The Fire Brigades Act 1904 (SA)

ANNO QUARTO

EDWARDI V11 REGIS.

A.D. 1904.

No. 860.

An Act to consolidate and amend the Law relating to, and to make further provision for, the Protection of Life and Property from Fire.

[Assen ted to, November zgth, 1904.1

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as '' The Fire Brigades Act, 1904," Bhort title.

and shall come into operation on a day to be fixed by the Governor

by Proclamation in the Government Gazette.

2. The " Fire Brigades Act, 1890," is hereby repealed: Pro- hpeai.

vided that such repeal shall not affect the validity of any by-laws or regulations heretofore made by the Fire Brigades Board under the provisioncl of such Act, which said -by-laws or regulations shall con- tinue in force until repealed or varied under the powers hereinafter contained, nor shall such repeal affect the validity of anything done or suffered, or commenced to be done or suffered, under the said Act, or condone or affect any offence committed, or liability contracted, contribution owing, or penalty incurred thereunder.

3, I n this Act, unless inconsistent with the subject-matter or Interpretation.

context, the words and expressions following shall have the re-

spective meanings set oppositive to them respectively, that is to say- &. 2, A O ~ ~ W / Q O.

Contributory. company " means an insurance company liable to

contribute towards the expenditure of the Board, as provided

by this Act; LL councj~ m

4' EDWARDI VII, No. 860.

The Pire Brigades Act.- 1904.

'' Council " means the mayor and councillors, and includes alder-

men, of a municipality:

" District " means a locality under the local government of a

District Council:

'' District ('outlcil " means District Council established or con-

tinued by or under " The District Councils Act, 1887 ":

Insurance company " means and includes any corporate body, corn pany, partnership, association, or person carrying on business within the State, and insuring against loss or damage by fire property situated within the limits of any municipality or district for the time being subject to the provisions of this Act; and also includes the agent, attorney, or representative of, or person collecting premiums for, any such corporate body, company, partnership, association, or person, whether any such corporate body, company, partnership, association, or person is incorporated or resident within the said State or not:

-' Minister " means the Chief Secretary:

" Municipality " means a locality under the local government of

a Municipal Council:

Owner " means and includes the person for the time being in actual rect~ipt of, or entitled to receive, the rents and profits of the 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

i n possession, or as agent or attorney for any other person:

'' Superintendent " meails the Superintendeut of Fire Brigades, and includes any deputy superintendent of fire brigades, fore- man, officer, or fireman for the time being in charge or in com- mand of a Fire Brigade:

" The Board " means the Fire Brigades Board constituted under

this Act:

'' Volunteer Fire Brigade " means any fire brigade supported by voluntary contributions; but does not include any fire brigade or corps formed for the purpose of prorecting any particular building or premises, with the consent of the owner or occupier of such building or premises.

Applioation of Aot, 4. This Act shall apply-

LSection S of Aat	1.	To the Municipality of Adelaide:
of 1890, dtered.
1	I.	To the municipalities and districts proclaimed under the provisions of a The Fire Brigades Act, 1890 ":
To every mut~icipality and district to which, the Governor,

upon the application of the Council of such municipality or of the District Council of a district other than the

districts

4' EDWAKDI VII, No. 860.

The Fire Brigades Act.-1 904.

districts mentioned in section 60 of The District Councils Amendment Act, 1904," and upon the recommendation of the Board, niay by Proclamatiou in the Government Qaretle declare that this Act shall apply:

I V. '1'0 any fire in a inuniciyalitv or district not under this Act, to

which fire a brigade Goceeds under the provisions of

section 40 of this Act.

5, This Act is divided into the following Parts :- Divisiom of Aet.

. PART I.-Incorporation, Constitution, Duties, and Powers of

Board:

P a RT i I .-Salvage Corps:

PART 111.-Volunteer Fire Brigades:

PART 1v.-The Superintelldent: his Appointment, Duties, and

Powers:

PART v.-Contributions to Board:

PART L. PART I.

INCORPORATION, CONS'L'ITUTION, l)UTIES, ANL)

POWERS OF BOARD.

6, (1) A Board of six members is hereby constituted, which constitution of

shall be a body corporate by the name of "The Fire Brigades Board.

Boanl," a d byv that -name shall have perpetual succession zkd a 5, Act ,85,80,

common seal, and be capable in law of suing and being sued.	altered.
(2) All Courts, Judges, and persol~s acting judicially, shali take judicial notice of such seal when affixed to any instrument, and

shall presume that the same was properly affixed thereto.

7, No act or proceeding of the Hoard shall be invalidated or certain actsot

illegal in collsequence only of the uumber of the members of the to invalidatad-

~ o i r d not being complet~ at the t h e of such act or proceeding SW. 6, A C ~ 496190.

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

subsequetit discovery of any defect in the appointment of any	1
member thereof, or that any member was disqualified or disentitled to act, bB as valid as if every such person had been duly appointed and was qualified to be and to act anti vote as a member of the Board.

8, I n the month of January, oue thousand nine hundred and Appointmentof the

five, and in the month of January in every succeeding alternate oard d.

year the Governor shall appoint six persons to be members of

the Board, who shall hold office until the appointment of their successors, and each retiring member of the Board shall be eligible

for re-appoin tment.

Q. (1) At

4' EDWARDI . VII, No. 860.

The Fire Brigades Act.-1904.

PAET I.

--- Q, (l) At the appointment of a Board in the month of January,

~ ~ ~ mem- one thousand nine hundred and five, and at every subsequent i ~ ~ ~ i ~ ~ ~ f

bemofthe Board.

appointment, one of the persons appointed shall be appointed on the

Sec. R, Act 496/90,

nomination of the council of the municipality of Adelaide, one on

shred.

the nomination of the other municipalities and districts subject to

the provisions of this Act, and two -on the nomination of the con-

tributory companies.

(2) The name of the person nominated by the council of the municipalitv of Adelaide shall be certified to the Governor under the hand o i the mayor or town clerk thereof; and the name of the person nominated on behalf of such other municipalities and districts shall be certified in manner to be provided for h y regulations; and the name of the persons nominated by the contributory companies shall be so certified under the hand of the chairman of the meeting, to be held as hereinafter provided, of the representatives of such companies.

.

(3) Such nominations shall be made and certified to the Governor on or before the fifteenth day of January, one thousand nine hundred and five. and on or before the fifteenth day of January in every succeeding alternate year.

(4) If the council of the municipality of Adelaide, or such other municipalities and districts, or the said contributory companies, fail to exercise their respective rights of nomination in manner herein- before provided, such right shall lapse for that year, and the Governor may appoint a member or members of the Hoard, without any nomination, who shall hold otfice during the same period and in all respects as if he or they had been appointed on the nomination of the body or persons so failing to nominate as aforesaid.

8 e e r e h ~ toconvene 10. (1 ) In the month of December, one thousand nine hundred

meeting ,of contribu-

tory eompaniee. and four, and in the rno~lth of December in every succeeding alternate

year the secretary of the Board shall, for the of no&nating a

l o t 4 9 6 ~ 9 0 ~ person for appointment as a member of the Board, convene a meet-

ing of the representatives of the contributory companies by circular	addressed to each company, or the secretary or representative
thereof.

Ohairmen to be

elected. (2) Such meeting shall elect a chairman, and all matters shall be decided by a majority of votes.

voting. (3) The votes allotted to each representative shall be as follows:-

Where the company's premium income in the State does not exceed Two Thousand Pounds, one vote; where such income is above 'l'wo Thousand Pounds and does not exceed Five Thousand Pounds, two votes; where such income is above Five Thonsaud Pounds, three votes.

Cbaiman's vote. (4 ) The chairman shall have a vote, and, in the eoent of equalitv of votes, shall also have a casting vote.

Q o v - o r m a ~ ~ ~ 11, (1) The Governor may make, alter, amend, or vary rules ruler for nomination. and regulations, providing the method and colditions under which

the

4' EDWARDI VII, No. 860.

The Fire Brigades Act.-1904.

PABT I.

' the municipality of Adelaide, and the other municipalities and -- - --

districts subject to this Act, and the contributory companies shall

SW. l \, Act 49bp0.

exercise the respective rights of nomination hereinbefore given to

them.

(2) Such rules shqll, upon publication in the Government Gazette,

be valid and have the force of law.

(3) The tenor and validiiy of such rules shall be conclusively proved bv the production of the Government Guzette in which such

ruler are published.

12. (1) No uncertificated insolvent shall be appointed rr member	Insolvent perron not
to be or @nne a

of the Board. member of the W.

('L) Any member who is adjudicated insolverrt, or who applies to

take the benefit of any Act fbr the relief of insolvent debtors, or	SW. 12, Act 495l&).
who assigns or attempts to assign his eatate for the benefit of his creditors, or who compounds with his creditors for less than Twenty Shillings in the Pound, shall vacate his eat OI I the Boi~rd.
(3) If any member shall, without leave of the Board, be absent from three consecutive meetings of the Board, the Board may declare the seat of such member vacwt, and he sliall thereupon vacate his seat.

13. The Governor may--	or auepend member of
Governor may remove
Board and appoint

I. At pleasure remove or suspend any member of the Board:	sncces80r.
1 1. Without nomination appoint any person to fill ally vacancy

on the Board caused by death, resignation, or removal, or	Sec. 13, Act 4@5/90.
occurring under section 12, a d such person shall hold office so long only as the member in whose place he is rtppoi~~tttd would have held office had no snch vacancy occurred.

14. The duty of regulating and enforcing a11 necessary steps for extinguishing fires and protecting life and property in case of fire	Dut,y of Board.
and the general control of all fire stations and brigades shall, subject	8912. 19, Act 496190.
to the provisions of this Act, be vested in the Board; dnd, in the performance of that duty, the Board may provide and maintain Fire Brigades, co~isisting of efficient firemen, furnished with such applianc& as may be neFessary for the complete equipment of such brigades and the performauce of their duties.

Act comes into operation is vested in the .Fire Brigades Board, as of tubting%oad 15. All real and personal property which at the time whet1 this Veetingot mperty

constituted by the L ' Fire Brigades Act, 1890," shall thereupon vest in &,.	,,, Act 4rss,90.
the Board, subject to all liabilities and obligations attaching thereto.

16. (1) Ordinary meetings of the Board shall be held for the MwtineoftheBoard

dispatch of business at such times, not being less than once i n every

four weeks, as the Board shall determine. Sec. 16, Aot 496190.

( 2 ) S W

4 O EDWARDI VII, No. 860.

The Fire Briyades Act.-1 904.

PART I.	(2) Special meetings may be held at any time.
(3) The members of the Board may elect one of their number to

be chairman of the Board, and all questions shall be decided by a

majority of votes; the chairman shall have only m e vote.

(4) The members of the Board shall have the custodv and use of the common seal of the Board, and such seal shall not he affixed to any deed or instrument except in the presence of two of the mem- bers, and every deed or instrument to which such seal is required shall be signed by two of the ulen~bers and countersigned by the secretary of the Board.

Powers to lease or

pnrchaae. 17. The Board may lease, purchase, or otherwise acquire and

hold, for the purposes of this Act, srich real or personal property as

sec. 17, A C ~ 496po. the Board may deem necessary.

Power to sell or

mortgage. 18, ( 1) The Board may sell, demise, or lease. or otherwise dispose of any real or personal property belonging to the Board, and may mort-

&c. 18, A C ~	19R/90.	gage any freehold or leasehold lands, but every such dealing shall be subject to the previous consent of the Minister.
(2) Any sale of real or personal property may be by public auction or private contract, and either for cash or on credit, or partly for cash and partly on credit, and generally upon such terms and conditioils as the Board may determine.
(3) Any mortgage to be executed by the Board may contain a power of sale by the mortgagee, and such other powers, terms, and provisions as the Board may determine.
(4) Any demise or lease of real or personal property may be granted by the Board for any term of ! ears, or from year to year, or for any term less than a year, at such rent and subject to such covenants, conditions, provisos, and agreements as the Board may determine; and any such demise or lease may be gri111t.d subject to or in consideration of the payment of aoy fin; or premium, and with
or without a covenant to or a right of purchase.
(5) The Board may enter into any con tract or agreement with :my person or body corporate for any purpose having relation to the pro- visions of this Act.

Power to t1or1-0~.

19, (1) The Board may, with the consent of the Minister, and

either GP& the security of any freehold or leasehold lands 0.f the

Sec. 19, Act 496/90.

Board, or without security, borrow such moneys as may be necessary for the purpose OF enabling the Board to cxry out and perform the powers,-au~horities, and duties vested in or conferred-or imposed upon the Board by this Act.

(2) Any person lending money to the Board under this section shall not be concerned or bound to inquire as to the application of'

any such money, or be responsible for the rnisapplication or non-

application thereof.

(31 The moneys borrowed under this section shall not at any time

exceed Five Thousand Pounds.

q 20. The

4' EDWARDI VII, No. 860.

The Fire .B~igades Act.-1904.

20, The Board may contract with the Government of the Coln- PART I.

monwcalth of Australia, or with any compaiiy, or corporate body, or Contractsfor

person, for the establishment and maintenance of telegraphic or i ~ ~ ~ ~; l ' \ ~ ~ ~ ', , i -

telephonic communicat.ion between the several fire stations at which cation.

their fire engines or firemen may he placed, and between anv such sec. 6,90.

station and other pm ts of any locality to which the	'of this
,4ct shall apply.

21, (1) The Board tnay repeal, or vary, rnhol!~ or in part, ail7 by- Board mapmake

laws or regulations heretofore in force under the " Fire Brigades Act, wgulatiooa. by-laws and

1890," and may makt~. alter, and repeal such by-laws and regulations

as may be necessary for the fhllowing purposes :- sec. 22, A C ~ 495/90.

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

11. For the payment of salaries or wages to the officers and

members of the Fire Brigades:

1 1 1. For the payment of compensation in case of accident to

officers or members of any Fire Hrigade, or to the wife and family of any such officer or member in the event of his death by accident whilst acting in the discharge of his duty:.

[V. For the payment to any person in respect of vohntaq- or

, special services rendered to the Fire Brigades:

v. For 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:

v]. For regulating the registration of Volunteer Fire Brigades:

vrr. For regulating the meetings and general business of the Board, and generally for dulv administering and carrying

out the duties entrusted to the Board by this Act:

~ 1 1 1. For defining and regulating the conditions of service for

permanent members and auxiliary rnembers of Fire

Brigades:

rx. Regulating the conditions under and subject to which the

superintendent or foreman shall have access to the places

referred to in section 88 of this Act:

l

X. For such other purposes as the Governor, by Proclamation in

the Government Gazette, may order:

XI. For fixing penalties for the breach of any by-law or regula- tion not exceeding the sum of Ten Pounds.

(2) Such by-laws and regulations shall have the common seal of the Board affixed thereto, and, when approved by the Governor and published in the Govprrrment Gazette, shall be valid and have the force of law.

(3) Such .

4' EDWARDI 1 1 No. 860.

The Ere Brigades Act.-1904.

PART I. (8) Such by-laws and regulations shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament be then sitting, and if Parlia,ment be not sitting, then within fourteen days after the commencement of the next sitting of Parliament.

Annual report.

22, The Board shall, on or before the thirty-first day of January

in the year one thousand nine hundred and six, and on or before the

sec. 239 Act 49S/90- thirty-first day of January in every succeeding year, report to the

Minister its proceedings during the twelve months ending on the thirty-first day of Llecember of the preceding year, and a copy of such report shall be laid each year before Parliament.

Audit of accounts. 23. The accounts of the Board shall be audited annually by the

Commissioner of Audit, who shall exercise the powers conferred

24*Act496'9Q' upon t,im by " The Audit Act, 1882," and an abstract of such

accounts shall be annually forwarded to the Minister.

PABT 11. PART 11.

SALVAGE CORPS.

B O may eatab- ~ 24. The Board may establish and maintain Salvage Corps, con-

lish and maintain

sisting of efficient firemen and others, and may furnish such corps

~ ~ e l v ~ g e corps.

with all necessary quarters, appliances, horses, carts, hoses, accoutre-

h. 26, Act 495190- ments, implements, tools, and plant.

salvage Corps estab- 25, ( 2 ) In the event of the insurance companies, or any of

lirbd by companies. them, establishing any Salvage Corps, the Fire Brigades, subject to

see. 26, *95,90. any regulations made by the Board-

r. Shall afford all necessary assistance to the members of such

corps in the performance of their duties:

XI. Shall, upon the application of any officer of such corps, hand

over to his custody or as he may direct property saved

from fire.

(2) No charge shall be made by the Board for the services so rendered by any Fire Brigade.

(3) Such Salvage Corps shall not be entitled to any payment out of the funds of the Board.

Euperintendentmay 26, The superintendent may inspect any Salvage Corps and

inapeet 8alvsge

.Carpam enforce compliance with any regulations affecting such corps.

PABT 111. PAR'L' 111.

VOLUNTEER FIRE BRIGADES.

27, (1) Every Volunteer Fire Brigade existing upon the coming

% m t i m,

tron, C O U ~ ~ ~ I iv- ~ n d

PIJ-~ bun- into operation ot this Act ehall forthwith be registered at the otfice

P i Bwa. of the Board. (2) Every

h. 37, Act 496190.

4" EDWARDI VII, No. 860.

The Fire Brigades Act. -1904.

(2) Every Volunteer Fire Brigade formed after the coming into

operation of this Act shall be registered within twenty eight days

from the formation thereof.

PABT m.

(3) Every Volunteer Fire Brigade, whether established within the

municipality of Adelaide or elsewhere, shall be subject to inspection

by the superintendent.

(4) Every Volunteer Fire Brigade when present at any fire shall

be under the control, and shall obey the orders of, the snperinten-

dent.

(5) The Board may, upon the certiticate of the superintendent

that efficient or valuable services have been rendered by a Vol~~nteer members thereof, such moneys as the Board may determine.

PART IV. PABT m.

THE SUPERINTBNDENT: HIS APPOINTMENT, IIUTIES,

AND POWERS.

28, The Board may appoint the following officers-	Fire Brigadea.
Superintendent of

(a) The Superintendent of Fire Brigades,	ea. 28, A C ~	496/90.
(b) The Deputy Superintendent of Fire Brigades, and
(c) The Secretary of the Board,

at such salary and upon such tepms as the Board may determine, and

may suspend and remove any of such officers.

29. The present superintendent and all other officers of the dent h and nt superinten- oeicenr to

Fire Brigades holding office, and all firemen and servants employed in ~ f f i -.

by the Board on the coming into operation of this Act, shall be

9ec. 42, A C ~ 496190

deemed to have been appointed and engaged under this Act.

30, The Fire Brigades for the municipality of Adelaide shall Fire B-W to be

under command of

be under the command of the superintendent. euperintmdent .

Sec. 29, Act 495/90.

Board, appoint all foremen, officers, and members of the permanent dillmiesal of officers. 31, The superintendent shall, subject to the approval of the Appointment and

brigades, upon such terms and at such salaries or wages as the 41, Act4g5,so,

Board may determine, and may, without such approval, suspend any altered. foreman, officer, fireman, or servant.

32, The superintendent may inspect any Fire Brigade, whether Power to h ~ any t

Fire Brigede.

established within the municipality of	Adelaide or elsewhere.	Bee m. 29. Aot
496190.

B-960 33. The

4' EDWARDI VII, No. 860.

The Fire Br<qades Act.-1904.

PART i v. 33. The superintendent shall, subject to any regulations made

Dutiea and powers of by the Board, perform the following duties, and may exercise the

nuperintendent. following powera within the municipality of Adelaide :-

SW. 30, B C ~	496190	I. H e shall, upon alarm of fire, proceed with all possible speed to the place where such fire has happened, and endeavor by all practicable means to extinguish the fire and save lives and all property in jeopardy:
11. He shall control, direct, and regulate the working of the

Fire Brigades at any fire:

111. He shall control and direct any Volunteer Fire Brigade

present at any fire, and any persons who place their

services at his disposal

[v. He may take and direct any measures which appear to him necessary or expedient for the protection of life and property, or for 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. H e 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 extingnishing any fire; and the Govern- ment shall not be liable for any damages by reason of any

'

interruption of the supply of water occasioned only bp

the exercise of such power:

VI. 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:

VII. H e 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

adjacent thereto; and no company supplying gas shall be	building or land adjoining such building or premises or
liable for any damages by reason of any interruption in the supply of gas occasioned by the exercise of this power:

V I I T. He may at the time of a fire, or thereafter, pull down or

shore up any wall or buildiog which may be damaged, or which in his opinion may be likely to Le 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 may 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 interferes with the operations of any Fire Brigade.

34. The

4 EDWARDI VII, No. 860.

The Fire Beqades Act. -1 904.

34. The superintendent or any officer or person authorised by PART IT.

him,	may-	8u~erintendent may
enkr building on fire

T. Enter and, if necessary, break into any building or premises andremoveinfllm- mable materials.

on fire, or any building or premim adjacent thereto; Sec. 40, Act 495190.

11. Remove or cause to be removed, without reeponsibility for any

consequent loss or damage, any dangerous combustible or inflamn~able material or substance found in any such building or on any such premises.

36, The superintendent, in addition to the duties and powere General a u t i ~ or

imposed and conferred upon him by section 33, shall- superintendent.

I. Keep a book containing the name, age, occupation, and Sec. 319 Act496190

place of abode of each member of the brigades:

11. Summon, once a month at least, all, or as many of the

members of the brigades as may be required for practice, in order to render the members fit and efficient for service:

111. Have at all times the immediate charge and control of all

engines, hol-ses, carts, reels, buckets, hoses, ladders, fire escapes, and other plant belonging to the Board, and keep the same in a fit state for efficient service.

36, The superintendent shall-	inspect buildings and
Superintendent may

I. Have free access at all reasonable times to any and every part repO*b Boa*.

of any building, room, or place licensed or sought -to be ,c.	,,,	,,4,y90.
licensed under the provisions of the " Places of Public L Entertainment Act," or any Act amending the same, or any Act of Parliament for a like object, in order to inspect the same and ascertain whether the provisions of such Act are complied with:

J I. Report any non-compliance with euch provisions to the

Board:

1 1 1. Every person who obstructs or hinders the superintendent in his inspection of any such building, room, or place shall be liable to a penalty not exceeding Ten Pounds.

37, The Board, upon receiving a report from the superintendent Board t o f o r ~ ~ d

under section 36, shall forward a copy thereof to the mayor of the ~

~

~

t

~

~

,

"

~

~

i

t

~

municipality or chairman of the district council of the district in

which such building, room, or place is situate. SW. 33, A C ~ 406190.

38. (1) 'l'he superintendent or any foreman shall, at all times, but Superintendent or foreman to have aoctuu

subject to any regulations made by the Board, have free access to, plao, ,,,h,

any building, erection, ship, vessel, wharf, jetty, land, or premises, ?XE&OU~ ts explosives ~ ~ l a t a ~ i d ~

and any part or parts thereof respectively, where he suspects that ,kept.

any gunpowder explosive, or explosive substance, or kerosine, or

any empty caseg, paper shavings, crates packed with straw, or any flee. 389 496190-

other dangerous com bus tible or inflammable material or substance

4" EDWARDI VII, No. 860.

The f i re Brigades Act-1904.

PART

is or are stored, placed, stacked, or kept contrary to law or to the provisions of any by-law or regulation 'made under any Act of Par- liamen t.

(2) If he discovers that any such material or substance is so

stored, placed, stacked, or kept, he shall report such discovery to

the Bosrd.

(3) Upon the receipt of such report the Board may deliver, or cause to be delivered or posted, to the master or 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 specified in such notice.

(4) 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.

( 6 ) Every person who obstructs, hinders, or delays the superin- tendent in making any such inspection as aforesaid shall be liable to a penalty of not less than E'ive Pounds and not exceeding Fifty Pounds.

Bupe&tendent may	39, When a fire occurs outside the municipality of Adelaide the
pmod

Adelaide to and be take Ouhide superintendent may, and he shall if directed 60 to7 do by regulation of the Board, proceed to such fire, and take command of all Fire Brigades pres&t, and upon so taking command he shall and may

command.

3 4 1 Act 4sb190. exercise all the duties and powers which are hereby imposed or conferred upon, or are exercisable by him, within the municipality of Adelaide, or such of them as may be applicable.

Brigademay pmeed 40, (1) The superintendent or any foreman may permit the

beyond limits of

municipality. whole or any part of any Fire Brigade or Salvage Corps, with their

sec. 39, Act 495190. proceed beyond the limits of any municipality or district for the	engines, hoses, reels, horses, carts, escapes, and other appliances, to
purpose of extinguishing fire.
Owner and ocoupier	(2) I n such case the owner and occupier of the property where the fire has occurred shall be jointly and severally liable to pay all the expenses which may be incurred by the Fire Brigades in attending the fire, and shall also pay to the Bosrd charges in accordance with the Schedule hereto, and in default of payment any mch expenses and charges may be recovered by the Board in a summary manner.
to pay expenea.

Owner or occupier	(3) If	any such owner or occupier shall pay such expenses and
paying may recover

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

e t h,,,

jointly liable.	pay such expenaes and charges one-half of the amount thereof.
Police to reoogniee

authority of superin- 41. ( l) The authority of the superintendent shall be recognised

tendent. by all officers and members of the Police Force and all other persons.

h. 85, A& ~ Q ~ / B O. (2) The

4' EDWARDI VII, No. 860. IS

me Rre Briqades Act.-1 904.

(2) The officer commanding the Police Force present at any fire

shall sumort and assist the su~erintendent in maintaining his Police to eeaiet ~ U W -

authorit;' and enforcing his eiders, and such officer an2 all

constables may, if he or they shall think proper, and he and they

shall, at the request of the superintendent, remove any person

interfering with the operations of any Fire Brigade.

PART Iv.

42. (1) The Fire Brigade for each municipality (other than the Command of Firs

municipality of Adelaide) and the Fire Brigade for each district shall mu~cifity of	Brigades outside
be commanded by an officer to be called a foreman.	hide.
Sec. 36, Act 496190.

(2) Every foreman shall, within such municipality or district, ~ ~ dutiea oi ~ ~ ~ ~ n d

fo'8mm.

perform the like duties and may exercise the like powers as are by such foreman shall act under the directions and obey the orders of the superintendent.

this Act irn posed or conferred upon the superin tendent, except where

the superintendent attends at any fire outside the municipality of

43, The powers conferred by this Act upon the superintendent Powwaot ~~per;nten-

or any foreman may, in case of the absence or disability of such ~	~	~	$	~	~	~	~	-	~
superintendent or foreman, be exercised by any deputy superinten- deputy.

dent, or by any other officer or fireman for the time being in corn-	a,, Act 4gygo.
mand of any Fire Brigade.

PART V. PART v,

CONTRIBUTIONS TO BOARD.

44, (1) In the month of January in every year the Board shall yearly dimabof

prepare a separate estimate of the probable necessary expenditure :ztditm

be

for the current year in the execution of this Act within each

municipality and district, subject to the provisions of this Act.

(2) No estimate shall exceed in any one year such limit as may ~i,ihti,, ,,

be fixed by the Minister, nor have any force or effect until approved	;	~	;	~	~	~	~	~	~	J	-
by the Governor.	1890)-

45, (1 ) The -aggregate of the estimates made pursuant to Contributione to

section 44 shall be contributed and paid to the Board as follows :- expendiweOf

I

I. Three-ninths thereof by the Treasurer:	SW. 43, Act 495190,
altered.

r l. Four-ninths thereof by the insurance companies:

t I I. T w +ninths thereof by the municipalities and districts which

are subject to the provisions of this Act, in the proportion which the estimate for each contributing municipality or district bears to such aggregate estimated expenditure.

(2) Such payments shall be made by quarterly payments on the

first days of April, J uly, October, and January h each year, or at

such other times as the Board may determine.

(3)

4' EDWARDI VII, No. 860.

The fire Brigades Act.-1904.

YART P. (3) The contribution of the insurance companies shall be made

by each company paying to the Board towards each contribution a sum of money (being not less than Ten Pounds per annum) calcu- lated ratably on the premium income derived from insurance business within the State by such company, as shown in the return herein- after mentioned.

Returna by insumce 48. (1) For the purpose of ascertaining its contribution each

companies.	contributi~lg company shall, in the month of July in each year, or at
sec. 44, Act rocpo.	such other time as the Board may direct, furnish the Board with a return showing the amount of annual premium receipts (re-insurance within the State excepted) for the preceding twelve months.
TO be verified by

statutory declaration. by a director, or the manager, secretary, agent, 01. attorney of such	(2) Such return shall have annexed thereto a statutory declaration company, that, according to the books thereof, and to the best of his knowledge, information, and belief, such return contains a true account and statement of the amount of such premium income.
Penalty for neglect to
furnhh return.	(3) If any such company makes default in furnishing such return and declaration, such company and every director, secretary, agent, or attorney thereof 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.

Penalty for false (4) Any person who wilfully makes a false declaration as to any

declaration.

such return shall be liable to a penalty of not less than Twenty

Pounds and not exceeding Fifty Pounds.

Contribution by new

companies.

(5) Every contributory company commencing 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 o f a quarter until the then next time for making

returns, as provided by sub-oection (1).

inspection of booka. books and papers of any contributory company shall allow any	Companies to permit 47, ( 1 ) The secretary or bther officer having the custody of the
h. 46, Act rg,r,/,go. person appointed by the Board to inspect, during business hours, any books and papers of such company, and to make extracts there- from in order to verify any return or declaration made in pursuance of this Act.
Penalty. (2 ) Any such secretmy or officer failing to comply with the requirements of this section shall be liable to a penalty not exceeding Five Pounds.
Contribution of 48.

'l'he contribution payable under this Act by any municipality such municipality or such district council by increasing the rates for

municipalities and

councils may be or district council may (if necessary) be raised by the council of

*id rates. "-"

h. rr, r g c l g o, the year following the payment of such contribution by a sum in the

altered. Pound sufficient to provide the amount.

49. Any

4' EDWARDI VII, No. 860.

The E r e Brigades Act.-1904.

49. Any contribution payable under this Act may be recovered -- .P- PART v.

by action or in a summary manner.	Conttibutione, ~ O W
rmoverable.
h. 48, Act 496190.

PART VI. PART v].

MISCELLANEOUS.

50. The Board may permit the whole or any part of any Fire Brigadeemaybe

Brigade to be employed on special service at such remuneration and ,,ice.	employed on apeeial
and upon such terms as the Board may determine.	BW. 49, A C ~ 496190.

51, The Board may furnish the superintendent, and also all Uniforms.

officers and men of any Fire Brigade, with such uniforms as the 8eo. 60, A C ~	496/90.
Board may determine.

62, The Commissioner of Police, or the senior officer on duty at Police to attend fires.

the police station nearest to the place where any fire occurs, shall,

on receiving information of any fire, forthwith dispatch a sufficient Sec. 61, Act 496/90.

number of police for the purpose of preserving order and assisting

any Fire Brigade present at such fire.

53, Every turncock employed bv the Commissioner of Water- Turncooks to attend

works shall forthwith, on any fire occurring within the district

by a11 means in his power the ensuring of a copious supply and	allotted to him, proceed with all possibleOspeed to the fire, and assist Sec; 62, Act 496/90.
service of watftr.

'54. Every company or person supplying gas or artificial light to D iscomection of p

or artiticial light.

any premises on fire shall forthwith send some competent person to

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

63, A& 496,90.

premises, or to any building or lend adjoining such premises, or

adjacent thereto, as and if directed so to do by the superintendent.

65. Any person who- Offencee.

I. Wilfully obstructs or interferes with the superintendent, or sec. 64, ~ c t 496190.

any member of any Fire Brigade, or with any person acting under the authority of the Board or of the superin- tendent:

11. Injures or destroys any building, engine, reel, hose, pipe, l

ladder, or other thing belonging to the Board:

11 I. Remains in any building belonging to the Board after being

ordered by the superintendent to quit the same:

rv. Retains possession of any property belonging to the 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 tern not exceeding six months, with or without hard labor, and shall also - be liable for, and may be ordered to pay, the estimated

damage.

4' EDWARDI VII, No. 860. --

The Fire Brigades Act.-1904.

PART VI. 56. Any person who wilfully covers up or encloses any fire- .

Penalty for covering

plug so as to render its position difficult of identification, or who

up Brepluga.

obliterates any mark, sign, or letter used for the purpose of dis-

Sec. 66, Act 495/90.

tinguishing the position of any fireplug, shall be liable to a penalty

of not less than Five Pounds and not exceeding Fifty Pounds.

Tampering with fire

57. 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 subsequent offence shall be liable to imprisonment for a period not exceeding six months, with or without hard labor, and without the option of a fine.

alarma.

Payment of expenem

where house or pro- 58. The owner of any uninsured house or building or uninsured

perty uninsured.	vessel afloat, and the owner of any uninsured personal property which may be therein at the time of the fire, shall pay to the Board
Sec. 67, Act 496/90.	the expenses incurred by the Fire Brigades in attending the fire, and shall also pay to the Board the appropriate charges mentioned in the Schedule hereto, and in default such expenses and charges may be recovered by action, or in st summary way.

I. " Uninsured house or building " means a house or building not insured with a contributory company, and uninsured vessel afloat " means a vessel not insured with a contribu- tory company and afloat within three miles of the shore of this State:

11. " Uninsured personal property" means personal property not insured with a contributory company:

111. The expenses and charges payable under this section shall be

ratably apportioned between the owner of the uninsured hou~e or building or uninsured veesel afloat and the owner of the uninsured personal property, according to the reepective values of the house, or building, or vessel and

caused by the fire: the personal property, and the amount of the damage

i v. If any dispute arises between the parties liable to pay under

this section as to the proportion payable by each or any of them, the Board may determine the amount payable by each such party, and such determination, when intimated to such parties by writing under the seal of the Board, shall be final and bind all the parties concerned:

v. In any action or proceeding to recover moneys pay able under this section it shall be sufficient to allege that the Board has fixed the amount payable by the defendant, and the

onus of proving the contrary shall be on the defendant:

vr. Where a fire occurs in an uninsured house or building wherein is personal property which is insured, the owner of' such house or building shall pay the whole of the expenses and

charges payable under this section:

vrr. Where

4' EDWARDI VII, No. 860.

The Fire Brigades Act.-1904,

*ABT

V I I. Where a fire occurs in any insured house or building wherein is uninsured personal property, the owner of such uninsured personal property shall pay a proportionate part of the expenses and charges payable under thn section:

W ~ I. Where a fire occurs on any personal property not in any

house or building at the time of a fire, the owner of such personal property shall pay to the Board the expenses incurred by the Fire Brigades in attending the fire and the charges mentioned in Part 1 of the Schedule hereto, and, in default, such expenses and chargee may be recovered by action in a summary way :

IX. The Government shall not, under any circumstances, be liable to pay the expenses and charges referred to in this section.

59. (1 ) The owner of a house or building where a fire occurs, and ~~~~~

the owner of any personal property in or about such house or =m. -

building, shall, upon request by any member or officer of the Board,	or by the superintendent, or any foreman, inform such member, Sec. 68, Act 496/90
officer, superintendent, or foreman whether such h o w or building, or personal property, is insured or not; and furnish such member, officer, superintendent, or foreman with full particulars of any insurance thereon, including the name of the insuring company and the amount of such insurance.
(2) Any person who refuses to comply with any such request, or who wilfully gives any false information, or incorrect particul are with regard to such insurance, shall be liable to a penalty not exceeding Twenty Pounds.

60. Any damage to property occasioned by a Fire Brigade, or ~ a m a ~ e done ta be

by the superintendent, or any member of a brigade, shall be within~Ecy.

deemed to be damage by fire within the waning of any policy of SW. 59, act 496/90.

insurance against fire covering the property so damaged.

61, (1) At any inquest on a fire the Board may be represented by Repreamtation at

a member of the Board, or by any person appointed by them, who "quWt.

may adduce evidence, examine witnesses, and address the Court. 619 sot 495190.

(2) Notwithstanding any thing to the contrary contained in ' G The Inqueat on firea.

Coroners Act, 1884," an inquiry into the cause and origin of a fire of 1890, Victorian Act, 1077

shall, with the consent of the Minister, be held at the request of any m o ~ a d.

person and upon payment by him to the Coroner of the sum of Five

Pounds Five Shillings.

62. The superintendent or any'officer, servant, or agent of the D ~ M U O ~ ~ ~ Q I W Y ~

Board, may-	aear~hd.
h. 60, 61, and 68,

I. Enter any building or place where any fire has occurred and A" t4Qb/gO.

~earch the same and the &bris of such fire:

C-860 11. In

4" EDWARDI VII, No. 860.

The Eire Brigades Act.-1904.

PART VL

v rr. In the event of circumstances which in the opinion of the

superintendent or the police are of a suspicious nature, continue in possession until an inquest has been held concerning the czruse or origin of such fire:

111. Remove and keep possession of any materials which may tend

to prove the origin of such fire:

W. Take and keep posseesion, and remove for safe custody, until

authorised by the Board to return the same to the person

entitled thereto, all property found on such premises:

v. Should the Board not deal with the property so taken possession of by the superintendent within seven days of the date on which the fire occurred, such property shall be forthwith delivered by the superintendent to the owner thereof.

Flulure to deliver up 63, Where any officer, fireman, or other person who has been

premises occupied by

officer or fireman.

employed by the Board in any capacity, and -has resigned or been discharged, continues to occupy any premises belonging to the Board,

sec. 64, Act 496190.

or to the ~ossession whereof the Board mav be entitled, after notice in writinh from the Board to deliver up phssession thdreof, 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 juris- diction within the place where such premises are situate might lawfully do by virtue of a writ of possession.

Detention of Board'a 64, ( 1) The superintendent or any officer, servant, or agent of

erope*~. the Board may enter, and, if necessary, break into any place where

Be,,. 66, *sa,go. any property of the Board is detained contrary to the order of the

superintendent or of the Board, and ma! remove the same.

(2) 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.

Report of fira. 65. The superintendent or foreman in charge of the brigade

sec. present at a fire shall, as soon as possible, report such fire to the

496/90. Board, and upon receipt of such report the Board, or the secretary, or any other person authorised by the Board, shall forward to the contributing companies a notice of such fire.

Aotions eg-t h r d. m,

( 1) All actions to be brought against the Board, or against any person, for anything done or purporting to have been done

''9 496190. under this Act, shall be commenced within six mouths after the act complained of was committed or the damage was sustained.

( 2 ) No

4" EDWARDI VII, No. 860.

The Ere Brigades Act.-1904.

(2) No action shall be commenced or process issued against the Board, or against any person, or anything done, or purporting to have been done, under this Act until notice in 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.

PAW ~ 1.

(3) Such notice shall clearly and explicitly set forth the nature of the intended action and the cause thereof, and on such notice shall be written the name and place of abode of the party intending to bring such action, and the name and place of business of his attorney or agent (if my).

(4) No plaintiff shall recover in any such action if tender of sufficient amends haa been made before such action was brought, or if the matter or thing complained of appears to have been done under the authority and in execution of this Act.

(5) In any such action the defendant may, in addition to any

other plea, plead tender of amends, and may give this Act and the

special matter in evidence.

67. No fire engine, fire escape, reel, horse, cart. hose, accoutre- Plant not tobesehed.

Board, shall be seized or sold under any writ or warrant of execu- 8ec. 68, Act 496190.	ment, plant, tool, implement, or other appliance, belonging to the
tion or other process.

68. No member of the Board shall be personally liable for any Membenof ~ o a r d not

to be personally

act done by the Board of which he is a member.	liable.
8ec. 69, Act 496190.

69. All proceedings for fines or penalties imposed by this Act, B u m m a r y p ~ w

or for the recovery of any sum of money declared to be recoverable

in a summary manner, may be heard and determined by any special Sec. 70, Act 495190.

Magistrate or any two Justices of the Peace in a summary way,

under the provisiona of the Ordinance No. 6 of 1850, intituled An

Ordinance to facilitate the performance of the Duties of Justices of

the Peace out of Sessions with respect to summary convictions and

orders," or of any Act for the time being in force relating to the

duties of Justices of the Peace with respect to summary convictions

and orders, and all convictions and orders made by such Justices l

may be enforced as in the said Ordinance, or in any other Act as

aforesaid, is or shall be provided.

70. The following enactment8 shall apply to proceedings under p r n - 0 ~ ~ to S--

this Act, that is to say :- msry pm-.

I. The description of any offence in the words of this Act, or in h- 71, Aot 4Q61m-

similar words, shall be sufficient in law; and

11. Any exception, exemption, proviso, excuse, or qualification,

whether i t does or does not accompany in the same section the description of the offence, may 'be proved by the

defendant,

4 O EDWARDI VII, No. 860.

The Fire Brigades Act.- 1904.

defendant, but need not be specified or negatived in the information or complaint, and if so specified or negatived,

no proof in relation to the matter so specified or negatived

shall be required on the part of the informant or com-

plainant; and

111. A warrant of commitment shall not be held void by reason of any defect therein if it be therein alleged that the offender has been convicted, and there ie a good and valid conviction to sustain the same.

A P P ~.	71, There shall be an appeal to the Local Court of Adelaide of Full Jurisdiction, or to the Local Court of	Full Jurisdiction nearest to
sec. 72, Act 495/90.

where the fire occurred, from any conviction of any Special Magistrate or Justices for any offence under this Act, and from any order dis- missing any information or complaint or other order 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 Courts, or any Act now or hereafter 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 tit, although such costs may exceed Ten Pounds.

Government Gamtte to	72, The Gouernm~nt Guzette containing any l'roclamation or validity of such Proclamation or order, and shall be evidence of the facts stated,, recited, or assumed therein, and no such Proclamation shall be invalid by reason of anything required as preliminary thereto not having been duly done.
be evidence.	order made by the Governor under this Act, or the Act hereby

sec. 4sa,so. repealed, shall be conclusiv~ evidence of the fact, tenor, and

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

this Bill. GEORGE R. LE HUNTE, Governor.

4 O EDWARDI VII, No. 860.

The Fwe Brigudes Act. - 1 904.

SCHEDULE.

PART 1.

Scale of Chargts allowedJor Attendance at any Fires on Land.

For Superintendent of Fire Brigades or officer in charge, for first hour.. For Superintendent of Fire Brigades or officer in charge, per hour for

each succeeding hour, day or night .. .. .. .. .. .. .. .. .. .. .. .. .. .

For use or attendance of steam engine, per hour .. .. .. .. .. ., .. .. ..

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

For each fireman, per hour' .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .

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 drying

yard after each fire, per 300ft.. .. .. .. .. . .. . .. .. .. .. .. . .. .. ..

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

For first notice of fire to the Superintendent of Fire Brigadee. .. .. .. .

For wages for each extra rnan engaged by the Superintendent at any

fire, day or night, for the first or each succeeding hour. .. .. . . .. .. .

Scale of Charges allowed for Attendance at any Ship Fi fes.

For Superintendent of Fire Brigades or officer in charge, for first hour For Superintendent of Fire Brigades or officer in charge, per hour for

each succeeding hour, day or night. .. ,. .. .. .. .. . . .. .. .. .. .. ..

For each reel or fire escape in attendance at any fire... .. .. .. .. .. .. .	For use or attendance of steam engine, per hour .. .. .. .. .. .. .. .. ..
For each fireman, per hour. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
For each horse taking reel to and from any fire, day or night. .. .. .. .
For cleaning and drying the hose and taking i t to and from the drying

jard after each fire, per 300ft. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .

For every home and cart attending any fire... .. .. .. .. .. .. . . .. .. .. .

For first notice of fire to the Superintendent of Fire Brigades. .. .. .. .

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

fire, day or night, for the first or each succeeding hour... .. .. .. .. .

-- -

c

Adelaide : By authority, C. E. BRIBTOW. Government Printer, North Temoe.