Fire Brigades Act 1890 (SA)

ANNO QUENQIJAGESIMO TEnTIO ET QUIN&U,4-

GEsIMO QUARTO

A.D. 1890.

A,n Act to consolidate and amend the Law relating to,

and to make further provision for, the Protection

of Life and Property from Fire.

[Assented t o December 23r4 1890.1

HEREAS it is desirable to consolidate and amend the law Preamble.

W relating to, and to make further provision far, the protection of life and property from Fire-Be i t therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Conncil and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, This Act may be cited for all purposes as the " Fire Brigades short title.

Act, 1890."

2, In the construction of and for the purposes of this Act, unless Interpretation.

the same would be inconsistent with the subject matter or context, the words and expressions following shall have the respective mean- ings hereinafter assigned to them, that is to say-

'' The Board " shall mean the Fire Brigades Board, as constituted under this Act:

" Supr in te~dent " shall mean the Superintendent for the time being of Fire Brigades, and shall include any foreman, and any other officer or fireman for the time being in charge or in command of a Fire Brigade:

Insurance Company " shall mean and include any: corporate

body, company, partnership, association, or person insumg

against loss or damage by fire property situate within the

A-495 limitg

53O & 54' VICTORIW, No. 495.

Fire Briyades Act.-1 890.

-

limits of any municipality or district for the time being, sub- ject to the provisions of thk Act; and shall a180 include the agent, attorney, or representative of, or person collecting premiums for, any corporate body, company, partnership, association, or person so insuring, whether any such corporate body, company, partnership, association, or person shall be incorporated or resident within the said province or not:

Municipality " shall mean a locality under the local goverment of a municipal council:

Council " shall mean the mayor and councillors, and shall include aldermen, of a municipality:

District Council " shall mean a district council established or continued by or under The District Councils Act, 1887 ":

District " shall mean a locality under the local government of a

district council:

L L The Fire Brigades Acts " shall mean and include the '' Fire

Brigades Act, 1882," and the G Fire Brigades Act Amendment

Act, 1883 ":

a Volunteer Fire Brigade " shall mean any firc brigade supported by voluntary contributions; but shall not include any fire brigade or corps formed for the purpose of protecting any particular building or premises, wit,h the consent of the owner or occupier of such building or premises:

Owner " shall mean and include the person for the time being in actual receipt of, or entitled to receive, the rents and pro- fits of thc lands or premises in connection with which the word is used, or who, if such lands or premises were let to a tenant, would be entitled to receive the rents and profits thereof, whether as beneficial owner, trustee, or executor, mortgagee in possession, or as agent or attorney for any

Contributory company " shall mean an insurance company liable	other person, or otherwise:
to pay contribution towards the expenditure of the Board,
as provided by this Act.

Application of A&. 3. This Act shall apply to the municiy ality of Adelaide and also to

every municipality and district to which the Governor may by Procl*

- mation in the Government Gazette upon the application of the council of such municipality or of the district council for such district, and upon the recommendation of the Board, declare that this Act shall apply: Provided that in the event of any Fire Brigade proceeding, in exercise of the power conferred by this Act, to any fire outsidc any municipality or district for the time being, subject to the provisions of this Act, then such provisions shall in relation to such fire apply in the same manner as if such fire had occurred within a municipality or district subject to such provisions.

53O & 540 VICTORIE, No. 495.

Fire Brigades Act.-1890.

7

4, The subject-matter of this Act shall be divided into the Divisions of Act.

following parts, namely :-

PART ~.-Incorporation, constitution, duties, and powers of

Board:

PART I I.-Salvage Corps:

PART 111.-Volunteer Fire Brigades:

PART IV.-The

Superintendent of Fire Brigades, his a.ppoint-

ment, duties, and powera:

PART V.-Contributions to Board:

PART T.

INCORPORATION, CONSTITUTION, DUTIES, AN D

POWERS OF BOARD.

5, There is hereby constituted a Board which shall be a body corporate by the name of "The Fire Brigades Board," and by that name shall have perpetual succession and a common seal, and be capable in law of suing and being sued, and shall consist of seven members, of whom three shall form a quorum, and may exer- cise all the powers and authorities which, by this Act, are vested in the Board. All Courts, Judges, and persons acting judicially shall take judicial notice of such seal when affixed t o any instru- ment, and shall presume that the same was properly affixed thcreto.

Constitution of

Board.

6, No act or proceeding of the Board shall be invalidated or	invalidated b reason
No act of Board

illegal in consequence only of the nnmber of the members of the

of members 0P~otVd

not being complete

.Board not being complete a t the time of such act or proceeding,

or dofect in appoint-

and all acts and proceedings of the Board shall, notwithstanding it

ment.

be afterwards discovered that there was some defect in the appoint- ment of any person as a member thereof, or that any member thereof was disqualified or disentitled to act, be as valid as if every such person had been duly appointed and was qualified to be and to act and vote as a member of the Board.

7. The present members of the Fire Brigades Board, appointed	the Board to continue
Present membm of

under The Fire Brigade Acts," shall be the Board within the meaning of this Act, until the members of the Board are appointed.	in office until suc-
cessors appointed.

8. In the month of January, in the year one thousand eight	Board.
Appointment of the

hundred and ninety-one, and in the month of January in every succeeding year, the Governor shall appoint seven persins to be members of the Board, and the members of the Board shall continue

Fire Brigades Act.-1890.

PART --- 1. in office until the appointment of their successors, and each retiring member of the Board shall be eligible for re-appointment.

Nomination of

membere. 9, One of the persons so to be appointed a member of the Board

shall be appointed on the nomination of the council of the munici- pality of Adelaide, and three of the persons to be nppointcd members of the Board as aforesaid shall be appointed on the nomination of the insurance companies carrying on business within the municipality of Adelaide, until not less than three other munici- palities within twelve miles of the Adeluide Post Office shall come under this ,4ct, when such other municipalities shall nominate one of such members and the said insurance companies t WO of such members;

and if there shall be three or more municipalities or districts to which

this Act applies outside, such radius, the councils thereof shall have the right to nominate one member of the Board: Yrovided that the nomination of each of the several persons to be appointed as afore- said shall be certified to the Governor as regards the council of the municipality of Adelaide, under the hand of the mayor or town clerk thereof, and as regards the said rnunicipalitics and district councils, under the haild or the mayor or town clerk of each municipality, and under the hand of the chairman or clerk of each of such district councils; and, as regards thc insurance companies, under the hand of the chairman of the general meeting, to he held as hereinafter provided, of the reprcsentatwes of the iiisu~ance companies carrying on business within such municipality of Adelaide as aforesaid. All such nominations shall be made and certified to the Governor on or before the fifteenth day of January in the year one thousand eight hundred and ninety-one, and on or before the fifteenth day of January in every succeeding ycnr. If the several bodies or persons, or any of them, shall fail to exercise their respective rights of nomination on or beforc thc fifteenth day of January in each year, such right of nomination for that year shall lapse, and the Governor may appoint a member or members of the Board, without any nomination, who shall hold office during the same period and in all respects as if he or they had been appointed on the nomination of such bodies or persons so making default as aforesaid.

Secretary to the Board 10, Immediately after the coming into opcration of this Act, and

to convene meeting of in the month of December in every wccecding year, the secretary

reprenentativ ea of

insurance companies.	for the time being of tlw Board shall convene a general meeting of the representatives of the insurance companies carrying on b u s i k within the municipality of Adelaide, by circular addressed to each insurance company, or the secretary or representative thereof, for the purpose of nominating persons for appointment as members of the Baard. Each such meeting shall elect ib own chairman, and all matters shall be decided by a majority of votes, and the votes alloted to each representative of an insurance company
shall be according to the following scale, that is to say: Where the
company's premium income in the colony does not exceed Two Thousand Pounds, the representative of such company shall be

entitled

53" & 54' VICTORIE, No. 495.

P*" L

entitled to one vote at every auch meeting; where such income is above Ttva Thousand Pounds and does not exceed Five Thousand Pounds, the representative shall have two votes; where such income is above Five Thousand Poundd, the representative shall have three votes; and the chairman of each such meeting shall have a vote, and, in the event of equality of votes, shall have a second or casting vote.

11. The Governor may make, aqlter, amend, or vary rules and rulen Governorma~mrtke for mmmation.

regulations, providing the method and conditions under which the saYd several bodies o r persons shall exercise the respective rights of nomination hereinbefore given to them. Such rules shall be pub- lished i n the Government Gazelte, and shall thereupon be valid and havc the force of law* And the production of a copy of the Govern- griefit Gazette containing such publication shall be conclusive evidence of the tenor and validity of' such rules.

12. No person being an uncertificated insolvent shall be appointed to Insolvent be or continue person not to

Board be member.

a member of the; and i f any member shall be adjudicated in- tive months the Board may declare the seat of such member vacant, and he shall thereupon vacate his scat.

solvent, or a,pply to take the benefit of any Act now or hereafter to

be in force in the said province for the relief of insolvent debtors,

or shall assign or attempt to assign his estate fox the benefit of his

creditors, or shall make any composition with his creditors for less

than twenty shillings in the pound, such member shall vacate his

seat on the Board. If any member shall, without leave of the

13, The Governor may at pleasurc suspend or remove any mew- Governormay

ber of the Board, and any vacancy caused hv the removal.-of any; ~: ~ ~ ~ f, ", ", ~ ~ t

member, may be filled up as hereinafter mentiched. If any vacancy successor.

in the ~ o a r d shall occu;, and which may be caused by the death;

resignation, or removal by the Governor of any member, or by the

disqualification of any member under the provisions of the last pre-

ceding section, the Governor may, without nomination, appoint a person to fill such vacancy, and such person shall thereupon become a rncmber of the Board, and shall hold officc so long only ae the member in whose place he shall have been appointed would have held his officc had no such vacancy occurred.

14. The duty of extinguishing fires and protecting life and Duty of Board.

property in case of fire, shall be deemed for the purpoges of this Act to be entrusted to the Board; and, with a view to the performance of that duty, the Board rnay provide and maintain Fire Brigades, consisting of efficient firemen, furnished with such fire engines, fire escapes, reels, horses, carts, hoses, accoutrements, plant, tools, irnpleb ments and other appliances as may be necessary for the complete equipment of such Brigades and the performance of their duties.

6 $3" & 54' VICTORIW, No. 495.

Fire Brigades Act.-1 890,

PART I.

15, All the real and personal property vested in the Fire Brigades

Ve~ting of M P ~ ~ Y Board, as constituted by the Fire Brigades Acts at the time when

of sd&.ing \oard and

h e a l Boarb.

this Act comes into operation, shall, upon the coming into operation of this Act, vest in the Board, subject to all liabilities and obligations attaching thereto.

Meetinge of the

BCI~N~.

16, Ordinary meetings of the Board shall be held for the dispatch of business at such times, not being less than once in every foux weeks, as the Board shall, from time to time, determine, but special meetings may be held at any time.

The members of the Board may, from time to time, elect one of their number to be chairman of the Board, and at every meeting of the Board all questions shall be decided by a majority of votes; the chairman shall have a deliberative, and, in the event of an equality of votes, a second or casting vote.

The members for the time being of the Board shall have the custody and use of the common seal of the Board, and such seal shall not be affixed to any deed or instrument except in the presence of two of the members, and every deed or instrument to which such seal is required shall be signed by two of the members and counter- signed by the secretary of the Board.

Power to team or

pur~hase.

17, The Board may take on lease, purchase, or otherwise acquire and hold such real or personal property as the Board may determine for the purposes of this Act.

Power to sell and

mortgage.

18. The Board may, from time to time, sell, demise, or lease, or

otherlvise dispose of any real or personal property, and may mort-

gage any freehold or leasehold lands belonging to the Board, but the

power to eel1 real property shall not be exercised without the con-

sent of the Chief Secretary.

Any sale of real or personal property belonging to the Board may be by public auction or private contract, and eGher for cash or on credit, or partly for cash and partly on credit, and generally upon

such terms and conditions as the Board may determine.

Any mortgage to be executed by the Board may contain a power of sale by the mortgagee, and such other powers, terms, and pro- visions as the Board may determine.

Any demise or lease of any real or personal property belonging

to the Board may be granted by the Board for any term of years,

or from year to year, or for any term less than a year, at such rent,

and subject to such covenants, conditions, provisoes, and agreements as the ' h r d may determine; and any such demise or lease may be granted subject, to or in consideration of the payment of any fine or premium, and with or without a covenant to or a right of purchase. The Board may enter into any contract or agreement

with

53' & 54' VICTORIW, No. 495;

Fire Brigades Act.-1890.

with any person or body corporate for any purpose having relation

to the provisions of this Act.

19, The Board may, from time to time, borrow, with the con- Power to borrow.

sent of the Chief Secretary, upon giving security over any freehold or leasehold lands of the Board, or without security, such moneys as the Board shall deem necessary for the purpose of enabling the Board to carry out and perform the powers, authorities, and duties vested in or conferred or imposed upon the Board by this Act.

Any person lending money to the Board under this provision ~ihall

not be concerned or bound to inquire as to the application of any such money, or be responsible for the misapplication or non-applica- tion thereof: Provided that the moneys borrowed shall not at any time exceed Five Thousand Pounds.

20, The Board may contract with the Government of South Aus-	The Board may
oontraot for establish-

tralia, or with any company or corporate body or person, for the	ment and mainten-
ance of telegraphic and
establishment and maintenance of telegraphic: and telephonic com-	telephonic oommuni-
munication between the several fire stations at which their fire	cation.
engines or firemen may be placed, and between any such station and other parts of any locality to which the provisions of this Act shall for the time being apply.

21. The Board may dclegate any of their powers to a committee, The Board may

consisting of not less than three of the members of the Board, and

delegate powers.

such committee shall, to the extent of the powers delegated, be

deemed to be the Board within the meaning of this Act.

22, The Board may repeal, or vary, wholly or in part, any by-	laws and regulations.
Board may make by-

l a w or regulations heretofore in force under the Fire Brigades Acts, and may from time to time make, alter, and repeal such by- laws and regulations as may be necessary for the following pur- poses :-

I. For the management and conduct of the meetings of the Board and for the dispatch of business:

Ir. For the payment of fees to the members of the Board, or any

committee thereof, not exceeding in the aggregate the sum

of One Hundred and Eighty-two Pounds per annum:

111. For the payment of sa.laries or wages to the officers and

members of the Fire Brigades:

rv. For the payment of compensation in cases of accident to officers or members of any Fire Brigade, or to the wife and family of any such officer or member in the event of his

death by accident while acting in the discharge of his

duty:

v. For the payment to any persons in respect of voluntary or

special services re~dered to the Fire Brigades:

YI. For

53" & 54' VJCTORIE, No. 495.

Fire Brigades Act.-1 $90.

PABT	I.	vr. Far the maintenance of discipline and the insuring of good conduct of the officers and members of the Fire Brigades and of any Salvage Corps whether established or main- tained by the Board or by any insurance companies:
YII. For providing the method of registering Volunteer Fire Bri-

gades:

vm. For the regulation of the meetings and general business of the Board, and generally for duly administering and carry- ing out thc duties entrusted to the Board by this Act:

rx. For such other purposes as the Governor, by proclamation

in the Government Gazeite, may order:

X. For fixing penalties for the breach of any by-law or regula-

tion not exceeding the sum of Ten Pounds.

All such by-laws and regulations shall be in writing or print, or partly in writing and partly in print, and shall have the common seal of the Board aftixed thereto, and when approved by the Governor, and ublished in the Government Gazette, shall be valid and have

the orce of law, and a production of a copy of the Government tP	Gazette containing such by-laws or regulations shall be conclusive
evidence of the tenor and validity of such by-laws and regulations.

Annual report. 23. The Board shall, on or before the thirty-first day of January

in the year one thousand eight hundred and ninety-two, and on or before the thirty-first day of January in every succeeding year, report its proceedings during 'the twelve months ending on the thirty-first day of December of the preceding year, and a copy of such report shall be laid each year before Parliament.

Audit of accounte. 24. The accounts of the Board shall be auditcd annually by the

Commissioiiers of Audit, who may and shall exercise the powers confeiered upon them by 'L'he Audit Act, l88;?," and an abstract of such accounts shall be annually laid before Yarliament.

PART 11.

SALVAGE CORPS.

Bmrd may 08hbbh	25, The Board may, if it be so determined, establish and main- tain salvage corps, consisting of efficient firemen and others, and may furnish such corps with all necessary quarters and with all such appliances, horses, carts, hoses, accoutrements, implements, tools, and plant as may be necessary for the complete equipment of the corps, or conducive to the performance of their duties.
C O ~ W.

and maintain salvage

53O & 54" VICTORIW, No. 495 9

---

Fire Brigades Act.-1 890.

28. If the insurance companies, or any of them, establish any

klvage Corpe8t.b-

sanction of the Board, and subject to any regulations that may be ~ ~ ~, " a ~ ~ f " " m m

made by the Board, to afford the necessary assistance to the members

of sucL corps in the performance of their duties, and, upon the

application of any officer of such corps, to hand over to his custody

or as he may direct property saved from fire, and no charge shall be

made by the Board for thc scrviccs so rendered by any Fire Brigade:

11.

salvage corps, it shall be the duty of the Fire Brigades, with the ment out of the funds of the Board,

PART 111. PART m.

VOLUNTEER FIRE BRIGADES.

27, Every Volunteer Fire Brigade existing at the time when Volunteer Fire

this Act conies into operation shall forthwith be registered at the regi8tared.	Brigades to be
office of the Board; andevery Volunteer Fire Brigade which may be formed after this Act comes into operation shall be registered at the office of the Board within twenty-eight days from the formation thereof; and every Volunteer Fire Brigade, whether established within the municipality of Adelaide or elsewhere, shall be subject to inspection by the superintendent.
Every Volunteer Fire Brigade present a t any fire shall be under the control, and shall obey the orders of, the superintendent, fore- man, or other person in cornmand of the Fire Brigades present at such fire; and on the certificate of the superintendent or foreman, or other person in command at any fire, that efficient or valuablc services have been rendered by any Volunteer Fire Brigade, or
any member or members thereof, the Board may pay to such Volun-	teer Fire Brigade, or any member thereof, such moneys as the
Board may dctcrmine.

PART IV.

THE SUPERINTENDEN'I' OF FIRE BRIGADES-HIS

APPOINTMENT, CUTIES, AND POWERS.

be called The Superintendent of Fire Brigades, at such salary Fire Brigades. 28, The Board may from time to time appoint an officer to Superintendent of

and upon such terms as the Board may determine, and the Board

may suspend and remove such superintendent.

B-495. 20. The

Fire Brigades Act.-1890.

PART xv,

- 29. The Fire Brigades for the municipality of Adelaide shall be

Fire Bri ades under under the command of the superintendent.

commas of superin-	d
tendent.

The superintendent may from time to time inspect any Fire

Brigade, whether e~tablished~within	the municipality of Adelaide or
else where.

Duties and powers of

the superintendent 30. The superintendent shall perform the followirig duties, and may exercise the following powers within the municipality of Adelaide, that is to say :-

I. H e shall, with all possible speed, proceed upon alarm of fire

to the place where such fire has happened, and endeavor

by all practicable means to extinguish the fire and save

all property which in his opinion may be in jeopardy:

rr. He shall control, direct, and regulate the working of the

Fire Brigades at any fire:

m. He shall control and direct any Volunteer Fire Brigade present at any fire, and any persons who place t?leir services at his disposal:

rv. H e may take and direct any mcasures which appear to him neccssary or expedient for the protection of lifc and property, or fbr the control and extinguishment of fire, and may cause any buildings or premises to be entered, taken possession of, pulled down wholly or partially, or otherwise destroyed for such purpose, or for preventing fire or for preventing the spread of fire:

v. 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 m y fire. And Her Majesty's Government shall not, nor shall any company supplying water, be liable for any damages by reason of any	interruption of the supply of water occasioned only by
the exercise of such power:

vr. He may cause any street,, private road, right-of-way, or thoroughfare, in the vicinity of any fire, to be closed for traffic during the continuance of any fire.

vrr. He may shut off or disconnect, or cause to be shut off or disconnected, the supply of gas or artificial light to any building or premises which may be on fire, or to any building or lmd adjoining such building or premises or adjacent thereto, and no company supplying gas shall be liable for any damages by reason of any interruption in

the supply of gas occasioned by the exercise of this

power:

53' & 54" VICTORIW, No. 495.

Fire Brigades Act.-1890.

FAET

v l ~ r. He may a t the time of a fire, or thereafter, pull down or -

shore up any wall or building which may be damaged, or which in his opinion may be likely to be damaged, by fire, or which may be in the vicinity of any place where a fire has occurred, and which may in his opinion be, or map be likely to become. dangerous to life or property; and the expense of such pulling down, and shoring up, as the case may be, shall be borne by the owner of such wall or building, and shall be paid by him to the Board.

IX. He may remove, or cause to be removed, any person who in*

terferes with the operations of any Fire Brigade.

powers respectively imposed and conferred upon him by the last superintendent. 31. The superintendent shall, in addition to the duties a rd General duties of the

preceding section, and subject to the direction of the Board, and within the municipality of Adelaide, exercise the general duties an1 powers following, viz. :-

I. H e shall cause a book to be kept containing the name, age, and occupation, and place of abode of each member of the brigades:

1 1. IIc shall summon, once a month at the Icast, all, or as many of the members of the brigaclcs as may be required for practice, in order to render the members fit and efficient for service, and the engines, hoses, and plant in good working order and repair:

Irr. Hc shall have a t all times the immediate charge and control

of all engines, horses, carts, reels, buckets, hoses, ladders, fire escapes, and other plant, the property of the Board, and shall keep the same in a fit state at all t i res for

efficient service:

IV.

He may from time to time inspect all salvage corps, and also

all Volunteer Fire Brigades, and enforce compliance with

the regulations.

32. The superintendent shall at all times have free access to any Fuperinte?dept may inspect buldmgs

and every part of any building, room, or place licensed or scught to 1- icensed under

be licensed under the provisions of L' An Act to Licence Places of ii;e:;i

Public Amusement," or any Act of Parliament for a like object, in Amusement," and

order to inspect the same and ascertain whether the provisions of report to the Board-

such Act are complied with; and if he shall discover that

such provisions are not complied with, he shall report such

discovery to the Board; and every person who shall obstruct or

hinder the supcrintcndcnt in inspecting any such building, room or

place as aforesaid shall be liable to a penalty of not less than Ten

Pounds and not exceeding Fifty Pounds.

tendent as in the receding section provided, shall forward the same, mayor. 33. The Board, upon the receipt of the report from the superin- Board to notify to

12 53' & 5 4 O VICTORIE, No. 495.

Fire Brigades Act.-1890,

PART IT-,	or a copy thereof, to the mayor of the municipality or chairman of
the district council of the district in which such building, room, or
place is situate.

Bu~erintenaent may

proceed to &re out- 34. On the occasion of any fire which may occur outside the

side munic ip~l i t~ of municipality of Adelaide the superintendent may, if he tllinlrs fit, and he shall, if directed by the Buard so to do, proceed to the place where such fire has occurrcd, and take command of all Fire Brigades present a t such fire, and upon so taking command he shall and may exercise all the duties and powers which are hereby imposed or conferred upon him, within the municipality of Adelaide, or are exercisable by him within such municipality, or such of the same as may be applicable.

Ade1aide9	and t d e
command.

Authority super-

intendent to be re- 35. The authority of the superin tendent shall herecognised by

coanised by police. all officers and members of thc rmlice forcc and all other nersons:

" -

and it shall be the duty of the &icer cornnmndinp the police force

present at any fire to support and assist such sup&inte&lmt in the maintenance of his authority, and in enforcing due obedience to his orders, and such officer and all police constables may, if he or they shall think proper, and he and they shall, at the request of the - -

superintendent, remove any person who interferes with the opera-	. *
tiins of any Fire Brigade.

Foreman. 36. The Fire Brigade for cach rnuriicipality (other than the

municipality of Ade1:~icle) and the Fire Brigade for each district, shall

be under the command of an officer to be called a foreman.

Every foremnu shall, within such municipality or district, perform

the like duties and may exercise thc like powers and discretions as

arc Iny this -4ct in1posc.d or conferred upon the supcrintendcnt,

except that where the supcriatendent shall, in the exercise of the power conferred by this Act, attend at any fire outside the muni- cipality of Adelaide, and assume command of any Fire Brigade, then and in such case such foreman shall act under the directions and

obey the orders of the superintendent.

Power of superinten-

dant and foreman 37. The powers conferrcd by this Act upon the superintendent

maybe exercised by	or any foreman may, in case of the absence or disability of such
deputy.	superint cndcnt or foremar!, be exercised by any dcpu t y superinten- dent, or by any other officer or fireman for the time being in corn- mand of any Fire Brigade.
Superintendent or

foreman to have acceea 38. The superintendent or any foreman shall at all times have

to all premises where	free access tr: any building, erection, ship, vessel, wharf, jetty, land,
he

orasnserousmatpria,a suspects explosives or premises, and any part or parts thereof respectively, where he

trrs kept. suspects that any gunpowder explosive or explosive substance, or kerosine, or any empty cases, payer shavings; crates packed with straw, or any other dangerous combustible or inflammable material or substance is or are stored, placed, stacked, or kept contrary to law or to the provisions of any by-law or regulation made under

the

53' & 54" VICTORIAZ, No. 495.

Pire Brigades Act.--1890.

P A ~

the provisions of any Act of Parliament now or hercdter to be in

-

force in the said province; and if he discovers that anv such rnitterial or s u b s t a & ? is so stored, placed, stacked, or kept, he shall forthwith report such discovery to the Boa,rd, and upon the receipt of such report the Board may deliver, or cause to be delivered or to the master br owner or agent, or to the person in charge of any such ship or vessel, or to the occupier of any such building, erection, wharf, jetty, land, or premises, or to the owner or any of the owners of any such material or substance, notice to remove such material or substance from such ship; vessel, building, erection, wharf, jetty, land, or premises, within a time to'be determined by the Board, and to be specified in such notice; and if default shall be made in compliance with such notice, the person so making default shall be liable to a penalty of not less than Five Pounds and not exceeding Fifty Pounds; and every person who obstructs, hinders, or dclays the superintendent or

any foreman in making any such inspection as aforesaid, shall be

liable to a pr-i~alty of not less than. Five Pounds and not exceeding

Fifty Pounds.

39. The superintendent or any foreman may, when in his opinion Brigade may p m w a

occasion requires, permit thc whole or any part of any Fire Brigade ~ ~ ~ ~ $ ~ ~ O f

or salvage corps, with their engines, hoses, reels, horses, carts,

escapes, and other implements, to proceed beyond the limits of any

municipality or district, for the purpose of extinguishing fire.

In such case the owner and occupier of the property where the fire has occurred shall be jointly and severally liable to pay all the expcnscs which may he incurred by the Fire Brigades in attending the fire, and shall also pay to the Board charges in accordance with the Schedule hereto, and in default of payment any such expenses and charges may be rccovered by the Board in a summary manner.

If any such owner or occupier shall pay such expenses and

charges, he may recorer from the person jointly liable with him to

pay such expenses and charges, one-half of the amount thereof.

40. During the progress of any fire, the superintcndcnt, or any During pm,,

officer or person authcrised by him, may enter, and if necessary fire superintendent may enter buildinge

break into, the building or premises on fire, or any building or andremove

premises adjacent thereto; and if he shall find in any such building ~	x	Ghid8.	~	!	~	~	~
or on any such premises any dangerous combustible or inflammable material or substance, he may remove or cauae the same to be removed, and shall not be responsible for any consequent loss or damage.

41. The Board may appoint all foremen, officers, and men, and Appointment of

also all servants and other persons employed by the Board for the ofticers,

purposes of this Act, upon such terms and at such salaries or

wages as the Board may determine, and may dismiss and suspend

any foreman, officer, fireman, or ~ervant. 42. The

53' & 54" VICTORIE, No. 495.

f i r e Brigades Act.-1890.

PART rv. 42. The present superintendent and a11 other officers of the

~ ~ m n t .uperinten- Fire Brigades holding office, and all firemen and servants employed

officers, and

fkemen to continue

by the Board, on the date on which this Act shall come into opera

in oace.

tion, shall be deemed to have been appointed and engaged under the

provisions of this Act.

PART V.

CONTRIBUTIONS TO BOARD.

Contributions to 43. Towards the expenditure, as estimated by the Board, in

expenditure of Board. establishing and maintaining Fire Brigades, and for the purposes

of this Act, the following contributioxis shall be made, that is to

say :-

I. The Treasurer shall pay to the Board a sum of money equal

to three-ninths of such expenditure.

11. The Insurance Companies shall pay to the Board a sum of

money equal to four-nint hs of such expenditure.

The council of the municipality of Adelaide shall pay to the Board a sum of money equal to two-ninths of the expenditure as estimated by the Board in relation to the Firc Brigades established or maintained, or in relation to any fire within such municipality: Provided that the amount to be paid by the said council shall not exceed Six Hundred and Sixty-six Pounds Thirteen Shillings and Fourpence in any year, until the said council shall otherwise

determine. The Council of each of the municipalities, and the district council

for each of the districts, for the time being subject to the provisions

of this Act, shall pay to the Board a sum of moncy equal to two-ninths of the expenditure as estimated bp the Board in relation to the

Fire Brigades established or maintained, or in relation to any fire,

within such municipality or district.

The contributions by the Insurance Companies as aforesaid, shall be made by each Insurance Company paying to the Board towards such contribution a sum of money (not being less than Ten Pounds

per annum) calculated ratably on the previous income derived

from insurance business within the province by such company,

as may appear by the return hereinafter mentioned.

All such payments as aforesaid by the bodies and Insurance

Companies aforesaid shall be made by quarterly payments on the

first

53' & 54' VICTORIE, No. 495.

Fire Brigades Act.-1890.

7

first days of the months of April, July, October, a8nd January in

each year, or at such other times as the Board may determine.

Every Insurance Company which commences to carry on business after this Act comes into operation shall pay to the Board, on the days aforesaid or on such other days as may be determined by the

Board as aforesaid, the sum of Two Pounds Ten Shillings for every

quarter or portion of a quarter until the then next time for making

returns, as provided by the next succeeding scction.

44. For the purpose of ascertaining the amounts of such contri- Returns by Ineuranae

butions every such Insurt-ince Company shall, in the month of

Companies.

Julv in each year, or at such other times as the Board may from time to time direct, furnish the Hoard with a return showing the amount of annual premium receipts (re-insurance within the province ex- cepted) for the preceding twelve months, to which return there shall be annexed a statutory declaration by a director, or the manager, secretary, or agent, or attorney of such company that, according to the books thereof, and to the best of his information, knowledge, and belief, such return contains a true account and statement of the amount of such premium income. If any such company shall make default in furnishing such return and declnration, such company and every director, secretary, agent, or attorncy of a company, who authorises or permits such default, shall be liable to a penalty of not less than Five Pounds for every day during which such default is made or continued.

45. Any person who wilfully makes a false declaration as to any Penalty for false de-

return to be furnished by any Insurance Company as aforesaid, shall

claration.

be liable to a penalty of not less than Twenty Pounds and not

exceeding Fifty Pounds.

46. The secretary or other ofEcer having the custody of the

Insurance Companiee

to permit books to

books sad payers of any contributory company shall allow any	be inspected.
person 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 rcturn or declaration made
in pursuance of this Act; and any such secretary or officer failing to comply with the requirements of this section shall be liable to a penalty not exceeding Five Pounds.

47. The amount of any contribution payable under this Act by ConGbuti~m by

mwicipalitiee except

any municipality (other than the municipality of Adelaide), and by m m i c i p & ~ L

any district council, may (if necessary) be raised by the council of ",Ej:',",","ztrict

such municipality or such district council by increasing the rates for r&ea by &ed

the year following the payment of such contribution by such a sum rateem

in the pound as shall be sufficient to provide the amount.

48. The amount of any contribution payable under this Act Contnbutiow how

may be recovered by action or in a summary manner. recoverable.

PAR?

53' & 54' VICTORIW, No. 495.

Pire Brigades Act.-1.890.

PART VI.

MISCELLANEOUS,

Fire Brigade may be

emp!oyed on special 49, The Board may permit the whole or any part of any Fire

semces.

Brigade to be employed on special services, at such remuneration

and upon such terms as the Boarcl xnsy determine,

Uniform.

50. The Board may furnish the snperintendont, and also all

officers and men of any Fire Brigade, with such uniforms as the

Board may determine.

Police to attend at

fire. 51. The Commissioner of Police, or the senior officer on duty at

the police station nearest to the place where any firc occurs, shall, on receiving information of any fire, forthwith dispatch a sufficient number of police to such fire for the purpose of preserving order

and assisting any Fire Brigade present at such fire.

Turncocke to attend	52. Every turncock employed by the Commissioner of Water- works shall forthwith, on any fire occurring within the district allotted to him, 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.
Disconnection of gas	53. Evcry company or person supplying gas or artificial light to "any premises on fire shall forthwith send some competent person to shut off or disconnect the supply of gas or artificial light to such premises, or to any building or land adjoining such premises, or adjacent thereto, as and if directed so to do by the superintendent.

&ea.

or artificial light.

Interfering with

superintendent or 54. Any person who wilfully obstructs or interferes with the

members of brigade,	superintendent or any member of any Fire Brigade, or with any
or damaging property
of Board.	person acting under the authority of the Board or the superin- tendent, or who injures or destroys any building, engine, reel, hose, pipe, ladder, or other thing belongiug to the Hoard, 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 thc Board after being ordered by the
superintendent to give it up, shall be liable to a penalty of not less than Two Pounds and not exceeding Twenty Pounds, or may be imprisoned for any term not exceeding two years, with or without hard labor, and shall also be liable for, and may be ordered to pay, the estimated damage.
Penalty for covering
up tire plug.	55. Any person who wilfully covers up or encloses anv fire- plug so ss to render its position difficult of identification, o r shall obliterate any mark, sign, or letter used for the purpose of dis- tinguishing the position of any fireplug, shall be liable to a penalty of not less than Five Pounds and not exceeding Fifty Pounds.
Tmperingwithflre	56, Any person who tampers or interferes with any fire alarm or other signalling apparatus, or gives a false alarm of

aim and	nignalling	fire, shall be
apparatus.

liable

+- 53" & 54' VICTORIR, No. 495.

Fire .Brigades Act - 1890.

P A ~ T vr.

liable for the first offence to a penalty not exceeding Five Pounds

-

or seven days imprisonment, and for ally subsequent offence shall be liable to imprisonment for a period not exceeding two years, with or without hard labor, and without the optiou of a fine.

57. The owner of any uninsured house or building or unin- sured vessel afloat, and the owner of any uninsured personal property

Payment of expenses

where house and

property uninsured.

which may be therein at the time of the fire, shall be liable to pay to the Hoard the cxpciiscs incurred by the Firc Brigades in attending the fire, and shall also pay to the Board the charges mentioned in the Schedule hereto, and in default such expenses and charges may be recovered by action, or in a summary way.

(Q) '' Uninsured housc or building " shall mean a house or building

which is not insured with a contributory company, and

'' uninsured vessel afloat" shall mean n vessel afloat which

is not insured with s contributory company:

Uninsured pcrsonal property " shall mean personal property

( b ) which is not insured with a contributory company:

(c) The expenses and charges made payable under this section shall be ratably apportioned between the owner of the uninsured house or building and the owner of the unin-

sured pcrsonal property, according to the respective values

of the house or building and thc personal property, and

the amount of the damage caused by the fire:

( d ) If any dispute shall arise between the parties liable to pay the expenses and charges payable under this section, as to the proportion of such expenses and charges which may be

payable by each or any of thcrn, the Boa~d may determine

the amount payable by each such person, and such determination shall be intimated to the parties interested by writing under the seal of the Board, and shall be find and binding upon all the parties concerned:

(e) I n 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:

I f ) In the event of a fire occurring in an uninsured house or

building, wherein is ~ersonal 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 un- insured house, or building; and in the event of a fire occurring in any insured house or building, wherein is uninsured personal ~troperty, a proportionate part of the expenses and charges payable under this section shall be borne and paid by the owner of such uninsured personal property.

In the event of a fire occurring on any personal property not in

c-495. any

18 53' & 54c VICTORIE, No. 495.

Fire Brigades Act.-1 89 0.

-

*ABT V1.

-

any house, or building, at the time of a fire, the owner of such personal property shall be liable to pay to the Board the expenses incurred by the Fire Brigades in attending the fire, and the charges mentioned in the Schedule hereto, and, in default, such expenses and charges may be recovered by action in a summary way.

The Govmment of the Province of South Australia shnll not,

under any circumstances, be lisblc to pay the expcnses ant1 charges

referred to in this section.

Owner to give	58, The owner of	a house or building where a fire occurs shall,
information as to

insurance.	on being rquested so t s do by any member of' the Board, or by the
suparin&nd&t, or by any foreman or officer of the Board, inform
mch member, superintendent, foreman, or officcr whether such
house or building is insured or not; and, at the like request, shall furnish such member, or the superintendent, or srich fsrenlan or officer, with full particulars of the insurance (if any) thereon, including the name of the conlpany with which the insurance is effected, and the amount of such insurance.

Thc cmner of any personal property which may be in any house

or building, or on any premises where a fire occurs, shall, at the

like request, give the like information and furnish the like par- ticulars as arc required to bc given with rcspect to a house or build- ing, as hcrcinbefore proviilt cl.

Any person who refuses to comply with any such request as aforesaid, or who wilfully gives any false infbrrmation, or who wil- fully gives any incorrect particular S with regard to sucl i insurance,

as aforesaid, shnll be lia,ble to a penalty not exceeding 'I'wcnty

Pounds.

Damage done to be

within policy. 59. Any damage to property occasioned by any Eire Brigade, or by thc suyerintendcnt, or any member of any brigade, shnll be deeniccl to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged.

Debris of Are may be 60,

The Board may cause the debris, and also any building, or premises, where any fire has occurred, and every part of such building, to be searched, and may remove and keep possessiori of any materials which may tend to prove the origin of such fire.

searched.

Inquest.	61. The Board may, at any inquest on any fire, be represented by any member or members of the Board, or by any person or persons to be appointed by them, who may adduce evidence and may examine witnesses and address the Court.
Enterin andremain-

ing in c f arge of 62, Any member of the Board, and any officer, servant, or

agent of the Board, may enter any building or place where any

has Q O C W T ~ ~. fire has occurred, and may remain in possessiorl thereof and of arly property which may be therein or thkreon; and, in the event df circumstances which in the opinion of the superintendent or the police are of a suspicious nature, may continue in possession until m inquest has been held conccrning the cause or origin of such fire.

63. The

53" & 54' VICTORIE, No. 495. *

Fire Brigades Act.-l @9O.

The superintendent may at any fire take and keep possession, for safe custody, until authorised by the Board to return the same to P * x ~ ~

63.

~ a r w ~ i o n o f pd.

the person entitled thereto, all property of any description which	found in prermses on
may be found on the premises where such fire has occurred, and may remove any such property from such premises: Provided that, should the Hoard not deal with the property so kept possessioil of by the Superintendent within seven days of the date on which the
lire occurred, then such property shall be forthwith delivered by the
Superintendent to the owner thereof.

64. Where any officer, fireman, or other person who has been any Failuret?deliver"~ premises m

employed by the Board in any capacity, and has resigned or been dis- oocuptionby oficer

charged, continues to occupy m y premises belonging to the Board, or

fimman.

to the possession whereof the Hoard may be entitled, after notice in writing from the Board to deliver up possession thcrcof, it shall be lawful for any Magistrate on the oath of one witness, stating such notice to have bccn 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 fanlily and servants therefrom, and afterwards to deliver the possession thereof to the Roard as effectually to all intents and purposes as the Sheriff having juris- diction within the place whcre such premis~s are situate might lawfully do by virtuc of a writ of possession.

65. The superirltendent or any officer, scrvant, or agent of the Dekntion proporty .

Board may enter, and, if necessary, break into any place where any property of the Board is detained contrary to the ofder of the superintendent or of the Board, and may remove the same.

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.

66. Where any fire shall occur the superintendent or foreman Re~o*offireto sent to Board and be

in charge of the brigade which shall be present thereat, shall, as notice to be given to

soon as possible, report such fire to the Board,' and upon receipt of InsuranceCornpanie~.

such report the Board, or the secretary, or any other person authorised

by the 13oslrd, shall forward to the Insurance Companies carrying

on business within the municipality of Adelaide a notice of such fire

in such form as the Board may determine.

$7, All actions to be brought against the Board, or against any Action~against Board.

person, for anything done or purporting to have been done under this Act, shall be commenced within six months after the Act complained of was committed, or the damage was sustained, and no action shall be commenced or process issued against the Board or against any person fo r anything done, or purporting to have been done, under this Act until notice i; writing of such intended action or process has been delivered at the office of the Board, or delivered to such person, or left at his usual place of abode, by the party aggrieved, or by his agent or attorney, at least one month before the commencing of such action; such llotice shall clearly and explicitly set forth the nature of the

in tended

72. There shall be an appeal to the Local Court of Adelaide of

Full Jurisdiction, or to the Local Court of Full Juridiction narest t

or Justices for anv offence under this Act, and from any order

missing any infobation or complaint or other orde; made by

any Special Magistrate or Justices under this Act, and the pro-

ceedings on such. appeal shall be conducted in manner appointed

by the said Ordinance No. 6 of 1850 for Appeals to Local

where the fire occurred, from any conviction of any Special Magi~t 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 Fay exceed Ten Pounds.

73. The Government Gazette containing any Proolsmation or QOW+-S~@-~& collclnsi~e evidmm

order made by the Governor under this Act, or any of the Acts of proolamation an&

hereby repealid, shall be conelusivo evidence of the fact, tenor, and p fa& evidsnoe	or faota therein nhted-
validitv of such Proclamation ar order, and shall be evidence of the facts siated, recited, or ammed therein, and no such Proclamation shaU*be invalid by reason of anything required as preliminary thereto not having been duly done,

74. The Fire Brigades Acts, and sections 263 and 264 of "The Be+

District Councils Act, 1887," me hereby repealed: Provided that such repeal shall not affect the validity of any rules or regulations heretofore made by the Fire Brigades Board, under the provisions of the Fire Brigades Act, 1882," or of anything done or suffered, or commenced to be done or suffered, under arry of the mid Acts, nor condone or affect any offences committed, or liability contracted, contribution owing, or penalties incurred thereunder.

" ",+" >

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor,

53" & 54' VICTORIE, No. 495.

Fire Brigades Act-1 896.

-."

THE SCHEDULE

Scale of Charges allowed for attendance at any Fire.

For superintendent of Fire Brigades, for first hour. ................. For superintendent of Fire Brigades, per hour for each succeeding hour,

day or night ............................................

For use of steam-engine.. .....................................

For each reel or fire escape in attendance at any fire.. ..............

For each fireman, gasman, 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 any fire, day or night, for each

succeedinghour ........................................

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

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

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

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

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

For every horse and cart attending any fire. ....................... For first notice of fire to the superintendent of Fire Brigades at his resi-

dence ...........,..,.....,......,,,,,...,............

For wages for each extra man engaged by the superintendent at any

fire, day or night-

Forthefirsthour ........................................

For the second hour ......................................

For the each succeeding hour ..............................

Adelaide : By suthority, C. E. BILISTOW, Government Printer, North-terrace.