Fire Brigades Act

Question 1

What is the purpose of the Fire Brigades Act?

Answer 1

An Act to provide for the protection of persons and property from fire and from hazardous material incidents, and for that purpose to constitute New South Wales Fire Brigades as a Department of the Government and to provide for permanent and volunteer fire brigades; to amend certain Acts; and for other purposes.

Question 2

Explain the term ‘hazardous material’ as stated in the Fire Brigades Act 1989 section 3

Answer 2

hazardous material” means anything that, when produced, stored, moved, used or otherwise dealt with without adequate safeguards to prevent it from escaping, may cause injury or death or damage to property.

Question 3

Explain ‘officer in charge’ as defined in the Fire Brigades Act 1989

Answer 3

“officer in charge”, in relation to a place at which a fire brigade is present, means the Commissioner or, if the Commissioner is absent:

(a) the person for the time being in charge of any members of a permanent fire brigade present at that place, or
(b) if no members of a permanent fire brigade are present, the person for the time being in charge of any members of a volunteer fire brigade present at that place.

Question 4

Explain the terms ‘permanent’ and ‘volunteer’ as defined in the Fire Brigades Act 1989 section 3

Answer 4

“permanent fire brigade” means a permanent fire brigade established and maintained by the Commissioner, the services of whose members are wholly at the disposal of the Commissioner.
volunteer fire brigade” means any association of persons for which an approval as a volunteer fire brigade is in force under section 9, but does not include a rural fire brigade.

Question 5

Section 6 of the Fire Brigades Act deals with the ‘Duty to deal with Fires and Hazardous Material Incidents’. State the contents of this section.

Answer 5

(1) It is the duty of the Commissioner to take all practicable measures for preventing and extinguishing fires and protecting and saving life and property in case of fire in any fire district.
(2) It is the duty of the Commissioner to take all practicable measures:
(a) for protecting and saving life and property endangered by hazardous material incidents, and
(b) for confining or ending such an incident, and
(c) for rendering the site of such an incident safe.

Question 6

State the contents of Section 7 of the Fire Brigades Act that deals with the ‘General authority to protect persons and property’.

Answer 6

(1) The Commissioner is authorised to take measures anywhere in the State for protecting persons from injury or death and property from damage, whether or not fire or a hazardous material incident is involved.
(2) In the case of fire, it does not matter whether or not the persons are, or the property is, within a fire district.

Question 7

State the provisions of Section 11: Brigades to proceed with speed to suspected fires or hazardous material incidents.

Answer 7

(1) When there is an alarm of fire, a fire brigade must, despite anything to the contrary in any Act, proceed with all speed to the fire and try by all possible means to extinguish it and save any lives and property that are in danger.
(2) When there is a report of a hazardous material incident, a fire brigade must, despite anything to the contrary in any Act:
(a) proceed with all speed to the site of the incident, and
(b) try by all possible means to render the site of the incident safe and save any lives and property that are in danger.

Question 8

Section 12 of the Fire Brigades Act 1989, Deals with Investigation of reported fires and Hazardous material incidents. State these provisions.

Answer 8

(1) The officer in charge may, with or without members of a fire brigade, enter any place:
(a) in respect of which an alarm of fire is raised to ascertain whether there is a fire at the place, or
(b) in respect of which a report of a hazardous material incident has been made to ascertain whether there is any hazardous material at the place that is, or is about to be, the subject of a hazardous material incident.

Question 9

Section 13, of the Fire Brigades Act 1989, States the “General Powers of Officers at fires and hazardous material incidents”. List the contents of this Section.

Answer 9

(1) At a fire, the officer in charge:
(a) may take such measures as the officer thinks proper for the protection and saving of life and property and for the control and extinguishing of the fire, and
(b) is to control and direct the operations of any fire brigade.
(1A) At the site of a hazardous material incident, the officer in charge:
(a) may take such measures as the officer thinks proper for the protection and saving of life and property, for confining and ending the incident and for rendering the site safe, and
(b) is to control and direct the operations of any fire brigade.
The site is taken to be such area in the vicinity of the incident as is for the time being determined by the officer in charge.
(2) If the fire is a bush fire (including a grass fire), the officer in charge is, as far as practicable, to carry into effect any plan of operations in force under section 52 of the Rural Fires Act 1997 in relation to the place where the fire occurs.
(3) The following provisions of this Division are intended to be particular examples of the way in which functions under this section can be exercised and are not intended to limit the generality of this section.

Question 10

Section 14 of the Fire Brigades Act 1989 lists the powers at fires and hazardous material incidents. State the contents of this Section: “Closure of streets and public places”.

Answer 10

(1) The officer in charge at a fire may cause any street or public place in the vicinity of a fire to be closed to traffic during the fire.
(2) The officer in charge at a hazardous material incident may cause any street or public place in the vicinity of the site of the incident to be closed to traffic until the site has been rendered safe.

Question 11

Section 15 of the Fire Brigades Act 1989, lists the powers at fires and hazardous material incidents. State the contents of this Section: “Use of Water”.

Answer 11

The officer in charge at a fire or hazardous material incident may, for the purpose of extinguishing or controlling a fire or confining or ending the incident or rendering the site of the incident safe, without payment:

(a) use or cause to be used any water mains, pipes and hydrants and any water in them or in any well, tank or stream, and
(b) cause water to flow into or be shut off from any main or pipe.

Question 12

Section 16 of the NSW Fire Brigades Act explains Taking possession etc of buildings and vessels during fires or hazardous material incidents. State this clause in respect to a hazardous material incident on a boat

Answer 12

(1) During a fire, the officer in charge may take possession of any building, vehicle or vessel, and any property in it or on it, if it is so situated that a fire in it would endanger any structure or any property in a structure.
(2) The officer in charge may, to control, extinguish or prevent the spread of the fire, cause such a building to be pulled down or destroyed and cause such a vehicle to be removed or destroyed and such a vessel to be removed or sunk, and may remove any such property and keep it in safe custody.
(2A) For the purpose of confining or ending a hazardous material incident or rendering the site of such an incident safe, the officer in charge may:
(a) take possession of any building, vehicle or vessel in the vicinity of that site and any property (whether or not the property consists of a hazardous material) in it or on it, and
(b) cause such a vehicle or vessel to be removed or remove any such property and keep it in safe custody.
(3) Whenever practicable, the consent of the Harbour Master, or other officer having the control of the removal of vessels in the port, is to be obtained before any vessel is removed or sunk.

Question 13

Section 16 of the Fire Brigades Act 1989 lists the powers at fires and hazardous material incidents. List the contents of this Section: Taking possession etc. of buildings and vessels during fires or hazardous material incidents.

Answer 13

(1) During a fire, the officer in charge may take possession of any building, vehicle or vessel, and any property in it or on it, if it is so situated that a fire in it would endanger any structure or any property in a structure.
(2) The officer in charge may, to control, extinguish or prevent the spread of the fire, cause such a building to be pulled down or destroyed and cause such a vehicle to be removed or destroyed and such a vessel to be removed or sunk, and may remove any such property and keep it in safe custody.
(2A) For the purpose of confining or ending a hazardous material incident or rendering the site of such an incident safe, the officer in charge may:
(a) take possession of any building, vehicle or vessel in the vicinity of that site and any property (whether or not the property consists of a hazardous material) in it or on it, and
(b) cause such a vehicle or vessel to be removed or remove any such property and keep it in safe custody.
(3) Whenever practicable, the consent of the Harbour Master, or other officer having the control of the removal of vessels in the port, is to be obtained before any vessel is removed or sunk.

Question 14

Your Station is responded to a ship fire. The wharf, containers and a neighbouring ship are exposures and in danger of catching alight. Firefighting crews, under the direction of the Incident Controller, attempt to board the ship and the Captain refuses you entry. State the powers given under the Fire Brigades Act 1989 in respect to a fire only at this incident.

Answer 14

Section 16

(1) During a fire, the officer in charge may take possession of any building, vehicle or vessel, and any property in it or on it, if it is so situated that a fire in it would endanger any structure or any property in a structure.
(2) The officer in charge may, to control, extinguish or prevent the spread of the fire, cause such a building to be pulled down or destroyed and cause such a vehicle to be removed or destroyed and such a vessel to be removed or sunk, and may remove any such property and keep it in safe custody.

Question 15

Section 17 of the Fire Brigades Act 1989 lists the powers at fires and hazardous material incidents. State the provisions of this Section: “Making walls and buildings safe”.

Answer 15

(1) The officer in charge at a fire may during the fire or immediately after it, pull down, destroy, or shore up any wall or building damaged or rendered insecure by the fire or which, in the officer’s opinion, may be dangerous to life or property.
(1A) The officer in charge at a hazardous material incident may, during the incident or immediately after it, pull down, destroy or shore up any wall or building damaged or rendered insecure by the incident or which, in the officer’s opinion, may be dangerous to life or property.
(2) The cost of doing so is to be borne by the owner of the wall or building and is to be paid to the Commissioner.

Question 16

Section 18 of the Fire Brigades Act 1989 lists the powers at fires and hazardous material incidents. State the provisions of this Section: “Disconnection etc. of gas and electricity”.

Answer 16

(1) The officer in charge at a fire may cause the supply of gas or electricity to any premises on fire, or to adjacent premises, to be shut off or disconnected.
(1A) The officer in charge at a hazardous material incident may cause the supply of gas or electricity to any premises in the vicinity of the site of the incident to be shut off or disconnected.
(2) In exercising a power under this section, the officer in charge may require the person who supplies the gas or electricity concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the officer’s directions.
(3) A person must comply with any such requirement and directions.
(4) A person who supplies gas or electricity is not liable for any damages because of any interruption of that supply under this section.

Question 17

Section 19 of the Fire Brigades Act 1989 lists the powers at fires and hazardous material incidents. State the provisions of this Section: “General power to remove persons or obstacles”.

Answer 17

The officer in charge at a fire or hazardous material incident may cause to be removed any person, vehicle, vessel or thing the presence of whom or which at or near a fire or hazardous material incident might, in the officer’s opinion, interfere with the work of any fire brigade or the exercise of any of the officer’s functions.

Question 18

Division 2 of the Fire Brigades Act 1989 covers the special powers of the commissioner. State the provisions of Section 22, “Authority to enter land and buildings”.

Answer 18

22 Authority to enter land and buildings

The Commissioner is authorised to enter, by his or her agents, any land, building or vessel where any fire or hazardous material incident has occurred and to retain possession of the land, building or vessel for a reasonable time or until an inquest or inquiry has been held relating to the fire or incident.

Question 19

Section 25 of the Fire Brigades Act 1989, Relates to Authority at Incidents. State the provisions of this Section: “Duty to recognise authority of Officers”.

Answer 19

(1) Every member of the NSW Police Force and all other persons are to recognise:
(a) the authority of the Commissioner and any member of a fire brigade acting under the Commissioner’s orders, and
(b) the authority of the officer in charge at a place at which a fire brigade is present.
(2) It is the duty of every member of the NSW Police Force to support the authority of such a person and to assist him or her in enforcing compliance with any orders given under this Act or the regulations.
(3) This section applies only in respect of the protection of persons from injury or death, or of property from damage, when the persons are or the property is endangered by fire or a hazardous material incident.

Question 20

Section 23 of the Fire Brigades Act 1989 Relates to Authority at Incidents. State the provisions of this Section: “Commissioner may authorise others to exercise functions”.

Answer 20

(1) Any function conferred or imposed on the Commissioner by this Part may be exercised by any officer or member of a fire brigade authorised for the purpose by the Commissioner.
(2) Such an authorisation need not be in writing and operates to authorise the exercise of functions accordingly.

Question 21

Section 24 of the Fire Brigades Act 1989 Relates to Authority at Incidents. State the provisions of this Section: “Officer in charge may authorise others to exercise functions

Answer 21

(1) The officer in charge at a fire or hazardous material incident may authorise any officer or member of a fire brigade to exercise all or specified functions under this Part of the officer in charge.
(2) Such an authorisation need not be in writing and operates to authorise the exercise of functions accordingly.

Question 22

At a fire in a private dwelling, upon completion of extinguishment, you ask the owner to furnish particulars of their Insurance Company and they refuse. State the provisions and penalties of Section 30 of the Fire Brigades Act: “Information may be requested from owner”.

Answer 22

(1) The following persons are authorised to make a request under this section:
(a) the Commissioner,
(c) any member of a fire brigade.
(2) On request made by a person authorised by this section, the owner of premises where a fire or hazardous material incident occurs, the owner or driver of a vehicle conveying personal property and involved in a hazardous material incident, or the owner of any personal property on any such premises or vehicle or which has been destroyed or damaged by fire or such an incident, must:
(a) inform the authorised person whether the premises or property were or was insured at the time or during the period specified by the person, and
(b) give the authorised person full particulars of any such insurance, including the name of the insurer and the amount of the insurance.
Personal property includes any hazardous material.
(3) A person who contravenes subsection (2), or in purported compliance with that subsection gives any information knowing it to be false or misleading in a material particular, is guilty of an offence.
Maximum penalty: 5 penalty units.

Question 23

During a routine hydrant inspection you notice that on the footpath outside a property, the hydrant is covered in grass, and the hydrant indicator plate attached to the pole has been removed. Following a discussion with the property owner, he admits to the above offences. Section 32 of the Fire Brigades Act: “Concealing a fire hydrant” relates to this matter. State the provisions of this section.

Answer 23

It is an offence for a person to:

(a) wilfully cover up, enclose or conceal any fire hydrant so as to make it difficult to find, or
(b) obliterate or remove any mark, sign or letter used to indicate the position of or distinguish a fire hydrant.
Maximum penalty: 20 penalty units.

Question 24

State the provisions of Section 34 of the Fire Brigades Act in relation to “false alarms” and the penalties.

Answer 24

34 False alarms

A person who tampers with any fire alarm or signalling apparatus for giving notice of fire or who intentionally or recklessly gives any false alarm of fire is guilty of an offence.

Maximum penalty:

(a) for a first offence-20 penalty units or imprisonment for 1 month, or both, or
(b) for a second or subsequent offence-50 penalty units or imprisonment for 12 months, or both.

Question 25

Fire Brigades Act Section 35 deals with; “obstruction of fire fighters or other personnel”. State the provisions of this section.

Answer 25

35 Obstruction of fire fighters or other personnel

A person who obstructs or hinders the Commissioner, any member of the staff of the Department or any member of a fire brigade in the exercise of a function under this Act is guilty of an offence.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

Question 26

State the provisions of Section 39 of the Fire Brigades Act (1989) to do with the; “use of water for practice”.

Answer 26

39 Use of water for practice

The Commissioner may, by arrangement with the person controlling the water supply concerned, authorise the use free of charge of the water in any mains or pipes for the purpose of drill or practice by any fire brigade.

Question 27

Fire Brigades Act Section 40 deals with “Charges for attending fires or hazardous material incidents”. State the provisions of this section, in respect to fire incidents only.

Answer 27

(1) Except as provided by this section, no charge is to be made for the attendance at a fire of any members of a fire brigade.
(2) If a fire occurs in any building, vehicle, vessel or property outside a fire district to which this Act applies, the Commissioner is entitled to recover, for services rendered by any members of a fire brigade in endeavouring to extinguish the fire or save life or property, charges not exceeding the prescribed charges.
(3) Those charges may be recovered from:
(a) the owner of the building, vehicle or property, or
(b) the master or owner of the vessel and the cargo and freight for the vessel.
(4) The amount of those charges is not to exceed 20 per cent of the value before the fire of the building, vessel, cargo and freight or property.

Question 28

State the provisions of Section 83 of the Fire Brigades Act (1989) to do with “Delegation”.

Answer 28

83 Delegation

(1) The Commissioner may delegate to an authorised person any of the Commissioner’s functions under this or any other Act or the regulations, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by the Commissioner if the delegate is authorised in writing to do so by the Commissioner.
(3) In this section:
“authorised person” means:
(b) a member of staff of the Department, or
(c) a member of a fire brigade.

Question 29

State the provisions of Section 78 of the Fire Brigades Act (1989) to do with “Protection from liability”.

Answer 29

78 Protection from liability

A matter or thing done, or omitted to be done, by the Minister, the Commissioner, any member of staff of the Department, any member of a fire brigade, any member of a community fire unit or any person acting under the authority of the Commissioner does not, if the matter or thing was done, or omitted to be done, in good faith for the purposes of executing this or any other Act, subject such a person personally, or the Crown, to any action, liability, claim or demand.

Question 30

Define the term “vessel” as stated in Section 3, Definitions of the Fire Brigade Act (1989).

Answer 30

“vessel” means any ship, barge, punt, boat or other floating vessel used wholly or partly for storing or carrying goods or for carrying passengers.

Question 31

State the provisions of Section 33 of the Fire Brigades Act (1989) in relation to “Damaging fire brigade equipment etc”.

Answer 31

33 Damaging fire brigade equipment etc

A person who wilfully damages or destroys any building, engine, hose, ladder or other thing belonging to or in use by any fire brigade is guilty of an offence.

Maximum penalty:

(a) for a first offence-20 penalty units or imprisonment for 1 month, or both, or
(b) for a second or subsequent offence-50 penalty units or imprisonment for 12 months, or both.

Question 32

State the provisions of Section 20 of the Fire Brigades Act 1989 Fires outside areas to which the Act applies.

Answer 32

20 Fires outside areas to which Act applies

(1) The Commissioner may permit any members of a fire brigade, with engines and appliances, to go beyond the limits of any fire district for the purpose of extinguishing any fire.
(2) In such a case the provisions of this Act apply to the fire and to anything done at the fire as if the fire were within a fire district.

Question 33

State the provisions of Section 22 of the Fire Brigades Act 1989 Authority to enter land and buildings

Answer 33

22 Authority to enter land and buildings

The Commissioner is authorised to enter, by his or her agents, any land, building or vessel where any fire or hazardous material incident has occurred and to retain possession of the land, building or vessel for a reasonable time or until an inquest or inquiry has been held relating to the fire or incident.