I move that the Bill be now read a Second Time. Apart from any special provisions in local Acts, the statutory provisions at present governing fire-fighting services are confined to the powers given by Section 73 of the Towns Improvement Act, 1854, which are not mandatory and which are restricted to urban districts and towns to which the Act of 1854 applies. The existing powers have been exercised only in the county boroughs and a limited number of towns. Part VIII of the Public Health Acts (Amendment) Act, 1907, enables agreements to be made between local authorities in regard to the common use of engines, etc., and also gives certain powers of entry on premises. These provisions do not, however, come into force unless and until the relevant part of the Act is adopted by the local authority. The power to incur expenditure under these provisions is left very vague and this is the only legislative provision which can be relied upon by rural sanitary authorities to provide for the fire-fighting needs of their districts. Apart from this, the only manner in which residents in rural areas could be served would be by means of a personal call on an adjoining urban authority by the owner or occupier of premises in the rural district. In such a case, the costs of bringing the urban fire brigade to the scene of the fire would have to be paid by the owner or occupier. In an effort to avail themselves of the existing limited statutory powers, rural sanitary authorities have taken steps in four or five cases to make arrangements with adjoining urban sanitary authorities in the counties of Dublin, Cork, Louth and Galway but their powers in this respect need to be extended.
The existing law is also inadequate in the matter of powers of entry, inspection and control as regards buildings where the occurrence of fire would constitute a peculiarly serious danger to life. It will accordingly be clear that more comprehensive and detailed provisions are necessary to enable local authorities generally to make better provision in connection with fire-fighting services. This Bill, therefore, proposes to make it obligatory on all sanitary authorities to make reasonable provision for the prompt and efficient extinguishing of fires in their districts and for the protection and rescue of persons and property from injury by fire. They may discharge this obligation either by directly providing fire-fighting engines, equipment and appliances for their districts or, alternatively, by securing that fire-fighting services are available for their districts by arrangement with other local authorities.
The Bill proposes to confer more extensive powers of organisation and control with a view to the prevention and extinguishing of fires and to confer these powers on all sanitary authorities without distinction as between urban and rural sanitary authorities. In considering what constitutes "reasonable provision" for the purposes of the Bill, sanitary authorities will be required to take into consideration the character of the district, the value of property which might be damaged and the probable frequency of fires. There is a further provision that, where a local authority has failed to make suitable provision in the matter, a complaint may be addressed to the Minister who may, by order, require the local authority to remedy the default. It is recognised that the interpretation of the term "reasonable provision" must vary in accordance with the character and extent of the area for which fire-brigade services are being provided. In built-up areas it will be necessary to ensure that water supplies are available in sufficient quantity and at an adequate pressure and that the necessary hydrants and other fittings are installed. The successful administration of the present proposals will depend largely on the response of the various local authorities. My information is that local bodies generally are becoming aware of the importance of this question. The programmes of public health works which have been carried out in recent years with the encouragement of the Department and the aid of State grants will greatly facilitate the operation of the fire-fighting system now proposed.
It will be the aim of my Department to try to secure a reasonably wide area of operations for each brigade and thereby simplify the fire-protection service as far as the special responsibilities of each sanitary authority will permit. Some local authorities may find it practical and convenient to rely entirely on the fire brigade maintained by an adjoining local authority, or there may be cases where, for geographical reasons, a local authority maintaining its own services may find it desirable to provide that the needs of portion of its area remote from the headquarters of the local brigade be served by the adjoining authority. In the event of difficulties being encountered by the sanitary authority which desires to enter into an agreement of this kind, the Minister will have power, on the application of that sanitary authority to require the fire-brigade authority in question to enter into an agreement on specified terms. Where formal agreements have not been made, a sanitary authority which maintains a fire brigade may authorise the officer in command of the brigade to send it outside the sanitary district and provision is made for payment in accordance with a scale drawn up beforehand for services.
The Bill also provides in detail for the control by sanitary authorities of potentially dangerous buildings and for the inspection of such buildings. The local authority will have power in the case of such buildings to serve notice on the owner requiring him to refrain from using the building, or part thereof, for the purpose specified in the notice either entirely, or until specified appliances, etc., are provided or specified alterations made. When such a notice has been issued the owner will have the right to appeal to the district court on any of four grounds.
It is proposed to authorise the officer in charge of operations at a fire to enter on any lands or buildings for the purpose of extinguishing the fire or protecting persons or property, and he may cause such lands or buildings to be vacated, demolish any building or part thereof and make use of any water supply, public or private. Where damage to property is caused in consequence of such action such damage shall, for the purposes of a fire insurance contract, be deemed to have been caused by fire.
The Bill contains provisions for the transfer to the sanitary authority of fire brigades, apparatus, etc., at present maintained by town commissioners. One of the objects of the present Bill is to promote efficiency in the organisation of fire-fighting services by constituting the local sanitary authority as the fire brigade authority in every case. Town commissioners are not a sanitary authority. Very few bodies of town commissioners have in fact taken steps to constitute fire brigades. The expenses of a rural sanitary authority in connection with the administration of the powers conferred by this Bill will be chargeable on the county health district. Towns under town commissioners form part of the area of charge so that it would be inequitable to require town commissioners who have provided fire-fighting services to continue to bear the sole cost of maintaining them after the Act has passed. Town commissioners may continue their existing functions in this respect until an appointed day which will not be fixed until the alternative organisation of fire-fighting services contemplated by the Bill is in operation.