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Fire Protection Officers. Fire Protection Officers. The FPO is the chief executive officer of the FPA and if registered, has a number of important powers and duties under the Act
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Fire Protection Officers • The FPO is the chief executive officer of the FPA and if registered, has a number of important powers and duties under the Act • Where a municipality is a member of the FPA, the chief fire officer must be appointed as FPO if she or he is willing (according to the Amendment Act). • This is because the Constitution, for good reason, assigns fire services to the local government sphere. • Where the chief fire officer is not willing, the FPA must appoint a FPO. • If the FPA includes more than one municipality, the FPO must be appointed from among the willing CFOs.
Duties of registered FPO (1) • Duties of FPO under section 6(1): • perform role of CEO of FPA • carry out tasks assigned to him or her by FPA • take control of fire fighting in FPA’s area where veldfire threatens life or property and if able to do so • enforce rules of FPA • monitor and report to Minister on compliance with Act • train FPA members on laws, rules of FPA and fighting and preventing veldfires • inspect members’ land to ensure they are complying with their duties under the Act and the rules of the FPA.
Duties of registered FPO (2) • Duties of FPO under s18: Fire fighting • May take control of fire fighting for FPA’s area if: • veldfire is a threat to life and property and • s/he is reasonably able to do so • When a fire spreads across a boundary of a FPA, must • inform the FPO of that area • co-ordinate fire fighting efforts with that FPA
Duties of registered FPO (3) • Under Chapter 8 of the Act, the FPO has powers of • Entry and search on any land or premises where s/he believes an offence has been or is being committed • Seizure of any vehicle, tool, weapon, animal or other thing • Arrest of any person reasonably suspected of having committed 1st or 2nd category offence, or 3rd category offence if s/he believe will fail to appear in answer to a summons
Delegations of powers and duties (1) • An FPO may delegate any power or duty except: • the power to search • the power to seize • the power to arrest • Delegation means that the FPO authorises someone else to exercise his/her powers or carry out his/her duties instead of him/herself. • The FPO retains the ability to take those powers and duties back.
Delegations of powers and duties (2) • Sometimes the FPO will delegate various powers and duties in writing eg the power to inspect members’ land • At other times the delegation may be oral eg when fighting a fire, the FPO may delegate someone else to inform the neighbouring FPA that the fire has crossed the boundary.
Term of office of FPO • The term of office is for as long as the FPA is satisfied with the FPO’s performance. • But if the FPO is the CFO, then the term of office continues for as long as the CFO holds that position. • If FPO has stopped performing his or her duties or there is a vacancy in the office of FPO, then FPA Executive Comm must call a special general meeting within 14 days to appoint a new FPO, unless the vacancy arises within 60 days of AGM in which case the FPO will be appointed there.
Registration of a FPO • To have powers under the Act, the FPO must be registered by the DG. • The FPO applies in the appropriate part of Form 2. • The DG must register the FPO if she or he is satisfied that s/he can enforce the Act in a responsible manner.
Guidelines for DG to determine if FPO is able and responsible • DG may look at: • CV or testimony of referees or both to confirm that FPO has or will within a reasonable time have: • knowledge of veldfire conditions, behaviour and control within FPA’s area • adequate skills and experience in management and fighting of veldfires • certified qualifications appropriate to the level of veldfire risk in the FPA’s area • previous experience in managing firefighting resources appropriate to the needs of FPA • experience in technologies of veldfire management appropriate to level of risk in FPA’s area • proven co-ordination, command and control skills • proven facilitation and negotiation skills
Guidelines for DG to determine if FPO is able and responsible • any objections to the appointment • level of support from Umbrella FPA or other sources • any other relevant information
Potential to achieve competence • If FPO proposed by FPA does not meet all these requirements, then he/she should demonstrate the potential to achieve the desired competence within a reasonable time. • Where the FPA cannot appoint FPO, the Director-General of DWAF can appoint an “officer or employee of the Department” as FPO for a fixed period, which may be extended.
Registration of a Fire Protection Officer • When the DG has decided that the FPO qualifies for registration DWAF must: • enter the FPO’s details into a register of FPOs • issue a registration certificate and number. • The DG also has the power to deregister a FPO.