Fire Brigades Act 1882 (SA)
SEXTO
A.D. 1882.
No. 273.
An Act to provide for the establishment of Firc Brigades.
IIEREAS it is desirable to provide for the protection of Preamble.
W property against loss or damage by fire, and for such pur- Brigades-Bc it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:
pose to | for the establishment and maintenance of Fire |
1, This Act may be for all purposes cited as theL' Fire BrigadesShort title.
"O~.lvner," when used in relation to any house, rnessuage, or tenement, land, or other property, shall mean the person in actual occupation of the samc, but if the sitme shall be un- occupied then the person entitled to receive the rents thereof, | other person: " hsurance | either on his own account or as agent or trustee for some |
Act, 1882."
2. I n the construction and for the purposes of this Act the wordsIntewretation.
and expressions following shall have the meanings hereinafter
respectively assigned to thcm, unless thcre bc something in the
subject-matter or context repugnant thereto, that is to say-
" Board " shall mean the Fire Brigades Board appointed under
the provisions of this Act:
" Superintendent " shall mean any superintendent or Deputy
Superintendent, or other duly appointed officer in charge of
Fire Brigades appointed under the provisions of this Act:
45' & 46" VICTORIE, NO. 273.
Fire Brigades Act,-1 882.
Insurance Company" shall mean-
(a) | Any Company whether incorporated under the prb visions of the Companies Act, 1864," or by |
( b ) Any person, firm, body of persons, or co-partnership;
(c) | Any Company lawfully formed within the United |
Kingdom, any British possession, or any foreign fitate or colony, or the agent or representative of any such company who shall carry on the business of insuring against loss or damage by fire within the limits of any municipality or council within the said province:
The expressions " Municipality " and | Council " shdl have |
respectively the meanings assigned to them by " The Municipal Corporations
Act, 1880," and " The District Councils Act of l876 ."
In8uranco ~01npade8
3, Every Company now carrying on the busincss of insuring, or |
which shall hereafter carry on the business of insuring, against loss or damage by fire within the said province, shall obtain within thirty days after the passing of this Act from thc Registrar of Com-
Fee pyable. | panies a certificate of registration, and shall pay t o the said Regis- tmr the sum of F'ivc Pomlds Five Shillings for such certificate, and notice of such registration shall bc published in the |
l'malty for non- |
registration. | 4, Every Company or person who shall carry on such business as |
aforesaid without being registered as hereinbefore provided, shall forfeit and pay a sum not being less than Twenty Pounds, and a further sum of Five Pounds for every day during which default
shall bc made. |
Application of | 5, This Act shall apply to the Municipality of Adelaide: | Pro- |
vided t h ~ t | the Governor map, by Proclamatioll in the |
Gazcttc, on the application of any Municipality or District Council,and upon the recommendation of the Board, appoillt the 3Isyor of
any Municipality, or the Chairman of any District Council, and three other members of the Municipality or District Council, to bc a Local Fire Brigade Board: Provided always, that every Local Fire Brigade Board shall be subject to the control, and shall conform to and abide by all directions that may be received from the. Board.
Appointment of |
membors of | each and every year, appoint seven persons to be the Fire Brigade Roa,rd, two of whom shall be appointed on the nomination of thc Council of the Municipality of Adelaide, and three by the Fire Insurance Companies doing business within the Municipality of |
~delrtide:;
Fire Hrigndes Act.-1 882.
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Adelaide; and the members of such Board shall continue in office until their successors are appointed.
If the Council of the Municipality or the Fire Insurance Companies Failure of nomination | of members, Governor |
,&all fail to exercise their right to nominate a member or members
of the Board at any time within twenty-one days aftcr such right to
nominate shall occur, the Governor may appoint such person or pcr-
sons as he may think fit to be a member or members of the Boarcl.
If any vacancy shall occur in the Board by reason of any | i n Board, |
death, resignation, or removal of any member appointed on the how filled.
nomination of the Municipality or of the Fire Insurance Companies as aforesaid, or of any mcrnbcr appointed by the Governor by reason
of the failure of the Municipality or Fire Insurance Companies to
nominate, and the Municipality or Firc Insurance Companies shall fail
to nominate any other person or persons to be a member or members
in their place, within twenty-one days after such vacancy or vacancies
occurring, such vacancy shall be filled up by the Governor.
sontativos of Fire |
three Fire Insurance Companies shall convene a gencral meeting of | I~,,,,, | companies |
the representatives of the Fire Insurance Cornpanics doing busincss | ||
in the Province, and duly registered as aforesaid, for the purpose of | ||
their nominating three persons for appointment as mcnlbcrs of thc Board; and in the month of December of every subsequent year for the like purpose. |
Upon the first appointment of | seven members as aforesaid the I n c o ~ r a t i o n o f | Board. |
Board (of which three members shall be a quorum) shall become a corporation with perpetual succession and a common seal. I t
may sue and be sued, plead and be impleaded, in all Courts, both of'
Law and Equity, and before Justices, and may take on lease, pur-
chase, or otherwise acquire land, stations for engines, stables, houses
for firemen, a i d other buildings, and make such contracts as it may | think fit for carrying into effect the purposes of this Act, and may |
from tixue to time surrendcr, sub-lct, or assign any lcsses, or sell any | |
property acquired by or vested in them for the purpose of this Act. |
9. Upon the incorporation of the Board it shall have entrusted Duty of Board.to it the duty of extinguishing fires and protecting and savirig life
and property in case of fire, w d with a Giew to thc performance of that duty the Board shall provide and maintain a Fire Brigade and salvage corps, consisting of an efficient force of firemen, and furnish
them with all such fire-engines, homes, carts, hoses, accoutrements,
tools, telephones, and implements as may be necessary for the com-
plete equipment of the force, or conducive to the efficient perform-
3nce of their duties.
10. The Board Inay delegate any powers conferred on them by Delesatio. of power
this Act to a committee of | thcir body, and such committee shall, to |
the extent to which such powers are delegated, be deemed to be the Board within the meaning of this Act.
E L On
45' & 46" VICTORIE,NO. 273.
Fire Brigades Act.-1882.
..
the Liquidators of the Adelaide Fire Insurers' Association, Limited,
in all plant belonging to the Fire Brigade heretofore maintained under
the Act No. 9 of 1867, intituled " An Act to provide for the
appointment of
a Superintendent of Fire Brigades, and for other purposes therein mentioned," shall become vested in the Board, together with the fireescape heretofore purchased by the Corporation of the City of Adelaide jointly with Her Majesty's Government for the said province, but subject to all legal liabilities and obligations attaching thereto, and the said Liquidators shall be indemnified against all such liabilities and obligations.
contfi- |
bute to funds
in quarterly payments, on the first days of January, April, July, and | |
October in each year, out of the General Revenue of the province, | |
ments, on the first davs of Januarv. A ~ r i l, | July, and October in each |
year, but of the funis of the ~ k i & d i t y (which shall mean, as regards the Municipality of the City of Adelaide, the funds derived from extraneous sources beyond the city rates), a sum of money being one-sixth of the outlay of the Board in respect of the objcc& of this Act during the preceding three months, but so that the total amount to be paid during any ycar shall not exceed the sum of
Fivc Hundred Pounds.
Insurance Companies
payments, on the first days of January, April, July, and October in each year, by way of contribution towards three-sixths of the outlay of thk ~ o a r d, a k m (not being less than Ten Pounds | business within the province during the year ending the thirtieth day | of June, one thousand eight hundred and eighty-two, and thereafter, | |
in each succeeding year ending the thirtieth day of June, after the deduction of returns and re-insurances with Companies registered in pursuance of clause | |||
45" & 46" VICTORIW, No. 273
/
f i r e |
pyment is payable under clauses 12,
pounds, and by the Insurance Companies Three Hundred Pounds,
and such payments shall be calculated as payments on account of
tEleir contributions for the ensuing year.
any Municipality, Council, or Insurance Company may be recovered | |
in a summary manner. |
making | |
any return to be furnished by any Insurance Company as aforesaid, | |
he shall be liable, for every such offence, to a pcnalty of not less | |
than Twenty nor more than Fifty Pounds. |
return rcquired by this Act upon the clays appointed by the Board, | |
such lnsurance Company, for every such offence, shall be liable | |
to a penalty not exceeding Five Pounds for every day during the |
continuance of such default. | * |
and papers of any Insurance Company that is required to pay a | booke |
contribution to the Board in pursuance of this Act, shall allow any officer appointed by the Board to inspect, during the hours of business, any books and papers, and to make extracts from such books or papers, to enable him to verify any return or declaxations made in pursuance of this Act; and any secretary or other such officer as aforesaid of an Insurance Company failing to comply with the requisitions of this section in respect of such inspections and extracts shall be liable, on summary conviction, to a | |
penalty not exceeding Five Pounds for each offence. |
~ u e d |
shall not be liable to any execution of any legal process by reason | done | into |
of any lawful act done in the execution of any of the powers
granted to them by this Act or any Act hereby repealed.
22. The Fire Brigade established by the Board shall be under
ire BGgade.
the command of an officer, to be called the Superintendent of the Fire Brigade, but nothing herein contained shall be taken to authorise any superintendent to incur any expenditure on account
of the Fire Brigade or the Fire Brigade plant, unless the sanction
of the Board be previously obtained. The superintendent, officers,
and firemen shall bc appointed, and may be removed from time to
t h e by the Board.
23. The superintendent, officers, and firemen shall be furnished
Unifom.
by the Board with some distinguishing uniform, and each be
furnished
45" & 46" VICTORIE, NO. 273. | - |
Pire Brigades Act.--1 832,- -
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furnished by the Board with a badge of office clearly showing
to what branch of thc brigade the wcarev belongs, with a distingul~l~.
ing number.
Duties
.nd POwenr of
may exercise the following powers, that is to say-
I. He shall cause a book t o be kept containing thenames, ages, and occupations, and several places of aboclc of all firmn or other members of thc Pire Brigade:
11. He shall summon once a month at the least all or as many of the members of the Fire Brigade as may be required for practice, in order to render thc members fit and efficient for service:
m. We shall proceed, upon the first alarm of fire, with all possible speed to the place where the fire is, and endeavor by all possible means to extinguish the fire and save jcopardiscd property, and for that purpose may exercise any of thc powers given him by this section:
IV. He shall, on any fire occurring, control, direct, and regulatethe working of the Fire Brigade:
v. He shall have at all times the immediate charge and control of all cngines, horses, carts, reels, buckets, hose, ladders, fire-escapes, and other plant, the property of the Board,
and shall keep the same in a fit state at all times for
efficient service:
vr. He may at any fire take any measures which appear to him necessary or expedient for the protection of life and property, and may cause any buildings or tenements to be entered, taken possession of, or pulled down, for the purpose of extinguishing or preventing the spread offire:
in order to give a greater pressure and supply of water for | |
the purpose of extinguishing any fim: |
PIU. He may cause any street or thoroughfare in the vicinity ofany fire to be closed for traffic during the continuance of
any fire:
IX. 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:
X. We may at his discretion take command of any volunteer fire brigade, or brigades, OX other persons who voluntarily place their services at his disposal:
XI. He shall at all times have frce access to any building0s premises for the purpose of ascertaining and reporting on
any infringement of the rules and. regulations againststorage
45' & 46" VICTORIE, No.
273.
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Fire Brigades Act.-1 882.
storage of kerosine, gunpowder, dynamite, and other inflammable material, cmpty crates, cases, and other packages, sawdust, shavings, hay, and straw, either in packages or loose.
25. Any damage occasioned to property by any Fire BrigadeDamage doneby
in the due execution of their duties shall be deemed to be damage
by fire within the meaning of, but subject to any special conditions
in, any policy of insurance against fire which may be current
on such property.
$ity | or Council, the superintendent shall, on the following morning, | c,,. |
with the exception of Sundays, send information by post or other- pames.
wise to all t h i Insurance ~ o k ~ a n i e s | of such firc, in shch form as may |
be agreed upon between the Board and the said Companies.
27. I t shall be lawful for the superintcndcnt, when requested by Brigde may pmeea
the owner or occupier of any property on fire, or by the duly autliorised | beyond limits of |
agent of such occupier, to pcrmit any part of the fire brigade establishment, with their engines, horse;, carts, escapes, and other implements, to proceed beyond the limits of the Municipality or Council for the purpose of extinguishing any fire or fires, or saving jeopardised property. 111 such case the owner | |
ment, any expe~ses under this section may be recovered by thc | |
Board in a summary manner. |
employed on sp~oial |
establishment to be employed on special serviccs upon such terms ,,+,,,
of reinuneration as the said Board may think just.
29. The Commissioner of Police, or thc scnior officer on duty at
POECO to attend at
the police station nearest to the place where any fire occurs, shall, fire.
purpose of | inainf,aining orcler and preserving life and property. |
30. Every person who sllall obstruct or interfere with the Py?nW.oninterferipg.
superintendent or any lnernber of the Fire Brigade, or with any | |
officer thereof, or any police constable, at any fire, or who shall injure or destroy any building, engine, reel, hose, pipe, ladder, or other thing belonging to the Board, shall be liable to a penalty, on ~onviction, of not less than Two nor more than Twenty Pounds, in adddition to the estimated damage done. |
31. The superintendent shall at all times have free access to any superintendent
and every part of any building, room, or place licensed or sought to | inspect buildings |
be licensed undcr thc provisions of the " Plnccs of Public Amuse- ~~~~~~t~~~
ment Act, l881 " (hereinafter referred to as the said Act), or any Act | and report |
Of | the Board. |
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Fire Brigades Act.-1882.
of Parliament for a like object, in order to inspect the same and ascertain whether the provisions of the said Act are or are not being complied with; and any infringement thereof he shall, in writing, report to the Board; and every person who shall obstruct or hinder the superintendent in inspecting any such building, room, or place as aforesaid shall be guilty of an offence against this Act, and, on con. viction, shall forfeit and pay a sum not less than Ten Pounds and not exceeding Fifty Pounds.
tendent as in the preceding section provided, shall forward the same,
or an attested copv thereof, to the Mayor of the municipality in
which such building, room, or place is situate.
33. The Board may, at any inquest held on any fire, be rcpre. |
sented by some person appointed by them, who may tender evidence
and may examine any witnesses.
D&M of fiemay
for the recovery of any sum of money declared to be recoverable in a summary manner, may be heard and determined before any two Justices of the Peace in | |
with respect to summary convictions and orders," or of | |
for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders, and all con- victions and orders made by such Justices may be enforced as in the said Ordinance, or in any other Act as aforesaid, is or shall be provided. | |
37. There shall be an appeal to the Local Court of Adelaide of |
Full Jurisdiction, and from any conviction of Justices for any offence under this Act, and from any order dismissing any inforrna- tion or complaint or other order made by Justices under this
Act,
and
45" & 46" VICTORIA, No. | - | -- |
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and the proceedings on such appeal shall be conducted in manner
appointed by the said Ordinance No. 6 of 1850 for appeals to Local
courts, or any Act hereinafter to be in force regulating such appeals,
but the said Local Court of Adelaide shall have power to make | * |
such order as to the payment of the costs of appeal as may seem | |
fit, although such costs may exceed Ten Pounds. |
provide-
r. For payment of fces to the members of the Board, or any
corninittee thercof, not exceeding the sum of One Hundred
and Eighty-two Pounds per annum:
11. For payment of salaries or wages to the officers and
members of thc Fire Brigade:
r r r. | For payment of | compensation in cases of accidents to oficers |
or members, or to their wives and hmilies in case of death:
IV. For payment of pensions and retiring allowances to suchofficers or members:
v. For payment to persons in respect of voluntary or special
services rendered to the brigade:
vr. For the purpose of ensuring discipline and good conduct
of the members of the Fire Brigade:
~ I I. For the regulation of the meetings and general business
of | the Boar cl: |
vrrx. For the purpose of carrying into effect thc objccts of this Act, and may inflict for any breach of such kgulations
il sum not exceeding Twenty Shillings:
*411 such by-laws or regulations, whcn approved by the Governor
published in the |
employed | by | the Comrnissiorlcr | of | Watw |
works s l d l forthwith, on any fire occurring- within the district allotted to him, procccd with all possiblc sped to the phcc wllere
the fire is, and assist by all means in his power the supply and
service of water through the fire-plugs to thc said Firc Brigade.
gas. | '0 |
person shall forthwith, on notice of any fire occurring within the municipality or District Council where their supply is laid on, send some competent person to shut off and disconnect the gas or other artificial light supply from the building on fire and those imme-
diately adjoining.
Penalty | or | .pon | other |
close any fire-plug fixed in any street that its situation may be per,o.,o~erbg
up obliterated, or it may be difficult or dangerous to gain access to fire
such
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Fire Brigades Act.-1582. such fire-plug by reason of such obliteration or enclosures, shall, on conviction, forfeit a sum not being less than Five Pounds and not exceeding Fifty Pounds.
Duty to protect pro- |
In any municipal district in which, at the time of, or after the passing of this Act, there shall be an organised volunteer fire brigade, thc duty of extinguishing fires and protecting lifc and pro.
perty from
Brc. perty in case of fire within the municipal district in which the same
is organised shall, subject to the approval of the Board, and to any regulations made by such Board from time to time, be deemed to be entrusted to such volunteer fire brigade, and the Municipality shall accept the services of such firebrigade as thc recognised pro- tection against fire within its municipal boundary: Provided that such volunteer fire brigade shdl be under thc contml and manage. ment of the Superilltendent of Fire Brigades, who shall, on the occasion of any firc, hare power, by himself or his men, to break into or through, and take possession of any premises, for the pub pose of putting an end to a fire, doing as little clamage as possible;
and map pull down, blow up, or otherwise remove any prernises
for the purpose aforesaid, as well those in which a fire has occurred as those in the neighborhood of such fire, thoughnot then on fire, and shall not be liable for any damage so caused, or otherwise, in
the execution of the powers given by this Act.
Audit of accounts of
by them under this Act shall be audited, and the Bowd shall in
each year make a report to the Government of all acts done ancl expenditure incurred by them in pursuance of this Act, and that report shall be laid bcfore Parliament within one month after the conmencement of the session, the first audit and report to be made for the year ending thirty-first December, one thousand eight hundred and eighty-three.
44, | The said Act No, 9 of | 1867, intituled " An Act to provide for |
purposes therein mentioned," is hereby repealed, save so far as may | the appointment of a Superintcnclcnt of Fire Brigades and for other |
be necessary to support any appointment lawfully made, or any act, | |
matter, or thing lawfully donc thereunder before the passing of this | |
interfere with the powers of the Board as provided by the clause of this Act. |
In the namc
and on behalf of llcr Majesty, I hereby assent tothis Bill.
WM. F. DRURIMOND: JERVOIS, Governor.
45" & 46" VICTORIW, No.
Fire Brigades Act.-1882. SCHEDULE REFERRED
TO.
For Superintendent of Fire Brigades, for first hour, if actually attending
Ditto | per hour for each succeeding hour, day or night, ................. |
For each reel, with hose, pipes, | or fire escape, in attendance at any |
fire ..................................................
For each fireman and turncock, when called out to any fire, day or night,
for the first hour ........................................
For each fireman when called out to any fire, day or night, for the
second hour. ...........................................
For each fireman when called out to an): fire, day or night, for the third
hour ..................................................
For each fireman when called out to any fire, day or night, for each
succeedinghour ........................................
For each horse, fbr taking a reel to and from any fire, day or night. .
For cleaning and drying the hose, and taking it to and from the drying
yard, after each fire, for each hand recl | ................ |
Ditto | ditto | for each horsc reel | ................ |
For horse for taking hose-cart to and from any fire in the suburbs | .... |
For the brigade and reel arriving first at any fire, as prize money | .... |
Ditto | second at any fire | ................ |
Ditto | third at any fire.. | ................ |
For notice of fire to the Superintendent of F i ~ e Brigades at his residence
For notice of any fire within the City of Adelaide to the fireman in
charge of the reel that obtains the first prize ................
Ditto | ditto | second prize .............. | ||
Ditto | ditto |
|
For wages for each extra man engaged by the superintendent at any
For the first hour | ........................................ |
second hour ..........,...................... .. | .. |
third hour ................................,.......
each succeeding hour .......................... ..,
k.
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ddclnide: By natllority, | Government Printer, h'orth-terrace. |
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