Fire Brigades Act , 1940

1 Definitions.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expressions “sanitary authority” and “sanitary district” have respectively the same meanings as they have in the Public Health Acts, 1878 to 1931;

the expression “fire brigade authority”means a sanitary authority which has established and is maintaining a fire brigade;

the expression “fire brigade” means an organised body of men trained and equipped for extinguishing fires occurring in buildings and other places and for rescuing persons and property from such fires, and includes (unless the context otherwise requires) the vehicles, pumps, hoses, ladders and other implements and equipment with which such body of men is provided for the purposes of their duties in relation to fires;

the expression “potentially dangerous building” means a building, structure, or erection (whether permanent or temporary) of any kind or of any materials which would, in the event of a fire occurring therein, constitute a peculiarly serious danger to life by reason of—

(i) the fact that large numbers of persons habitually resort thereto or are accommodated therein, or

(ii) the absence of any or any adequate appliances or fittings for extinguishing fires occurring therein or for enabling the occupants thereof to escape therefrom on the occurrence of a fire, or

(iii) the inflammable nature of the materials of which it is made, or

(iv) the fact that articles of an inflammable nature are habitually kept therein, or

(v) the absence of adequate means of exit therefrom, or

(vi) any similar cause.

(2) In this Act references to extinguishing a fire shall be construed as including preventing a fire from spreading.

2 Obligations and powers of sanitary authorities.

2.—(1) Every sanitary authority shall make reasonable provision for the prompt and efficient extinguishing of fires occurring in buildings and other places of all kinds in their sanitary district and for the protection and rescue of persons and property from injury by any such fire.

(2) A sanitary authority may, for the purpose of making such reasonable provision as is mentioned in the foregoing sub-section of this section, establish and maintain a fire brigade and, for the purposes of such fire brigade, do all or any of the following things, that is to say:—

(a) provide premises for the housing of such fire brigade;

(b) make such provision in respect of the public water supply in such sanitary district as will ensure that a sufficient supply of water is available for and accessible to such fire brigade;

(c) establish and maintain in the public streets and in other places fire alarms by means of which such fire brigade can be summoned.

(3) A sanitary authority may, in lieu of or in addition to establishing and maintaining a fire brigade under the next preceding sub-section of this section, do with the sanction of the Minister either or both of the following things, that is to say:—

(a) make an agreement with any fire brigade authority whereby the fire brigade of such fire brigade authority will be available and will give their services in relation to fires occurring in the sanitary district, or any particular portion of the sanitary district, of such sanitary authority as fully as if such sanitary district, or such portion thereof, were part of the sanitary district of such fire brigade authority;

(b) make an agreement with any person (other than a fire brigade authority) who maintains a fire brigade whereby such fire brigade will be available and will give their services in relation to fires occurring in the sanitary district, or any particular portion of the sanitary district, of such sanitary authority.

(4) A sanitary authority shall, in the performance of the obligations imposed and the exercise of the powers conferred on them by this section, have regard (in addition to all other relevant considerations) to the probable frequency and extent of fires in their sanitary district, the character of such district, the value of the property likely to be damaged by such fires, and the financial resources of such sanitary authority.

3 Agreements between sanitary authorities for fire brigade services.

3.—(1) Whenever the Minister is satisfied, on the application of a sanitary authority, that such sanitary authority has endeavoured to make an agreement under the next preceding section with a particular fire brigade authority and is also satisfied, after consultation with such fire brigade authority, that it is reasonable, having regard to all the circumstances of the case, that such sanitary authority and such fire brigade authority should enter into an agreement under the said section, the following provisions shall have effect, that is to say:—

(a) the Minister may by order require such sanitary authority and such fire brigade authority to enter, within a specified time, into an agreement under the said section;

(b) every order made under this sub-section shall specify such and so many of the terms and provisions to be contained in the agreement made in pursuance thereof as the Minister shall think proper so to specify;

(c) when an order has been made under this sub-section, the sanitary authority and the fire brigade authority to which such order applies shall, within the time specified in that behalf in such order, enter into an agreement under the said section containing the terms and provisions required by such order and containing such (if any) other terms and provisions (not inconsistent with the said terms and provisions so required) as may be agreed upon by such sanitary authority and such fire brigade authority;

(d) every doubt, question, or dispute which shall arise between such sanitary authority and such fire brigade authority as to the terms and provisions to be contained (whether in pursuance of such order or by agreement between the parties) in such agreement shall be determined by the Minister and such determination by the Minister shall be binding on and shall be complied with by such sanitary authority and such fire brigade authority.

(2) The following provisions shall apply and have effect in relation to agreements made under the next preceding section or this section by a sanitary authority for the availability of a fire brigade maintained by a fire brigade authority or other person, that is to say:—

(a) any such agreement may contain such relevant provisions (including provisions as to payment by such sanitary authority for the services of such fire brigade) as may be agreed upon between such sanitary authority and such fire brigade authority or other person;

(b) where any such agreement has been made, it shall be lawful for such sanitary authority to carry out such agreement and, in particular, to pay moneys payable by such sanitary authority under such agreement;

(c) where any such agreement has been made with a fire brigade authority, it shall be lawful for such fire brigade authority to carry out such agreement and, in particular, to receive moneys payable to such fire brigade authority under such agreement;

(d) where any such agreement has been made (whether with a fire brigade authority or with any other person), such sanitary authority may make such provision in respect of the public water supply in their sanitary district as will ensure that a sufficient supply of water is available for and accessible to the fire brigade to which such agreement relates when rendering services in pursuance of such agreement, and may establish and maintain in the public streets and other places fire alarms whereby such fire brigade may be summoned.

4 Fire brigades acting outside their district.

4.—(1) A fire brigade authority may authorise the officer having command of their fire brigade, to send such fire brigade to fires occurring outside the sanitary district of such fire brigade authority and may in such authorisation specify the circumstances in which and the conditions (including conditions as to distance) under which such fire brigade is so to be sent outside such district.

(2) Where a fire brigade is sent under this section to and renders services in relation to a fire outside the sanitary district of the fire brigade authority by which such fire brigade is maintained, a fee calculated in accordance with the scale prepared under the next following sub-section of this section and for the time being in force, shall be paid on demand to such fire brigade authority by—

(a) the occupier of the land, buildings, or other property in which such fire occurred if, but only if, such occupier or his servant or agent, before such fire brigade was sent to such fire, requested or consented to the sending thereof, or

(b) in any other case, the sanitary authority of the sanitary district in which such fire occurred.

(3) Every fire brigade authority which authorises under this section the officer having command of their fire brigade to send such fire brigade to fires occurring outside their district shall prepare a scale of fees to be charged and paid for services rendered by such fire brigade in relation to such fires.

(4) Where an agreement made under this Act is in force between a fire brigade authority and a sanitary authority for the use of the fire brigade of such fire brigade authority in the sanitary district or a part of the sanitary district of such sanitary authority, such sanitary district or such part thereof (as the case may be) shall be deemed for the purposes of this section to be in the sanitary district of such fire brigade authority.

5 Failure of sanitary authority to comply with this Act.

5.—(1) Whenever the Minister receives a complaint in writing alleging that the sanitary authority of a sanitary district has failed to make reasonable provision in accordance with this Act for the prompt and efficient extinguishment of fires occurring in such district and for the protection and rescue of persons and property from injury by such fires, the following provisions shall have effect, that is to say:—

(a) the Minister may, if he so thinks proper, cause an inquiry to be held in respect of the failure alleged in such complaint;

(b) if, after such inquiry, the Minister is satisfied that such sanitary authority is guilty of the failure so alleged, the Minister may by order require such sanitary authority, within the time specified in that behalf in such order, to do such things and to take such steps within the statutory powers (including powers conferred by this Act) of such sanitary authority for remedying such failure as the Minister shall consider to be reasonable in the circumstances and shall specify in such order;

(c) if the Minister makes such order as is authorised by the next preceding paragraph of this sub-section, it shall be the duty of such sanitary authority to comply in all respects with such order;

(d) Sections 209, 210, 212, and 213 of the Public Health (Ireland) Act, 1878, shall apply to inquiries held under this section.

(2) No action or other proceeding shall lie or be maintainable against a sanitary authority for the recovery of damages in respect of injury to persons or property alleged to have been caused or contributed to by the failure of such sanitary authority to comply with this Act or by the failure of such sanitary authority to exercise all or any of the powers conferred by this Act.

6 Control of operations at a fire.

6.—(1) Where one or more fire brigades are present at a fire which has broken out in the sanitary district of a sanitary authority, sole charge and control of all operations for extinguishing such fire shall be vested in the officer specified in whichever of the following paragraphs is applicable, that is to say:—

(a) if the sanitary authority has established a fire brigade and that fire brigade is present at such fire—the officer thereof who is for the time being in charge of that fire brigade at such fire;

(b) if the sanitary authority has not established a fire brigade but has made under this Act an agreement with a fire brigade authority for the use of their fire brigade and that fire brigade is present at the fire—the officer of that brigade who is for the time being in charge thereof at such fire;

(c) if neither of the foregoing paragraphs of this sub-section is applicable—the officer of the fire brigade of a fire brigade authority which first arrives at the fire who is for the time being in charge of that fire brigade at such fire.

(2) Whenever and so long as no fire brigade of a fire brigade authority is present at a fire, the senior member of the Gárda Síochána present at the fire shall have sole charge and control of all operations for extinguishing such fire.

(3) In this Act, the expression “the person in control”, when used in relation to any fire, means the person in whom is vested, by virtue of this section, the sole charge and control of all operations for extinguishing such fire.

7 Fire precautions notices.

7.—(1) In this section—

the word “proprietor” includes the successor in title of a proprietor, and

the word “building” means a building, structure, or erection (whether permanent or temporary) of any kind or of any materials, and,

where different persons are the proprietors of different parts of a building, each such part of such building shall, for the purposes of this section, be deemed to be a building and the proprietor thereof shall be deemed to be the proprietor of a building.

(2) A sanitary authority may serve on the proprietor of any building which appears to such sanitary authority to be a potentially dangerous building a notice (in this Act referred to as a fire precautions notice) requiring him either—

(a) to refrain absolutely from using such building, or a specified part of such building, for the purpose or any of the purposes specified in such notice, or

(b) to refrain from using such building, or a specified part of such building, for the purpose or any of the purposes specified in such notice unless or until specified precautions are taken to the satisfaction of such sanitary authority whether by the provision in such building of specified appliances or fittings or by the execution of specified structural alterations or additions to such building, or by the doing in relation to such building of any other thing whatsoever.

(3) The following provisions shall apply and have effect in relation to every fire precautions notice served by a sanitary authority, that is to say:—

(a) where such notice is addressed to the proprietor of the building to which it relates by his name, it may be served by delivering it to such proprietor or by delivering it at the said building to a person over the age of sixteen years who is resident or employed in the said building or by sending it in a prepaid registered letter addressed to such proprietor at the said building;

(b) where the name of such proprietor is unknown or cannot be ascertained such notice may be addressed to “the proprietor” without naming him and may be served by delivering it at the building to which it relates to a person over the age of sixteen years who is resident or employed in that building or, if no such person can be found, by affixing it in a conspicuous position on the said building;

(c) every such notice shall specify a time within which the requirements thereof are to be complied with;

(d) such proprietor may, within fourteen days from the date of the service of such notice on him, appeal therefrom to the District Court on any one or more of the following grounds, that is to say:—

(i) that such building is not a potentially dangerous building within the meaning of this Act,

(ii) that such notice is unreasonable because of the improbability of a fire occurring in such building or because of the improbability of serious danger to life arising from any such fire,

(iii) that compliance with the requirements of such notice would involve unreasonable expense or an unreasonable interference with the use of such building,

(iv) that such notice specifies an unreasonably short time for complying with the requirements thereof;

(e) notice of every such appeal shall be given to the sanitary authority, and that authority shall be entitled to appear and be heard on the hearing of such appeal;

(f) on the hearing of any such appeal, the District Court may, as it shall think proper, either—

(i) confirm such notice unconditionally, or

(ii) confirm such notice subject to such modifications, alterations, or additions as the said Court thinks reasonable, or

(iii) annul such notice;

(g) no appeal shall lie from a decision of the District Court on an appeal to that Court under this sub-section;

(h) where the District Court confirms such notice subject to modifications, alterations, or additions, such notice shall have effect with and subject to such modifications, alterations, or additions;

(i) such notice shall be of no force or effect until either—

(i) in case no such appeal is taken therefrom, the expiration of fourteen days from the date of service thereof, or

(ii) in case such appeal is taken and such notice is confirmed, whether with or without modifications, the date upon which the decision of the District Court on the hearing thereof is pronounced;

(j) the jurisdiction conferred on the District Court by this sub-section shall be exercised by the justice of that Court having jurisdiction in the district court area in which such building is situate.

(4) If either—

(a) the proprietor of a building in respect of which a fire precautions notice is in force, or

(b) any other person having control of such building who knows that such fire precautions notice is in force in respect of such building

contravenes or causes or permits a contravention (whether by act or omission) of such notice, such proprietor or such other person (as the case may be) shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day during which the offence is continued.

(5) Notwithstanding anything contained in this section, where a building has been used for a particular purpose for at least six months prior to the passing of this Act and continues to be so used for at least six months after such passing, no fire precautions notice requiring such proprietor to refrain (either absolutely or until compliance with specified requirements) from using such building or a part thereof for the purpose for which it was so used shall come into force before the expiration of six months from the date of the passing of this Act.

8 Powers of inspection by sanitary authorities.