Acting Captain's Class - Fire Protection and Prevention Act

Question 1

Definition: Fire Chief

Answer 1

a fire chief appointed under subsection 6(1), (2) or (4)

Question 2

Definition: Firefighter

Answer 2

a person regularly employed on a salaried basis in a fire department and assigned to fire protection services and includes technicians but does not include a volunteer firefighter

Question 3

Definition: volunteer firefighter

Answer 3

a firefighter who provides fire protection services either voluntarily or for a nominal consideration , honorarium, training or activity allowance.

Question 4

Delegation Powers of Fire Chief

Answer 4

Sect 6(6) a fire chief may delegate his or her powers or duties under section 14, 19, 20 and such other powers and duties as may be prescribed to any firefighter or class of firefighters, subject to such limitations, restriction s or conditions as may be prescribed or set out in the delegation.

Question 5

Who are the assistants to the Fire Marshal?

Answer 5

-the fire chief of every fire department
- the clerk of every municipality that does not have a fire department
- any member of a fire prevention bureau established by a municipality
every person designated by the fire marshal as an assistant to the fire marshal

Question 6

Definition: Duty to report

Answer 6

Section 11(2) the assistants to the fire marshal shall report to the Fire Marshal all fires and other matters related to fire protection services as may be specified by the Fire Marshal

Question 7

Rights of entry: Powers upon entry

Answer 7

Sections 14(2)
Upon entering a land or premises under subsection
(1) the fire marshal or fire chief may:
(a)

Question 8

Rights of entry: Powers upon entry

Answer 8

Sections 14(2)
Upon entering a land or premises under subsection
(1) the fire marshal or fire chief may:
(a) close and prevent entry to the land or premises for the length of time necessary to complete the examination of the land or premises
(b) in the case of entry under clause (1)(a), remove from the land or premises, retain and examine any article, material and take such samples or photographs, make videotapes and other images electronic or otherwise that in his or her opinion may be of assistance in determining the cause of the fire under investigation.
(c) make suck excavations on the land or premises as he or she considers necessary;
(d) require that any machinery, equipment or device be operated, used or set in motion under specific conditions; and,
(e) make any reasonable inquiry of any person orally or in writing

Question 9

Definition: Fire Inspector

Answer 9

Section 19(1) The Fire Marshal, an assistant to the fire marshal or a fire chief is an inspector for the purpose of this part

Question 10

Protection from personal liability

Answer 10

Section 74(1) No action or other proceeding for damages shall be instituted against a firefighter, a fire co-ordinator, a community fire safety officer, a member or employee of the Fire safety commission, an assistant to the fire marshal

Question 11

what is Due Diligence?

Answer 11

• a matter of taking the appropriate care and attention in complying with legal and moral responsibilities
• Actions that are reasonable in the circumstances, which would be expected from a reasonable person
• Taking responsibility for your actions, making your own decisions and being able to explain logically why you took the actions resulting from that decision
• it is impossible to act reasonably without a sound understanding of what is legally required by the rules governing the industry you work in.