Powers and duties

Question 1

While the fire is being fought

Answer 1

All Police present must co-operate with the person in charge of the FIre Service at a fire, suspected fire or other emergency (Fire Service Act 1975, Section 32).

The person in charge of the Fire Service at a fire is charged with the direction of operations (Fire Service Act 1975, Section 28). These powers confer the right to:
- enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty - section 28(4)(b)
- close roads - section 28(4)(h)
- remove vehicles impeding the Fire Service. If necessary, they can break into the vehicles for that purpose - section 28(4)(i)
- remove people who are in danger or interfering with operations, using reasonable force if necessary - section 28(4)(j)
- do anything else that is reasonably necessary for the protection of life and property - section 28(4)(n)

Question 2

Use of Fire Service powers by Police

Answer 2

Police may exercise these powers if called upon to do so by the member of the Fire Service in charge of the fire (Fire Service Act 1976, Section 32(2))

Police officers have no right to exercise these powers simply because they are present at a fire.

Question 3

Proof of authority

Answer 3

The fact that a person is exercising any power under section 28(4) is conclusive evidence of their authority to do so - section 28(6).