Fire Brigades Act Flashcards
What is the purpose of the Fire Brigades Act?
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.
Explain the term ‘hazardous material’ as stated in the Fire Brigades Act 1989 section 3
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.
Explain ‘officer in charge’ as defined in the Fire Brigades Act 1989
“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.
Explain the terms ‘permanent’ and ‘volunteer’ as defined in the Fire Brigades Act 1989 section 3
“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.
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.
(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.
State the contents of Section 7 of the Fire Brigades Act that deals with the ‘General authority to protect persons and property’.
(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.
State the provisions of Section 11: Brigades to proceed with speed to suspected fires or hazardous material incidents.
(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.
Section 12 of the Fire Brigades Act 1989, Deals with Investigation of reported fires and Hazardous material incidents. State these provisions.
(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.
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.
(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.
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”.
(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.
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”.
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.
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
(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.
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.
(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.
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.
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.
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”.
(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.