It is anticipated that businesses in Anguilla will comply with a new initiative geared towards fire prevention and safety by 2020. The Fire Service Act, Fire Service Regulations and Fire Precaution Act came into effect in 2013. An important aspect of this legislation is the Anguilla Fire and Rescue Service Certificate of Compliance. It is now a requirement that businesses have a Fire and Rescue Service Certificate of Compliance. The Certificate of Compliance is an official certification that a business will receive to show that they have taken all reasonable precautions and measures as outlined in the Fire Services Act to firstly prevent and/or to ensure safety of life and property in the event of a fire.
FIRE AND RESCUE SERVICE ACT, R.S.A. c. F29, FIRE PRECAUTIONS AND SAFETY REGULATIONS clearly lay out the conditions and settings under which a business or service will be required to hold the Anguilla Fire and Rescue Service Certificate of Compliance. This includes but is not limited to Buildings with multiple occupancy in excess of four apartments, Commercial Complexes, Food facilities, Garages, Hotels and guest houses , Petroleum products dispensing facilities , Petroleum products storage facilities, Places of public entertainment, Places where liquor is sold and consumed on the premises, Restaurants and bars, Sporting complexes, Sleeping rigs, Villa or condominium developed or operated as part of a hotel or condominium hotel project and Warehouses.
Applications for the Certification can be collected from the Fire and Rescue Service and must
(a) be made by the owner or occupier of the public building
(b) be accompanied by the prescribed information and prescribed fee
(c) specify the public building and the regulated purpose to which the certificate of compliance relates
(d) be addressed to the Chief Fire Officer.
Once the application is received, the building will be inspected by an authorized Fire Officer and a decision will be made. The Fire Officer will determine if regulations are being adhered to and if adequate fire safety and fire prevention measures have been taken or are being maintained in respect of that public building.
If the authorized Officer has reasonable cause to believe there are steps that need to be taken before the Certificate of Compliance is issued, the authorized Fire Officer will give a written notice to the applicant specifying the steps required to be taken and the time within which, such steps are to be taken.
If an alteration is to be made to a structure of a building, notice will not be given until the authorizing Officer consults with the Director of Physical Planning.
A more onerous requirement for the maintenance of fire safety installations for a building will never be issued. Fire Safety recommendations will always be in keeping with regulations.
Refusal of a Certificate of Compliance
The authorised Fire Officer can refuse the application by notice in writing given to the applicant if he is not satisfied that the requirements laid out in the Act are met. A refusal can also be made if steps required to be taken by the applicant following a notice given were not taken.
The notice of refusal shall state the grounds of refusal and any steps required to be taken by the applicant before any further application may be considered and determined.
Granting of a Certificate of Compliance
The authorised Fire Officer upon an inspection can issue a Certificate of Compliance authorising the use of a public building for the purpose specified in the application if he is satisfied that the requirements are met, or steps required to be taken by the applicant pursuant to a notice given under section have been taken.
A certificate of compliance—
(a) states specifically or by reference, the type, number and location of fire safety installations, the maintenance of which were required for the issue of the certificate;
(b) sets out the location of every source of water in respect of the public building to which the certificate relates; and
(c) may, subject to the provisions of this Act and regulations, be issued in any convenient form for the use of a public building for one or more regulated purposes or in respect of one or more public buildings.
Unless otherwise provided, a certificate of compliance shall be valid for a period of three years from the date of issue and, subject to the provisions of the Act, may be renewed. It must always be prominently displayed.
The fees for the Certificate of Compliance range from $200 for 0-1499sq ft to $600 for 5000+ sq. ft for the first time the Certificate of Compliance is issued. The annual renewal fees range from $100 to $350.00. The Inland Revenue Department will be responsible for collecting the fees for the Fire and Rescue Department Certificate of Compliance in the new year. The fees for the Certificate of Compliance will be required when businesses renew their business licence.
To ensure all businesses are compliant by 2020, notices of the requirement for the Fire and Rescue Service Certificate of Compliance have been shared through the media. The Fire and Rescue Service will also be directly contacting businesses who will need this certificate. The Department will conduct the inspections of the premises in the last quarter of this year so existing business owners should expect to be contacted/ premises to be visited for inspection.
The Fire and Rescue Department will be celebrating their Fire Prevention week from October 6th-12th, 2019. Therefore, the push to enforce this important legislation is fitting. More businesses are recognizing the importance of being protected, The Department is optimistic that 2020 will be a year when we can say all businesses in Anguilla have fire safety and prevention methods in place. The Department looks forward to raising further awareness about all ongoing initiatives including the Certificate of Compliance during its Fire Prevention Week.
For any questions or concerns, please contact the Anguilla Fire and Rescue Service Fire Prevention Unit between the hours of 8am-4pm on 1264-498-3344 (FSO C. LAKE, LFF O. BOURNE FF R. RICHARDSON).
– Press Release
