District Fire Brigades Act 1909 (WA)

WESTERN AUSTRALIA.

EDWARD' SEPTUM REGIS,

•*************fl*****a*****t ********** *************

No. 51 of 1909.

AN ACT to make further provision for the

Protection of Life and Property from Fire.

- Assented to 21st December. 1909.]

BE it enacted by the King's Most Excellent Majesty, by and

Legislative Assembly of Western Australia. in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same. as follows:—

Prelim hair y.

1.     This Act may be cited as the District Fire Brigades Act, Short title.

1909, and shall come into operation ou the first day of Januarv, oSfee1840ifjets.,. 1200

one thousand nine hundred and ten. t.

2 . In this Act, unless inconsistent with the subject-matter or Interprotatitm.

2.

context. the following words shall have the meanings respectively see mid s. 2.

assigned to them (that is to sac):

Board " means a. Fire Brigades Board constituted by this Act

" Brigade" includes all Fire Brigades, whether permanent

or volunteer or municipal or insurance companies, or

private or otherwise:

Chief Officer" means the Chief Officer of District Fire

Brigades :

" District " means a fire district constituted by this Act:

" Insurance

1909, No. 51.] District Fire Brigades. [9 EDW. VII.

" Insurance company " includes any person or persons, in- corporate or unincorporate, carrying on the business of fire insurance or of granting for consideration indem- nity in whole or in part against loss or damage by fire, whether by itself or in conjunction with any contract other than that of insurance ; and shall include as well the company as its agent or agents :

Local Authority" means a municipality and the council thereof, or the road board of a road district, and " the local authority " means the local authority for the particular district.

Minister " means the Minister of the Crown charged for the time being with the administration of this Act:

Owner " means the person for the time being receiv-

ing the rack rent of the premises in connection with which the word is used either on his own account or as agent or trustee for some other person, or who would receive the same if the premises were let at a rack rent :

" Permanent Fire Brigade" means any association formed for the purpose of extinguishing fire and consisting of persons whose whole time shall be devoted to duties connected with that object and who receive a fixed re- muneration for their services :

" Proclamation" means a proclamation by the Governor published in the " Government Gazette ":

" Regulations" means any regulations made under this

Act :

" Volunteer Fire Brigade " means any association of per- sons formed for the purpose of extinguishing fires if the carrying out of the purpose of such. association is not the sole or principal calling or the means of livelihood of such persons or of a majority of them :

" Year " means year ending the thirty-first clay of De-

cember.

Act not to apply to 3. This Act shall not apply to the municipal district of the

municipal districts	municipality of Perth, or to any other municipal district to which
in which Fire
Brigades Act, 1808,	the provisions of the Fire 'Brigades Act, 1898, for the time being
in force.	apply:
Provided that the Governor may, on the petition of the coun- cil of any municipality, by proclamation, declare that the provis- ions of the last mentioned Act shall cease to be in force in any municipal district.

Fire Districts.

Fire districts. 4. (1.) For the purposes of this Act, Western Australia is

See Viet., No. 1200 divided into two Fire Districts, namely :—

of 1890, ss. 3,1, :5.

(a.) The South-West District.

(b.) The Central District.

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

(2.) The boundaries of the said districts shall be as de-

scribed in the First Schedule to this Act.

(3.) The Governor may, from time to time, by proclamation,

alter the boundaries of any district.

Fire Brigades Board and Local Committees.

5.    (1.) There shall be constituted as hereinafter provided a Fire The Board.

Brigades Board to be called the West Australian Fire Brigades See Mid s. 6.

Board.

(2.) Such Board shall be a body corporate with per- petual succession and a common seal, and shall be capable in law of suing and being sued and of taking, purchasing, holding, ex- changing, leasing, and disposing of real and personal property.

Constitution of Board.

6.	The Board shall consist of nine members as follows:—	Constitution of Board.
(1.) Two members shall be appointed by the Governor.	see mid s. 7.
(2.) Three members shall be elected by the Insurance Com-

panies carrying on business within Western Australia.

(3.) Three members shall be elected by the local authorities

as follows:

(a.) One of such members shall be elected by the Councils of the Municipalities of Coolgardie, Kalgoorlie, and Boulder, and the Road Board of the Kalgoorlie Road District conjointly ; and

(b.) One of such members shall be elected, subject as herein- after provided, by the remaining local authorities conjointly in each fire district, but only those local authorities which contribute under this Act shall be permitted to vote at such election.

(4.) One member shall be elected by the volunteer brigades.

Provided that if this Act within six months after its com-

mencement is, on the petition of the Council of the City of Perth,

applied to that municipality, the following provisions shall apply in

lieu of paragraph (b.) of subsection three

One of such members shall be elected by the Council of the City of Perth ; and (ii.) One of such members shall be elected by the local authorities throughout Western Australia conjointly, other than the Council of the City of Perth, and the Councils of the Municipalities of Coolgardie, Kalgoorlie, and Boulder, and the Road Board of the Kalgoorlie Road District ; but only those local authorities which contribute under this Act shall be permitted to vote at such election.

1909, No. 51.1 District Fire Brigades. [9 EDW. VII.

Local committees. 7. The Governor may, by proclamation, constitute any portion

See s. 0. of a district a sub-district, and in every sub-district the powers by this Act conferred on local committees may be exercised by a local committee under the supervision of the Board and subject to the regulations.

Constitution of local 8. The local committee for any sub-district shall consist of One of such members shall be elected by the local authority or authorities (as the case may be) of any municipal or road district or districts or portions thereof forming part of such sub-district, and shall be the chairman of the committee;

committees.

Viet, No. 12041 of	three members
ism., 10.

One member shall be elected'by the brigade or brigades in such sub-district, or if there are no such brigades shall be appointed by the Governor; and

One member shall be elected by the insurance companies

insuring property within such sub-district,

Voters at firs

elections. 9. (1.) Before the first election of members of the Board the

s. 11.

Minister shall cause to be prepared for each district a roll of all

the brigades in such district and shall certify every such roll.

(2.) No brigade shall be entitled to vote at the first election

of members of the Board unless the name of such brigade is in- cluded in such roll, and no brigade shall be entitled to. vote at the first election of the local committee for any sub-district unless the name of such brigade be included in the certified roll for such sub- district.

Voters after the	(3.)	After the first election of members of the local com-
first election in any

district. mittee in any sub-district no brigade therein shall be entitled to vote at any election of members of the Board or of members of the local committee unless such brigade is duly registered under this Act and is included in a roll in force in such district or sub-district of brigades entitled to vote therein at elections under this Act No such roll shall be of any force or effect unless it be certified by the Board.

Governor mac	10. The Governor may at any time. if he thinks fit. rennn e
mote members.

Tbid s. 12.

any member of the Board or of any local committee.

Convention of

- 11. (1.) Immediately after the coming into operation of this

meeting of repre-

sentatives of fire

Act, the Minister, and in the month of December of every alternate

insurance com-

year thereafter the Board, shall convene a general meeting of the

panies to nominate

members.

chairman. principals, or representatives of the insurance companies by circular addressed to each such company, or the representative thereof, for the purpose of electing persons as members of the Board.

(2.) Each such meeting shall elect its own chairman, and all matters shall be decided by a majority of votes, and the votes allotted to each person representing an insurance company at such meeting shall be according to the following scale, that is to say :--

Where the company's premium income in the State does not

exceed two thousand pounds, the person representing such company

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

shall be entitled to one vote at every such meeting ;" where such income is above two thousand pounds and does not exceed five thousand pounds, such person shall have two votes ; where such income is above five thousand pounds, such person shill have three votes ; and the chairman of each such meeting shall have, in addition to his own vote or votes, a casting vote.

12.     All elections of members of the Board mid all elections of Elections to Le

members of local committees shall be conducted in all respects reititicler regulations,

.

whatsover in such manner as may be prescribed by the regulations, mid ,, 13.

and every such election shall be held at such times and under the

direction of such returning officers as the Governor may from time

to time appoint.

13.    All members of the Board or of any local committee shall be Tenure of menibera

appointed or elected for any term not exceeding two years, and, not to exceed two years.

subject to the provisions hereinafter contained, shall hold office

s. 11,

until the thirty-first day of December in the second year of the

term for which they are appointed or elected.

The members of the Board may receive from the funds of the Board a sum not exceeding Two hundred and fifty pounds per annum in the aggregate.

14.      All elections under this Act for the Board or any- local coin- Periodical elections.

mittee other than extraordinary elections and other than the first .Viet, No. 1200 of

election in any district shall be held in the month of December. 1800, s, 15. local committee he shall be eligible for re-election or re-appoint- ment thereto, and every retiring member shall if not otherwise dis- qualified be entitled to act as a member during the progress of any election.

15.    (1.) Any vacancy in the office of a member of the Board or Extraordinary

of any local committee, occasioned by death, resignation, removal, vacancies.

or any cause whatsoever other than retirement on the thirty-first Ibi. s.	•	d
day of December in the second year of the term for which lie was appointed or elected, shall be filled up within one month after the occurrence of such vacancy, or within such longer time as may be prescribed by the regulations.

(2.) In the case of au appointed member, such vacancy shall

be filled up by the appointment by the Governor of a new member.

(3.) In the ease of an elected member, such vacancy shall

be filled up by the election of a new member by the body or bodies by which the member whose place is to be filled was originally elected.

(4.) Such new member, whether so appointed or elected,

shall hold office as long as the person in whose place he was ap- pointed or elected would have held office had he continued in office, and no longer.

1909, No. 51.] District Fire Brigades. [9 EDW. VII.

If from any cause the body or bodies whose duty it is to elect a member of the Board or of any local committee fail, neglect, or refuse so to do at or within the time appointed or specified in that behalf in this Act or in the regulations or by the Governor, then the Governor may appoint any person whomsoever to he a member of such Board or local committee (as the case may be) in lieu of the member whom such body or bodies should have elected, and such person shall be deemed for all purposes to have been elected by such body or bodies and to have been duly qualified.

Failure to elect. 16.

s. 17.

Bankrupts not to be	17.	No person being an undischarged bankrupt shall be cap-
or continue to be

members.	able of being appointed or elected a member of the Board or of any
Ibid. s. Is.	local committee, and no member who is adjudicated bankrupt or who applies to take the benefit of any Act for the relief of bank- rupt debtors, or who compounds by deed or instrument in writing with his creditors, or who stops payment iu the common mercantile acceptation of the term, shall be capable of continuing a membek; thereof, and the seat of such member shall thereupon-become vacant.

How seat vacated. 18.

(1.) If a member of the Board at any time subsequent to his or place of profit under the Board, or is concerned in any contract, or participates in any manner in any work to lie done or goods to be supplied under the authority of this Act, or derives or is entitled to any benefit either directly or indirectly therefrom, or if a member of a Board or of any local committee is absent from four consecutive periodical meetings of the Board or local com- mittee without leave obtained from the Board or local committee in that behalf, he shall cease to he a member of the Board or local committee (as the case may he), and his office shall thereupon be- Come vacant.

Vlot., No. 1200 of	appointment or election accepts or continues to hold any office
1890, s. 19.
Exception.	(2.) No person being a shareholder or member of any in- corporated or joint stock company consisting of more than twenty persons shall be disqualified from acting as a member of a Board or any local committee by reason of any contract entered into be- tween such company and the Board, nevertheless it shall not be lawful for any such shareholder or member to act as a member of a Board or any local committee in any matter relating to any con- tract entered into between such company and the Board.
(1.) No acts or proceedings of the Board or any committee illegal in consequence - only of the number of the members of such Board or committee or local committee not being complete at the time of such act or proceeding.

Acts of members 19.

not invalidated by	thereof or of any local committee shall be invalidated or be deemed
vacancies,
nor by irregularity	(2.) All acts and proceedings of such Board or committee or any local committee shall, notwithstanding it is afterwards dis- covered that there was some defect in the appointment or election
in appointment or
disqualification.
Ibid. s. 20.
of any person as a member thereof or that any member thereof was disqualified or not entitled to act or vote, be as valid as if every

9 EDW. VITJ District Fire Brigades. [1909, No. 51.

such person had been duly appointed or elected (as the case may be) and was qualified to be and to act and vote as a member of such Board or committee or local committee (as the case may be).

Proceedings of the Board and Local Committees.

20. the Board shall at its first meeting elect one of its mom- Election of

hers as its president, who shall hold office until the first meeting of	President.
the Board after the thirty-first day of December following the date	Ibid. s. 21.
of his election, or until the appointment of his successor. And the Board shall annually at its first meeting after the thirty-first day of December elect its president, who shall hold office for a like term, and every retiring president shall be eligible for re-election.

shall be held not less than six times a year, and notice in writing of or local co11mittee4. 21. (1.) Meetings of the Board and of each local committee Meetings of Hoard

each meeting, except all adjourned meeting., shall be sent by post to Ibid. s. 22

each member at least two clear days before the day of any such

meeting.

(2.) The president of the Board or chairman of a local President.

committee shall preside at all meetings of the Board or local com- mittee at which he is present; but in his absence the members pre- sent shall elect a member to preside at such meeting.

(3.) The members of the Board shall hold their first meet- First meeting of

Mg at such time and place as the Governor by notice in the " Gov- Board.

eminent Gazette " may appoint in that behalf, and on and after the

day so appointed in respect of the Board. whether the whole num-

ber of members thereof shall or shall not have been appointed or

elected, such Board shall be deemed to be duly and legally consti-

tuted in pursuance of this Act.

(4.) The members of each local committee shall hold their First meeting of

first meeting at such time and place as the Board by notice in the local committees.

" Government Gazette " may appoint in that behalf, and on and

after the day so appointed in respect of any local committee, whether the whole number of members thereof shall or shall not have been elected, such local committee shall be deemed to be duly and legally constituted in pursuance of this Act.

22. (1.) The president of the Board may at any time, and shall special meetings.

upon receiving a requisition in writing requiring him so to do Vict., No. 1200 of

signed by at least three members of the Board, and the chairman 189°, S. 23.

of any local committee may at any time, convene a special meeting

for any particular purpose.

(2.) Such special meeting shall he convened by giving seven clear days' notice in writing, sent through the post, of such meet- ing to each member, and such notice shall set forth the particular purpose for which such special meeting is convened.

1909, No. 51.] District Fire Brigades. [9 Bow. VII.

Quorum of Board or 23. (1.) Four members of the Board or two members of a local

local committees, committee present at any meeting shall form a quorum for the

s. 24.

transaction of business, and no business shall be transacted at any

meeting at which there is not a quorum present.

(2.) All'questions at any meeting shall be determined by a majority of the votes of the members present, and in the case of an equal division of votes the president or chairman (as the case may be) shall have a second or casting vote in addition to his ordinary or deliberative vote.

Revocation of	24. No resolution of the Board or of any local committee shall
resolution of a

previous meeting	be revoked at a subsequent meeting held within six months after the passing of such resolution unless such meeting is specially
Ibid. s. 25.	convened for the purpose. and unless in the case of the Board such revocation is determined upon unanimously or by a majority con-. sisting of a larger number of the members of the Board than the majority by which the resolution proposed to be revoked was passed, or, in the case of a local committee, by all the members thereof.

Committees of 25. (1.) The Board ma) appoint a committee for any pur-

Boards.	pose which in the opinion of the Board would be better regulated
Viet., No. 1200

1890, s. 26. of and managed by means of such committee, and at any meeting may continue, alter, or discontinue such committee.

(2.) The acts of every committee of the Board shall be sub-

mitted to the general body of the Board for approval or otherwise.

(3.) Every committee so appointed may meet from time to

time and may adjourn from place to place as the members thereof

may think proper for carrying into effect the purposes of its ap-

pointment, but no business shall be transacted at any meeting of

the committee unless three members thereof are present.

Minutes of 26. (1.) Entries of all proceedings of the Board and of every com-

proceedings.	mittee or local committee, with the names of the members who
Ibid. s. 27.	attend each meeting, shall be made in books to be provided and kept for that purpose under the direction of the Board committee or local committee, and shall be signed at the next or some subse- quent meeting of the Board committee or local committee respec- tively by the president or chairman thereof.
(2.) Entries purporting to be signed, and any minute made of proceedings at a meeting and copies of any orders made or reso- lutions passed at a meeting if purporting to be so signed by the president or the chairman (as the case may be), shall be received as evidence in all legal rreceedings and by all judges and other persons having by law or by consent of parties authority to hear, receive, and examine evidence without proof of any meeting of the Board committee or local committee having been duly convened or held, or of the presence at any such meeting of the person named

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

in any such entry as being present thereat, or of such persons being members of the Board committee or local committee, or of the sig- nature of the president or the chairman of such meeting, or of the fact .of his being president or chairman, all which matters shall be presumed until the contrary is proved.

General Powers and Duties 'of 11th Board and Local

Committees.

27. (1.) On the constitution of the Board under this Act, all real Vestingof property. S e 2 Viet., No. 8, e 6

and personal property of the local authorities the districts whereof s.

are wholly or partly comprised within a fire district, and in use for the

service of any fire brigade, shall vest in and become the property of

the Board.

(2.) On the extension of tins Act, pursuant to a petition under section three to the municipal districts or any municipal district to which at the commencement of tins Act the provisions of the Fire Brigades Act, 1898, apply, all real and personal property of the Fire Brigades Board constituted under the last-mentioned Act within such municipal districts shall become the property of and vest in the Board constituted under this Act, subject to the Board becoming responsible for and indemnifying the said Fire Brigades Board from and against all liabilities in respect thereof ; and thereupon the debts and liabili- ties of the last-mentioned Board, or a proportionate part thereof to be fixed by the Minister, shall by force of this Act alone become the debts and liabilities of the Board constituted under this Act.

(1.) The Board may purchase, take on lease, or other- wise acquire stations for engines, stables, houses for firemen, and	Power to purchase
property for
such other buildings or land and all such engines, escapes, and
Viet., No. 1200 of
other apparatus and plant and other property as the Board may	1890, s. 28.
think requisite for carrying into effect the purposes of this Act, and may from time to time sell or exchange or let any property ac- quired by or vested in them for the purposes of this Act.
(2.) All moneys resulting from the sale, exchange, or letting of any property by the Board shall be applied in the purchase of property for the Board or the improvement of the property of the Board.

28.

necessary steps for the extinguishment of fires and for the protec- Board. 29. The duty of taking, superintending, and enforcing all General duties of

Vo. 1200 of iet.

tion of life and property in case of fire, and the general control of 1890

, , s. N29.

all stations and of all fire brigades shall, subject to the provisions

of this Act, so far as regards each district, be vested in the Board.

1909, No. 51.] District Fire Brigades. [9 Eow. VII.

Limit of authority 30. In this Act, unless the context otherwise requires, where of local committees. powers or duties are conferred or imposed upon any local com- s. 30. mittee such powers or duties may be exercised by any such. local committee only within and for the sub-district for which such local committee is constituted.

Formation of 31. The Board or any local committee by direction and sub-

brigades, etc.	ject to the approval of the Board may at any time and from time
Ibid. s. 31.	to time

(a) take measures to facilitate the formation of permanent

or volunteer fire brigades; and

(b) amalgamate or disband or cancel the enrolment and registration of any fire brigade; and

(c) acquire for the Board or dispose of plant including fire- engines, horses, carts, reels, buckets, hose, ladders, fire- escapes, ladder-trucks, hook-and-ladder carriages, tools, implements, accoutrements, and other property, or fur- nish the same to fire brigades; and

(d) determine the number of permanent and volunteer fire brigades necessary for the protection of any district, and also the apparatus and appliances to be used by each brigade; and

(e) establish schools of instruction, issue certificates of quali- fication in fire-exthiction to members of fire brigades; and

(1)  establish and maintain fire-alarms and other appliances

for the prevention and extinction of fires; and

(g) also establish or contract for the establishment of tele- phonic, telegraphic, or other communication between the several stations at which fire-engines or firemen are placed, and between any such stations and any other places, subject to the approval of the municipal councils of the means whereby such communication is to be es- tablished in their respective districts.

Annual reports to 32. The Board shall furnish a report to the Minister and to

Minister.	each of its constituent bodies in the month of March in every year
Viet., No. 1200 of
1890, s. 32.	upon all proceedings of such Board under this Act during the previous year, and a report generally upon all matters which have come within the scope of the Board during such year, and such report shall be laid before both Houses of Parliament.

Officers and Members of Brigades.

Approval of officers 33. No election or appointment of the principal officer of any

of volunteer	volunteer brigade shall have any force or effect until approved by
brigade.	the Board or local committee of the sub-district in which

s. 33.

such brigade is established. The designation of such principal

officer shall be decided by the Board.

9 EDW. VII.] District. Ph?' Brigades. [1909, No. 51.

34. (1.) The Board shall from time to time appoint so many Appointment, etc.,

officers and members of every permanent fire brigade and by such	members of
of officers and
designations as shall seem fit, and the Board shall have the power	permanent brigade.
of suspension and removal of all such officers and of all members	Ibid. s. 34.
of any permanent fire brigade under the Board.

(2.) The officers and members of any permanent fire brigade

shall be respectively paid such salaries and wages from the funds at the disposal of the Board as the Board shall from time to time direct, or as may he directed by regulations.

(3.) Before any provisions of this" section are exercised with

regard to a permanent fire brigade in any sub-district, notice shall be given to the local committee of such sub-district, and the recommendation, if any, of the local committee thereon shall be duly considered by the Board.

(4.) Persons who at the time of the passing of this Act are

members of any brigade, on satisfying the Board of their efficiency, shall as against persons who are not members of a brigade have a prior claim to be so appointed to a permanent brigade.

35. (1.) There shall be an officer to be called the Chief Officer Chief Officers.

of the District Fire Brigades, who shall be from time to time

Ibid. s. 35.

appointed by the Board, and shall be subject to suspension or

removal by the appointing Board.

(2.) Subject to the general powers and authority of the Board, every brigade and all officers and members thereof in a fire district shall be under the immediate order and control of the Chief Officer of the District Fire Brigades.

36. (1.) The Board may appoint a deputy Chief Officer, Deputy Chief Officer

and may at any time suspend or remove any such deputy.

and. assistant Chief

Officers.

(2.) In case at any time it shall seem expedient for the pur- Ibid. s. 36.

poses of this Act to appoint one or more assistant Chief Officers to act at any fire at which +he Chief Officer or deputy Chief Officer cannot attend, the Board may either generally or specially ap- point any assistant Chief Officer to act under the Board either for a limited time or for any one occasion only, and the Board may at any time suspend or remove such assistant Chief Officers.

(3.) Every deputy Chief Officer in the absence of the Chief

Officer and every assistant Chief Officer in the absence of the Chief Officer and deputy Chief Officer shall, unless otherwise directed by the Board or the regulations, have the same powers, authorities, and liabilities as are conferred or imposed by this Act or the regu- lations upon the Chief Officer.

37. The Chief Officer of the District Fire Brigades shall, in

General duties and

powers of Chief

addition to such other duties as the Board may prescribe, exercise	Officer.
the general duties and powers following, that is to say:	Viet., No. 1200 of

(a.) Re shall cause a book to be kept containing the names, 1890, s. 37.

ages, and occupations, and several places of abode of all

members of every fire brigade:

1909, No. 51.] District Fire Brigades. [9 EDW. VII.

(b.)	He shall summon once a month at the least all or as many of the members of brigades as may be required for practice in order to render the members fit and efficient for service:
(c.)	He shall from time to time inspect all fire brigades and report to the Board on their state of efficiency or other- wise, and make such recommendations as to him may seem fit:
(d.)	He shall at all times have the immediate charge and control of all fire-engines, horses, carts, reels, buckets, hose, ladders, fire-escapes, ladder-trucks, hook-and- ladder carriages, tools, implements, accoutrements, and other property of the Board, and shall keep the same in a fit state at all times for efficient service:
(e.)	He shall at all reasonable times have free access to any building or premises for the purpose of ascertaining and reporting on any infringement of the laws against storage of gunpowder, dynamite, or other dangerous explosive, or of kerosene or other inflammable material or matter, or as to the storage of empty crates, cases, and other packages, sawdust, shavings, hay and straw, either in packages or loose:
(f.)	He shall at all times have free access to all theatres and other buildings used or intended for purposes of public entertainment or of public concourse and to all build- ings or premises concerning which provision is made in this Act or in the regulations, in order to report to the Board whether all laws and regulations for prevention of and escape from fire are being duly observed:
(g.)	He shall attend the Board at all times when required to do so, and shall make all such inquiries and reports as the Board may direct ; and
(h.)	He shall send by post or otherwise to all the insurance companies within any district notice of all fires which have taken place within such district in such form as may be agreed upon between the Board and the said companies or as may be determined by regulation.

Duties and powers	38, For the purpose of extinguishing any fire, the Chief Officer
of Chief Officer, etc.,

at fires.	of the District Fire Brigades or any officer of a district brigade
Viet., No. 1200 of	appointed generally or specially for the purpose by the local com-
1890, s. 38.	mittee of the sub-district, with the approval of the Board, shall per- form the following duties and may exercise the following powers (that is to say) :—

(a.) He shall with all possible speed proceed upon the first alarm to the place where the fire is, and shall endeavour by all practicable means to extinguish the fire and save all property in jeopardy :

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

(b.)	He shall have the control and direction of any brigade or brigades present at any fire and of any persons who voluntarily place their services at his disposal :
(c.)	He shall have authority, either alone or with others under his command, to enter into and if necessary to force open any outer or inner doors of any house or premises which may be on fire or in the near neighbour- hood of any fire, for the purpose of taking any steps which he may deem necessary for the extinguishment or for the prevention of the extension of a fire, and he may take or give directions for taking any hose engine or other apparatus required to be used at a fire into, through, or upon any house, laud, or premises which he may consider convenient for the purpose:
(d.)	He may take any measures which appear to him neces- sary or expedient for the protection of life and prop- erty, and may cause any houses, buildings, or tenements to be entered, taken possession of, pulled down, or other- wise destroyed for the purposes of extinguishing or preventing the spread of fire :
(e.)	He may cause water to be shut off from any main or pipe in order to obtain a greater pressure and supply of water for the purpose of extinguishing any fire ; and no person or body having the management of any water supply shall be lial le to any penalty or claim by reason of any interruption in the supply of water occasioned by compliance with the provisions of this section :
(f.)	He may cause any street or thoroughfare in the vicinity of any fire to be closed for traffic during the continuance of any fire :
(g.)	He may remove or order any member of any fire brigade or any member of the police force present at any fire to remove any persons who interfere by their presence or otherwise with the operations of the brigade, and generally may take any measures which appear ex- pedient for the protection of life and property :
(h.)	He may at any time pull down or shore up any wall or building damaged by fire that may be or may be likely to become dangerous to life or property.

Regulations.

39, The Governor may as to the whole or any part ofWestern Power to make

Australia make regulations for all or any of the following pur- regulations.	Viet, No. 1200 (.f
poses :—	1890, s. 39.

(a.) For regulating the business and proceedings at the

meetings of the Board and of committees appointed by

them and of local committees :

1909, No. 51.] District Fire Brigades. [9 EDW. VII.

(b.) For the examination, appointment, suspension, and re- moval of officers and servants, and for regulating the duties, conduct, and remuneration of such officers and servants :

(c.) For the establishment and maintenance of fire brigades and for the payment of salaries or wages to members thereof:

(d.)

For the training of the men belonging to any brigade :

(e.)

For the payment of compensation in cases of accidents to members of brigades, or where death ensues there- from to their wives and families:

(f.)

For paying gratuities in respect of voluntary or special services rendered in connection with the extinction of fires or saving of life or property at fires or for special services rendered to any brigade, whether by members of the brigade or by other persons:

(g.)

For fixing allowances to be paid to volunteer fire

brigades for special services at fires :

(h.)

For permitting, when occasion requires, any portion of a brigade or any of its officers or men or engines, escapes, or other property to proceed or be taken beyond the limits of any district for the purpose of attending fires :

For dividing any district into sub-districts and for establishing stations and companies or divisions of brigades :

For ensuring discipline and good conduct amongst mem- bers of brigades, and for ensuring their speedy attend- ance with engines, fire-escapes, and all necessary ap- paratus and implements on the occasion of any alarm of fire, and generally for the maintenance of brigades in a due state of efficiency :

(k.) For the enrolment and registration of all permanent fire brigades, volunteer brigades, municipal brigades, insurance companies' brigades, private brigades, or brigades established or formed under any other de- scription whatever, and also for prescribing the various engines, apparatus, and appliances for the extinguish- ment of fire and the saving of lives at fires to be kept and maintained by all such brigades:

(1.) For prescribing the various apparatus and appliances for saving life at fires to be kept and maintained at hotels, inns, coffee houses or coffee palaces, houses of entertainment, factories, warehouses, stores, offices, and banks, theatres, opera-houses, concert-rooms, music or assembly halls, skating-rinks or other places of public amusement :

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

(m.) For regulating and controlling the carriage of members of brigades and their engines, apparatus, and appliances to and from fire brigade demonstrations and com- petitions, and for the regulation of all fire brigade demonstrations and competitions :

(n.) For establishing a salvage force :

(o.) For regulating the charges to be made for use of plant and services of salv age force after extinction of fires :

(p.) For prescribing the uniforms to be worn by the various grades and classes of firemen when on duty :

(q.) For regulating the storage of empty crates, cases, and other packages, sawdust, shavings, hay and straw, either in packages or loose:

(r.) For regulating the conduct of all elections, the prepara- tion of rolls of brigades entitled to vote thereat, the mode in which nominations shall be made and polls taken thereat, the form of voting papers, the mode. in which brigades shall vote, and generally all matters whatsoever necessary for the proper carrying out thereof :

(s.) For defining the powers and duties of local committees and the furnishing of the Board with reports and re- turns by such local committees both periodically and when required by the Board :

(t.) For managing and regulating the distributing of all revenue received under the provisions of this Act:

(u.) For registering insurance companies, their agents or re-

presentatives :

(v.) For altering the date prescribed by this Act for the doing or performance of any duty to any other date

(w.) And for such other purposes as the Governor may, by proclamation, order, and generally for the purposes of carrying into effect the objects of this Act.

(x.) For imposing penalties for breaches of regulations, the maximum penalty in any case not to be fixed at a greater sum than Twenty pounds

published in the " Government Gazette," shall be valid in law as Parliament. 40. (1.) All regulations, when made by the Governor and To be laid before

Viet., No. 1900 of

if the same were enacted in this Act.

1890, s. 10.

(2.) After the first meeting of the Board all regulations shall

be prepared by the Board and submitted to the Minister for

approval prior to being made by the Governor.

1909, No. 51.] District Fire Brigades. [9 EDW. VII.

(3.) All regulations shall, within one mouth after the mak- ing thereof, be laid before both Houses of Parliament if Parlia- ment is then in session, or if not then within fourteen days after the commencement of the next session of Parliament.

Financial Provisions.

Proportion of value	41. (I.) All property vested in the Board under section twenty-
of vested property

to be paid by in- seven shall be held by the Board subject to all incumbrances.

surance companies. (2.) The insurance companies shall pay to the Board on

demand one-third of the value of all property vested in the Board,

by subsection one of section twenty-seven.

(3.) Such payment by the insurance companies shall be made

by each insurance company providing such sum of money as shall amount to the pro rata proportion of such payment, calculated in manner hereinafter provided for the annual contribution towards the expenditure of the Board.

(4.) Any question or dispute that may arise between the

Board and any local authority or insurance company shall be sub- mitted to arbitration under the provisions of the Arbitration Act, 1895.

Annual estimate of

expenditure' 42. Before the thirty-first day of January in every year, or

within such extended time as the Governor may approve, the

s. 41. Board shall prepare an estimate of the probable expenditure which may be necessary to be incurred in the execution of this Act within each district during the then current year between the first day of January and the thirty-first day of December ; but no estimate shall exceed in any one year such limit as may from time to time be fixed by the Minister nor have any force or effect until approved by the Governor.

Contribution 43. (1.) Towards the annual expenditure so estimated a sum

towards

expenditure.

equal to the whole of such estimated expenditure in each district

/bid. s. 42.

shall be contributed annually in the portions hereinafter set out and

be paid to the Board as follows, namely, by--

(a.)	The Colonial Treasurer, out of the consolidated revenue, which is hereby appropriated for that purpose accord- ingly ;
(b.)	The local authorities whose districts are within or partly within the fire district : Provided that the Governor may exempt any municipality from liaility to contribute: Provided, also that a road board shall not be liable to contribute unless the Governor so orders, and by such order the liability to contribute may be restricted to a prescribed area of the road district.
(c.)	The insurance companies insuring from fire property situated within the district. For the purposes of this Act, every such company shall include as well the company itself as its agent or agents.

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

(2.) The Colonial Treasurer shall contribute one-fourth of

the amount of such annual estimated expenditure, the said muni- cipalities three-eighths thereof, and the said insurance companies three-eighths thereof.

(3.) The amounts to be so contributed shall in all cases be

paid by equal quarterly payments on the thirty-first day of March, the thirtieth day of June, the thirtieth day of September, and the thirty-first day of December respectively in each year, such pay- ments to commence on such day as may be determined by the Governor and notified in the " Government Gazette."

44. As to the annual contribution payable by the local authori- ties whose districts are within or partly within any fire district, the	Contributions of local authorities,
how ascertained.
following provisions shall apply, viz. :—	Viet., No. 1200 of

(a.) The amount of the proportion of such contribution to 1890, s. 413.

be paid by each such local authority shall be a pro rata proportion of such contribution calculated upon

the amount which would be recoverable under a general rate levied at the maximum amount upon rateable property in the municipal district or road district, or such portion thereof as is within the fire district, as shown by the latest municipal or road board assessment thereof :

(b.)	The amount of the contribution payable by each local authority shall be absolutely determined by the Board, and shall be so fixed as to produce upon the aggregate of such contributions the whole amount of the contri- butions to be provided by the said local authorities.
Every local authority and every officer thereof shall, when so requested by the Board, permit the Board and its officers to inspect the books of the local authority, and furnish the Board with any information relating to such local authority necessary in order to enable the Board to determine the amount of such contribution.

The amount of any contribution payable under this Act by any local authority may be paid out of the annual general rate:

Contributions of

local authorities to

form part of rate.

Provided that if the liability of a road board to contribute is restricted to a prescribed area of its district the board may increase the general rates payable in respect of ratable property in such area within the statutory limit of the general rates.

45 .

46. (1.) For the purpose of ascertaining the sum of money Returns by insur-

or contribution to be paid by each insurance company, every such	ance eompanies.
company shall annually, before the twenty-eighth day of February,	/bid., s. 45.
or at such other time as the Board may from time to time direct, transmit to the Board a return showing the total amount of the premiums received by or due to such company dur- ing the year preceding the return in respect of the amount held at risk by such company during the whole or any part of that year.

1909, No. 51.] District Fire Brigades. [9 Enw. VIT.

(2.) Such premiums shall be the gross premiums received

by or due to such company in respect of all property situate within the district insured from fire by such coinpany, and shall be reckoned so as to include any commission or discount, but to ex- clude any portion of such gross premiums actually paid away by way of re-insurance effected in Western Australia with any other company contributing under this Act.

(3.) To every such return there shall be annexed a statutory

declaration by the manager. secretary, or agent or other officer per- forming the duties of manager, secretary, or agent of such com- pany that according to the books thereof, and to the best of his knowledge and belief, the said return contains a true account and statement of the amount of such premiums.

(4.) If any such company makes default in transmitting

such return and declaration, or furnishes an incorrect or incom- plete return, such company shall be liable to a penalty of not more than five pounds for every day during which it is so in default.

Amount of contri-	47.	(1.) The contribution of the whole of the insurance com-
bution by individual

insurance	panies shall be made by each of the said insurance companies
companies how to	providing annually, by quarterly payments, such a sum of money
be ascertained.
Viet., No. 1200 of	(not being less than ten pounds per annum) as shall amount
1890, s. 46.	to the pro rata proportion of such contribution calculated upon the amount of the premiums received by or due to such company during the past year in respect of risks held by such company on property situate within any district as may appear by the return hereinbefore provided for.
(2.) Such sums of money shall be absolutely determined by the Board, and shall be so fixed at such amounts as shall produce, upon the aggregate of such sums of money payable for each such district by all the said insurance companies, the total amount .of the contribution to be provided by the whole of the insurance com- panies for the year.

insurance company The manager, secretary, agent, OA' other officer hav-

to permit books to 48. ( 1. )

be inspected.	ing the custody of the books and papers of any insurance company
Ibid., s. 47.	shall allow any officer appointed by the Board to inspect, during the hours of business, any books and papers of such company, and to make extracts therefrom in order to verify any return or declaration made in pursuance of this Act.

(2.) Any such manager, secretary, agent, or other officer as

aforesaid who fails to comply with the requirements of this section

shall be guilty of au offence against this Act.

(3.) Provided that, except for the purpose of a prosecution

for an offence against this Act, all such returns and all information obtained and all extracts made in order to verify such returns shall be kept secret by the Board and every member thereof. and by every officer and person appointed thereby ; and every person

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

guilty of non-observance of the secrecy hereby required shall be liable, on conviction, to a fine of not less than twenty pounds and not exceeding fifty pounds, or to imprisonment, with or without hard labour, for not more than three months.

49. If any local authority or if any insurance company liable Further contribu- tion for delay in

to contribute under this Act fails to pay any quarterly payment

payment of contri-

prescribed by this Act within twenty-eight days after it becomes

bution.

due, such local authority or insurance company (as the case may be)

Ibid., s. 18.

shall be liable to a penalty of not more than twenty pounds, 'Ind also to a further penalty of two pounds for every day during which such failure to pay continues.

50 . (1.) In the event of any lire brigade attending a fire in which there is interested any insurance company which has failed

Insurance

companies to

contribute in certain

or omitted to make any quarterly payment under this Act within

eases.

the prescribed time, it shall be lawful for the Board to levy such

Viet., No. 1200 of

charges for such attendance as the Board may deem adequate.

1800, s.

(2.) Such charges may be recovered from the owner or occu-

pier of such property in any court of competent jurisdiction, and shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the said prope rty,notwith- standing any clause or condition to the contrary in any such policy; and every such occupier, unless he is under contract or agreement with the owner thereof to insure such property, shall be entitled to deduct all charges so paid by him and all costs and expenses in- curred by him in relation thereto from any , rent then due or there- after accruing due to such owner, or to recover the same from such owner in any court of competent jurisdiction.

(3.) Unless otherwise prescribed by regulations, such

charges shall not exceed the charges set forth in the Second

Schedule to this Act.

Second Schedule.

51. If in any year the amount received by the Board from Supply of deficit in any year and appro-

contributions under this Act falls short of the expenditure based	priation of any
upon the estimate for the year, then the deficit shall be added to	surplus.
the estimate of expenditure for the ensuing year, and the rate of	Ibid., s. 50.
contributions increased proportionately ; but if the amount re- ceived by the Board in any year from contributions under the Act exceeds the expenditure based upon the estimate for the year, then the excess shall be treated as a credit in favour of the esti- mated income of the ensuing year, and the rate of contribution for the said ensuing year reduced proportionately.

52. For the purpose of supplying funds to enable the Board to Advance from

commence operations, it shall be lawful for the Colonial Treasurer	Treasury.
to advance, out of the consolidated revenue, to the Board a sum not	Ibid., s. 51.
exceeding one thousand pounds, which sum shall be set off against any accruing contribution from the consolidated revenue pro- vided by this Act.

1909, No. 51.] District Fire Brigades. [9 EDW. VII.

(1.) The Board, with the consent of the Governor, may pounds) as the Board deems necessary in order to enable the Board to carry out and perform the powers, authorities, and duties vested in or conferred or imposed upon the Board by this Act and shall have power, with the like consent, to issue debentures under the seal of the Board for the amount so borrowed together with interest thereon at a rate not exceeding six per centum per annum.

Board may borrow 53.

moneys. from time to time borrow such moneys (not exceeding five thousand

s. 52.

(2.) 'the amount so borrowed, with interest thereon, shall, subject to any existing charge on property vested in the Board under section twenty-seven, be a first charge upon all the property of the Board, and the Governor may make regulations prescribing the form of such debentures, and the term for which they may be issued, and the mode in which a sinking fund may be formed for the purpose of paying off such debentures, and the amount or rate of the periodical or other payments to be made into such sinking fund.

(1.) The accounts of all moneys received and disbursed Auditor General, who shall have in respect to such accounts all the powers conferred on him by any law now or hereafter to be in force relating to the audit of the public accounts.

Audit of accounts. 54.

via., No. 1200 of	by the Board shall be audited once at least in every year by the
1890, s. 53.

(2.) The Board shall, once at least in every year, furnish to

the Governor and to each of its constituent bodies a true copy of the accounts so audited as aforesaid, together with a particular statement of all moneys received and of the expenditure thereof by such Board or local committee.

(3.) Copies of such accounts and of such statements shall,

within one month after the making thereof, be laid before both Houses of Parliament if Parliament is then in session, or if not, then within fourteen days after the commencement of the next session of Parliament.

General Provisions.

Brigades to be 55.

All brigades already established or hereafter to be estab- be registered in such manner and subject to such conditions as may be prescribed by the regulations, and shall be subject to in- spection by any officer of the Board or of a local committee.

registered, etc.	lished shall conform to the laws affecting such brigades, and shall
Ibid., s. 54.

Forthwith after the coining into operation of this Act,

Certain associations 56.

to supply certain	and in the month of January in the year one thousand nine hundred
information to
Minister.	and eleven, and in the same month in each year thereafter, all
Ibid., s. 55.	brigades shall lodge in the office of the Minister (or if the Gover- nor so directs in the office of the Board) a copy of their rules or articles of association and a list of their members and executive officers; and from time to time the said brigades shall supply to the Minister or the Board such other information as the Minister or the Board may respectively require.

9 EDW. VIET District Fire Brigades. [1909, No. 51.

Any damage to property caused by the Chief Officer or the deputy or assistant Chief Officer or by any member of any	Damage done to be
within policy.
brigade or by any brigade in the lawful execution of any power	/bid., s.
conferred by this Act shall be deemed to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged notwithstanding any clause or condition to the contrary in any such policy.

57.

(1.) The Board may, if it thinks fit, establish and main- tain a force of men charged with the duty of attending at fires and

Establishment of

salvage force.

Viet., No. 1200 of

saving property, and it shall be the duty of every brigade, with the

1890, s. 57.

sanction of the Board or local committee (as the ease may be) and subject to the regulations, to afford the necessary assistance to that force in the performance of their duties, and upon the application of any officer of that force to hand over to their custody property that may be saved from fire.

(2.) No charge shall be made by the Board or by any local committee for the services thus rendered during the progress of a fire.

58.

It shall not be lawful for any person to constitute or main- tain a salvage corps or a fire brigade for the purpose of salvage of	Restriction as to establishment of
salvage corps.
property at fires or of extinguishing; fire within any municipal district or road district, or at any port or place to which this Act applies outside premises or land owned or used by such person, or at or on which such person is employed, unless such corps or brigade is constituted by the Board or is authorised by the Board to act as a salvage corps or fire brigade. Any person who acts in contravention of this section shall be liable to a penalty not exceeding twenty pounds.

59.

Every turncock employed by a water authority shall forth- with, on any fire occurring within the district allotted to him,

Turneoas to attend

fires.

proceed with all possible speed to the fire, and assist by all means in

his power the ensuring of a copious supply and service of water.

60.

Every company or person supplying gas or artificial light to any premises on fire shall forthwith send some competent person

Disconnection of

igiagshtor artificial

to shut off or disconnect the supply of gas or artificial light to such

premises or to any building or land adjoining such.

61.

Any person who wilfully obstructs or interferes with the superintendent or any member of any fire brigade, or with any	Interfering with superintendent or
members of She
person acting under the authority of the Board or the superinten-	brigade or dumag-
dent, or who injures or destroys any building, engine, reel, hose,	iz;gan•operty of
pipe, ladder, or other thing belonging to the Board, or remains in any building belonging to the Board after being ordered by the superintendent to quit the same, or who retains possession of any property belonging to the Board after being ordered by the super-

62.

1909, No. 51.]District Fire Brigades. M EDW. VII.

intendent to give it up, shall be liable to a penalty of not less than Two pounds and not exceeding Twenty pounds, or may be im- prisoned for any term not exceeding two years, with or without hard labour, and shall also be liable for, and may be ordered to pay, the estimated damage.

Any person who wilfully covers up or encloses any fire- plug so as to render its position difficult of identification, or shall obliterate any mark, sign, or letter used for the purpose of dis- tinguishing the position of any fire-plug, or in any manner injure or tamper with any fire-plug, stand-post, or pillar-hydrant, shall be

Penalty for cover- 63.

ing up fire-plugs or

injuring hydrants.

liable to a penalty not exceeding Fifty pounds.

From and after the date of the coming into operation of this Act, no fire hydrant shall be placed on or under the surface of any street, path, or roadway, except by or with the sanction of the Board, but instead thereof proper stand-post or pillar-hydrants shall be fixed in conspicuous places on or near the kerbing of the street or roadway.

Use of pillar 64.

hydrants instead of

fire-plugs.

Tampering with fire 65.

Any person who tampers or interferes with any fire alarm or other signalling apparatus, or gives a false alarm of fire, shall be liable for the first offence to a penalty not exceeding five pounds or seven days imprisonment, and for any such subsequent offence shall be liable to imprisonment for a period not exceeding six months, with or without hard labour, and without the option of a fine.

alarms and signal-

ling apparatus.

Failure to deliver	66.	Where any officer, fireman, or other person who has been
up any premises in

occupation by officer

employed by the Board in any capacity, and has resigned or been

or fireman.

discharged, continues to occupy any premises belonging to the

Board, or to the possession whereof the Board may be entitled, after

notice in writing from the Board to deliver up possession thereof, it shall be lawful for any Magistrate, on the oath of one witness stating such notice to have been given, by warrant under his hand, to order any police constable to enter into such premises, and to remove such officer, fireman, or person, and his family and servants therefrom, and afterwards to deliver the possession thereof to the

Board as effectually to all intents and purposes as the Sheriff having

jurisdiction within the place where such premises are situate might

lawfully do by virtue of a writ of possession.

Detention of Board's 67.

The superintendent or any officer, servant, or agent of the Board, if authorised in writing by the Board, may enter, and, if necessary, break into any place where any property of the Board is detained contrary to the order of the superintendent or of the Board, and may remove the same.

property.

Any person hindering or obstructing the superintendent or

any such officer, servant, or agent in so entering or breaking into

any such place shall be liable to a penalty not exceeding Thirty

pounds.

District Fire Brigades. [1909, No: 51.

68.      In order to avoid noise and the consequent confusion, Telephonic

telephonic communication wherever available shall be used to give communication to	be used.
alarm of fire and to summon firemen.	Ibid., s, 58.

69.      Upon the Chief Officer certifying that efficient and vain- Rewards to

able service has been rendered by any-brigade or by any member brigades.

thereof at any fire, the Board may, in its discretion, pay to such mid- s ' 59.

brigade by way of bonus or by way of subsidy for such time as

such Board thinks desirable such sum as such Board may by reso-

lution determine, and may likewise reward any individual mem-

ber of any brigade.

(1.) Any person who is not a member of a duly registered fire brigade, or who is not acting under the control or direction of

Removal of persons

not members of

recognised fire

any officer of a brigade, may be ordered by any officer of fire

brigades from

brigades or by any member of the police force to withdraw from

burning premises.

70.

s. 60.

any premises then burning or which are threatened by fire, and

thereupon such person shall withdraw from such premises.

(2.) If such person neglects or refuses to so withdraw, he may- be forcibly removed by order of any such officer.

The Board, its officers and servants, any local com- mittee, its officers and servants, and any brigade registered under	As to rights to
water forextinguishing fires
this Act shall have the use of all water mains, water plugs, valves,	and for practice, etc.

71.

pipes vested in or belonging to any Water Board or any public or	s. 61.
municipal corporation or local body whatsoever, and of all water therein or in any well or tank, free of charge, for the purpose of extinguishing any fire, or for the purpose of drills, competitions, and practice conducted under the authority of the Board or any local committe.

(1.) Subject to regulations, the Board or any local com- mittee may grant an authority in writing or in print to any person

Penalty for solicit-

for brigades without

ing contributions

to collect contributions or subscriptions for the purposes of any

authority.

brigade, and may at ally time call in or cl neel such authority.

Viet., No. 1200 of

1890, s. 62,

(2 ) Any person not duly authorised in that behalf by the Board or local committee who solicits contributions or subscrip- tions for the purpose of any brigade shall on conviction thereof be guilty of an offence against this Act.

72.

(1.) Every member of the police force present at any fire shall support and assist the Chief Officer or any officer in charge

Police to aid fire

brigades.

of a brigade in the maintenance of his authority and in enforcing

Ibid., s. 63.

due obedience by all persons to his orders in the execution of his

duty.

(2.) All members of the police force are hereby authorised

and enjoined to aid fire brigades in the execution of their duties.

73.

1909, No. 51.1 District Fire Brigades. [9 EDW. VII.

They may close any street in or near which a fire is burning, and they may of their own motion or on the request of the Chief Officer or officer in charge of a brigade remove any persons who interfere by their presence or otherwise with the operations of the brigade.

Permission for fire 74. No fire brigade demonstration shall be held unless the

brigade demonstra- permission of the Board is first obtained and published in the

tions.

Ibid., s. 64. " Government Gazette."

Hotels, theatres,	75. (1.) The owner or occupier of every hotel, inn, coffee
etc., to keep life-

saving apparatus,	house or coffee palace, or house of entertainment whatever, and of
etc.	every factory, warehouse, store, office, or bank exceeding two
Ibid., 8. 65.	stories in height, and of any other building specified by the Board, and the owner or occupier or the manager, trustees, or other per- sons by whose authority any theatre, opera-house, concert-room, music or assembly hall, skating rink, or other place of public amusement is kept open, shall provide and keep in a fit state for use all such appliances and apparatus for the prevention of and escape from fire as shall be required by any regulation.
(2.) Non-compliance at any time with this provision shall render the said owner or occupier, manager, trustees, and other persons liable to a penalty not exceeding twenty pounds and to a further penalty not exceeding five pounds for each day during which he or they shall neglect to provide and maintain the pre- scribed appliances and apparatus after he or they shall have re- ceived a written notice from the Chief Officer of the district of the absence of such appliances and apparatus.

(3.) In the case of an hotel or inn, in addition to the pecu-

niary penalties incurred, if the licensed victualler neglects to supply such appliances and apparatus for the period of seven days after receiving such notice, the licensing court may direct the licensed premises to be closed until such appliances and apparatus have been supplied to th sat isfaction of the Chief Officer of the district.

Hoard to furnish	76. The Board shall from time to time furnish the Central
information to

Central Board of	Board of Health with information and recommendations as to the
Health.	requirements for the prevention of and escape from fire in hospitals,
Viet., No. 1200 of	asylums, theatres, opera-houses, concert-rooms, music or assembly
1890, s. 67.
halls, skating-rinks, churches, chapels, or any building, structure, or other place in which numbers of persons are occasionally assembled.

Payment of	77. (1.) The owner of any uninsured house or building, and
expenses where

house and property	the owner of any uninsured personal property which may be there-
uninsured.	in at the time of a fire therein or thereof, shall (subject to the

Ibid., s. 68. limitation in the next subsection) be liable to pay to the Board the Second Schedule. approved expenses and charges incurred by any brigade under the

control of the Board in attending such fire mentioned in the Second

9 Elm. TT. District Fire Brigades. [1909, No. 51.

Schedule or such expenses and charges as may be determined by regu- lation, and in default such expenses and charges may be recovered by action or in a summary way.

(2.) The expenses and charges payable by any owner pur-

suant to this section shall in no case exceed one-eighth of the actual value of the house, building, or property, and such expenses and charges shall be rateably apportioned between the owner of the uninsured house or building and the owner of the uninsured per- sonal property, according to the respective values of the house or building and the personal property and the amount of the damage caused by the fire.

Provided that the owner of an uninsured house or building the full insurable value of which does not exceed fifty pounds shall not be liable to pay or contribute to any such expenses or charges under this or the preceding subsection.

Provided also that the owner of the uninsured personal property, the full insurable value of which does not exceed thirty pounds, shall not be liable to pay or contribute to any such expenses or charges under this or the preceding subsection.

(3.) In any action or proceeding to recover moneys payable

under this section it shall be sufficient to allege that the Board has made a determination fixing the amount payable by the defendant, and the onus of proving the contrary shall be on the defendant.

(4.) In the event of a fire occurring in an uninsured house

or building wherein is personal property which is insured, the whole of the.expenses and charges payable under this section shall be borne and paid by the owner of such uninsured house or building, subject however, to the second proviso in subsection two of this section.

(5.) The owner of any uninsured personal property not in

any house or building at the time of a fire of such personal property shall (subject to the limitation in subsection (2) of this section) be liable, if such fire originated in such personal property, to pay to the Board the expenses incurred by the fire brigades in attending such fire and the charges mentioned in the Second Schedule, and in default such expenses and charges may be recovered by action or in a summary way.

(6.) If any person is wholly insured by an insurance com-

pany carrying on business outside Western Australia and not being a contributory under this Act, such person shall be deemed the owner of an uninsured house or building, and if such person is partially insured as aforesaid he shall be deemed the owner of an uninsured house or building in the proportion which the amount insured by a non-contributing company bears to the whole amount of insurance effected on such house or building.

1909, No. 51.1 District Fire Brigades. [9 EDW. VII.

(7.) The Government shall not, under any circumstances,

be liable to pay the expenses and charges referred to in this

section.

(S.) In this section and in any regulations-

" Uninsured house " shall mean a house or building which is not insured with an insurance company liable to contribute under this Act:

" Uninsured personal property " shall mean personal property which is not insured with an insurance com- pany liable to contribute under this Act.

No charge shall be levied under this section if the owner or owners of the house or building or personal property satisfies the Board that no insurance company carrying on business in the district would accept au insurance over such property at a reasonable rate. The decision of the Board as to what constitutes a reasonable rate shall be final.

(9.)

(10.) Expenses under tins section shall include payments made to men employed at special rates on special occasions.

Powers of agents. 78. Any agent may deduct from any moneys held by him for

Vict., No. 1200 of	any insurance company all expenditure necessarily or properly in-
1890, s. 69.	curred and paid by him under this Act for or in respect of any in- surance company for which he is the agent, or he may in any court of competent jurisdiction recover from any insurance company the amount so incurred and paid.

Power of agents to 79. Any agent may deduct from any moneys held by him for deduct payments his principal all charges, costs, or expenses necessarily or properlymade for owners.

urred and paid by him under this Act as owner of any houses,

inc

Ibid. s. 70, ,

lands, or premises for which he is the agent of such principal, or he may in any court of competent jurisdiction recover from such prin- cipal the amount so incurred and paid

Any trustee being owner of any houses, lands, or premises may apply any of the funds under his control in defraying any charges, costs, or expenses necessarily or properly incurred by him under this Act as such owner.

Power of trustees. 80.

Ibid., s. 71.

information a to 81. ( 1. ) The owner of a house or building where a fire occurs

Owner to give

insurance. shall, on being requested so to do by any member of the Board, or by

Vict., No. 1200	of the Chief Officer or any other officer of the Board, inform such mem- ber or officer whether such house or building is insured or uot, and at the like request shall furnish such member or officer with full particulars of the insurance (if any) thereon, including the name of the company with which the insurance is effected and the amount of such insurance.
1890, s. 72.

9 EDW. VII.] District Fire Brigades. [1909, No. 51.

(2.) The owner of any personal property which may be in

any house or building or on any premises where a fire occurs, or which may be destroyed or damaged by fire, shall at the like ure- quest give the like information and furnish the like particulars as are required to be given with respect to a house or building as here-, inbefore provided.

(3.) Any person who refuses to comply with any such re-

quest as aforesaid, or who wilfully gives any false information, or who wilfully gives any incorrect particulars with regard to such in- surance as aforesaid, shall on conviction be liable to a penalty not exceeding twenty pounds.

82. The Board or the Chief Officer thereof may cause the debris Debris of fire may

and also any building or premises where any fire has occurred, be searched.

and every part of such building, to be searched, and may remove

s.73,

and keep possession of any materials which may tend to prove the

origin of such fire.

83. (1.) The Board may make such inquiry as it deems expedi-	inquests as to fires.
Board may hold

ent concerning the cause and origin of any fire whereby any house,

Ibid s. 74.

building, or personal property may have been destroyed or

damaged.

(2.) For the purposes of any such inquiry each Board shall

have all the powers of a coroner under the Fire Inquiry Act, 1887,

and may hear, receive, and examine evidence.

(3.) Such inquiry shall not be deemed to be in substitution

for any inquiry made by any coroner or justices pursuant to any

law heretofore in force.

84. All contributions, whether from any local authority or any Action for recovery

insurance company, shall be recoverable by action either in the of contributions. u

Thia s. 75.

Supreme Court or any Local Court, whatever the amount sought to be recovered.

85. Where an insurance company is not incorporated or has

Unincorporated

company may be

no public officer the proceedings, whether for any contribution or

sued in name of

any penalty, may be taken against the company in the name of the

manager, etc.

firm or of the manager, secretary, or agent of such insurance com-

rota s. 76.

pany, in which case judgment against such firm, manager, secre-

tary, or agent shall bind the property of such insurance company.

86. All orders, directions, notices, and documents whatever Documents signed

purporting to be issued or, written by or under the direction of the y	by_ presidentbe	ident to b
evidence.

Board and purporting to be signed by the president of the Board Ibid s. 77.

shall be received as evidence in all courts of law, and shall be

deemed to be issued or written by or under the direction of the

Board without further proof unless the contrary be shown.

1909, No. 51.] District Fire Brigades. [9 EDW. VII.

Penalty for offences. 87. Any brigade or any person disobeying or failing to com-

via., No. 1200 of ply with any provision of this Act shall be guilty of an offence

1800, s. 78.

against this Act, and if no penalty be specially provided therefor shall be liable to a penalty not exceeding ten pounds, and to a fur- ther penalty of not more than one pound for each day such offence is continued after any conviction therefor.

Recovery of 88. Any penalty incurred or made payable under or pursuant

penalties. to to this Act or under any regulation made under this Act may be

s. 79.

recovered by any officer of the Board or by any person authorised in

that behalf by the Board.

9 EDW. VII.]	District Fire Brigades.	[1909, No. 51.
SCHEDULES.

First Schedule. Section 4.

Name of Fire District. Boundaries.

South-West District	Boundaries corresponding with the bound- aries of the South - West Division of Western Australia, as prescribed by the Land Act Amendment Act, 1906.
Central District ...	Boundaries corresponding with the bound- aries of and to include the Central and Eucla Divisions, the North - West Division, the Kimberley Division, and the Eastern Division of Western Aus- tralia as prescribed by the Land Act Amendment Act, 1906.

Second Schedule. Sections 30, 77.

Scale of Expenses and Charges allowed for Attendance at any Fire.

£ s. d.

For the Chief Officer for first hour ... ... ... ... 1 1 0

For the Chief Officer per hour for each succeeding hour, day or night... 0 10 0

For use of steam engine ... ... 5 0 0

For use of manual engine ... 2 10 0

For the two first reels in attendance at any fire ... ... 2 10 0

For each fireman and turiacock, when called out to any fire, day or

night, for the first hour ... ... ... ... ... ... 0 5 0

For each fireman when called out to any fire, day or night, for the

second hour ... ... ... ... ... ... ... ... 0 3 0

For each fireman when called out to any fire, day or night, for each

succeedinghour ... ... ... ... ... ... ... 0 2 0

For each horse, taking a reel to and from any fire, day or night ... 0 10 6

For cleaning and drying the hose, and taking it to and from the drying

yard after each fire, for each hand reel ... ... ... ... 0 10 0

For cleaning and drying the hose, and taking it to and front the drying

yard after each fire, for each horse reel ... ... ... ... 0 10 0

For every horse and cart attending any fire ... ... ... ... 0 10 0

For first notice of fire to the Chief Officer at his residence ... ... 0 5 0

For wages for each extra man engaged by the Chief Officer at any fire,

day or night--

For the first hour ...	0	2	0
For the second hour	0	1	6
For each succeeding hour ...	0	1	0

By Authority: A. Corms, Acting Government Printer, Perth.