2(1)The Lieutenant-Governor in Council may appoint a fire marshal for the proper carrying out of the provisions of this Act and the regulations and such other duties as may be assigned to the fire marshal by the Minister.

2(2)Subject to subsection (3), with the approval of the Minister, the fire marshal may appoint a deputy fire marshal and such fire investigators and fire prevention officers as the fire marshal considers necessary to assist the fire marshal in the proper carrying out of the provisions of this Act and the regulations.

2(3)The fire marshal shall not appoint a person as a fire investigator under subsection (2) unless that person

2(4)Notwithstanding subsection (3), the fire marshal may under subsection (2) appoint as a fire investigator any person with relevant expertise where, in the opinion of the fire marshal, it is necessary to do so.

4(1)The fire marshal shall have full power and authority to enforce all laws of the Province and all by-laws and regulations made thereunder relative to the suppression and prevention of fires, the safeguarding of people and property in the event of fire, and non-fire related rescue by members of a fire department or a fire brigade.

4(2)The fire marshal

4(3)The fire marshal may render advice and make recommendations respecting the suppression and prevention of fires, and without limiting the generality of the foregoing, respecting

4(3.1)The fire marshal may render advice and make recommendations respecting non-fire related rescue activities, and without limiting the generality of the foregoing, respecting

4(4)The fire marshal shall determine the content of training programs for firefighters in firefighting, fire prevention and non-fire related rescue.

4(4.1)The fire marshal may authorize persons to act on the fire marshal’s behalf throughout the Province or for any district in the Province in respect of any or all of the fire marshal’s powers and duties under this Act and the regulations as specified in the authorization.

4(5)Nothing herein contained affects the obligation or duty of any person to comply with, carry out or enforce any law of the Province or any by-law, regulation or ordinance made thereunder.

6(1)The fire marshal may appoint the chief of a fire department or other member of a fire department as a local assistant to assist the fire marshal in carrying out the provisions of this Part within the territorial jurisdiction of the appointment.

6(2)The fire marshal may appoint any person as a local assistant for any district in the Province.

6(4)Local assistants are, in the performance of their functions under this Act and the regulations, subject to the directions of the fire marshal.

7(1)A local assistant referred to in subsection 6(1) shall investigate, or cause to be investigated under subsection (2), the cause, origin and circumstances of every fire or explosion occurring within the territorial jurisdiction of the local assistant and by which property has been destroyed or damaged to ascertain in each case whether the fire or explosion was the result of negligence, carelessness, accident or design.

7(2)A local assistant referred to in subsection 6(2) shall, when directed to do so by the fire marshal or a local assistant referred to in subsection 6(1), investigate the cause, origin and circumstances of a fire or explosion occurring within the district for which the local assistant is appointed and by which property has been destroyed or damaged to ascertain whether the fire or explosion was the result of negligence, carelessness, accident or design.

7(3)When a local assistant has carried out an investigation under subsection (1) or (2), the local assistant shall within six days after the occurrence of the fire or explosion, unless otherwise directed by the fire marshal, submit a report to the fire marshal, on the form provided by the fire marshal, as to the cause, origin and circumstances of the fire or explosion and such other information as may be required by the fire marshal.

7(4)The fire marshal, the deputy fire marshal, a fire investigator or a local assistant may at all times, by day or night, enter in and upon and examine a building or premises where a fire or explosion has occurred, and other buildings or premises adjoining or in reasonable proximity to the same, for the purposes of an investigation under this Act or the regulations.

7(5)On the request of the owner or person in charge of a building or premises referred to in subsection (4), the fire marshal, deputy fire marshal, fire investigator or local assistant shall, before entering the building or premises, present to that person a certificate or other means of identification issued

7(6)The fire marshal, deputy fire marshal, fire investigator or local assistant may

7(7)The fire marshal, deputy fire marshal, fire investigator or local assistant shall, on completion of the investigation, return to the person entitled to it any thing removed from a building or premises under paragraph (6)(c) unless

7(8)No person shall tamper with or remove any item found at a location where a fire or explosion has occurred unless that person has been specifically authorized to do so by the fire marshal, the deputy fire marshal, a fire investigator or a local assistant.

7(9)If the fire marshal considers it appropriate, the fire marshal may make an investigation under this section in addition to or instead of the investigation made by a local assistant.

7.1(1)The chief of a fire department shall report to the fire marshal on the form provided by the fire marshal every call within his or her territorial jurisdiction to which the fire department responded no later than fourteen days after receiving the call.

7.1(2)Notwithstanding subsection (1), the chief of a fire department shall inform the fire marshal of any fire or explosion within his or her territorial jurisdiction that involves serious injury or death no later than twenty-four hours after the fire or explosion.

8(1)Every insurer licensed to transact fire insurance in the Province shall furnish to the fire marshal, on forms provided for the purpose, a statement respecting every fire that occurs in the Province in which it is interested as an insurer, stating in each case the name and address of the owner and occupier of the premises in which the fire occurred, the name and address of each person insured by such insurer in respect of any property destroyed or damaged, the location of the premises, the use and occupancy, the date of the fire, the value of the building and contents, the amount of insurance carried, the amount of loss sustained, the probable cause of the fire, the name and address of the person adjusting the claim, and such other information as the fire marshal may require.

8(2)Every person sustaining, or claiming to have sustained a loss by fire on property in the Province insured wholly or partially with an insurer not licensed under the provisions of the Insurance Act, shall report to the fire marshal the date of the fire, the names and addresses of the owner and occupier of the premises in which the fire occurred, the location and use and occupancy of the premises, date of the fire, particulars of the insurance and such other information as the fire marshal may require.

8(3)A report required to be made under the provisions of subsections (1) and (2) shall be mailed or delivered to the fire marshal within ten days after the occurrence of the fire.

8(4)A person sustaining a loss by fire on property in the Province shall upon the written or oral request of the fire marshal, furnish to him, within seven days after the receipt of such request, a report containing such information as he may require.

8(5)Every person adjusting a claim against an insurer in respect of a loss by fire to property in the Province, whether the insurer is licensed under the provisions of the Insurance Act or not and whether such person represents the insurer or the insured, shall within three days after the completion of the adjustment forward a report in writing to the fire marshal stating the date of the fire, the names and addresses of the owner and occupier of the premises in which the fire occurred, the location of the premises, the name and address of the insured and each insurer, the value of the property insured, the amount of insurance placed with each insurer, the amount of loss that each insurer is to bear and such other particulars as the fire marshal may require.

9(1)The fire marshal, or any person so directed by the Minister, may hold an inquiry into the cause, origin and circumstances of any fire.

9(2)A person so directed to hold an inquiry shall as soon as practicable after the completion of the inquiry send a report thereof to the fire marshal, stating in particular his opinion as to the cause and origin of the fire and whether it appears to have been of incendiary origin, and shall transmit therewith the evidence taken by him at such inquiry.

9(3)For the purpose of an inquiry under this section the fire marshal or person so directed to hold an inquiry shall have all the powers and privileges conferred on commissioners appointed under the Inquiries Act, and all provisions of that Act, when applicable to and not inconsistent with this Act, shall apply to an inquiry held under this section.

9(4)Any inquiry held under this section may, in the discretion of the fire marshal or other person holding the inquiry, be private and persons other than those required to be present under the provisions of this Part, may be excluded from the place where the investigation is held.

12(1)When the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant finds a building or other structure that, for want of proper repair or by reason of age and dilapidated condition or for any cause, is especially liable to fire, or that is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein or that exits from the building or buildings are inadequate or improperly used, or that there are in or upon any building or premises, combustible or explosive material or conditions dangerous to the safety of persons, buildings or premises, he may order the owner or occupant to

12(2)Where, in the opinion of the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant, any electrical installation, apparatus or equipment in or upon any building or premises is in a condition to be especially likely to cause fire and to be dangerous to the safety of persons or property, he may in writing order any person or organization supplying electrical energy to discontinue supplying electrical energy to such building or premises until the condition of the electrical installation, apparatus or equipment is remedied.

12(3)Upon receipt of such order, the person or organization supplying electrical energy to the building or premises named in the order shall forthwith discontinue supplying electrical energy to the building or premises until the order is rescinded by the fire prevention officer or the local assistant who made it, or by the fire marshal or the deputy fire marshal.

12(4)Where any appliance, apparatus or place in or upon any building or premises is used or intended to be used for supplying fire or heat and, in the opinion of the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant, the use of the appliance, apparatus or place for that purpose is likely to be dangerous to persons or property, he may order in writing that no fire be lighted or maintained in the appliance, apparatus or place until the dangerous conditions have been remedied.

12(5)Upon receipt of such an order, the owner or occupant of the building or premises in which the appliance, apparatus or place is situated or contained, or the person in charge or control of the appliance or apparatus named in the order, shall not light or maintain a fire in the appliance, apparatus or place named in the order until the order is rescinded by the fire prevention officer or the local assistant who made it, or by the fire marshal or the deputy fire marshal.

12(6)Every tenant of a building in respect of which an order is made under this section shall at all reasonable times permit the owner of the building, by himself, his servants, agents, workmen and employees to enter and re-enter that part of the building and premises of which he is tenant for the purpose of making the alterations and repairs therein and doing such other things as the owner is required to do by the order.

12.1(1)Where an order is made under paragraph 12(1)(a) to remove or demolish a building, such order may be registered in the registry office for the county in which the lands affected by the order are situated, and upon such registration the order

12.1(2)Where an order is to be registered under subsection (1), it shall contain a full description of the property affected by the order.

12.1(3)A copy of such order, certified by the registrar of deeds, shall be given by the fire marshal or the deputy fire marshal, or the fire prevention officer or the local assistant who made the order, to each person having a registered interest in the property.

12.1(4)Where a copy of an order is required to be given to any person under subsection (3), the copy may be given

12.1(5)Where a copy is given by registered or certified mail, it is deemed to have been received by the person within ten days of the mailing thereof.

12.1(6)Notice under this Act is not irregular, incomplete or otherwise invalid by reason of any defect in the form of such notice or by reason of the non-receipt of a notice under subsection (4) by any person.

12.1(7)Where an order registered according to subsection (1) has been complied with, in the opinion of the fire marshal or the deputy fire marshal, or the fire prevention officer or the local assistant who made the order, the order shall be discharged by the fire marshal or the deputy fire marshal, or the fire prevention officer or the local assistant who made the order, by the registration of a discharge order in the Registry Office where the order is registered.

12.1(8)An order referred to in paragraph 12(1)(a) or a discharge order under subsection (7) shall be received and registered by the Registrar without acknowledgement or proof of the signature or official position of the person making the order.

13(1)An order made under subsection 12(1) may require that the building or structure be repaired or altered or that the installation be made in accordance with a regulation respecting building standards or fire prevention standards specified in the order.

13(2)A certificate, signed or purporting to be signed by the fire marshal, that a document attached thereto is a regulation respecting building standards or fire prevention standards, is admissible in evidence, and, in the absence of evidence to the contrary, is conclusive proof of the content of such regulation, without evidence of the appointment or signature of the fire marshal.

13(3)An order made under section 12 shall be served on the person named in the order by the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant

13(4)Where an order is served on a person by registered or certified mail under paragraph (3)(b), it is deemed to have been received by the person within ten days of the mailing thereof.

14(1)If the owner or occupant deems himself aggrieved by any order made by a person other than the fire marshal, then, if the order is to remove combustible or explosive material or to correct a flammable condition, he may within forty-eight hours appeal therefrom to the fire marshal, who shall forthwith investigate or cause to be investigated the cause of complaint, and cause a copy of his decision to be served upon the party appealing.

14(2)If the order is not revoked by the fire marshal, such order, whether as originally given or as modified or altered by him, shall be final and shall be complied with by the owner or occupant forthwith.

16(1)Where, in any place of assembly or in any building or premises used as sleeping accommodations or as a restaurant, there is, in the opinion of the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant, a fire hazard dangerous to the safety of persons, he may order that the public be not admitted thereto until the fire hazard has been remedied to his satisfaction.

16(2)Where, in any place of assembly or in any building or premises used as sleeping accommodations or as a restaurant, there is, in the opinion of the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant, danger to the safety of the public by reason of the inadequacy of exits, or the presence of flammable material or any other reason, he may order that the number of persons to be permitted to be in or upon the place of assembly, building or premises at any one time shall not exceed a number stated in the order.

16(3)When, in the opinion of the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant, the smoking of pipes, cigars or cigarettes in a place of assembly or in a building or structure containing a place of assembly constitutes a fire hazard dangerous to the safety of persons, he may order that smoking shall not be permitted in the place of assembly or in the building or structure containing it, or shall only be permitted in such rooms or portions of the place of assembly, building or structure as are designated in the order.

16(4)Upon an order being made under subsection (3) by the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant, the proprietor or manager of the place of assembly or building or structure containing the place of assembly shall within one week post notices in conspicuous places in the place of assembly or building or structure containing the words “No Smoking, By Order of the Fire Marshal” and thereafter no person shall smoke in such place of assembly, or building or structure containing it, except in such rooms or portions as shall have been so designated in the order.

16(5)An order made under this section shall be in writing and shall be served by delivering a copy thereof to the proprietor or manager of the place of assembly or the building or premises used as sleeping accommodations or as a restaurant, referred to in the order, or, if the proprietor or manager cannot be found, by posting a copy thereof in a conspicuous place thereupon or therein.

16(6)A proprietor of a place of assembly, sleeping accommodations or a restaurant or an owner of a building or premises in which a place of assembly, sleeping accommodations or a restaurant is situate who considers himself aggrieved by an order made under this section may appeal,

18(1)No person shall construct any place of assembly or sleeping accommodations, or convert any building or part thereof into a place of assembly or sleeping accommodations, or make structural alterations to any building or part thereof, to be used as a place of assembly or sleeping accommodations, unless he has filed with the fire marshal before the commencement of the construction, conversion or alteration a plan in accordance with subsection (2).

18(2)The plan shall

18(3)Where the fire marshal has reviewed plans or specifications and has directed changes therein, such changes shall be effected, and no other changes shall be made in the plans or specifications without the prior consent of the fire marshal.

18(4)This section does not apply in relation to an apartment house having a capacity of ten or fewer persons.

19(1)No person shall construct, establish, modify or enlarge a petroleum products facility or convert any existing building or premises into a petroleum products facility if the amounts of flammable liquids proposed to be stored in the petroleum products facility exceed three thousand litres or if the amounts of combustible liquids proposed to be stored in the petroleum products facility exceed ten thousand litres until such person has filed with the fire marshal a copy of the plans and specifications of the petroleum products facility.

19(2)Such plans and specifications shall show the number of storage tanks, the capacity of each in litres, the types and quantities of each petroleum product proposed to be stored, the location of the plant in relation to other buildings or properties, the diking, fencing, fire and explosion safety features and other safety features as required by the fire marshal.

19(3)Where the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant finds gasoline, oil, liquified petroleum gas or other petroleum products stored at a petroleum products facility that

19(4)Where the owner or operator of a petroleum products facility considers himself aggrieved by an order made under subsection (3) by the deputy fire marshal, a fire prevention officer or a local assistant, he may appeal within five days after service upon him of a copy of the order to the fire marshal who shall forthwith investigate or cause to be investigated the cause of the complaint and cause a copy of his decision to be served upon the party appealing.

20(1)If a person affected is dissatisfied with an order or decision of the fire marshal made under section 12, 14, 15, 16 or 19 he may, within five days after service upon him of a copy of the order or decision, apply by petition to a judge of The Court of King’s Bench of New Brunswick sitting in the judicial district within which the property lies to review the order or decision.

20(2)The person appealing shall file the petition with the clerk of the Court and shall, within five days of the filing, or within such extended time as the judge may allow, file with the clerk a bond in an amount to be fixed by the judge, in no case to be less than fifty dollars, with at least two sufficient sureties, approved by the judge, conditioned to pay all of the costs on the appeal in case he fails to sustain the same, and such costs as may be awarded against him, or shall deposit with the said clerk an amount to be fixed by the judge, in no case to be less than fifty dollars, as the judge shall deem sufficient to cover the costs of the appeal.

20(3)An order made by a judge under this section may be enforced in the same manner as an order of The Court of King’s Bench of New Brunswick.

21(1)Where the owner of a building or premises in respect of which an order is made is absent from the Province or cannot be found within the Province

21(2)The fire marshal shall certify the expenses actually and necessarily incurred in carrying out the order and deliver the certificate to the treasurer of the local government in which the building or premises is situate and the treasurer shall pay the amount so certified to the fire marshal from the general operating revenue of the local government.

22(1)For the purpose of contributing towards the cost of the maintenance of the office of the fire marshal every insurer, whether upon the stock or mutual plan, transacting the business of fire insurance within the Province, shall pay to the Minister of Finance and Treasury Board annually in addition to other taxes and fees required by law to be paid by such insurer, such sum as shall from time to time be determined by the Lieutenant-Governor in Council not exceeding one per cent of its premiums, receipts and assessments, less return premiums and cancellations, computed on the business as reported to the Minister of Finance and Treasury Board during the preceding year, including premiums, or part premiums, covering fire risks on automobiles.

22(2)In the case of a provincial mutual insurance company, incorporated under the provisions of Part II of the Companies Act, the assessment provided for by subsection (1) shall be computed on the cash payments and assessments received by the company for premiums, less return premiums and cancellations, and no such company shall be assessed under subsection (1) in respect of premiums or assessments received by the company during the first three years following the date on which the company was first licensed to transact the business of insurance in the Province.

22(3)Every person effecting, entering into or renewing a contract of fire insurance on or in respect of property in the Province with any insurer not licensed under the Insurance Act, shall pay a tax to the Minister of Finance and Treasury Board calculated on the amount of the premiums or assessments, less the amount of any return premium or cancellation, which that person has paid or is liable to pay in respect of the contract, including premiums, or part premiums, covering fire risks only on automobiles, which tax shall be at the same rate as is imposed on licensed insurers by subsection (1).

22(4)The money received under subsections (1) and (3) shall be deposited in the Consolidated Fund.

24(1)An owner or occupant of buildings or premises who fails to comply with an order of the fire marshal, the deputy fire marshal, a fire prevention officer or a local assistant, duly made under the authority of this Part, commits an offence.

24(2)Where a person is convicted of an offence under subsection (1), the court, in addition to any penalty imposed under subsection (1), shall order that person to comply with the order.

24(3)A person who fails to comply with an order of the Court under subsection (2) commits an offence.

24(4)Where an offence under subsection (3) continues for more than one day,

25(1)Whenever the public are in a place of assembly, all exits therefrom apparently for the use of the public in case of fire shall be unlocked with respect to opening from the inside and unobstructed.

25(2)Any person in charge or control of the place of assembly, either in his own right or as servant or agent of another, who fails to ensure that subsection (1) is complied with, commits an offence.

25.1(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

25.1(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

26(1)All penalties collected under the provisions of this Part shall be paid to the Minister of Finance and Treasury Board.

26(2)Any money penalty received by the Minister of Finance and Treasury Board under subsection (1) as a result of an information or complaint laid by an officer appointed by a local government for an offence committed in that local government is to be remitted to that local government.

29(1)No person shall sell or offer for sale any extinguisher at a place other than an established wholesale or retail store unless he is the holder of a valid subsisting licence issued under authority of this section.

29(2)The fire marshal may issue licences to persons to sell fire extinguishers as provided by the regulations.

29(3)All fees received under this section shall be paid into and form part of the Consolidated Fund.

30(1)The Lieutenant-Governor in Council may make regulations

30(2)A regulation made under this section may differ in its application in different localities or with reference to different classes of buildings or to different conditions.