L.I.

2249 ' 2
I
Fire Precaution (Premises).{Amendmcnt) R egulations, 2016

L\J exercise of the power conferred on the Minister responsible for the
Interior by section 28(2) of the Ghana National Fire Service Act, 1997
(Act 537), these Regulations are made this 7th day of October, 2016.

Regulation 1 of L. I. 1724 amended

1. The Fire Precaution (Premises) Regulations, 2003 (L. I. 1724)
referred to in these Regulations as the "principal enactment" is amended in
subregulation (1) of regulation 1 by the insertion after paragraph "(a)", of
"(aa) ·private residential accommodation;".
Regulation 2 of L. I. 1724 amended
2. The principal enactment is amended by the substitution for regula-
tion 2, of ;
"Owner or occupier to apply for fire certificate
2. (1) Subject to regulation 3, the owner or occupier
of premises shall not use the premises for the purposes
specified in subregulation (1) of regulation 1, unless the
owner or occupier is in possession of a fire certificate.
(2) A fire certificate is
(a) valid for twelve months from the date of
issue; and
(b) subject to renewal for a fee determined in
accordance with the Fees and Charges
. (Miscellaneous Provisions) Act, 2009
(Act 793).".
Regulation 4 of L. I. 1724 amended
3. The principal enactment is amended in paragrap~h (a) of
sub regulation t1) of regulation 4 by the deletion after "existing premises",
of "shall be" and the insertion of "shall, subject to regulation 22, be" .
Regulation 5 of L. I. l 724 amended
4. The principal enactment is amended in regulation 5
(a) by the substitution for subregulation (1), of
"(l) Subject to regulation 22, the Chief Fire Officer
shall, upon the submission of an application under regu-
lation 4, cause the premises or site to be inspected and the
drawings submitted for review.";
 -··. -- . -
Fire Prl'caurivn (Premises) (Amcndm~nt) Regulations, 2016

(/J) by the substitution for subregulation (2), of

"(2) The drawings shall be reviewed for a fee determined
in accordance with the Fees and Charges (Miscellaneous
Provisions) Act, 2009 (Act 793). "; and
(L) by the insertion after subregulation (3), of -
"(4) A fire certificate issued under subregulation (3) is
subject to a condition that the Chief Fire Officer shall
inspect the
(a) means of escape from the premises to ensure
that it is safe and effective,
(b) fire alarm, and
(c) fire equipment
every six months, for a fee.
(5) The owner or an occupier of a private residential
accommodation who fails to comply with a condition
specified in a fir~ certifi~ate, js liable to pay to the Service,
an admµ:iistrative ,penalty of tJle monetary equivalent of
fifty penalty units ·and for each day of further default, to
an administrative .pettalty of the monetary equivalent of
fifteen penalty units.
(6) A failure _on th~ part of the Chief Fire Officer to
inspect premises in respect of which a fire certificate has
been.issued shall not invalidate the fire certificate issued in
respect of that premises, but may be a ground for disciplinary
action against the officer responsible for conducting the
inspection on behalf of the Chief Fire Officer.".
Regulation 8 of L. I. 1724 amended
5. The principal enactment is amended in subregulation (1) of regu-
11
lation 8 by the insertion of "that is-''. between upremises and "subject"
in the opening paragraph.
f{t~ulation 9 ofL. I. 1724 amended
6. TIH' principal enactment.is amended in regulation 9 by the inser-
t inn after subrcgulation (2), of ·
"(3) Except for the owner or occupier of a privat~
residential accommodation, where a person commits an
oflencc under subregulation (1), the Chief Fire Officer may
revoke the certificate granted to that person in respect of
tht: prcn1ises.".
 11 f L I 1-_,i ammdcd

lh

t u d r

.ind p.!rtl\.:ular f a t1 n ~
r'"""•-1'1 de ect a d
m n ft ubregu an n - f
A te t and e:\;am1nat1 n fa fire a rm d
urr-PP11 JU n .:! sh ll attract a ~'lee fee detemuned .,
rJance "1th the Fee and Charges ?\11 ce la e
Pr·n"ttl ns Act ~ 9 (Act -93 -
Rtga.I~tion 12 of l . I. I i2-l amended
8 . The rnnapaJ enactment tS amen.ded in regulauon 12
w lll the subsnrunon for subregulanon (3 of
3 The Cluef Ft.re Officer shall specif) the follJ\\ .,
mfarman n m the sen ire rag
.. the date of each rest and e.xammanon
the p.Jmculars of each defea fi und on the
e,.-ungutSher and
the date and p.-irnculars of acnon taken t
the defect and
t, the mseru n after subregulan n {3) of
4 A test and ex.immanon of a fire exnngu1 h
5nh•- gu an n l shaU detract a sen tee fee d tenn
0

a roan e " uh the Ft:es and Char es (l\1

Pr \ 1 ns A...""t :! Ll9 (Aet - 93)
Rrpla11on 12A of L. I. I i24 insrrted
9. ......,... p enacnn nt 1 am nded h\ the 1n ert1 n

F1rt st.illon facilitirs

12A. Th Chi Fu .111
u

ta
 5 L.I. 2249

Fire Precaution (Premises) (Amendment) Regulations, 2016

(2) The Chief Fire Officer shall, in making a determinatiun

under subregulation (1), consider the following:
(a) population density of the community;
(b) building intensity;
(c) distance travelling time;
( d) pattern of traffic; and
(e) relative degree of fire hazards. _
. (3) An .estate deyeloper of a gated community shall, as parr
of the amenities for th~ community, niake land in the community
available to the Service for the construction of a standard fire station.
· (4) The estate developer shall, in making land available fclr
the purpose of subregulation (1), ensure that the land is
(a) strategically placed so as to meet the standard
response time to.incident scenes, developed by the
Fire Service Technical Advisory Committee;
(b) lo~ted. _
(i) . along a street that is close to and leading int:o
t
major _(?r .secondary thoroughfare;
(ii) at a.place· where topographic barriers do not
r.equire time-consuming: detours within the
primary service area; and
(iii) in or near..an area of relatively high populati. on
.density or adjacent to a commercial area where
the normal activity on the street is greater th.an
that occurring on a residential access street in
a low-density area; and
(c) at least two plots, to accommodate the facilities of
a fire station including training. sleeping, eating
and recreational facilities for the total number of
personnel housed at the station.
(5) In the case of ~n e~rill_g gated community which h as
not a fire station, th.e estate developer shall provide land or a facility
that can be adapted to satisfy the requirements specified in subregulation
(4). .
 2249 6

Fire Precaution (Premises) (Amendment) Regulations, 2q16

(q) Fo.r ~,he purp~>'se of providing an effective and

efficient fue 6.ghting.~ervice, an estate developer of a gated
community :shall provide a fire hydrant a,t. every two
hundred metres along the m~jot road of the community
from the entrance to that road;:
or
(7) The owners· occupiers. of o~er. premises IIJ~Y
form a conunurlity of ~(leasJ ojie h_~ndred houses for the "
pu~ose.: of,.a1P~¥in&~. .to-·the· Serv~9~ for a standar4 fire
statiQn -de'd1cateq tQ that::commuruty1 . . _ .
.(?) Where.a·cqmmtinity~ fofmed·µgde! sobregulatlo~
I '
('71 that' ¢o~j}fiity ~~y' _apply to th_e~Ch!ef ~rre ~f?:er
1

for the construction of a standard. fire. s_tafion, if tl:1~-cqm-

·munity, can make:land thaJ satisfy th~. requfrem~nts of
1

_subregulatiot'r(4)~7!.V:.~il_aple.to the Service at the expense .o f

_th~ ·t"9jllinuqiriti .
~) The owner:~rtotcupie·t of a~hous~ irt a ga~~d 'com-
munity where.:cl ,fir~ 1.{t.ati9n i~ provided .shall ,pay, an
'<\npual fir._ ¢_.,P.t~Y~~tibn,.~nd-fig~ting ~e~y- de.terin_ip~d ifr
acc~tda~ce 'With-· the: Eees ia~d ~~harges 1(M1stelt~neous
:Provisions) Act,'.2009.·(Ac(79_3)!'. - ·
Regulation 20 of L. l.,i 7-24 amende.d .
10. The-'pn~ci~al enactment is" am~_ d~o in t~·gyt~tion 20
~t
(~) hy :su9~ti~ti?ti f9-rtubreg41ation <3), ~f .
(3) A_person-1s not deem~d to have GOniin1tted an
offence under.,subregula:tion (l}.ifit is proven that
{a) ~Q..e o{f~nc~· was committed without the
co~~n~~~r_co~i~~nce ?~ t~~t .Per$cfq; or
(p). ~at_~~rso1;1 ~?'~r~e4 due ~jlig~ce to ,prevent-
-~eic~~s1~n of_the·offence·having regard
.' _ to all the rucumstances·"· an'd ·
(b) by t~e _d~letion Jn sµbtegul~tion (6) of '\on summar
~onv~ctton to a fin,~ not exceeding, 100 ·penalty units ~
Lmpnsoil!llentr?ratennnot exceeding 6 months or to both''
and .the •~n~~~on of :•to an ~dministrative penal of not
. more .than the !llQnetary equivalent of 100 penaltiunits'.'"
or
Regulation 2~ L. 1. I72A amended .'
11. The p~opa~ en_a ~ent l$ amended in regulation ·21
(a) br the mse~on after the ,definition of "Ch' fF' .. Offi
community" me . ie ire. cer of
II

houses·" .'· ans an area with at least one hundred

I I
·i
 7 L.I. 2249
F'irc Pri c , · /D •
1

c uu wn i£rem,ses) (Amendment) Regulations, 2016

(b) ~y th~ deletion of the definition of "fire inspector" and the

msertion after the de~ition of "fire extinguisher", of
ufire- inspector." means a person so designated, appointed
or authorised by the Chief Fire Officer in writing;
" fire station" means a facility that provides
(fl) fire prevention and fire fighting services;
(b) fµ'e fighting equipment installation services;
(c) nre equipment inspection and maintenance
services; and
(d) fire fighting ·training and fire fighting services; ";
(c) by the ·insertion after the definition of "fire station" of
"gated community,. means.a community that is gated;
(d) by the insertion after !~e.-defirtition of ''premises", of
"private residential ~cconuno.dation,, means residential
accommodatiop Qth~l' than a public resideµ.tial
accommodatio(i; "; .~d
(e) by the substitutio.n-fQf::tl\e~d(finition of "$ervice", of
"Service means the;Gjiana-National Fire Sezvice;" .
11

Regulation 22 of L. I. 1724 ins~d

12. The principal enactm~t is a~ende~ by the insertion after regula-
tion 21 of
"Savings and transitio~al.provisions
22. (I) The Chief Fire Officer shall, within one year
from the date of commencement of these Regul~tions,
issue to the owner Qt occupier of each premises existing
on the date of cotrim~nccment of these Regulations and
·used as a private residential accommodation, a fire alarm
and a fire extinguisher appropriate for that premises,
taking into consideration fire risk at that premises as
assessed by inspectors -of~ ·service.
or
(2) An owner occupier to whom a fire alarm
and fire extinguisher is issued under .subregulation (1)
(a) sha11 -n ot in~r any expense for the supply
and installation of that fire alarm and fire
extinguisher; and
 ,2249

Fire I'rl'ca11rio11 (PremiseJ) (Amendment) Regulal1<ms, 2016

(b)shall be given free training on the func-

tioning of the installed frre alarm and
the use of the installed fire extinguisher,
by the Service.
(3) Despite subregulation (1 ) of regulation 5, the
Chief Fire Officer shall issue to an owner or-occupier to
whom a fire alarm and fire extinguisher is issued under
subregulation (1), a.fire certifi_cate as if an application has
been duly made un~er paragraph (a) of subregulation (I)
of regulation 4.
(4) Th~ ChiefFire Officer shall, in accordance with
these Regulations,. s~rvic~ ~ach fire alarm or fire extin-
guisher installed p-l:lfS.~n·t -to t!Jis regulation.
(5) A fire certificate issued prior to the commence-
ment date of these R.'egu·tations and effective on the
commencement date.of tlte$e Regulations shall, subject to
necessary modific~tions, continue in fotce as ·ff is·sued
under th~se Regulatipns until its expiration or-cancellation.".

Schedule 4 of L. I. 1724 revoked · · · _..

13. The principal~nactment is ~ended 6y:the revocation ofSchedule-4.

!:JON. .PROSPER BANI

Minister responsihlefar the lnten·or

Date: of Gazette notification: 11th October, 2016.

Entry into force: 4th January, 2017.

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