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Fire Brigades and Prevention and Extinguishment of Fires Ordinance 1864

11. The Fire Brigades Ordinance 1864

Analysis.. Preamble.

1. Enrolment of Fire Brigades.

2. Such Brigades to be named.

3. Election of Chief Engineer.

4. Election of Officers.

5. Property of Brigades to be vested in the City or Municipal Council.

6. Penalties for injuring property of Brigade.

7. Penalty for obstructing Member of Brigade.

8. Enrolment of Fire Police.

9. Duty and authority of such Fire Police.

10. Penalty for refusing to assist in case of fire.

11. Power to erect barriers or enter on premises.

12. Power to destroy property in case of fire.

13. Regulations to be made and approved.

14. Fines and penalties: how recoverable.

15. Commencement of Ordinance.

16. Title.

Whereas it is expedient to make provision for the further and better protection of property in the Province of Canterbury from loss and damage by fire.

Be it therefore enacted by the Superintendent of the said Province by and with the advice and consent of the Provincial Council thereof as follows:

1. Enrolment of Fire Brigades.

It shall be lawful for the Superintendent if he shall think fit on the a

application made to him by not less than two-thirds of any body of Volunteers duly organised as testified by their signatures and whose services shall have been accepted by the Chief Engineer for the time being of such body for a period of not less than twelve months to accept such body as an enrolled Fire Brigade subject to the Regulations hereinafter mentioned or which may hereafter be

made for the further and better organization of Fire Brigades in this Province.

2. Such Brigades to be named.

Every Brigade so enrolled shall be called after the name of the city or town in which it is organised.

3. Election of Chief Engineer.

The Chief Engineer of every Fire Brigade shall be nominated by a majority of votes of the Members of the Brigade subject to the approval and appointment of the Chairman of the City or Municipal Council of the District.

4. Election of Officers.

The other Officers of every Fire Brigade shall be appointed by the Chief Engineer thereof on the nomination and election of a majority of votes of the enrolled Members.

5. Property of Brigades to be vested in the City or Municipal Council.

The Engines and all other property of the said Brigades necessary for the proper and efficient discharge of their duty shall vest in and become the absolute property of the City or Municipal Council in which such Brigades are organised and be under its control and direction.

6. Penalties for injuring property of Brigade.

If any person (whether a Member of a Fire Brigade or otherwise) shall wilfully damage or destroy any Engine or other property in the use or placed in the custody of such Brigade for the discharge of their duty he or she shall be liable to

forfeit and pay for every such offence any sum not exceeding forty shillings in addition to the sum at which such damage or destruction shall be assessed.

7. Penalty for obstructing Member of Brigade.

If any person or persons shall interfere with or otherwise obstruct any Officer or Member of a Fire Brigade in the performance of his duty at any fire or at any other time he or they shall forfeit and pay for every such offence any sum not exceeding five pounds.

8. Enrolment of Fire Police.

The Chairman for the time being of such City or Municipal Council may accept the services of any fit person or persons not exceeding in number fifty who shall act as a Fire Police and whose duty it shall be to attend at any fire to aid and assist the enrolled Police Force to watch over any property saved to preserve order and to carry out any instructions which may be given by the Chief Engineer in command on the spot or any other person duly authorised by him Such Fire Police Force to be considered as part of the Fire Brigade and the services of all the Members thereof shall be accepted for one year from the date of their enrolment.

9. Duty and authority of such Fire Police.

Every Member of such Fire Police as aforesaid having been duly enrolled by the Chairman of the City or Municipal Council shall be sworn before a Justice of the Peace and shall thereafter during the period of his service under such Fire Police be taken and deemed to be and shall have all the power authority and responsibility of a Constable.

10. Penalty for refusing to assist in case of fire.

It shall be lawful for any Member of the said Fire Police or Chief Engineer of a Fire Brigade to call upon any person at or near the place where any fire exists to aid in suppressing and extinguishing such fire and in case of such person or persons refusing or neglecting to aid and assist in so doing or refusing to obey any reasonable directions and commands of any such Engineer or Fire Police Officer he or they shall forfeit and pay any sum not exceeding five pounds.

11. Power to erect barriers or enter on premises.

It shall be lawful for the Chief Engineer of any Fire Brigade to cause a barrier or barriers to be erected to keep by-standers at a necessary and convenient distance from the house or place where any fire exists or to close up any street

or streets leading thereto and to enter upon any house or premises for the supply of water when needed and for all other purposes which in their opinion may be necessary for the extinction of such fire.

12. Power to destroy property in case of fire.

Whenever it may be necessary to remove or destroy any building for the purpose of preventing the spread of any fire and an order in the words or to the effect as

in Schedule A to this Ordinance shall be made and signed by any three persons duly authorised by the City or Municipal Council for that purpose of whom the Chief Engineer of the Fire Brigade (if he shall be present) shall be one any house or building so removed or destroyed shall be taken and deemed for all purposes to have been destroyed by fire and no person acting under the authority of such order shall be liable to any penalties or damages whatsoever for having assisted at the removal or destruction of such building Provided always that such order when so signed shall forthwith be handed to any Officer of Police then on duty.

13. Regulations to be made and approved.

It shall be lawful for the Members of any Fire Brigade at any meeting of the Members thereof of which due public notice shall have been given by a majority of the Members present at such meeting to make rules and regulations for the government and management of such Fire Brigade and for the conduct of the Members thereof and such rules and regulations from time to time at any such meeting of which due public notice shall have been given to amend and alter as they shall think fit And such rules and regulations having been approved by the Chairman of the City or Municipal Council or Municipality in which such Fire Brigade is organised shall be binding on all the Members thereof and any Member offending against any of such rules and regulations shall be liable to a penalty not exceeding forty shillings.

14. Fines and penalties: how recoverable.

All fines and penalties imposed under the authority of this Ordinance shall be recoverable in a summary manner before a Justice of the Peace and all damages when recovered shall be paid to the Treasurer of the City or Municipal Council of the District.

15. Commencement of Ordinance.

This Ordinance shall come into operation on such day as the Superintendent may by Proclamation in the Government Gazette appoint within the limits of any city or town which is now (or may hereafter be brought) under the operation of any Municipal Ordinance.

16. Title.

This Ordinance shall be intituled and may be cited as “The Fire Ordinance 1864."

Schedule A.

We the undersigned being three of the Officers of the Fire Brigade do hereby order and direct that

situate in (at or near as the case may be) shall be pulled down and removed for the purpose of preventing the spreading of the fire now raging in

(description of premise on fire.)

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 28th

September 1864, and assented to by the Superintendent on 30th September.