid to such fireman by way of gratuities, and further provided that any annual allowance previously granted under subsection (2) will have been suspended during any such further period of service.
(4) Where the service of firemen have not been such as to justify the payment of the full annual allowance and gratuities on discharge for which they would otherwise have been eligible, the State Commissioner may, on the recommendation of the Fire Commissioner approve the award of such reduced annual allowance and gratuities as may be deemed just.
(5) Where a fireman has completed more than six years’ continuous service and is discharged as unfit for further service or on reduction of establishment, he will receive on discharge such proportion as the State Commissioner may deem just of the annual allowance and gratuities for which he would otherwise have been eligible had he attained the age of 45 years at the date of his discharge.
(6) (a) Where firemen who have completed more than three (3) years’ continuous service dies while serving in the Fire Service, the gratuities for which they would have been otherwise eligible under the provisions of this section will be calculated to the date of death and the State Commissioner may cause such gratuities to be paid to or for the benefit of the widow or widows or child or children or any of the dependants or next of kin of such fireman, and if such gratuities are paid to or for the benefit of more than one person, in such proportion as the State Commissioner may deem just.
(b) Where firemen die while serving in the Fire Service before they have completed three years continuous service, the State Commissioner may, on the recommendation of the Fire Commissioner, award gratuities calculated on the rate of pay pertaining at the date of the death of such fireman bearing such proportion to the gratuities for which he would otherwise have been eligible had they completed six (6) years’ service at the said rate of pay as the number of years of actual service bears to six (6) years and where any such gratuities are awarded the provisions for the payment of gratuities under paragraph (a) of this subsection will apply to the payment of such gratuities.
10. Loss of annual allowance or pension on conviction
If any person to whom an annual allowance or pension has been granted under this Law is convicted before any court in the Federation of Nigeria and sentenced to death, penal servitude, or to any form of imprisonment with hard labour for a period of not less than three (3) months such annual allowance or pension shall cease from the date of conviction, provided that—
(a) if the conviction is before a customary court or native court in Nigeria, such annual allowance will not cease unless the offence for which the sentence was imposed is an offence, which, if committed within Lagos State, would be punishable by the general criminal law of the State with death or imprisonment;
(b) where an annual allowance or pension has ceased under this section, the State Commissioner on the recommendation of the Fire Commissioner may direct all or any part of the money, to which the person to whom such conviction relates would have been entitled by way of annual allowance or pension, to be paid to or applied for the maintenance and personal support and benefit of all or any, to the exclusion of the other or others, of the following persons, namely, any wife, child or children of such person, in such proportion and manner as the State Commissioner on the recommendation of the Fire Commissioner thinks proper and such money will be paid or applied accordingly;
(c) where an annual allowance or pension has ceased under this section, the State Commissioner, on the recommendation of the Fire Commissioner may, on the expiration of a sentence of penal servitude or imprisonment or in the case of a sentence of death on the expiration of any sentence of penal servitude or imprisonment substituted, direct that the annual allowance or pension or any part of it be restored to the person to whom the conviction relates;
(d) if after conviction a person whose annual allowance or pension has ceased under this section is granted a free pardon, such annual allowance or pension will be restored with effect from the date of conviction; but in determining whether arrears of such allowance or pension are payable to such person and in computing the amount, account will be taken of all moneys paid or applied under the provisions of paragraph (b) or (c).
11. Pension in case of incapacity
Where firemen have been permanently incapacitated by an injury sustained or sickness contracted—
(a) in the actual discharge of their duty; and
(b) without their own default; and
(c) on account of circumstances specifically attributable to the nature of their duty, and their discharge is thereby necessitated or materially accelerated, any annual allowance or gratuities granted to them under this Law may be supplemented by a pension based on the following proportions of the annual rate of pay at the date of their injuries.
When their capacity to contribute to their support is—
slightly impaired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . five-sixtieths
impaired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ten-sixtieths
materially impaired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fifteen-sixtieths
totally destroyed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . twenty-sixtieths;
provided that the amount of such pension may be reduced to such an extent as the State Commissioner deems reasonable where the injury or sickness is not the sole cause of discharge or where firemen so incapacitated have continued to serve for not less than one year after sustaining the injury or contracting the sickness in respect of which they receives their discharge, provided further that the annual value of the combined annual allowance and pension will not exceed fifty-sixtieths of his annual rate of pay at the date they sustained the injury or contracted the sickness.
12. Pensions and gratuities on death
(1) Where a firemen who have completed more than three (3) years’ continuous service dies while serving in the Fire Service, the State Commissioner on the recommendation of the Fire Commissioner may grant to their estates or to any person being a relative or dependant of such fireman, in addition to any other gratuities payable under the provisions of section 9, a sum not exceeding one year’s pay.
(2) The State Commissioner on the recommendation of the Fire Commissioner may direct that any sum so awarded be paid to or applied for the maintenance and personal support and benefit of all or any, to the exclusion of the other or others, of the following persons, namely, any wife, child, children, relative or dependant of the firemen in such manner as the State Commissioner on the recommendation of the Fire Commissioner may deem just.
(3) If a fireman dies as a result of injuries received in the execution of assigned duty or is killed on duty it will be lawful for the State Commissioner on the recommendation of the Fire Commissioner to grant in addition to the award provided for in subsection (1) the pensions set out in this subsection, that is to say—
(a) if such fireman leaves a widow or widows, a pension to her or them divided equally between them whilst unmarried and at a rate not exceeding ten-sixteenths of the fireman’s pay;
(b) if such fireman leaves a widow or widows to whom a pension is granted under the preceding paragraph and a child or children, a pension in respect of each child until such child reaches the age of twenty-one (21) years, of an amount not exceeding one-eighth of the pension prescribed under the preceding paragraph;
(c) if such fireman leaves a child or children but does not leave a widow, or leaves a child or children and a widow or widows to whom no pension under paragraph (a) has been granted, then a pension in respect of each child of double the amount prescribed in paragraph (b) until such child attains the age of twenty-one (21) years;
(d) if such fireman leaves a child or children and a widow to whom a pension is granted under paragraph (a), and the widow subsequently dies, a pension of double the amount prescribed in paragraph (b) in respect of each child as from the date of the death of the widow until such child attains the age of twenty-one (21) years;
(e) if such fireman does not leave a widow, or if no pension is granted to the widow, and if the mother of the fireman was wholly or mainly dependent on him for support, a pension to the mother without adequate means of support, of an amount not exceeding the pension which might have been granted to the fireman’s widow, provided that—
(i) all such pensions will be in the discretion of the State Commissioner acting on the recommendation of the Fire Commissioner and any pension so granted will cease if at any time the State Commissioner is satisfied that the person in respect of whom such pension has been granted is adequately provided for through other means of support; and
(ii) pensions will not be payable under this paragraph at any time in respect of more than six (6) children; and
(iii) a pension granted to a female child under this paragraph will cease upon the marriage of such child under the age of twenty-one (21)years; and
(iv) if in any case it appears to the State Commissioner acting on the recommendation of the Fire Commissioner that it would be proper so to do having regard to the law or custom of any area, payment of the foregoing pensions may by his discretion be paid to such authority having jurisdiction in that area as he may specify, for disbursement in the interests of the persons entitled to such payment under the provisions of this subsection.
(4) If any fireman proceeding by a route approved by the State Commissioner, acting on the recommendation of the Fire Commissioner, to or from Lagos State at the commencement or termination of his service therein or of a period of leave, dies as a result of damage to any vessel, vehicle or aircraft in which he is travelling, or of any act of violence directed against such vessel, vehicle or aircraft, and the State Commissioner, acting on the recommendation of the Fire Commissioner, is satisfied that such damage or act is attributable to circumstances arising out of any war in which Nigeria may be engaged, such fireman will be deemed for the purposes of this section to have died under the circumstances described in subsection (3) of this section.
[L.N. 139 of 1965]
(5) For the purposes of this section the word ‘‘child’’ includes—
(a) a posthumous child; and
(b) a stepchild or illegitimate child born before the date of the injury or death and wholly or mainly dependent upon the deceased fireman for support.
PART 3 – Fire-Fighting, Fire Prevention and Other Services
13. Provision of water supply and regulations thereon
The State Commissioner may take all reasonable measures for ensuring the provision of an adequate supply of water, and for securing that it will be available for use, in case of fire; and, after consultation with the State Commissioner responsible for the Lagos Water Supply, may from time to time make regulations—
(a) for securing on such terms as to payment or otherwise as may be therein specified that an adequate supply of water will be available to the Fire Service in case of fire;
(b) for the provision of such additional supply of water for such Fire Service as may be necessary from time to time;
(c) for the provision at the expense of the Fire Service of fire hydrants or other sources of the supply of water at points to be indicated by the Fire Commissioner;
(d) for the provision at the expense of the Fire Service of distinguishing marks denoting the situation of each fire hydrant or other such supply of water: which distinguishing marks may be placed or erected upon, or adjoining, any street or public place;
(e) for providing for uniformity in fire hydrants and other such sources of water supply; and in the distinguishing marks denoting the location of such fire hydrants or other sources of water supply; and in the positions where such distinguishing marks are to be placed;
(f) for the regulation of the pressure of water available from such fire hydrants or other sources of water supply, and for the provision at the expense of the Fire Service of such auxiliary pumping plant and equipment as may be necessary;
(g) for the provision of prior notice from the Lagos water supply to the Fire Service of any proposed installation of new main water pipes, or of the carrying out of major alterations to any existing main pipes; together with details, plans and other information of such proposed works.
14. Regulations—application to High Court
Save as provided by section 13 of this Law, the State Commissioner may from time to time make regulations—
(a) on the recommendation of the Civil Service Commission—
(i) with respect to the organization and administration of the Fire Service;
(ii) with respect to appointments to the Fire Service and to offices in it;
(iii) with respect to the training of members of the Fire Service;
(iv) with respect to the promotion, transfer, dismissal and disciplinary control of members of the Fire Service;
(b) setting out the scales of charges permitted under subsection (2) of section 23 for services rendered by the Fire Service;
(c) with respect to the administration of the Fire Service reward fund established under the provisions of section 22;
(d) with respect to the prevention of fire, the reduction of the risk of fire and safety of persons or animals in or near any building or vehicle or class of building or vehicle from fire hazard;
[1988 No.7]
(e) with respect to the prohibition or control of the use, in the erection, alteration, improvement or repair of any building or other structure, of materials deemed by the State Commissioner to constitute a fire hazard; or of the use of any materials in the erection, alteration, improvement or repair of any building or other structure which materials, because of the use or proposed use of the said building or other structure, or because of its location or proposed location or otherwise, the State Commissioner deems to constitute a fire hazard;
(f) requiring owners of multiple dwellings, cinemas, theatres, office buildings and other such buildings, structures or places to which the public resort from time to time to take such precautions as the State Commissioner may specify for the safety against fire hazards of the tenants, occupiers, invitees or other users of such buildings, structures, or places;
For this purpose the State Commissioner may classify such buildings, structures or places into different categories, and each such category may be subject to different safety requirements under this law. Furthermore, the State Commissioner may empower the State Chief Fire Officer to limit the numbers of persons occupying or using such buildings, structures or places at any one time, and to require such owners to install such fire-fighting equipment of such standard as the State Commissioner may prescribe and as the State Chief Fire Officer may deem necessary, and generally to regulate the user of such buildings, structures or places; so that at all times the tenants, occupiers, invitees, or users will have free access to such fire-fighting equipment;
[1988 No.71]
(g) prescribing the type of signals, audible or visual, to be used on fire engines or other mobile fire-fighting equipment;
(h) relating to the establishment and good management of canteens and recreationrooms for the benefit of the Fire Service;
(i) such as he deems necessary or desirable to give effect to the provisions of this Law.
15. Standing Orders
(1) The State Commissioner may make Standing Orders—
(a) after consultation with the Civil Service Commission, with respect to—
(i) any matter relating to the organisation and administration of the Fire Service;
(ii) any matter relating to appointments to the Fire Service, and to the promotion, transfer, discipline and control of members of the Fire Service;
(iii) any matter relating to the discipline and control of persons undergoing training under section 25;
(iv) any matter relating to the duties to be performed by members of the Fire Service and for their guidance in the discharge of those duties.
(b) with respect to the description and issue of fire-fighting and fire prevention equipment, accoutrements, uniforms and other necessaries to be supplied to the Fire Service;
(c) with respect to the management and good government of fire stations, training schools, recreation centres and canteens.
(2) Such Standing Orders will be binding upon all members of the Fire Service and on all persons under training but need not be published in the State Gazette.
16. Affixing of fire alarms, etc.
(1) Any fire alarm or any mark indicating the location of any fire hydrant or other water supply as required or prescribed this Law may be affixed or placed upon any land, or other property for the purposes of this Law without the consent of the owner of such land or other property and without compensation.
(2) For the purposes of this section—
‘‘mark’’ includes any notice, tablet, plate, pillar, post or other distinguishing mark;
‘‘land’’ includes buildings, walls, or fences;
‘‘owner’’ includes any lessee, tenant, licensee, or occupier.
17. Arrangement with persons within Lagos State
(1) The State Commissioner on the recommendation of the Fire Commissioner, may enter into arrangements with persons who maintain fire-fighting units within Lagos State to secure, on such terms as to payment or otherwise as may be agreed, the provision by those persons of assistance for the purpose of dealing with fires or other emergencies occurring in the State.
(2) Members of such fire-fighting units while engaged upon operations under any such arrangements may exercise all of the powers and duties, and will possess all of the immunities exercisable and possessed by members of the Fire Service under this Law.
18. Arrangements with State Governments, fire authorities and persons outside Lagos State
(1) The State Commissioner on the recommendation of the Fire Commissioner, and on such terms as to payment or otherwise as may be agreed, may enter into arrangements with—
(a) the Government of any other State of Nigeria, or any fire authority within any such State, which maintains a fire-fighting service; or
(b) any other person who maintains a fire-fighting unit outside Lagos State—
(i) to secure the provision, by such State Government, fire authority or person, of assistance for the purpose of dealing with fires or other emergencies occurring within Lagos State, or
(ii) to provide to such State Government, or fire authority or person assistance by the Fire Service for the purpose of dealing with fires or other emergencies occurring outside Lagos State.
(2) No arrangement under paragraph (b) of subsection (1) may be entered into by the State Commissioner unless the Government of the State, where the fire-fighting service or fire-fighting unit is maintained, approves of such arrangement and agrees to indemnify the Fire Service and every member against damages for injury to persons or property caused by any act or omission on their part during the course of such operations within that State, which said act or omission would, if done or omitted to be done within Lagos State, be lawful under this or any other enactment.
19. Major disaster—relief of distress in other States of Nigeria
(1) If any major disaster occurs anywhere within the Federation outside Lagos State and if either the fire authority or the Commissioner of Police for the State in which the said major disaster has occurred so requests, the Fire Commissioner may, in his discretion, provide assistance—
(a) by utilising or lending, with or without compensation, to the State Government or fire authority, the equipment, supplies, facilities, personnel and other resources of the Fire Service;
(b) by performing on public or private lands protective and other work essential for the preservation of life and property and the alleviation of suffering.
(2) The Government of Lagos State will not be liable for any claim based upon the Fire Service’s exercise or performance of any function or duty in carrying out the provisions of this section.
(3) For the purposes of this section, ‘‘major disaster’’ means any flood, fire, hurricane, earthquake, storm or other catastrophe in any part of the Federation which in the determination of the local fire authority or of the Commissioner of Police for the State concerned is, or threatens to be, of sufficient severity and magnitude to warrant assistance by the Fire Service to supplement the efforts and available resources of the fire authority and local fire-fighting services in alleviating the damage, hardship and suffering caused.
PART 4 – Powers of Members of Fire Service
20. Powers of firemen and police in extinguishing fires
(1) The most senior member of the Fire Service present at any fire will have the sole charge and control of all operations for extinguishing the fire, including the fixing of the positions of fire engines and apparatus, the attaching of hoses to any water pipes, or the use of any water supply, and of the selection of the parts of the building, object or place, where the fire is, or of adjoining buildings, objects or places, against which the water is to be directed; and all other measures deemed by the senior member to be necessary towards the extinguishing of the fire or the assistance of persons or animals in distress, or by reason of such fire-fighting or fire prevention measures.
(2) The most senior police officer present at any fire, or, in the absence of a police officer, the most senior officer of the Fire Service present, may close to traffic any street or thoroughfare, or may stop or regulate the traffic thereon, or may remove any person, including the owner or occupier of the property on fire or of adjacent or neighboring property, from the said street or thoroughfare if in the opinion of that officer it is necessary or desirable to do so for fire-fighting purposes.
[REGULATION OF TRAFFIC]
(3) For the purposes of ensuring or expediting the passage of any fire engine or other mobile fire-fighting equipment while proceeding to a fire, any member of the Fire Service may stop or regulate the traffic on any street or thoroughfare or may remove any person or vehicle from the said street or thoroughfare, if, in his opinion, it is necessary or desirable to do so for the purpose of ensuring or expediting such free passage of the said fire engine or other mobile fire-fighting equipment.
(4) All persons and vehicles using any street or thoroughfare must yield right of way to fire engines and other mobile fire-fighting equipment proceeding to a fire and operating any prescribed signal audible or visual; and police officers, if present, will give such assistance as may be necessary for the purpose.
21. Right of members of Fire Service to enter upon lands
(1) Any member of the Fire Service who is on duty or any member of a State or other fire authority or of a fire-fighting unit who is acting within Lagos State in pursuance of any arrangement entered into under section 17 or section 18 of this Law, or any police officer, may, without the consent of the owner—
(a) enter, and if necessary break into, any building or place in which a fire has, or is reasonably believed to have, broken out;
(b) enter, and if necessary break into, any building or place, which he believes it is necessary to enter for the purpose of protecting the building or place from fire or from acts done for fire- fighting purposes, or for the purpose of extinguishing a fire therein or on property adjacent thereto;
(c) having entered such building or place, do such acts as he may deem necessary for extinguishing any fire or for protecting such building or place or property adjacent to or any property therein from fire or from acts done for fire-fighting purposes;
(d) having entered such building or place, do such acts as he may deem necessary for the protection, rescue or assistance of persons or animals;
(e) pull down any building or other structure, or destroy or remove any property as he may deem necessary to extinguish or limit the spread of any fire;
(f) take water from any source whatsoever, without payment or other compensation, for the purpose of extinguishing a fire or of limiting the spread.
(2) Any injury to person or damage to property caused by any member of the Fire Service or any police officer while acting in the execution of his duties in the extinguishing of fires or in aid or assistance to persons or animals under the provisions of this Law will be deemed to be injuries or damage by fire.
[INJURIES AND DAMAGE WHEN DEEMED INJURIES OR DAMAGE BY FIRE]
PART 5 – Miscellaneous Provisions
22. Establishment of Fire Service reward fund
There will be established a fund to be called the ‘‘Fire Service reward fund’’, into which there will be paid all pay forfeited by members of the Fire Service for offences against discipline, and all fines levied for assaults on members of the Fire Service. Such fund will be applied and administered by the Fire Commissioner in accordance with regulations made under section 14.
23. Charges for services of Fire Service
(1) A charge will not be made for any service rendered by the Fire Service in extinguishing fires.
(2) Charges may be made for services, other than extinguishing fires, rendered by the Fire Service at rates to be prescribed.
(3) Any such prescribed charge may be sued for and recovered in a court of competent jurisdiction in Lagos State by the Fire Commissioner in his official name with full costs of action from the person charged as a debt to the Government of Lagos State.
24. Fire Service not to be used for suppressing civil disturbances Save when expressly so authorised by the State Commissioner or the Fire Commissioner, the Fire Service will not be employed for the purposes of the prevention, control or suppression of civil commotion, riot, or other civil disturbance.
25. Fire Service’s training facilities to non-members
Any person who is not a member of the Fire Service may, with the approval of the State Commissioner and on such terms as to payment or training otherwise as may be prescribed, be admitted to all or part of such training in fire-fighting and fire prevention as is established under this Law for the training of members of the Fire Service.
26. Fire-fighting and fire prevention deemed public purposes
For the purposes of the Land Use Act, fire-fighting and fire prevention will be deemed to be public purposes.
[CAP. L60. LAWS OF NIGERIA]
PART 6 – Offences
27. Contravention of this Law or of regulations
Any person who contravenes or fails to comply with any of the provisions of this Law, or with any regulation or requirement made thereunder, for which no other penalty is specifically provided shall be guilty of an offence and on summary conviction, be liable to a fine not exceeding Thirty Thousand Naira (N=30,000.00) or to imprisonment for a term not exceeding two (2) months or to both such fine and imprisonment.
28. Impersonation of members of the Fire Service
Any person not being a member of the Fire Service who puts on or assumes, either in whole or in part, the dress, name, designation or description of any member of the Fire Service, or in any way pretends to be a member of the Fire Service or to possess authority from or on behalf of the Fire Service for the purpose of obtaining admission into any building or other place, or of doing any which such person would not by law be entitled to do of his own authority, will be guilty of an offence, and on summary conviction thereof will be liable to a fine of One Hundred and Eighty Thousand Naira (N=180,000.00) or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
29. Obtaining admission into the Fire Service by fraud
Any person who 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 who, on applying for admission makes any false statement whether orally or in writing, will be guilty of an offence and on summary conviction will be liable to a fine not exceeding Forty-Five Thousand Naira N=245,000.00 or to a term of imprisonment not exceeding three months or to both such fine and imprisonment; and, if having been admitted to the Fire Service, will further be liable to dismissal from the Service.
30. Communication of confidential or secret information
(1) Any member of the Fire Service who at any time communicates or attempts to communicate any confidential or secret information obtained by such member in the course of his duties as a member of the Fire Service to any unauthorised person will be guilty of an offence and on summary conviction thereof will be liable to a fine not exceeding Forty-Five Thousand Naira N=245,000.00 or to a term of imprisonment not exceeding three months or to both such fine and imprisonment, and will further be liable to dismissal from the Fire Service.
(2) For the purpose of this section an ‘‘unauthorised person’’ means any person other than a person to whom a member of the Fire Service is authorised by the State Commissioner to communicate such information.
31. Obstruction of and assault on members of Fire Service
Any person who—
(a) wilfully obstructs, interferes with, assaults or resists any member of the Fire Service in the execution of his duty under this Law or who aids, invites, induces or abets any other person to obstruct, interfere with, assaults or resist any such member of the Fire Service, or any person aiding or assisting such member, in the execution of his duty under this Law; or
Obstruction of fire engines
(b) wilfully obstructs or delays the passage of any fire engines, engine or other mobile fire-fighting equipment proceeding to a fire; will be guilty of an offence under this Law and on summary conviction will be liable to a fine not exceeding One Hundred and Eighty Thousand Naira (N=180,000.00) or to imprisonment for a term not exceeding one (1) year or to both such fine and imprisonment.
32. Failure to yield right of way to fire engines
Any person who fails to yield right of way to a fire engine or other mobile firefighting equipment as required by this Law will be guilty of an offence and on summary conviction, be liable to a fine not exceeding Twenty Thousand Naira (N=20,000.00) or to imprisonment for a term not exceeding one (1) month, or to both.
33. False alarm
Any person who wilfully gives or causes to be given a false alarm of a fire to the Fire Service maintained in pursuance of this Law or to any member of such Fire Service will be guilty of an offence and upon summary conviction, be liable to a fine not exceeding Forty-Five Thousand Naira (N=45,000.00) or to imprisonment for a term not exceeding three (3) months or to both.
34. Interference with fire-fighting equipment
(1) Any person who unlawfully interferes with, damages, or removes any firefighting equipment maintained by the Fire Service will be guilty of an offence, and upon summary conviction, be liable to a fine not exceeding Forty-Five Thousand Naira (N=45,000.00) or to imprisonment for a term not exceeding three (3) months, or to both.
(2) For the purposes of this section ‘‘fire-fighting equipment’’ includes any fire engine, mobile fire-fighting equipment, fire extinguisher, fire escape, fire alarm, fire hydrant, fire hydrant cover, or any post, pillar, plate, tablet or other mark used to indicate the position of a fire hydrant or other source of water, or any other equipment so prescribed.
35. Contravention or failure to comply with building regulations
(1) (a) Any person who is the owner of a building and who contravenes or fails to comply with any regulation or requirement prescribed or made under this Law—
(i) prohibiting, controlling or limiting the use of the said building for any particular purpose, or at any particular time, or by more than any specified number of persons at any particular time; or
(ii) requiring the installation or maintenance of any fire-fighting equipment in or upon the said building; or
(b) any person who is the owner of land on which a building is being erected, or who is the owner of a building which is being altered or repaired, or who is employed by the owner of the said land to erect a building on the land or by the owner of a building to alter or repair the same whether under contract or otherwise, and who contravenes or fails to comply with any regulation or requirement prescribed or made under this Law prohibiting, controlling or limiting the use of certain specified materials in or about the erection, alteration or repair of the said building, will be guilty of an offence and on summary conviction be liable to a fine not exceeding Three Hundred and Eighty Thousand Naira (N=380,000.00) or to imprisonment for a term not exceeding two (2) years or to both such fine and imprisonment.
(2) (a) On conviction of any owner of any building under paragraph (b) of subsection (1), the court may in its absolute discretion order that the said building be demolished, or that the said materials be removed at the expense of the owner without compensation.
(b) Any demolition or removal order made under paragraph (a) will be executed by the said convicted owner within the time decreed by the said order.
(3) For the purposes of this section ‘‘building’’ includes any building, structure or place or any multiple dwelling.
PART 7 – Interpretation
36. Interpretation
In this Law unless the context otherwise requires—
‘‘court’’ means a magistrate’s court;
‘‘fire authority’’ means any State or local authority or other body responsible under any law for the provision of fire-fighting or fire protection services in any State or part of a State;
‘‘fire engine’’ means any vehicle used for the carriage of members of the Fire Service or of fire-fighting or rescue equipment;
‘‘fire-fighting equipment’’ includes fire extinguishers, fire escapes, emergency exits and other such means of fire-fighting, fire prevention and escape, as may be prescribed;
‘‘fire-fighting unit’’ means fire-fighting personnel and mobile fire-fighting equipment maintained as such by any person other than a fire authority for use in the fighting and prevention of fires on such person’s property;
‘‘Fire Service’’ means the Fire Service established under this Law;
‘‘fireman’’ means any member of the Fire Service of or below the rank of sub officer;
‘‘mobile fire-fighting equipment’’ means any fire-fighting equipment, not being a fire engine, so constructed as to be movable from place to place on a wheel or wheels;
‘‘multiple dwelling’’ means a building or group of buildings constructed or adapted to be let in separate portions for purposes of residence to more than six separate tenants or occupiers under separate agreements whether verbal or written, and includes a hotel, guesthouse, rest-house, or other building used for similar purposes;
‘‘owner’’ includes lessee, licensee and occupier;
‘‘prescribed’’ means prescribed by this Law or by regulations made under this Law;
‘‘State Commissioner’’ means the Commissioner for Home Affairs, Office or the Permanent Secretary for Home Affairs Office.
[1994 No.6]
PART 8 – Citation and Commencement
37. Citation and commencement as State law
(1) This Law will be cited as the Fire Service Law R.S.L.N. 16 of 1972.1.
(2) This Law will come into operation as a law of Lagos State on such date as the State Commissioner may by order appoint.
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
PAGE
1. Fire Service (Scale of Charges) Regulations . . . . . . . . . . . . F3–25
[L.S.L.N. 19 of 1988]
2. Petrol Filling Station (Issuance of Certificate) (Registration Fees) Regulations . . . . . . . .. . . . . . . . . . F3–32
[L.S.L.N. 21 of 1988]
3. Fire Service (Fire Fighting Equipment, etc. Dealers (Registration Fees) Regulations . . . . . . . . . . . . F3–35
[L.S.L.N. 20 of 1988]
FIRE SERVICE (SCALE OF CHARGES) REGULATIONS
under section 1A(1)(b)
[Commencement] [27th October 1988]
1. Fees to be charged for services rendered
(1) As from the commencement of these regulations, Lagos State Fire Service will charge fees specified in the Schedule for the inspection of any building in the State or any vehicle operating in the State to which these regulations apply, to ensure that such building has been constructed in strict compliance with the provisions of the Urban and Regional Planning Law and such building has installed fire-protection devices or in the case of a vehicle that such has adequate means of fire escape and fire protection devise installed in it for the issuance of any certificate to that effect and for rendering any other service.
[L.S.L.N. No.15 of 1986., No. 8 of 2005]
(2) The building or vehicle to which these Regulations apply are specified in the said Schedule to these Regulations.
2. Inspection of building or vehicle
An authorised officer must inspect every year such buildings or vehicles for the reasons stated in regulation 1 of these Regulations.
3. Power to issue certificate
(1) Where such building or vehicle inspected is found to have complied with these Regulations, the State Commissioner after due consultation with the State Chief Fire Officer may issue a fire protection certificate or fire safety certificate, as the case may be, to that effect, to the owner of such building or vehicle.
(2) It is mandatory that the building plans/drawings of proposed new projects submitted to the Town Planning Authority be cleared with the State Fire Service for the purpose of ensuring that adequate fire safety protection devices are incorporated in the plan and of making additional recommendations to that effect where in the opinion of the State Fire Service the facilities provided are not adequate.
(3) The certificate issued under sub-regulation (1) of this regulation will expire on the 31st of December of every year of issue and same will be renewed accordingly.
(4) Any certificate issued under this regulation must be exhibited in a conspicuous place in the building or carried within the vehicle and will be produced on demand by any authorised officer.
(5) A duplicate certificate may be issued upon application to the State Commissioner and upon the payment of a specified fee.
(6) The certificate issued under this regulation will be issued in the name of the owner of the building or vehicle.
(7) Any money received in the process will be paid into Lagos State Treasury.
4. Power to renew certificate etc.
(1) The State Commissioner may renew, revoke, suspend, cancel or transfer any certificate issued under these Regulations on the recommendation of the State Chief Fire Officer.
(2) A certificate may not be issued, renewed or transferred to any owner unless the prescribed fee has been paid.
5. No fee for emergency service
The State Fire Service will not charge any fee for any emergency service rendered to the members of the public.
6. Buildings to which the regulations do not apply
The requirements for building to be provided with adequate means of escape or fire protection or safety device will not apply to—
(a) private buildings used for—
(i) residential purposes;
(ii) philanthropic purposes;
(iii) charitable purposes, whose height shall not exceed 12.20m;
(b) four-storey buildings; or
(c) local shops.
7. Power of entry for routine check up
(1) Notwithstanding the provisions of regulation 2 of these regulations an authorized officer may enter any building or any vehicle to which these regulations apply to check from time to time such building or vehicle to ensure strict compliance with the provisions of these regulations or the certificate issued in respect of an inspected building or vehicle.
(2) Such entry into such building will be done between the hours of 8 o’clock in the morning and 6.00 in the evening and 9.00 in the evening in the case of places of entertainment.
8. Payment of fees charged
The owner or occupier of any building to which these regulations apply or the owner of any vehicle to which these regulations apply will pay the fees charged under these regulations.
9. Chief Fire Officer to designate firemen to educate the public
(1) For effective implementation of these regulations, the State Chief Fire Officer may from time to time designate some of the firemen under the State Chief Fire Officer’s supervision and control—
(a) to educate the members of the public on the need to provide adequate means of escape and safety devices and protection in the buildings, including operational and maintenance methods;
(b) to inspect any building or vehicle where necessary and make recommendations for either additional staircases or fire extinguishing medium or fire alarms or any other safety devices to be constructed or installed in such building or order to issue the relevant certificate under these regulations.
(2) Where the recommendation made under sub-regulation (1) of this regulation is accepted by the State Chief Fire Officer and such is conveyed in writing to the owner or dealer or occupier of the building or vehicle as the case may be, the State Chief Fire Officer’s will take necessary steps to effect what has been recommended in such building or vehicle within the time stipulated.
(3 Where such owner, as the case may be, could not effect such recommendations within the stipulated time, the owner may request for an extension of time in writing from the State Chief Fire Officer.
(4) Such extension of time may be granted or refused.
10. Offence and penalty
The owner or occupier who fails to obtain a fire safety certificate for the premises prescribed under this Law or for the vehicle will be guilty of an offence and on conviction will be liable to a fine twice the amount of the rate of charge specified in the Schedule applicable to such premises or to a term of eighteen (18) months’ imprisonment or to both.
11. Interpretation
In these Regulations, unless the context otherwise requires—
‘‘authorised officer’’ means the State Chief Fire Officer, any fireman from the rank of a station officer designated to perform some functions under these regulations by the State Chief Fire Officer, or any other person authorised by the Governor in that behalf;
‘‘building’’ means private and commercial houses, offices, warehouses, factories/industries, hotels of international and medium standard, restaurants, cinema houses and occasional theatre buildings, places of entertainments, hospital and maternity houses, institutions of higher learning, private buildings converted for use as offices, factories or other commercial purpose;
‘‘owner’’ in relation to the building to which these regulations apply includes leases, tenant, licensee and occupier or the registered owner of a vehicle and it includes the person operating such vehicle at the time of the inspection or checking;
‘‘vehicle’’ has the same meaning assigned to it under the Road Traffic Regulations.
12. Citation and commencement
These regulations will be cited as the Fire Service (Scale of Charges) Regulations 1988 and will come into force on the 27th day of October 1988.
SCHEDULE
[L.S.L.N. No.8 of 1994]
LAGOS STATE GOVERNMENT FIRE SERVICE SCALE OF CHARGES FOR SERVICES RENDERED
Regulation 1(2)
| Description of service For the inspection and issuance of certificates under these regulations with respect to: | ||
| 1. HOTELS (a) Category A (those with over 50 rooms and above) (b) Category B (those with 25 rooms and above but below 50) . (c) Category C (those with 10 rooms and above but below 25) (d) Category D (Others below 10 rooms) 2. RESTAURANTS (a) Category A (specialised restaurants) (b) Category B (restaurants with 20 tables) (c) Category C | 10,000.00 6,000.00 3,000.00 1,500.00 1,000.00 600.00 400.00 | |
| 3. FACTORIES, INDUSTRIES, COMPANIES, MILLS AND MAJOR AND MAJOR WORKSHOPS (a) With over 200 workers . . . . . . . . . . (b) With 150-200 workers . . . . . . . . . . (c) With 100-149 workers . . . . . . . . . . (d) With 50-99 workers . . . . . . . . . . . . (e) With 25-49 workers . . . . . . . . . . . . (f) With less than 25 workers . . . . . . . . | 10,000.00 8,000.00 6,000.00 5,000.00 3,000.00 2,500.00 | |
| 4. HIGH-RISE BUILDING (a) 15 floors and above . . . . . . . . . . . . (b) 10 floors-14 floors . . . . . . . . . . . . . (c) 6 floors-9 floors . . . . . . . . . . . . . . . (d) Between 4 floors and 5 floors . . . . . | 10,000.00 8,000.00 6,000.00 5,000.00 | |
| 5. MECHANIC YARDS/WORKSHOPS (TRADEMEN) (a) Mechanic yard with garage. . . . . . . . (b) Welder . . . . . . . . . . . . . . . . . . . . . (c) Auto electrician . . . . . . . . . . . . . . . (d) Panel beater . . . . . . . . . . . . . . . . . (e) Vulcaniser . . . . . . . . . . . . . . . . . . . (f) Workshop with (a)–(e) activities mentioned under this paragraph . . . . . . | 200.00 200.00 200.00 200.00 200.00 500.00 | |
| 6. BAKERIES (a) Small scale . . . . . . . . . . . . . . . . . . (b) Big scale . . . . . . . . . . . . . . . . . . . . | 500.00 1,000.00 | |
| 7.PRIVATECLINIC/HOSPITAL/MATERNITY HOMES (a) Private hospital admission facilities (i) 10-20 beds. . . . . . . . . . . . . . . . . . . (ii) 21-50 beds . . . . . . . . . . . . . . . . . . (iii) 51 beds and above . . . . . . . . . . . .. (b) Private clinic without admission facilities (c) Maternity home . . . . . . . . . . . . . . . | ||
| 8. SAWMILL . . . . . . . . . . . . . . . . . . . . | 1,000.00 | |
| 9.CINEMAHOUSE/OCCASIONAL THEATRE | 500 | |
| 10. DEPARTMENT STORES. . . . . . . . | 1,000.00 | |
| 11. VEHICLES (a) Articulated vehicles 3-5 tons. . . . . . (b) Articulated vehicles above 5 tons and below 10 tons (c) Articulated vehicles 10 tons and above (d) Commercial passenger-carrying vehicle (i) Volkswagen minibus (ii) Passenger lorry bus (molue) (iii) Other commercial/passenger lorry bus of 5 tons and above (e) (i) Petroleum and allied products carrying vehicles of 5 Tons (ii) Petroleum and allied products carrying vehicles above 5 tons and under 10 tons (iii) Petroleum and allied products carrying vehicles of 10 tons and above | 200.00 300.00 400.00 100.00 200.00 300.00 300.00 400.00 500.00 | |
| 12. STANDBY GENERATOR (a) Petrol or diesel-driven standby generator 5KVA and below 15KVA (b) Petrol or diesel-driven standby generator 15KVA and below 15KVA (c) Petrol or diesel-driven standby generator 25KVA and below 100KVA (d) Petrol or diesel-driven standby generator 100KVA and above | 100.00 200.00 200.00 300.00 | |
| 13. REQUEST FOR FIRE INCIDENT REPORT (a) Dwelling house (b) Commercial house (c) Industry (d) Training of industrial staff | 250.00 5,000.00 10,000.00 250.00 | |
| 14. VOCATIONAL SCHOOLS (a) Population of between 50 and 100 (b) Population of between 101 and 200 (c) Population of between 201 and 500 (d) Population of 500 and above | Per person per week 500.00 700.00 1,000.00 2,000.00 | |
| 15. PRIVATE PRIMARY/NURSERY SCHOOLS (a) Population of between 50 and 100 (b) Population of between 101 and 200 (c) Population of between 201 and 500 (d) Population of 500 and above | 500.00 700.00 1000.00 2,000.00 | |
| 16. PUBLIC PRIMARY SCHOOLS (a) Population of between 50 and 100 (b) Population of between 101 and 200 (c) Population of between 201 and 500 (d) Population of 500 and above | 500.00 700.00 1,000.00 2,000.00 |
PETROL FILLING STATION (ISSUANCE OF CERTIFICATE)
(REGISTRATION FEE) REGULATIONS
[L.S.L.N. 21 of 1988]
under section 14(1)(b)
[Commencement] [27th October 1988]
1. Registration of petrol filling station by owner
As from the commencement of these regulations every owner of a petrol filling station in Lagos State must register the premises which will have been constructed in strict compliance with the provisions of the Lagos State Physical Development Regulation, with the State Chief Fire Officer in the manner prescribed under regulation 2 of these regulations.
[L.S.L.N. 15 of 1986]
2. Application for registration by owner of petrol filling station
(1) The owner of such petrol filling station will apply for registration with Lagos State Fire Service for the issuance of a certificate of registration and such registration must be renewed yearly.
(2) The application for registration will be signed by the owner of the petrol filling station and will—
(a) state the name and residential address of the owner;
(b) state the name and address of the petrol filling station;
(c) attach a copy of the approved building plan used in constructing the petrol filling station;
(d) the name of the oil company whose products the owner is selling in the petrol filling station;
(e) if it is an incorporated or unincorporated company, attach a photocopy of the certificate of incorporation or certificate of registration, as the case may be.
(3) The owner will submit the application after completion to the State Chief Fire Officer.
(4) Thereafter the State Chief Fire Officer may designate an authorised officer to inspect the petrol filling station to ensure that it has been constructed in strict compliance with the Lagos State Physical Development Regulation.
(5) If satisfied after the inspection, the State Commissioner after due consultation with the State Chief Fire Officer may issue a certificate of registration in the prescribed form to the owner of the petrol filling station on the payment of the fee specified in the Schedule, in respect of the category to which the said petrol filling station falls in the Schedule.
(6) The certificate of registration will be issued in the name of the owner of the petrol filling station.
(7) Money received in the process of registration will be paid to Lagos State Treasury.
3. Power to renew certificate
(1) The State Commissioner may renew, revoke, suspend cancel or transfer a certificate issued under these regulations.
(2) A certificate may not be issued, renewed or transferred to any owner unless the prescribed fee specified in the Schedule has been paid.
4. Duration of certificate
Any certificate issued under these regulations shall expire on the 31st of December of every year of issue.
5. Production of certificate
Every owner of a petrol filing station with certificate of registration issued under these regulations must produce same on demand by any authorised officer.
6. Power to conduct routine check on petrol filling station
Any authorised officer may conduct routine check on premises of a petrol filling station with or without warrant to ensure strict compliance with the provisions of Regulations and may arrest any offender.
7. Offences and penalties
(1) Any owner of a petrol filling station who fails or neglects to comply with the provisions of these regulations is guilty of an offence and liable on conviction to a fine of Three Hundred and Eighty Thousand Naira (N=380,000.00) or to a term of two (2) years imprisonment.
(2) In addition to the penalty imposed under sub-regulation (1) of this regulation the petrol filling station may be sealed up until the owner complies with the provisions of these regulations.
8. Interpretation
In these Regulations—
‘‘authorised officer’’ means the State Chief Fire Officer or any person designated by the State Chief Fire Officer to carry out the provisions of these regulations, and it includes any other person authorised by the Governor in that behalf.
9. Citation and commencement
These regulations will be cited as the Petrol Filling Station (Issuance of Certificate) (Registration Fee) Regulations and will come into force on the 27th day of October 1988.
SCHEDULE
[L.S.L.N. No. 10 of 1994]
FEES CHARGED FOR SERVICES RENDERED UNDER THESE REGULATIONS
| Regulation 2(5) | |
| Description of service | Approved rate of charges for services rendered (N=) |
| 1. (a) New petrol filling stations with six pumps and above with servicing bay (b) New petrol filling stations with less than six pumps with servicing bay (c) New petrol filling stations with less than four pumps and not below two pumps without servicing bay (d) Others (e) Where restaurants and supermarkets are co-located, charges for the services will be 75 per cent of the prevailing rates of each category (f) Annual renewals of existing filling stations will be 50 per cent of the applicable rates | 10,000.00 8,000.00 6,000.00 4,000.00 |
| 2. LIQUEFIED PETROLEUM GAS (LPG) (a) New LPG filling station (b) Major distributors of LPG (c) Local distributors of LPG (d) Annual renewal of (a)-(c) will be 50 per cent of each category of prevailing rates | 10,000.00 6,000.00 3,000.00 |
FIRE SERVICE (FIRE FIGHTING EQUIPMENT, ETC. DEALER)
(REGISTRATION FEES) REGULATIONS
[L.S.L.N. 20 of 1988]
under section 14(1)(b)
[27th October 1988]
1. Registration of fire fighting equipment dealer
As from the commencement of these regulations, every person who deals in the business of firefighting equipment or engages in the sale of firefighting equipment in Lagos State will register in the manner provided for under regulation 2 of these regulations.
2. Application for registration
(1) Every fire fighting equipment dealer (hereinafter referred to as ‘‘the dealer’’) will apply for registration with Lagos State Fire Service for the issuance of certificate of registration.
(2) The application for registration must be signed by the dealer and will state the following—
(a) full particulars of the types of fire fighting equipment being dealt with, sold and stored by the dealer;
(b) name and residential address of the dealer;
(c) name of the company whether incorporated or unincorporated, address of the place of operation (i.e. copy of the certificate of incorporation or the certificate of registration to be attached);
(d) other useful information necessary to facilitate the processing of the application.
(3) The application after completion will be submitted to the office of the State Chief Fire Officer.
(4) The State Chief Fire Officer may designate an authorised officer to inspect the place of operation of the dealer.
(5) On being satisfied, the State Commissioner after due consultation with the State Chief Fire Officer, may issue a certificate of registration to the dealer on payment of the prescribed fee in the Schedule to the Regulations.
[Schedule]
(6) The certificate of registration will be issued in the name of the dealer.
(7) Any money received in the process of registration will be paid to Lagos State Treasury.
3. Power to renew certificate
(1) The State Commissioner may renew, revoke, suspend cancel or transfer any certificate issued under this Law.
(2) A certificate may not be renewed or transferred to any person unless the prescribed fee of One Thousand Naira (N=1,000) has been paid.
4. Duration of certificate
Any certificate issued under these regulations will expire on the 31st day of December of the year of issue and will be renewed yearly.
5. Production of certificate
Every dealer with a certificate of registration issued under this Law shall produce same on demand by an authorised officer.
6. Power of authorised officer to conduct routine check
Any authorised officer may conduct routine checks on the premises of a dealer with or without a warrant to ensure compliance with the provisions of these regulations.
7. Offence and penalty
(1) Any dealer who fails or neglects to comply with regulations 1, 2 and 5 of these regulations is guilty of an offence and is liable on conviction to a fine of Three Hundred and Eighty Thousand Naira (N=380,000.00) or to Two (2) years imprisonment.
(2) In addition to the penalty imposed under sub-regulation (1) of this regulation the premises of the dealer where he is operating will be sealed up.
(3) Where the dealer who commits the offence under these regulations is either an incorporated or unincorporated body the director, manager or secretary or proprietor of the said incorporated or unincorporated body will be liable on conviction to a fine of Ninety Thousand Naira (N=90,000.00) or six (6) months’ imprisonment.
8. Interpretation
In these Regulations—
‘‘authorised officer’’ means the State Chief Fire Officer or any person designated by State Chief Fire Officer to carry out the provisions of these regulations, and includes any other person authorised by the Governor on that behalf.
9. Citation and commencement
These Regulations will be cited as the Fire Service (Fire Fighting Equipment, etc. Dealer) (Registration Fees) Regulations and will come into force on the 27th day of October 1988.
SCHEDULE
[L.S.L.N. No.9 of 1994]
| Regulation 2(5) | |
| Description of service | Amount charged for inspection and issuance of certificate |
| 1. Inspection of premises 5,000.00 | 5,000.00 |
| 2. Registration of dealers in fire fighting equipment including truck | 5,000.00 |
| 3. Registration of dealers in fire fighting equipment excluding trucks | 2,000.00 |
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
