Fire Services Act , 1981

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the Fire Services Act, 1981.

(2) This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

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

“fire authority” means a fire authority to which section 9 applies;

“fire brigade” means an organised body of persons trained and equipped for extinguishing fires occurring in buildings and other places and for rescuing persons and property from such fires, and includes the vehicles and equipment with which that body is provided;

“fire hydrant” includes any hydrant marker-plate, cover or box;

“fire safety” includes fire prevention and precautions against fire;

“flammable” includes combustible;

“functional area”, in relation to a fire authority, has the meaning assigned by section 9 (3);

“functions” includes powers and duties;

“the Minister” means the Minister for the Environment;

“owner” includes any person having any estate or interest in premises;

“person in control”, in relation to a fire or other emergency, has the meaning assigned by section 27;

“planning authority” has the meaning assigned by section 2 (2) of the Local Government (Planning and Development) Act, 1963;

“potentially dangerous building” has the meaning assigned by section 19;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“reserved function” means—

(a) in the case of the council of a county or an elective body for the purposes of the County Management Acts, 1940 to 1972, a reserved function for the purposes of those Acts;

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

“sanitary authority” means a sanitary authority for the purposes of the Local Government (Sanitary Services) Acts, 1878 to 1964.

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

(3) A reference in this Act to a section is to a section of this Act unless it is indicated that reference to some other enactment is intended.

(4) A reference in this Act to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

3 Orders and regulations.

3.—(1) The Minister may make orders and regulations for the purposes of this Act.

(2) Every order of the Minister under section 9 or 11 and every regulation made by him under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4 Offences.

4.—Any person who contravenes (by act or omission) any requirement of Part III of this Act or of any regulation under this Act or of any notice to which this Act applies shall be guilty of an offence.

5 Penalties.

5.—(1) A person guilty of an offence under this Act (other than an offence to which subsection (2) applies) shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment.

(2) A person guilty of an offence by reason of a contravention of section 18 (2), 20 or 37 shall be liable on conviction on indictment to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.

(3) A Justice of the District Court shall have jurisdiction to try summarily an offence to which subsection (2) relates if—

(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,

(b) the Director of Public Prosecutions consents, and

(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily,

and, upon conviction under this subsection, the defendant shall be liable to a fine not exceeding £500, or at the discretion of the court, to imprisonment for a term not exceeding 6 months, or to both the fine and the imprisonment.

(4) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (2) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (3) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.

(5) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting as the case may be, shall also be guilty of that offence.

6 Summary prosecution of offences.

6.—(1) Summary proceedings for an offence to which section 5 (1) applies may be brought and prosecuted by the fire authority for the functional area in which the offence is alleged to have been committed or by any other person.

(2) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be instituted within 12 months from the date of the offence.

7 Expenses of Minister.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

8 Repeals.

8.—(1) The following Acts are hereby repealed—

the Cinematograph Act, 1909,

the Fire Brigades Act, 1940.

(2) Every agreement in force immediately before the commencement of this section under section 2 (3) (a) of the Fire Brigades Act, 1940, between a sanitary authority and a fire brigade authority shall, where each of them becomes a fire authority on such commencement, continue in force and shall be deemed to be an agreement made under section 59 of the Local Government Act, 1955.

PART II Organisation of Fire Services

9 Fire authorities.

9.—(1) Each of the following local authorities shall be a fire authority for the purposes of this Act—

(a) the council of a county,

(b) the corporation of a county borough,

(c) the Corporation of Dun Laoghaire,

(d) subject to subsection (2), the corporation of any other borough and the council of any urban district which has established and is maintaining a fire brigade at the commencement of this section.

(2) Where the Minister by order provides that subsection (1) (d) shall cease to apply to a particular corporation or council that body shall cease to be a fire authority on the day specified in that behalf in the order.

(3) The functional area of a fire authority shall be—

(a) in the case of the council of a county, the administrative county, excluding any borough or urban district, the corporation or council of which is for the time being a fire authority;

(b) in the case of any other local authority, its administrative area.

(4) References in any enactment to a fire brigade authority, as defined in the Fire Brigades Act, 1940, shall be construed as references to a fire authority.

10 Functions of fire authorities.

10.—(1) A fire authority shall have the functions assigned to it by or under this Act.

(2) A fire authority shall—

(a) make provision for the prompt and efficient extinguishing of fires in buildings and other places of all kinds in its functional area and for the protection and rescue of persons and property from injury by fire, and

(b) establish and maintain a fire brigade, provide premises and make such other provision as it considers necessary or desirable for such purpose, and

(c) make adequate provision for the reception of and response to calls for the assistance of the fire brigade.

(3) A fire authority shall, in the exercise of its functions under subsection (2), have regard (in addition to all other relevant considerations) to the nature of the fire hazards and the probable incidence and extent of fires in its functional area, the character of the area and the value of the property liable to be damaged by fires.

(4) Fire authorities may make arrangements for the joint discharge of any of their functions.

(5) (a) A fire authority may, by agreement, provide services for or avail of the services of any body or person other than a fire authority.

(b) An agreement under section 2 (3) (b) of the Fire Brigades Act, 1940, in force immediately before the commencement of this section and made by a sanitary authority which becomes a fire authority, shall continue in force and shall be deemed to be an agreement under this section.

(6) (a) Whenever it appears to the Minister that an agreement under section 59 of the Local Government Act, 1955, ought to be made between fire authorities for the purpose of any of their functions he may, after affording an opportunity to the authorities concerned to make representations to him, require them to enter into an agreement.

(b) The Minister may direct that any such agreement shall contain such terms as he may specify and the authorities concerned shall comply with any direction given by the Minister.

(7) The making of agreements under this section shall be a reserved function.

(8) It shall be the duty of a fire authority which is a party to an agreement to which this section relates to furnish the Minister with a copy of the agreement.

(9) A fire authority may send a fire brigade to any place outside its functional area, whether in the functional area of another fire authority or not and where any such fire brigade is sent outside the functional area of any fire authority, the person who is for the time being in charge thereof shall have the powers available to the person in control at a fire or other emergency under section 28.

(10) A fire authority shall, as soon as may be after the commencement of this section and as occasion requires, make a survey to examine the location and adequacy of water supplies for fire-fighting purposes, fire-fighting equipment and fire hydrants.

11 Transfer of functions to fire authorities.

11.—(1) The functions of a local authority under the following enactments shall be functions of a fire authority within its functional area—

(a) the Dangerous Substances Act, 1972,

(b) the Explosives Act, 1875,

(c) such provisions of any other enactment as are specified by the Minister by order.

(2) A fire authority shall, within its functional area, perform the functions relating to means of escape in case of fire given to sanitary authorities in—

(a) the Safety in Industry Acts, 1955 and 1980, and

(b) the Office Premises Act, 1958.

(3) The functions of a local authority under section 36 of the Public Health Acts Amendment Act, 1890, shall be exercisable by a fire authority with respect to means of egress in the case of fire.

12 Measures to be taken in consultation with Minister for Posts and Telegraphs.

12.—Where a fire authority represents to the Minister for Posts and Telegraphs that reasonable means for enabling persons in any part of its functional area to call a fire brigade are not available, that Minister shall consult with the fire authority as to the measures required to make reasonable provision for that purpose and shall take such measures as may be agreed upon.

13 Advice to planning authority.

13.—A fire authority may advise a planning authority in relation to the functions of the planning authority under section 26 (which relates to permission for development) and section 27 (which relates to permission for the retention of structures) of the Local Government (Planning and Development) Act, 1963.

14 Co-operation between fire authorities.

14.—It shall be the duty of fire authorities to afford, on request, assistance to each other, provided that such assistance can be given without reducing fire services in the functional area of the assisting authority below a standard which it considers to be necessary and which cannot be sustained by assistance from another fire authority.

15 Training.

15.—(1) It shall be the duty of a fire authority to make arrangements for the efficient training of the personnel of its fire services.

(2) A fire authority may establish and maintain facilities for providing courses of instruction for the personnel of its own or other fire services and for training other persons in fire-fighting techniques, fire drill procedure, fire safety and analogous matters.

(3) The Minister may assist, as he thinks proper, fire authorities in relation to their functions under this section and may, in particular—

(a) provide or arrange for the provision of instruction for the personnel of fire services and other persons and for the establishment and maintenance of training facilities (including a national training centre) and may make charges in respect of such instruction,

(b) arrange for the conduct of examinations and tests, for the grant of certificates on the results thereof and for the recognition of certificates and other awards of other bodies.

(4) The Minister, with the concurrence of the Minister for Finance, may contribute towards the expenses of a fire authority in the provision of training facilities, subject to such conditions as he may impose concerning the availability and suitability of the facilities.

(5) The Minister, with the concurrence of the Minister for Finance, may contribute towards the expenses of a fire authority in sending members of the fire service on approved courses or in making persons available to provide training for members of other fire services or of other bodies.

16 Fire Services Council.

16.—(1) The Minister may by order establish a body which shall be known as the Fire Services Council (in this section referred to as the Council) to perform such services for or on behalf of the Minister or fire authorities as he may specify from time to time.

(2) Without prejudice to the generality of subsection (1), the Council shall at the request of the Minister—

(a) perform such functions under section 15 (3) as the Minister may assign to the Council,

(b) assist in the preparation of guidelines, codes of practice, standards or regulations relating to fire safety,

(c) undertake or arrange for research in relation to fire or fire safety matters,

(d) carry out an investigation into any fire or any operation of an emergency nature to which section 25 relates and make a report thereon to the Minister.

(3) For the purpose of an investigation under subsection (2) (d) the Council shall have discretion as to the manner in which the investigation shall be carried out and in particular may carry out the investigation wholly or partly in public and the Council or a person authorised by the Council (in this section referred to as an authorised person) may—

(a) enter at all reasonable times and inspect any land or building,

(b) take on to land or into a building any person or equipment and examine, test or take samples of any thing,

(c) by notice in writing require any person to give any relevant information or produce plans or documents and for such purpose to attend and to give evidence before the Council or an authorised person, and

(d) take evidence on oath and for that purpose administer an oath.

(4) Any person who—

(a) refuses entry to any land or building for the purpose of this section, or

(b) obstructs or impedes the Council or an authorised person in the exercise of the powers conferred by subsection (3), or

(c) fails or refuses to comply with any requirement of the Council or an authorised person, or

(d) wilfully or recklessly gives to the Council or an authorised person any information which is false or misleading in a material respect,

shall be guilty of an offence.

(5) The Local Government Services (Corporate Bodies) Act, 1971, shall apply for the purposes of this section to a fire authority, to an order under this section as if it were an establishment order and to the Council as if it were established under such an order.

(6) The Council shall make an annual report of its activities to the Minister who shall cause it to be laid before each House of the Oireachtas.

17 Transfer of staff and property to fire authorities.

17.—(1) This section applies to a body being the corporation of a borough or the council of an urban district which, on the commencement of section 9, does not become a fire authority.

(2) On the commencement of section 9, every officer, servant or other person who, immediately before such commencement, was engaged by a body to which this section applies solely in the performance of functions of a kind conferred by this Act on a particular fire authority shall, unless that body and that officer, servant or other person otherwise agree, become an officer or servant or be engaged by that fire authority on the terms and conditions applicable to his former employment or engagement.