Fire Brigades Act, 1940

• Jurisdiction: Ireland
• Citation: IR No. 7/1940
• Year: 1940

Number 7 of 1940.
FIRE BRIGADES ACT, 1940.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Obligations and powers of sanitary authorities. 3. Agreements between sanitary authorities for fire brigade services. 4. Fire brigades acting outside their district. 5. Failure of sanitary authority to comply with this Act. 6. Control of operations at a fire. 7. Fire precautions notices. 8. Powers of inspection by sanitary authorities. 9. Ancillary powers in relation to extinguishing fires. 10. Powers of Gárda Síochána in relation to traffic. 11. Penalty for false fire alarms. 12. Transfer of certain existing fire organisations to sanitary authorities. 13. Powers of sanitary authority to appoint personnel of fire brigade. 14. Acquisition of land by sanitary authorities. 15. Borrowing by sanitary authorities. 16. Expenses of sanitary authorities. 17. Expenses of the Minister. 18. Repeals. 19. Short title and commencement.
FIRST SCHEDULE.
Transfer of Fire Brigades, etc., from Commissioners of Towns to Sanitary Authorities.
SECOND SCHEDULE.
Enactments Repealed.
Acts Referred to Local Government Act, 1925 No. 5 of 1925 Local Authorities (Miscellaneous Provisions) Act, 1936 No. 55 of 1936
Number 7 of 1940.
FIRE BRIGADES ACT, 1940.
AN ACT TO REQUIRE SANITARY AUTHORITIES TO MAKE PROVISION FOR THE EXTINGUISHING OF FIRES OCCURRING IN THEIR SANITARY DISTRICT AND FOR THE PROTECTION AND RESCUE OF PERSONS AND PROPERTY FROM INJURY BY SUCH FIRES AND TO PROVIDE FOR DIVERS MATTERS ANCILLARY TO OR CONNECTED WITH THE MATTERS AFORESAID. [18th April, 1940.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	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.
	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.
	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.
	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...