T H
•
JI2AT10K
the Offices of
"RED BOOKS" of the
BRITISH FIRE PREVENTION COMMITTEE.— No. 233.
Edited by the Executive.
THE
LEGISLATION & ADMINISTRATION
OF THE
FIRE BRIGADE SERVICE
OF THE
UNITED KINGDOM
TOGETHER WITH A
SCHEME FOR ITS REORGANIZATION
BY
H. S. BELL
Of Lincoln s Inn, Barrister-at-Law
ALL RIGHTS RESERVED
LONDON, 1919
PUBLISHED AT THE OFFICES OF THE BRITISH FIRE PREVENTION COMMITTEE
(Founded 1897 — Incorporated, 1899) 8 WATERLOO PLACE, PALL MALL, S.W. i.
Three Shillings Net.
N
OBJECTS OF THE COMMITTEE.
The main objects of the Committee are :
To direct attention to the urgent need for increased protection of life and property from fire by the adoption of preventive measures.
To use its influence in every direction towards minimizing the possibilities and dangers of fire.
To bring together those scientifically interested in the subject of Fire Prevention.
To arrange periodical meetings for the discussion of practical questions bearing on the same.
To establish a reading-room, library, and collections for purposes of research, and for supplying recent and authentic information on the subject of Fire Prevention.
To publish from time to time papers specially prepared for the Committee, together with records, extracts, and translations.
To undertake such independent investigations and tests of materials, methods, and appliances as may be considered advisable.
The Committee's Report on Tests with Materials, Methods of Construction, or Appliances are intended solely to state bare facts and occurrences, with tables, diagrams, or illustrations, and they are on no account to be read as expressions of opinion, criticism, or comparisons.
The Committee is not responsible for the views of individual authors as expressed in Papers or Notes, but only for such observa- tions as are formally issued on behalf of the Executive.
COUNCIL
OF THF.
BRITISH FIRE PREVENTION COMMITTEE.
Chairman of the Executive. EDWIN O. SAC.1S, T. R.S.Ed., Archt., Vice-Pres. Int. Fire Service Council, etc.
PROFESSOR ARCHIBALD BARR, D.Sc.,
M.Inst.C.E., It. Glasgow University. SIR JOHN COCKBURN, K.C.M.G., M.D.,
It. Premier of South Australia. SIR W. MARTIN CONWAY, M.A., F.S.A.,
Director Gen. War Museum. MAJOR A. McN. C. COOPER-KEY, C.B.,
Chief Insp. Explosives, Home Office. SIR MAURICE FITZMAURICE, C.M.G.,
F.R.S., Past-Pres. Inst. Civil Engineers. SIR DOUGLAS FOX, J.P., Past-Pres. Inst.
Civil Engineers. R.-ADM. J. DE C. HAMILTON, M.V.O., It.
Chief Officer, London Fire Brigade. •G. W. HUMPHREYS, M.Inst.C.E., Chief
Eng., L.C.C.
LT.-COL. Rx. HON. LORD LKCONFIELD. C. S. MEIK, M.Inst.C.E. ROBERT MOND, M.A., F.R.S.Ed., F.C.S.,
Hon. Sec. Da vy- Faraday Research Lab. B.UG.-GEN..RT. Ho*. LORD MONTAGU OF
BEAULIEU, C.S.I., D.L., India Office. C. E. NOVERRE, J.P., Chm., Ldn. Brd.,
Norwich Union Fire Office.
LT.-COL. W. O'MEARA, C.M.G., R.E., It.
Engineer-in-Chief, General Post Office. LT.-COL. C. E. PHIPPS, C.B., R.G.A., Min.
of Munitions. BRIG.-GEN. SIR EDWARD RABAN, K.C.B.,
R.E., It. Director of Works, Admiralty. SIR RICHARD REDMAYNE, K.C.B., M.Sc.,
Chief Insp. Mines, Home Office. W. E. RILEY, F.R.I.B.A., The Architect,
London Countv Council. H. M. ROBINSON, C.B., I.S.O., Chf. Insp.
Factories, Home Office. SIR W. SLINGO, Engineer-in-Chief, General
Post Office.
SIR JAMES W. SZLUMPER, M.Inst.C.E. SIR HENRY TANNER, C.B., I.S.O., It.
Princip. Architect, H.M. Office of Works. LESLIE R. VIGERS, Past-Pres. Surveyors
Institution.
SIR ASTON WEBB, K.C.V.O., C.B., R.A. SIR ARTHUR WHITELEGGE, K.C.B.,
It. Chf. Insp. Factories, Home Office. SIR JAMES WILLIAMSON, C.B., It.
Director of H.M. Dockyards. SIR HENRY TRUEMAN WOOD, M.A.,
It. Secretary, Royal Society of Arts.
Executive.
MAX CLARKE, F.R.I.B.A., Member Int. Fire Service Council.
PERCY COLLINS, J.P., F.S.S., Member Int. Fire Service Council.
J. HERBERT DYER, Member Int. Fire Service Council.
MAJOR E. C. P. MONSON, F.R.I.B.A., F.S.I.
OSWALD C. WYLSON, F.R.I.B.A.
Hon. Treasurer. HORACE S. FOLKER, C.B.E., Member of Executive Int. Fire Service Council.
•
Gen. Hon. Secretary. ELLIS MARSLAND, District Surveyor, Joint Hon. Sec., Int. Fire Service Council.
A uditor. E. H. YOUNG, C.A.
Solicitors. SPENCER, GIBSON & SON.
Research Laboratory and Testing Station.
THE' IMPERIAL FIRE RESEARCH LABORATORY AND TESTING STATION, REGENT'S PARK, N.W. 8.
3 WATERLOO PLACE, PALL MALL, LOXDOX, S.W. i.
3
CONTENTS
PAGE
INTRODUCTION.
CHAPTER I.
EXISTING LEGISLATION :
(a) Fire Brigades . . . . . . . . . . . . . . . . 10
(1) Authorities having Power to Provide and Maintain Fire
Brigades 10
(2) Powers of Authorities to Combine or Contract with other
Authorities . . . . . . . . . . ."„.. ... 12
(3) Provisions of the Statutes giving Powers to Provide and
Maintain Brigades .. *.. .. .. 13
(4) Employment of Firemen .. .. .. ... .. 15
(5) Fire Brigade Expenses and Charges .. «•_ . •• •• 15 (&) Conduct of Operations at a Fire and Right of Entry.. .. 21
(c) Provision of Fire-plugs, etc. .. .. -, . ; .. ..24
(d) Water used for Extinguishing a Fire ,. .„ .. .. 25
(e) False Alarms of Fire .. '..... .. .. •• .. 25
(/) Chimney Fires .. .. .. -.. ... .. .. 26
CHAPTER II. THE PRESENT FIRE BRIGADE SERVICE — A FEW FACTS :
Different kinds of Brigades — Their Inefficiency — Official Statistics — Some Conclusions of the Select Committee on Fire Brigades, 1900 — Lack of Co-operation — Incompetence of Existing Brigade Authorities — Their Unsuitability as such — Recent Cases illustrating Existing Conditions — Action of Local Authorities- — Reports of Fires . . 28
CHAPTER III. A SCHEME FOR A PUBLIC FIRE BRIGADE SERVICE :
Outlines of the Scheme — Basis of Organization — Fire Brigades — Salvage Corps — Co-operation — Registration — Firemen, their Appoint- ment, Terms of Service and Duties — Training of Firemen — Appli- ances and Water Supply — Brigade Uniform — Inspection — Recog- nition of Good Service — Control of Operations at a Fire — False Alarms of Fire — Chimney Fires — Inquests — Expenses of the Service — Pay- ment of Firemen — Information Bureau . . . . . . 36
APPENDICES.
No. i. A List of Acts of Parliament to which Reference is made in this
Book, excluding the Local Acts mentioned in the next Appendix . . 45
No. 2. A List of Places, having Local Acts, under which Special Powers to Charge for the Services of the Brigade rendered within its District are granted, or which contain Special Provisions regarding the Charges for Attendance at Out-of-District Fires. . .. .. .. ..46
No. 3. Defence of the Realm Regulation No. 553. and the Orders issued
thereunder . . . . . . . . . . . . . . . . . . 49
NOTE.
1. The need of the nation for the judicious conservation of life and property necessitates the question of fire wastage and fire protection being inquired into in the fullest possible manner.
2. On the fire preventive side, the inquiry should include the investigation of : — the best means of attaining a greater immunity from outbreak of fire by educating the public from youth upwards ; the advantages of popular and technical propaganda with this object in view ; the possibility of greater care in the conduct of work-shops, factories, etc. ; the better regulation of and equipment for illumination and heating ; the provision of constructional safeguards and the use of materials, generally, that do not readily ignite.
3. On the fire service side, the following require investigat- ing : — the principles of fire brigade organization for indivi- dual classes of localities or hazardous areas ; the co-ordina- tion and central control of the country's fire service ; the standardization of certain fire brigade appliances such as hose and hose couplings ; the training, pay, pension and accident compensation of firemen ; the privileges of the fire service as to intercommunication by telephone, telegrams, etc., rights of the road, and many miscellaneous points, not omitting the question of the status and powers of brigades regarding which there is much confusion.
4. As to the elucidation of the extent and causes of the country's fire loss, reliable information would have to be collected and means devised by which the State could in future be kept regularly informed thereof.
5. On the question of research, the relative importance of subjects requiring investigation might be dealt with, especially in respect of such primary questions as spontaneous combus- tion, electrical hazards, etc. The advisability of power being- obtained to conduct technical inquiries into or inquests upon fires requires examination.
5
6. The question of " self-help " should include the education •of the public, the provision of first aid fire equipment in certain classes of premises, such as factories, etc., the arrangements for fire drill, etc.
7. It has been this Committee's privilege to issue numerous •contributions on some of the subjects that require elucidation, but these have been primarily on the fire preventive side. On this occasion the contribution comprises a review of the legis- lation and administration of the fire brigade service of the United Kingdom, together with a scheme of its reorganization, put forward by Mr. H. S. Bell, Barrister-at-Law, with special regard to the legislative possibilities of the moment.
ISSUED BY ORDER OF THE EXECUTIVE.
•Offices of the
British Fire Prevention Committee, 8 Waterloo Place, London, S.W. i.
June, 1919-
THE FIRE BRIGADE SERVICE
OF THE UNITED KINGDOM.
THE Fire Brigade Service of the United Kingdom, from an administrative point of view, has been described as " essen- tially chaotic." An almost equally strong term might well be applied to existing legislation on the subject.
It is the purpose of this " Red Book " to set forth the present state of the Service in regard to its legislation and administration, and also to outline a scheme for its re- organization which will not only remove the present defects but also enable it to attain the standard of efficiency required by the needs of the nation.
The Service is at present defective in many respects, but more particularly in the following points : —
(1) The lack of organization of and co-operation between fire brigades of different districts.
(2) The insufficiency of local authority brigades and the absence of any power to compel such authority to provide a brigade in cases of necessity.
(3) The lack of consistency between English, Scottish and Irish Statute law on the subject, and also between the Statute law of those respective countries and the private acts of certain towns in them.
As regards the first point, no provision is made by statute for any organization of or co-operation between fire brigades in an emergency. Each local authority having a brigade is at liberty to confine its operations to its own district. There is no power which can compel the attendance of any brigade outside its district, however great the necessity. Some brigades, maintained by local authorities, refuse to turn out to out-of-district fires, until the payment of their expenses is guaranteed. Other evidence will be given of the need for some controlling authority to direct the utilization of brigades over a wider area than that of an urban or rural district. Such need has been recognized to some extent by the State, and provided for, in certain cases, under the Defence of the Realm Regulation No. 55 B, and the orders issued thereunder.
As to the second point, local authorities are not bound to-
7 *
provide or maintain fire brigades, even where the need is obvious, though they have the power to do so. From figures given in the " Return of Fire Brigades and Fires in England and Wales for the year 1903," it would appear that of the 1,469 brigades recorded (i.e. excluding private brigades) almost one half, namely 705, were " volunteers." On the assumption that a volunteer brigade does not exist unless there is a necessity for some brigade, these figures point to a somewhat extensive failure on the part of local authorities to exercise the powers given to them in this direction. There is the further question, a matter for inquiry, as to the extent to which districts are wholly or partly unprovided with the necessary means for extinguishing fires.
As regards the third point, the lack of consistency in the Statute law relating to England, Scotland and Ireland respec- tively is apparent in the statement of existing legislation on the subject in the following pages. As regards the private acts referred to, the chief inconsistency exists in the special powers of certain towns to charge for brigade services within the town area. The unsoundness of the argument, on which the granting of such powers was based, will be dealt with later.
The whole subject of fire extinction, which in the past has been treated by the State in a somewhat desultory fashion, is one of more importance than has, until recently, been recog- nized. It has hitherto been treated as being suitable to the control of practically any local council. The functions of a fire brigade are of a more than local character. Its pur- pose is to minimize waste of life and property by fire. This, as will be shown, is a matter of national concern.
Now the State has recognized the fact that the protection of life and property from fire is a matter of national concern. There are two means of affording protection, by fire preven- tion and by fire extinction. As regards fire prevention, the State has to some extent acknowledged its duty in passing the various Building Acts, the Factory and Workshops Act, the Cinematograph Act, the Petroleum Acts and several others ; and into such Acts the element of compulsion has been intro- duced. But as regards fire extinction, a matter almost as important as fire prevention, it has done no more than give powers to local councils to adopt means for fire extinction if they wish to do so ; it has taken no steps to see that those powers are exercised where need arises or that the country is supplied with a sufficient fire brigade service ; it has intro- duced no compulsion except in the case of the provision of fire-plugs.
Compulsory co-ordination, also, to a limited extent will be . found in the Defence of the Realm Regulation No. 55 B, which provides for the organization of existing fire brigades
8
under certain circumstances, e.g. air raids, fires at military establishments, food warehouses, etc. This regulation, however, though still in force, is a war measure and therefore of a temporary character. The satisfactory results obtained from it afford a good argument for giving it a permanent form, though many alterations and additions would be necessary in order to put the Fire Brigade Service on an organized and satisfactory basis.
In conclusion, it may be pointed out that this is no exhaust- ive treatise on the Fire Service of the country. It is rather a statement of its administrative and legislative side, sufficient to show the evils of present conditions, and the necessity for a scheme for reorganization which would remove all such evils and establish the service on a sure foundation. The subject will be dealt with in three chapters, under the following headings, viz : — •
(1) Existing Legislation.
(2) The Present Fire Brigade Service.
(3) A Scheme for a Public Fire Brigade Service.
CHAPTER I.
EXISTING LEGISLATION,
WITH OBSERVATIONS THEREON
THIS subject is dealt with under the following headings, viz. : —
A. Fire Brigades.
(1) Authorities having power to provide and maintain Fire Brigades.
(2) Powers of authorities to ccmbine oj contract with other authorities.
(3) Provisions of the Statutes giving powers to provide and maintain Fire Brigades.
(4) Employment of firemen.
(5) Fire Brigade expenses and charges.
B. Conduct of operations at a fire, and right of entry.
C. Provision of fire-plugs, etc.
D. Water used for extinguishing a fire.
E. False alarms of fire.
F. Chimney fires.
A. Fire Brigades.
(i) Authorities having potoer to provide and maintain Fire 'Brigades.
ENGLAND AND WALES.
(i) Commissioners of towns or districts comprised in any Act of Parliament incorporating the provisions of the Town Police Clauses Act, 1847.
(ii) Urban District Council, under the Public Health Act,, 1875, s. 171, incorporating s. 32 of the Town Police Clauses. Act, 1847.
(iii) Rural District Council, where it has been invested with the powers of an urban authority by the Local Govern- ment Board, under s. 276 of the Public Health Act,. 1875-
(iv) Parish Council of a rural parish, by virtue of powers transferred under ss. 6, 7 or 53 of the Local Government Act, 1894, from
(a) Inspectors under the Lighting and Watching Act, 1833-
(b) Overseers under the Poor Law Amendment Act, 1867.
10
(v) Parish meeting of a rural parish, where it has been in- vested with the powers of a parish council by the County Council under s. 19 (10) of the Local Government Act, 1894-
The Local Government Act, 1894, provides that in rural parishes the parish meeting
(1) under s. 7 (i) has exclusively the power of adopting the Lighting and Watching Act, 1833.
(2) under s. 19 (4) has the powers of a vestry under the Poor Law Amendment Act, 1867.
But the powers derived under these two acts to provide and maintain a fire brigade, unless transferred to any authority above mentioned, are executed by :(vi) Inspectors under the Lighting and Watching Act, 1833. (vii) OueYsezYs under the Poor Law Amendment Act, 1867. N.B. — Under s. 2 of the Police Act, 1893, a Borough Council may delegate its powers under the Town Police Clauses Act, 1847, to a Watch Committee.
SCOTLAND.
'(i) County Council, under the Local Government (Scotland) Act, 1908, s. 8 (i).
(ii) Burgh Commissioners, under the Burgh Police (Scotland) Act, 1892, s. 291. Under s. 4 of this Act, a " Burgh" is held to mean " royal burgh, parliamentary burgh, burgh incorporated by Act of Parliament, burgh of regality, burgh of barony, and any populous place or police burgh administered in \vhole or in part under any general or local Police Act or any burgh created under this Act." Under the same section, a " populous place " is defined as " any town, village, place or locality, con- taining a population of seven hundred inhabitants or upwards, not being administered under any general or local Police Act ; and for the purposes of this Act, two or more contiguous towns, villages, places or localities, not being burghs, may be held to be a populous place."
IRELAND.
(i) Commissioners of towns or districts comprised in any Act of Parliament incorporating the provisions of the Town Police Clauses Act, 1847.
{ii) Commissioners of towns, which have adopted the Towns Improvement (Ireland) Act, 1854. This Act may be adopted by any town in Ireland having a population of 1,500 or upwards, but is not applicable to Dublin, Cork, Limerick, Londonderry or Belfast.
{iii) Commissioners of towns, having appointed Commissioners under the Lighting of Towns (Ireland) Act, 1828. The Local Government (Ireland) Act, 1898, s. 41 (i) applied the provisions of the Towns Improvement (Ireland) Act, 1854, to all towns under this paragraph, ii
(2) Powers of authorities to combine or contract With other authorities.
In a general way, authorities that have powers to provide and maintain a fire brigade also have powers to combine or contract for that purpose with other authorities, who have similar powers, viz. : —
ENGLAND AND WALES.
(i) Any borough or urban or rural district or the Parish Council of any parish to which the provisions of s. 90 of the Public Health Acts Amendment Act, 1907, have been applied by the order of the Secretary of State. This section authorises agreements between such authorities " for the common use of any fire engines with their appur- tenances and firemen or for mutual assistance in case of fire."
(ii) Any urban or rural authority, having power to provide and maintain a fire brigade, may for that purpose combine with authorities of adjoining districts, under the Public Health Act, 1875, s. 285, which provides that :
" Any local authority may, with the consent of the local authority of any adjoining district, execute and do in such adjoining district all or any of such works and things as they may execute and do within their own district, and on such terms as to payment or otherwise as may be agreed on between them and the local authority of the adjoining district ; moreover two or more local authorities may combine together for the purpose of executing and maintaining any works that may be for the benefit of their respective districts or any part thereof."
(iii) Parish Council. The Parish Fire Engines Act, 1898, under s. i (i) provides that : " The power of a parish council ... to provide a fire engine for their parish shall include power to agree with the council of any neighbour- ing borough or district that any fire engines with their appurtenances and firemen provided by the council of that borough or district shall be used for extinguishing fires in the parish."
(iv) Inspectors under the Lighting and Watching Act, 1833, of which s. 6 1 provides that " it shall be lawful for the inspectors appointed by any parish adopting the provi- sions of this Act to unite with the inspectors of any ad- joining parish or parishes, for the better carrying into effect the purposes of this Act."
SCOTLAND.
(i) County Councils. The Local Government (Scotland) Act, 1908, s. 8 '(2) provides that:
" Two or more county councils may combine for all or any of the purposes of the immediately preceding sub- section," (i.e. as to the provision of fire brigades by a county council), " and without prejudice to the provisions
12
of s. 298 of the Burgh Police (Scotland) Act, 1892 " (relat- ing to the power to send the fire brigade to attend out- of -district fires) " a county council may enter into an agreement with the town council of any burgh or police burgh or with any other county council for making the fire engines belonging to such county or town council, with their appurtenances, regularly available for use within the county or any district or special district thereof, or burgh or police burgh, on such terms and subject to such conditions as shall be specified in the agreement/* (ii) Commissioners of Burghs. The Burgh Police (Scotland) Act, 1892, s. 58, provides that :
" The Commissioners, or any committee of their body thereunto specially empowered, may contract with any person for carrying into execution any of the operations hereby authorized."
IRELAND.
Any district to which the provisions of s. 90 of the Public Health Acts Amendment Act, 1907, have been applied by an order of the Secretary for Ireland. (Vide supra, ENGLAND AND WALES (i)).
NOTES.
In England and Wales, it seems that overseers have no such powers. Further, no local authority, in a general way, has power to combine or contract with a volunteer brigade.
In Scotland, the powers given are wide enough to admit of arrangements being made with volunteer brigades.
In Ireland, the powers are dependent on an order of the Secre- tary for Ireland, and even then do not permit contracts with volunteer brigades.
(3) Statutory previsions giving powers to provide and main- tain a Fire "Brigade.
ENGLAND AND WALES.
(i) Lighting and Watching Act, 1833, s. 44.
" That it shall be lawful for the said Inspectors from time to* time to provide and keep up fire engines, with pipes and other utensils proper for the same for the use of the Parish adopting the Provisions of this Act, and to provide a proper place or places for keeping of the same, and to place such engines under the care of some proper person or persons, and to make him or them such allowance for his or their trouble as may be thought reasonable, and the expenses attending the providing and keeping of such engines shall be paid out of the money authorized to be received by the Inspectors under the provision of this Act."
(ii) Town Police Clauses Act, 1847, s. 32.
" That the Commissioners may purchase or provide such engines for extinguishing fire, and such water buckets, pipes, and other appurtenances for such engines, and such fire escapes, and other implements for safety or use in case of fire, and may purchase, keep or hire, such horses for drawing such engines as.
13
they think fit, and may build, provide or hire, places for keeping such engines with their appurtenances, and may employ a proper number of persons to act as firemen, and may make such rules for their regulation as they think proper, and give such firemen and other persons such salaries and such rewards for their exertions in cases of fire as they think fit."
(iii) Poor Law Amendment Act, 1867, s. 29.
" If the Vestry of any Parish, where there is no Town Council, Local Board, or other Authority competent to provide the same, after due notice, shall resolve that the Overseers shall provide any fire engine, ladder or fire escape for general use in the parish, the Overseers shall provide the same, and pay out of the poor rate the cost thereof, and of procuring a proper place wherein to keep the same, and of maintaining it, as well as any such engine, ladder or escape acquired by the parish in any other manner for such use, in a fit state of repair, and the charges of such persons as may be necessary for the use thereof, and the cost of suitable implements and accoutrements."
SCOTLAND.
{i) Local Government (Scotland) Act, 1908, s. 8 (i).
" The County Council may purchase or provide, for use in the whole county or in any one or more districts or special districts thereof, such engines (whether mechanically propelled or other) for extinguishing fire, and such water buckets, pipes, and other appurtenances for such engines, and such fire-escapes and other implements, vehicles (whether mechanically propelled or other), or articles, for safety or use in case of fire, and may purchase, keep, or hire such horses for drawing such engines, and may arrange for such telegraphic or telephonic connections, as they think fit, and may build, provide, or hire places for keeping such engines and horses with their appurtenances, and may insert fire plugs, and may employ a proper number of persons- to act as firemen, and may appoint a firemaster or firemasters (who shall be superintendent or superintendents of the fire brigade or fire brigades), any or all of which persons may, with the consent of the police committee, be members of the police force, and may make such rules for their regulation as they think proper, and pay to such firemaster or ..firemasters and firemen such salaries and such rewards for their exertions in cases of fire as they think fit."'
•(ii) Burgh Police (Scotland) Act, 1892, s. 291.
" The Commissioners may purchase or provide such engines for extinguishing fire and such water buckets, pipes, and other appurtenances for such engines, and such fire escapes and other implements for safety or use in case of fire, and may purchase, keep, or hire such horses for drawing such engines, as they think fit, and may build, provide, or hire places for keeping such engines with their appurtenances, and may employ a proper number of persons to act as firemen, and to be named the fire brigade, and may appoint a firemaster, who may be the chief constable, and who shall be the superintendent of the fire brigade, and may provide suitable dwellings for such firemaster and firemen, and make such rules for their regulation as they think proper, and give such firemaster and firemen such salaries and such rewards for their exertions in cases of fire as they think fit."
14
IRELAND. (i) Town Police Clauses Act, 1847, s. 32.
(Vide supra ENGLAND AND WALES (ii).) (ii) Towns Improvement (Ireland) Act, 1854, s. 73.
" The Commissioners may provide such engines for extinguish- ing fire, and such appurtenances for such engines, and such fire escapes and other implements for safety or use, in case of fire,, and keep or hire such horses for drawing such engines as they think fit, and employ a proper number of persons to act as firemen, and make such rules for their regulation as they think proper, and give such firemen and other persons such salaries- and such rewards for their exertions in cases of fire as they think fit."
NOTES.
The variety in the terms in which the powers are expressed is an undesirable feature.
The provisions relating to Scotland are fuller, more specific and much clearer than those relating to the remainder of the United Kingdom.
(4) Employment of Firemen.
The statutory provisions quoted in the previous sub-section include the power to employ " a proper number of persons," " proper persons " or " such persons as may be necessary " to act as firemen, payment for their services being at the discretion of the local authority.
Other legislation dealing with this subject may be noted, viz. : — (i) Police Act, 1893 — s- 2 provides for the employment of Borough Police, with their consent, to act as firemen; also for their payment and pensions^
(ii) Police Act, 1890 — s. 22 contains provisions as to the payment of pensions, allowances and gratuities to members of a fire brigade, fire police or other like force, constituted under a local Act.
NOTES.
Statutory provisions for the payment and pensions of firemen apply only in the case of police employed as firemen. Although other firemen may have similar privileges in particular cases, it would seem desirable that those privileges should be clearly denned by statute and enjoyed by all professional and permanent firemen in a greater or less degree according to circumstances.
(5) Fire 'Brigade Expenses.
The expenses incurred by a Local Authority in providing and maintaining a fire brigade fall on the rates. A local authority has as a general rule no power to charge for the attendance of its fire brigade or for expenses incurred at a fire within its dis- trict ; seemingly on the ground that, where a brigade is main- tained out of the rates, the ratepayers are entitled to its services without charge. There are however a few exceptions to this
15
rule, under certain local Acts, of which a list will be found in Appendix No. 2.
Any urban authority has power to send its brigade outside
its district for the purpose of extinguishing a fire, and on such
occasions is authorized to charge for services and expenses.
These powers are conferred under the following Acts, viz. : —
ENGLAND AND WALES— (i) Public Health Act, 1875, s.
171, incorporating (ii) Town Police Clauses Act,
1847. s. 33. SCOTLAND (i) Burgh Police (Scotland) Act,
1892, s. 298. (ii) Local Government (Scotland)
Act, 1908, s. 8 (4). IRELAND (i) Town Police Clauses Act,
1847, s. 33.
(ii) Towns Improvement (Ire- land) Act, 1854, s. 73.
The charges authorized under these Acts are " the actual expense incurred " and " a reasonable charge for the use of . . . engines, with their appurtenances, and for the attendance of ... firemen." The persons to be charged are :
(i) the " owner of the lands or buildings " where the fire occurs, under the Public Health Act, 1875, and the Town Police Clauses Act, 1847. {ii) the " owner of the premises " where the fire occurs, under
the Towns Improvement (Ireland) Act, 1854. (iii) the owner or, if the local authority maintaining the brigade thinks fit, the occupier of the premises where the fire occurs under the two acts relating to Scotland.
The power to charge for services and expenses at out-of-district fires is limited to a certain extent, where an agreement for the •common use of a fire brigade exists between the authority of the district in which the fire occurs and the authority maintaining the fire brigade, by the following Acts, viz. :• —
(i) Parish Fire Engines Act, 1898, which provides under s. i (2),
that " where a fire engine is sent beyond the limits of a
borough or district in pursuance of any such agreement "
(i.e. between a parish council and a neighbouring district),
" the owner of the lands or buildings where the fire occurred
shall not by reason thereof be liable for any expense or
charge under s. 33 of the Town Police Clauses Act, 1847."
(ii) Local Government (Scotland) Act, 1908, s. 8 (4), which
similarly relieves owners and occupiers of their liability
under s. 298 of the Burgh Police (Scotland) Act, 1892,
for fire brigade charges, where such brigade is available
for use in their district under an agreement between the
County Council and some other local authority.
The provisions of the Town Police Clauses Act, 1847, s. 33.
;are :
16
" The Commissioners may send such engines with their appur- tenances, and the said firemen, beyond the limits of the Special Act, for extinguishing fire in the neighbourhood of the said limits ; and the owner of the lands or buildings where such fire shall have happened shall, in such case, defray the actual expense which may thereby be incurred, and shall also pay to the Commis- sioners a reasonable charge for the use of such engines with their appurtenances, and for the attendance of such firemen, and in case of any difference between the Commissioners and the owner of such land or buildings, the amount of the said expenses and charge, as well as the propriety of sending the said engines and firemen, as aforesaid, for extinguishing such fire (if the propriety thereof be disputed) shall be determined by two justices, whose decision shall be final ; and the amount of the said expenses and charge shall be recovered by the Commissioners as damages."
NOTES.
It is not possible to reconcile the principles on which the legislation on this subject has been based, as regards the following provisions, namely :
(1) that the cost of providing and maintaining a fire brigade by a local authority is payable out of the rates, and
(2) that the expenses in respect of the attendance of an out- of-district brigade is to be paid by an individual.
As regards the first point, in giving powers to local authorities to provide and maintain a brigade, and to pay the cost out of the rates, the State evidently acted on the principle that what was for the benefit of the community should be. paid for by the community.
As regards the second point, the State has not acted on the same principle. It is quite reasonable that a brigade should make a fair charge for services rendered in attending a fire outside its district, but it does not follow that it is reasonable to charge the person on whose premises the fire occurs. At present, in England and Wales such charges are payable by the owner of the lands or buildings, in Scotland by the owner or occupier of the premises, and in Ireland by the owner of the premises, where the fire occurs. The effect of this legislation may well be illustrated by some examples, showing how inequit- able is the system of charging an individual for the services of an out-of-district brigade. In England and Ireland, the charge for attending an isolated haystack on land rented by the owner of the stack from the owner of the land falls on the land- owner and not on the stack-owner ; and for attending a building which is gutted but of which the contents are saved, the owner of the building has to pay, and not the tenant who owned the contents saved. In Scotland, the owner or occupier of. a building, which with its contents is totally destroyed, has to pay, though in fact the services of the brigade saved the adjoining buildings. The position may be summed up in a few words. In every case where an individual is chargeable for services rendered by a fire brigade, he pays either for something from which he receives no benefit, or in an inverse ratio to the benefit received, for the longer the fire, the greater the expense and the less the benefit.
It is evident that in making an individual liable for brigade expenses, the State was not acting on the principle of payment in accordance with the benefit received. The only possible theories that can be put forward to account for charging the individual are that in the case of the " owner " the purpose was to secure the payment of the charges by making some one of substance liable for them, and that in the case of the " occupier '* the charge was intended to penalise the individual for having had a fire irrespective of the question whether he were negligent or not. In each case the reason is obviously inequitable or unsound ; and further, if the charge were intended to act as a penalty, it should have been so defined.
Another point may be mentioned here. Under present legis- lation applying to England, Wales and Ireland, outside help can be called in at the expense of the owners of buildings or lands, while inside help can be obtained at the expense of the tenants, who, as ratepayers, have the voice in the matter of establishing a fire brigade. It follows that the greater the extent to which the ownership of buildings is in the hands of persons who are not ratepayers, the greater is the inducement to the ratepayers not to establish a fire brigade. From this point of view also the system of charging the individual is undesirable.
The question then arises as to who should pay these charges. In view of the powers given to local authorities in the matter of fire extinction, it is evident that the State recognizes it to be the moral duty of every such authority to provide proper fire protection for its district in one form or another, either
(1) by establishing a fire brigade, and also, where neces- sary, entering into contracts with adjoining authorities for assistance in case of fire ; or
(2) where circumstances do not warrant the establishment of a brigade for the district or parish, by exercising the powers of combining or contracting with adjoining authori- ties.
The necessity for calling in an outside brigade shows the neces- sity for the exercise of the power of a local authority to enter into contracts with adjoining authorities. If this power were exercised as it should be, and the provisions of the Parish Fire Engines Act, 1898, s. i (2), were applied to all such contracts, there would be no cases in which the charges of am out-of -district brigade would fall on an individual. In principle, there is no reason why the provisions of the Act just mentioned should not be applied to all such contracts between local authorities of all kinds, nor is there any reason why an individual should suffer through the failure of a local authority to carry out its moral duty. Moreover, the State recognizes in the Act referred to that the charges for attendance by an out-of-district brigade should fall on the community rather than on the individual.
As the whole question turns on the principle of payment according to the benefit received, it will be as well to consider more fully who does benefit. If there were no fire brigado service, the annual loss of property from fire would be much
18
greater than it is, and to that extent would the national wealth suffer. In addition to the loss of capital value, there would be an increase in loss of life, personal injury and unemployment due to premises being burned out, and the consequent reduction in the facilities for production. The whole nation would surfer. Now, as the means taken for fire protection grow more efficient, so will the evils mentioned decrease, and so will the benefit to the nation increase. In the process, individuals will undoubtedly benefit in a greater or less degree, but in view of the far-reach- ing effect of the activities of a fire brigade service, it will be impossible to determine who those individuals are.
From the arguments put forward, it is clear that the only reasonable and consistent course to adopt under existing condi- tions, would be to make local authorities alone liable for all costs and expenses in connection with the fire brigade service, the charges of an out-of-district brigade being payable by the local authority of the district visited.
PRIVATE ACTS.
It will be desirable here to draw attention to certain private Acts, under which special privileges are granted to the local authority to charge for the services of its brigade rendered within its district. A list of these private Acts is given in Appendix No. 2. The persons to be charged vary according to the Act, but may be considered in two classes, viz. : individuals, and insur- ance companies.
INDIVIDUALS.
The arguments already put forward against the system of charging individuals with fire brigade expenses apply with equal strength whether the charges are those of an outside or an inside brigade. There are, however, additional objections to an indivi- dual being charged for services rendered by an inside brigade.
It is conceivable that the contributions from individuals in one year might be sufficient to meet the whole cost of the brigade for that year, in which case the ratepayers would be relieved of any expense in that direction. Even if that result were not achieved, the fact remains that contributions from individuals, who suffer loss by fire, go to relieve others who are fortunate enough to escape, even though the immunity of the latter may be due to the efforts of the brigade.
There is not even the excuse of the outside brigade as to security for payment, for the expenses are secured by the rates.
Moreover, where the individual charged is a ratepayer, he is paying twice over.
It is to be borne in mind that the right of local authorities to charge for the services of its brigade rendered within its district only exists under a few private Acts. It is contrary to the principle generally adopted. The only reason for this contra- dictory state of affairs seems to be that, when the right was given, it was not realized how subversive of the general principle or how inequitable it was. About fifty years ago, the fire insur- ance offices realized the position and ever since have successfully
19
contended against the several attempts that have been made by various local authorities to introduce this right into their private Acts. The Parliamentary Committees, which have dealt with such cases, have in every instance agreed with the views put forward by the fire offices and have struck out the objectionable clauses. As an instance of the strong view which has been held by a Parliamentary Committee in this connection, mention may be made of the case of Manchester, which is one of those places where the local authority has the right to charge for the services of its brigade rendered within its district. When the authorities of that city brought in a Bill to extend its boundaries, the Parliamentary Committee felt so strongly that the right mentioned was so contrary to the general principle that it refused to allow the extension of this right to the added portions.
In view of the consistent attitude of Parliamentary Committees for so many years on this subject, the limitation of this right to existing cases seems assured ; but, even so, there is no sound reason why even such cases should be preserved. So long as they exist, attempts will be made to treat them as precedents by local authorities wishing to obtain a similar right, not so much, perhaps, on the ground that it is reasonable, as that in the majority of cases the charges are paid by insurance companies.
INSURANCE COMPANIES.
At the outset it must be made quite clear that under the ordinary contract of fire insurance there is no liability on the part of insurance companies to pay fire brigade charges.
Although such charges are generally paid by the companies where the insured is legally liable, the payment is always made ex gratia. In the anticipation that such voluntary payments will be continued, local authorities are naturally anxious to secure the right to charge for brigade services rendered within the district, so as to relieve the rates at the expense of the companies.
In only four cases, under private acts, are insurance companies made directly responsible for brigade charges.
The result is that either by voluntary payments or under legal liability the fire insurance companies contribute to a substantial extent to the upkeep of fire brigades. This is a state of affairs that a little consideration will show to be inequitable and in principle unsound.
It is immaterial to a fire insurance company, from a business point of view, whether there is a highly efficient brigade service or no service at all. If there were none, the losses would increase and the cost of insurance would increase likewise. On the other hand, if there were a highly efficient brigade service and the losses decreased, the cost of insurance would also decrease. The loss or gain would be felt by the insuring public and not by the insurance companies. It may be asked, what guarantee is there that the cost of insurance would be reduced when losses dimin- ished. The answer is that the keen competition of the present day prevents the maintenance of insurance rates at a highei figure than is justified by the general experience of the fire offices.
Consequently any legislation which has the effect of making
20
insurance companies pay towards fire brigade expenses or charges, whether wholly or partially, is imposing a tax on the insuring, public. It is not reasonable that one section of the community,, however large, should be taxed for the benefit of the whole, especially where the tax falls on provident persons who insure to the advantage of those improvident persons who do not.
It has been stated that it is immaterial to fire insurance com- . panics whether there be a fire brigade service or not. It is, theoretically, against their interests to support one, for "it is possible to conceive that fire protection might be brought to such a state of perfection that it would not be necessary for people to insure at all, and the insurance companies would themselves be extinguished by the very appliances which they had contributed to provide. However remote such a contin- gency may be, this view of the case shows *the fallacy of the arguments of those who contend that the fire insurance com- panies ought to contribute towards the maintenance of brigades."
Moreover, it is unreasonable from another point of view that fire insurance companies should contribute to fire brigades. It would be as reasonable to require life insurance companies to contribute towards sanitary improvements, or marine insurance companies to the costs of harbours of refuge and lighthouses, or burglary insurance companies to the cost of police protection.
The arguments put forward show that the special provisions of private Acts referred to are lacking in reason and principle, and are undesirable. Moreover, there is no valid reason why a particular locality should be treated on a different principle from that adopted generally throughout the Kingdom.
This question of brigade expenses and charges has been dealt with somewhat fully as it is felt that it is one which at the present time is affecting in no small degree the efficiency of the fire service. Instances, given in the next chapter, of the practice of many fire brigades serve to illustrate this point. The removal of anomalies and the establishment of the financial side of the question on a reasonable and equitable basis would materially help towards raising the standard of efficiency to the necessary level.
B. Conduct of operations at a fire, and right of entry.
Rights of entry into a building or lands and of destroying property for the purpose of extinguishing or preventing the spread of a fire exist at Common Law, but are also dealt with by Statute under the following Acts :
(i) England, Wales and Ireland — Public Health Acts Amend- ment Act, 1907. The provisions of this Act only apply to districts where and in so far as they have been applied by order of the Secretary of State or the Secretary for Ireland as the case may be. (ii) Scotland — Burgh Police (Scotland) Act, 1892.
These Acts also contain regulations as to the control of opera- tions at fires
At Common Law, any person may, without the consent of the owner or occupier, enter or even force an entrance into a
21
burning building, "if it were necessary in order to save life, and perhaps also if there were an insufficient force on the premises for the purpose of extinguishing the fire, or if the duty of the persons employed in doing so were being neglected, and danger to life and property were the result." [Carter v. Thomas (1893) i Q.B. 673, per Kennedy, J., at p. 679.]
In order to prevent the spread of a fire, it is justifiable, in case of necessity, to pull down a house on fire for the safety of neigh- bouring houses, on the ground that the adoption of such a course is for the common weal, [Maleverer v. Spinke (1538) i Dyer 35 (b)] ; or to make any " apparently necessary and bona fide •effort to put out a fire, whether it be by spoiling the goods by water, or throwing articles of furniture out of the window, or even the destroying of a neighbouring house by gas explosion," [Stanley v. Western Insurance Co. (1868) L.R. 3 Ex. 71, per Kelly, C.B., at p. 74]. '
These Common Law rights would be enjoyed by brigades to which the above mentioned Acts do not apply.
Railway Companies have special powers under the Railway Fires Act, 1905.
The provisions of the Acts mentioned, dealing with the subject of this Section, are as follow :
Public Health Acts Amendment Act, 1907, ss. 87, 88, 89.
"87. Any police constable acting under the orders of his superior officer, and any member of the fire brigade of the local authority being on duty, and any officer of the local authority, may enter and if necessary break into any building in the district being or reasonably supposed to be on fire, or any building or land adjoining or near thereto, without the consent of the owner or occupier thereof respectively, and may do all such acts and things as they may deem necessary for extinguishing fire in any such building or for protecting the same or rescuing any person or pro- perty therein from fire.
"88. The officer in charge of the police at any fire in the district shall have power to stop or regulate the traffic in any street when- ever in his opinion it is necessary or desirable to stop or regulate such traffic for the purpose of extinguishing the fire or for the safety or protection of life or property, and any person who wilfully disobeys any order given by such officer in pursuance of this section shall be liable to a penalty not exceeding five pounds.
"89. The captain or superintendent of the fire brigade of the local authority or other officer of such fire brigade for the time being in charge of the engine or other apparatus for extinguishing fires attending at any fire within the district shall from the time of his arrival and during his presence thereat have the sole charge and control of all operations for the putting out of such fire, whether by the fire brigade of the local authority or any other fire brigade, including the fixing of the position of fire engines and apparatus, the attaching of hose to any water pipes or water supply, and the selection of the parts of the building on fire or of adjoining build- ings against which the water is to be directed."
Burgh Police (Scotland) Act, 1892, ss. 293, 294, 295 and 297.
" 293. The fire brigade may enter, and, if necessary, break into
any building in the burgh being on fire, or any buildings or lands
adjoining or near thereto, without the consent of any owner or
22
occupier thereof respectively, and may do all such acts and things as they may deem necessary for extinguishing fire in any such building, or for protecting the same or rescuing any person or property therein from fire ; and any damage done in the exercise of such powers shall be deemed to be damage done by fire.
" 294. The senior officer of the fire brigade present at any fire shall have the sole charge and control of all operations for the extinction of such fire, whether by the Commissioners' engines or appliances, or any other or others, including the fixing of the posi- tions of fire engines and apparatus, the attaching of hose to any water pipes or water supply, the shutting off the water from other parts of the building on fire or of adjoining buildings against which the water is to be directed.
" 295. The senior officer of the fire brigade or of police present on the occasion of any fire shall be entitled, where he considers the same necessary, to enable the fire brigade better to discharge their duties, or for the protection of the hose or other appur- tenances, or for the safety of the public, to shut up temporarily by means of a guard of constables or other persons, or a rope, chain, tressels, or barricade, any street, court, or passage in or near the place where such fire exists ; and every person wilfully using such street, court, or passage while it is temporarily shut up, without the consent of the fire brigade or police, shall be liable to a penalty not exceeding five pounds.
" 297. The chief constable or chief officer of police shall, if he consider it necessary for the ends of justice, be entitled to retain possession of the premises in which the fire has occurred until twenty-four hours after the circumstances of the fire have been reported to the burgh prosecutor."
Railway Fires Act, 1905, s. 2 (i), (2).
" 2. — (i) A railway company may enter on any land and do- all things reasonably necessary for the purpose of extinguishing or arresting the spread of any fire caused by sparks or cinders emitted from any locomotive engine.
" (2) A railway company may, for the purpose of preventing or diminishing the risk of fire in a plantation, wood, .or orchard, through sparks or cinders emitted frcm any Icccmotive engine, enter upon any part of the plantation, wood, or orchard, or on any land adjoining thereto, and cut down and clear away any undergrowth, and take any other precautions reasonably necessary for the purpose ; but they shall not, without the consent of the owner of the plantation, wood, or orchard, cut down or injure any trees, bushes, or shrubs."
NOTES.
It is highly desirable that the powers of a fire brigade and its officers, when attending a fire, should be clearly denned by statute, and that such powers be enjoyed ^equally by all brigades constituted under statutory authority throughout the Kingdom.
In England, Wales and Ireland, the powers granted are depen- dent on an order of the Secretary of State or Secretary for Ireland.
In Scotland, however, the powers granted are enjoyed through- out the country, and moreover are of a more comprehensive nature.
23 ***
C. The Provision of Fire-plugs, etc.
In England, Wales and Ireland, it is the duty of every urban authority to supply fire-plugs, etc., whereas in Scotland the town commissioners are under no obligation, though they have the power, to do so.
The liability resting on undertakers under the Waterworks Clauses Act, 1847, is merely a liability to fix fire-plugs at the request of the urban authority, and to maintain them and an efficient water supply, while the expense of the fixing and main- tenance is borne by the1 urban authority.
ENGLAND, WALES AND IRELAND.
The various statutory provisions relating to the duty of urban authorities in England and Wales and Ireland are practically the same, viz. : —
" Every urban authority shall cause fire-plugs and all necessary works machinery and assistance for securing an efficient supply of water in case of fire to be provided and maintained, and for this purpose they may enter into any agreement with any water company or person ; and they shall paint or mark on the buildings and walls within the streets words or marks near to such fire-plugs to denote the situation thereof, and do such other things for the purposes aforesaid as they may deem expedient,"
and are found in the following Acts, viz. : —
(i) Public Health Act, 1875, s. 66 — applicable to England and Wales.
(ii) Public Health (Ireland) Act, 1878, s. 76— applicable to Ireland. Here the Section commences with the following words : "In every urban sanitary district, or part of such district, in which and so far as no water company shall be by law liable to the obligation of doing the several matters and things mentioned in this section, the urban authority shall cause, etc."
(iii) Towns Improvement Clauses Act, 1847, s. 124 — applicable to England and Ireland.
SCOTLAND.
As already stated, there is no statutory obligation on local
authorities in Scotland to supply fire-plugs. Powers in that
direction are, however, conferred on such authorities as follow :
(i) County Council, under the Local Government (Scotland)
Act, 1908, s. 8 (7), which gives to a County Council the same
powers and duties as those assigned to town commissioners
within the meaning of the Waterworks Clauses Act, 1847.
(ii) Burgh Commissioners, under the Burgh Police (Scotland)
Act, 1892, ss. 260 and 292.
s. 260 gives the Commissioners the power to fix fire-cocks " at the sight of the engineer " of the water company.
s. 292 gives the Commissioners the power to fix index plates showing the position of fire-plugs, to put up fire alarms, telephone or telegraph wires necessary for the working of the fire establishment.
24
Waterworks Clauses Act, 1847.
This Act only applies to such waterworks in the United King- dom as shall be authorized by Act of Parliament incorporating its provisions. The sections dealing with the subject of fire- plugs are :
s. 38. Liability of the undertakers to fix fire-plugs at the
request of the Town Commissioners, s. 39. Liability of the undertakers to maintain them, s. 40. Cost of fixing and maintenance to be borne by Town
Commissioners . s. 41. Liability of the undertakers to place fire-plugs near
manufactories at the request and expense of owners. s. 42. Water pipes to be kept charged, s. 43. Penalty for non-compliance.
D. Water used for extinguishing Fires.
The use of water for extinguishing fires and the payment therefor are dealt with under the following Acts, viz. : — (i) Waterworks Clauses Act, 1847, s. 42, provides that :
" The undertakers . . . shall allow all persons at all times to take and use such water for extinguishing fire, without making compensation for the same."
(ii) Local Government (Scotland) Act, 1908, s. 8 (8), provides that :
" The County Council may, through their employees, for the purpose of extinguishing or preventing the spread of fire, take and use any convenient or suitable supply of water, but shall be liable to pay compensation to any person who shall suffer loss thereby and to make payment to the local authority or other person entitled thereto for the water used."
E. False Alarms of Fire.
Under the False Alarms of Fire Act, 1895, it is provided
(1) under s. i, that :
" Any person knowingly giving or causing to be given a false alarm of fire to the fire brigade of any town or parish outside the metropolitan area or to any officer thereof, whether by means of a street fire alarm, statement, message, or otherwise, shall be deemed to be guilty of an offence punishable on summary conviction, and shall, on conviction for such offence by a court of summary juris- diction, be liable for every such offence to a penalty not exceeding twenty pounds."
(2) under s. 3, that :
" The provisions of this Act relative to giving a false alarm of
fire by means of a street fire alarm shall not apply to any burgh
or police burgh in Scotland in which a person who wantonly
rings a fire alarm is liable to a penalty under the provisions of
the Burgh Police (Scotland) Act, 1892, or of any local Police Act."
Under the Burgh Police (Scotland) Act, 1892, s. 292, it is
provided that —
" any person who shall . . . wantonly ring any such fire alarm shall be liable to a penalty not exceeding five pounds for each offence."
25
Under the London County Council (General Powers) Act, 1893, s. 1 6, there is a similar penalty, not exceeding £20. A like provision is to be found in other local Acts.
F. Chimney Fires.
Penalties are imposed for chimney fires under two acts, namely, the Town Police Clauses Act, 1847, and the Burgh Police (Scot- land) Act, 1892. The provisions of both Acts are practically the same. The wording of the later Act is, perhaps, preferable to that of the former, and is as follows :
1. Every person who wilfully sets or causes to be set on fire any chimney shall be liable to a penalty not exceeding five pounds : Provided always, that nothing herein contained shall exempt the person so setting or causing to be set on fire any chimney from liability to be indicted or prosecuted therefor before any criminal court.
2. If any chimney catch or be on fire, the person occupying or using the premises in which such chimney is situated shall be liable to a penalty not exceeding ten shillings, unless he shall prove to the satisfaction of the magistrate that such fire was in nowise owing to omission, neglect or carelessness of himself or servant, and such person shall pay the expenses incurred in extinguishing the fire, as the same shall be fixed by the magistrate*
(N.B. The words in italics do not appear in the Act of 1847.) These provisions apply :
(1) to towns or districts in England and Ireland, comprised in any Act of Parliament incorporating the provisions of the Town Police Clauses Act, 1847 — ss. 30 and 31.
(2) to urban districts in England and Wales, under s. 171 of the Public Health Act, 1875, which incorporates ss. 30 and 31 of the Town Police Clauses Act, 1847.
(3) to burghs in Scotland under ss. 289 and 290 of the Burgh Police (Scotland) Act, 1892.
GENERAL CRITICISM.
As regards the legislation applying to England and Wales, criticism may well be summed up in the words of the Fire Brigades Committee of 1900, contained in ss. 87, 88 and 89 of their report, which ran as follows :
" Some of the enactments are very obscure. Several of the powers given are of partial application only, and others cannot be exercised except under special circumstances ; while with regard to some sections in the various Acts, it is only by a strained interpretation, apparently, that they are made to apply at all.
" Altogether the present statutory enactments for providing against fire appear to be so fragmentary, and so mixed up with and incidental to important Acts of Parliament dealing with totally different subjects, that they are liable to lose their force as fire legislation.
26
" The inadequate provision against fire, shown to exist so largely throughout the country, is due sometimes to apathy on the part of local authorities, sometimes to ignorance or doubt (caused by defective legislation) on the part of such authorities as to the powers they actually possess, and frequently to undue reliance on outside help."
As regards Ireland, the legislation bearing on the subject is open to criticism almost equally as strong.
In the case of Scotland, however, the legislation is in a much better state, though it is open to criticism on the score of being " mixed up with " Acts dealing with totally different subjects.
But the main criticism is applicable to all three countries, namely, that there are no provisions for compulsion (except partially in the case of fire-plugs) or for organization.
27
CHAPTER II. THE PRESENT FIRE BRIGADE SERVICE.
IT is not possible to present a true picture of the state of the Fire Brigade Service of the United Kingdom, owing to the absence of up-to-date statistics ; but from such information as is avail- able some idea of its most unsatisfactory state may be gathered.
The only official information on the subject is almost twenty years old and is contained in the following publications, viz. : — >
Report of the Select Committee on Fire Brigades, in two parts, viz. :
Minutes of Evidence, 1899, No. 303. Report of the Committee, 1900, No. 278.
Return relative to Fire Brigades and Fires in England and Wales for the year 1903, published in 1906.
These publications deal only with the Fire Service in England and Wales. There appear to be no official reports relating to Scotland or Ireland.
An official inquiry into the state of the Service throughout the United Kingdom would be very desirable. If one were held, it would in all probability be found that, as regards England and Wales, there has been little if any improvement on the unsatisfactory state of affairs disclosed to the Select Committee twenty years ago, and that the condition of the Service in Scotland and Ireland is no more favourable.
As the object of drawing attention to the existing state of the service and its deficiencies is to show the necessity, primarily, for its proper organization, and, secondarily, for an inquiry into present conditions, it will be sufficient to set forth
(a) the different kinds of brigades at present in existence.
(b) Such official statistics as may be material, though twenty years old.
(c) A statement of a few (out of many) cases collected from various local newspapers during the last few years, illustrating not only the inefficiency of such fire brigades as exist, but also the incompetency of those in whose hands the provision and maintenance of fire brigades are placed.
(d) A few notes on the more important features of the fire services on the Continent.
FIRE BRIGADES.
The fire brigades of the United Kingdom may be divided into- five classes, viz. : —
(i) Professional brigades, formed of men who take up fire extinction as a profession or livelihood, and are paid accordingly, e.g. those in London, Manchester and Birmingham.
It is this type of brigade that affords the best facilities for attaining the highest efficiency in the art of fire extinction.
28
(•2) Police brigades, constituted under the Police Acts of 1890- and 1893, e.g. those in Liverpool, Bristol, Norwich, Sunderland, Portsmouth, etc.
The principle of employing police as firemen is undesirable for two reasons ; firstly, because the type of man suitable for police service is not as a rule the most suitable for fire brigade service, and secondly, because at a fire the services of the police as such are in greater demand than at other times, and cannot be spared for brigade purposes without running the risk of rendering the force inadequate for the purpose of controlling the streets and general public.
(3) Retained brigades, organized by local authorities and composed of artisans, tradesmen and others who are engaged in various avocations, many of them in building operations r ladder work, etc. They receive from local authorities a small annual sum as a retaining fee for their services as firemen when- ever required. Certain permanent officers are attached to these brigades, who are responsible for their training and efficiency. In addition to the retaining fee the firemen receive small sums for attendance at drill and at fires. (Report of 1900, s. 42.)
(4) Volunteer brigades are of two kinds, viz. : —
(a) purely volunteer, who provide their own engines and appliances and rely for support on contributions from the general public and from those whose property, in case of fire, they attempt to save.
(b) partly-paid volunteer, who in addition to subscriptions from the public receive support from local authorities either in the form of yearly contributions in money, ' usually small, or by the loan or gift of fire engines and other appliances.
In both cases, volunteer fire brigades are independent bodies, not subject to any supervision or control. (Report of 1900, ss. 17, 18 and 19.) For that reason this kind of brigade, though fostering a splendid spirit, is undesirable. In the majority of cases it results in inefficiency. In the words of the Committee of 1900, " the principle of entrusting the performance of a public duty to private and irresponsible persons is an unsound one, and the results of the application of that principle are very unsatisfactory." (Report of 1900, s. 41.)
(5) Private brigades are usually found in docks, factories and large works, and in the country on a few of the larger estates ; also in Government Dockyards, and in garrison towns maintained by the military. The practice of private brigades varies consider- ably. It would probably be correct to say that in towns the majority do not render assistance, but those in the country on landed estates usually do. (Report of 1900, s. 48.)
NOTE.
A full consideration of the various types of brigades reason- ably leads to the conclusion that
For large cities or towns, a professional fire brigade is necessary to provide adequate protection against fire, but 29
For smaller places and country districts the " retained " system (or something similar) is the most practicable as being the one most calculated to secure the best protection available in the most economical manner, (cf. Report of 1900, s. 47.)
Other brigades (excepting private fire brigades) might with advantage be conformed to one of these two types.
It is to be noted that amongst these various kinds of brigades there exists no organization, no compulsory provision or co- operation. The provision and maintenance of a brigade in any place is entirely dependent upon the inclination of the local authority or upon voluntary effort.
OFFICIAL STATISTICS.
The result of this state of affairs was that in 1903 fire brigades in England and Wales existed in the following numbers, viz. : —
(1) Professional . . . .' . . 34
(2) Police ...... ..-.' 6 1
(3) Retained ....... 669
(4) Volunteer . . . . . •."•;.:• : ••.•• 705
Total 1,469
In addition there were 434 private fire brigades.
It is worthy of notice that volunteer brigades formed almost one half of the total number. This is some indication of the extent to which local authorities have neglected to exercise their powers. Their neglect is strongly emphasized by evidence pro- duced to the Select Committee of 1900, some of which read as follows :
" In England alone of 1,025 urban districts (including county boroughs and non-county boroughs) there are 266 without fire brigades. Out of a total of 1,025 urban authorities, 116 are returned as being without sufficient hydrants, and 119 as having a defective water supply. These unprotected districts have a total population of 5 millions, and a total rateable value of about ij million sterling." (Report of 1900, s. 55.)
Other evidence given to the Committee was of a similarly unsatisfactory nature. As a result, the Committee came to the conclusion that, while in large cities and towns the fire brigade service was satisfactory, " in smaller places in urban and rural districts the fire arrangements — where they exist at all — are too often inefficient, and that in a large number of these places and districts there is practically no provision made for protection against fire."
More recent evidence, such as that afforded by newspaper reports of fires and of proceedings at meetings of local councils during the last few years, points to a similarly unsatisfactory state of affairs at the present time, particularly in the matter of co-operation. Under existing legislation local authorities have power to co-operate, but that is not enough. One local authority having no brigade refuses to enter into arrangements with adjoining local authorities so provided for assistance in case of fire, perhaps with the object of keeping the rates as low
3°
as possible and of avoiding any expense which in the opinion of the voters may be considered unnecessary — until a serious fire happens. Another local authority, having a brigade, refuses to allow its brigade to attend fires in the district of the first authority, because, although legislation permits a local authority to charge for the services of its brigade rendered outside its dis- trict, in practice difficulty has been experienced in recovering payment of the charges. Such cases are not uncommon. What- ever may be the reason for failure on the part of local authorities to co-operate, be it ignorance, stupidity or false economy, the result is an annual loss of property of no inconsiderable value, not to mention the unemployment and other loss that necessarily follows. It is time that local authorities were relieved of all control over the fire brigade service, and replaced by some fire brigade authority having the duty of providing an adequate service on organized lines, independent of local control, not only on account of the incompetency displayed by some of the lesser local authorities in dealing with fire protection, but rather for the reason that if the fire service is to be properly organized and economy observed as far as is compatible with adequate protec- tion, the district of the authority or authorities in control must cover a much wider area than that of one, or even two or three local authorities put together, excepting perhaps such a district as that of the London Fire Brigade.
The following items of interest in this connection, which have been selected from reports in various local papers from all parts of the Kingdom during the last few years, give some idea of the deficiencies of the brigade service at the present time, and afford some evidence of the fact . that no inconsiderable loss by fire is due to the action of local authorities in prohibiting their brigades from attending fires outside the district.
ACTION OF LOCAL AUTHORITIES AS TO OUT-OF- DISTRICT FIRES.
A few instances of such prohibition :
The E — - District Council, in 1916, unless horses were supplied and expenses guaranteed.
The C— - District Council, in 1916, owing to the considerable difficulty in recovering expenses.
The C— — Corporation, in 1917, even if expenses were guaranteed. It seems there was a doubt whether the fire engine was in a fit condition to be hauled beyond the boundaries. In spite of the prohibition the Mayor, in 1918, acting on his own initiative, permitted the brigade to attend a fire outside the district. At a subsequent meeting of the Council, in view of the special circum- stances which prompted the action of the Mayor, it was sug- gested that arrangements be entered into with outside authorities for payment for the services of the Corporation brigade.
The N — - Urban Council. The prohibition, however, was disregarded and the brigade sent out of the district, on one occasion in 1916, by some one in authority out of " sympathy with national appeals for unity, for economy and for the sinking of parochial prejudice against the higher demands of the country."
The R — - Town Council affords a pleasing contrast. In 1916, at one of its meetings, it refused to prohibit its brigade from attending fires outside its district, on the ground that " it they acted in this narrow-minded way, it would be a stain and disgrace to them as a public body."
As an instance of the facilities for co-operation afforded by a few local authorities, it may be mentioned that the K — - Cor- poration gives persons and firms in adj'dning districts the opportunity of retaining the services of the brigade by com- paratively small annual payments — £2 per cent, on the rate- able value, unless the local authority for the district has agreed to contribute at the rate of three -farthings in jthe £ on the rateable value of the whole of the buildings in that district.
The H — - Corporation at one time offered similar facilities, but subsequently withdrew them.
The M — - Fire Brigade Committee in 1917 refused to enter into any agreement for the attendance of its brigade at fires outside its district, even though serious loss of property or loss of life were involved — one member of the Committee argued that " if they did so, they would never get an efficient brigade of their own."
A case has been recorded of advice having been given to a Parish Council not to exercise its powers under the Parish Fire Engines Act, " because by not doing so, the expense of the attendance of a brigade from an adjoining district will be met by the insurance companies." This advice was evidently given on the assumption that the brigade of an adjoining district would turn out when called, and regardless of the fact that insurance companies are not legally liable for such expenses.
The parish of C — — once had a brigade " consisting of very enthusiastic and efficient young men. They never asked, or indeed expected, any pay, yet as the result of the way they were treated by the parish council, they lost them." These remarks were made at a meeting of the council in 1916 by one of its members.
REPORTS OF FIRES.
' In 1915, some flour mills, two miles from T -, caught fire,
and the T— - brigade responded, but " finding the outbreak was beyond the borough boundary, they were left to view the glare from the outskirts of the city. If the brigade had proceeded it would have been of little avail in view of the appliances in their possession ; but with a modern steam fire engine and sufficient hose much might have been done to subdue the flames and prevent them spreading to adjacent buildings." Within two miles of the mills there happened to be such an engine with over a mile of hose, lying in a shed, but no use could be made of it " owing to the severance of the working arrangement between the Town Council and the District Council for attendance at rural fires." The loss of property was estimated at /5,ooo and a considerable number of men were thrown out of employ- ment.
In 1914, a fire broke out in some flour mills about five miles
32,
from R , a town which possessed a motor fire engine. The
brigade received a call for assistance, but refused to attend as it was " contrary to custom to act outside the borough." Help,
however, was readily accorded by the volunteer brigade of N ,.
a small town twelve miles distant, which with their motor engine reached the mills little more than half-an-hour after receiving the call, but more than three-quarters of an hour after the out- break. The loss was estimated at .£15,000.
In 1916, the K — — brigade refused to attend an out-of-district fire, because the owner of the property did not subscribe to the brigade. The loss was estimated at ^10,000. The only assist- ance afforded was by the men of another brigade, who were conveyed by a trap to the scene of the fire and had to do the best they could without a fire engine.
In 1917, a fire broke out in a large house in Sussex. Three brigades were notified. " The first refused to go, because there was no guarantee that their fees would be paid ; the second would not go because of lack of firemen ; and the third were unable to get horses. Eventually, the U- - fire engine was towed over by a sympathetic motorist, the tow-rope, however, breaking twice en route. The house was gutted."
In 1919, some haystacks valued at ^1,000 were destroyed by fire on a farm in the K — - District Council area. As that
body refuses to contribute to either the H — — or the K fire
brigades, both declined to send their engines.
In 1915, a flour mill, protected by sprinklers, was completely gutted owing to the water supply to them being turned off on' the outbreak of fire.
About sixteen years ago a sprinklered cotton mill in Lancashire caught fire. The sprinklers operated, and if they had been allowed to run their course, would have extinguished the fire with comparatively little damage. On the arrival of the brigade, the chief officer turned off the water supply to the sprinklers in order to obtain greater pressure for his hose. The result was- that the mill was gutted.
SOME CONTINENTAL BRIGADES.
A few notes on the more interesting features of the Fire Ser- vices on the Continent may afford ideas worthy of consideration in any attempt to organize the Fire Service of the United King- dom, and in any case will serve to show that in most of the chief Continental countries much more importance is attached to fire protection than in this country. The notes are compiled from various journals of the British Fire Prevention Committee con- taining accounts of the visits of a Special Commission of that Committee to Austria-Hungary and Bavaria in 1904, Italy, Switzerland and South Germany in 1906, North Germany in 1909, France in 1911, and Russia in 1912.
The Commission that visited Russia in 1912 came to the con- clusion that, as in the case of the United Kingdom, the state of the Russian Fire Service was from an administrative stand- point " essentially chaotic." Therefore, no further reference is made to that country.
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As regards the other countries visited, points of interest arise in connection with State recognition, organization, and Fire Brigade officers and men.
STATE RECOGNITION ON THE CONTINENT.
France appears to be the only country which receives State recognition. Its Superior Council of the Fire Service, which is an advisory body formed for the advancement of the Service, has an official status and direct access to the Minister of the Interior. Further, " all municipal and rural brigades in France have their responsibilities and duties clearly denned under national statute, their status properly set out, and are com- manded by officers appointed with Government approval and under commission of the President. Private fire brigades and works brigades alone do not enjoy official recognition, but as a rule are organized as corporate entities or societies, and thus at least have a legal status."
• ORGANIZATION.
There is no evidence of any legislation providing for the organi- zation of the fire brigade service in the countries under considera- tion on the lines indicated in the next chapter.
The co-operation that does exist, appears to arise out of the high sense of importance with which the service is regarded. For instance, in Austria-Hungary, the country brigades, which were practically all volunteer, are systematically inspected by the officials of the fire brigade associations. In Milan, a syste- matic supervision is accorded by the chief of the local brigade to private brigades.
This high sense of the importance of the Fire Service calls jor a high state of efficiency, more particularly in the training of officers and men. The Paris Brigade serves as a training centre for the nation.
In Berlin, courses for training officers are specially organized.
SUPERIOR OFFICERS.
The mere passing through a course of training, however, is not sufficient to enable a man to become a brigade officer in Italy or Germany. In both countries the superior officers of professional brigades must have been either military officers (Royal Engineers or Artillery) or civil engineers or architects. In Germany the would-be officer has to pass a severer test than in Italy. The high standard of technical knowledge required of a superior officer is due to the fact that his duties are not con- fined to fire extinction but embrace, survey work in connection with fire prevention. This practice of utilizing Fire Brigade officers for fire prevention work is followed also in Paris and in Austria-Hungary. The officers' pay in Germany is not liberal, but in 1909 was better than the German Army officer's pay; housing is generally provided rent free.
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The following statement, which refers to the year 1909, speaks, for itself :
London Fire Brigade had 5 superior officers for about 1,400 men. Paris ,, ,, 48 ,, ,, ,, 1,803 »
Berlin ,, ,, 26 ,, „ ,, 1,040 ,,
Hamburg ,, ,, 12 ,, ,, ,, 512 ,,
Hanover ,, ,, 5 ,, ,, ,, 120 ,,
Few of the small brigades in Germany have less than two. superior officers. The great difference in the relative proportions of officers to men between the London and the German brigades is not to any great extent due to the fact that the officers of the latter undertake fire prevention work. It is rather due to the importance attached to the service and the desire for greater efficiency.
FIREMEN.
As regards the men, the Swiss methods alone call for comment. In Switzerland, service in the Fire Brigade is compulsory and is conducted on militia lines. " Thus, brigades are of great numeri- cal strength and have men to spare for police and salvage work. The permanent staff of the brigade is employed in the brigade workshops and the men so employed are selected from artizans who are able to do such repair work."
The formation of the militia brigade and its conditions of service are or were much the same in the main points throughout Switzerland. Every male inhabitant is compelled to do some service for the prevention of or protection against fire, from the age of twenty upwards for a certain number of years. The duty may be fulfilled (i) by active service or (2) in the case of an able- bodied citizen who for some reason or another is not found suited to be a member of the brigade, or has been dismissed from it, by the payment of a tax fixed on the basis of his income. Clergy, M.P.'s, municipal and railway officials, etc., are exempted from active service but not from the tax. Failure to attend drills involves fine or imprisonment. The firemen are generally given a free insurance against death, accident and sickness. The pay for attendance at drills varies from nothing to i fr. per drill of two hours, and at fires from 80 c. to 2 fr. for two- hours and 50 c. per hour after.
In Bale, the permanent staff comprises a small professional brigade, a first " turn-out " section, which does all the primary work and attends small fires ; the militia force serves as a very large, but well-organized, auxiliary, to be called out in case of more serious fires only. There was some idea, in 1906, of apply- ing this system to all the principal cities in Switzerland.
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CHAPTER III. A SCHEME FOR A PUBLIC FIRE BRIGADE SERVICE.
THE purpose of a public fire brigade service is to afford protection to the public by taking all reasonable precautions to minimize .fire waste, both as regards life and property.
The work of such a service is not limited to the extinction of fires, but also includes the duty of saving life and property and of taking reasonable measures to protect such property when out of danger from fire.
In order to obtain the best results from such a service, it is 'essential that there shall be
(1) A proper organization of the whole service, including co-operation between brigades.
(2) An adequate provision of fire engines, fire escapes, fire- plugs and other appliances for combating fires, and their maintenance in an efficient state.
(3) An efficiently trained body of men to act as firemen.
(4) An equitable method of dealing with the financial side of the question.
(5) Facilities for collecting and distributing useful information.
(6) Legislation which will provide accordingly.
Before carrying through any reorganization of the service 4n this country, it would be highly desirable to obtain up-to-date information as to the system, methods and practice of fire services -abroad, and especially in the United States of America, where the fire service is perhaps the most efficient of any. . Under a proper organization of a public service, private brigades and privately owned salvage corps, i.e. brigades and corps main- tained for the private use and benefit of the owners, have no place. Consequently, the general provisions of the scheme to be put forward do not apply to them ; at the same time, it is necessary , to make special provisions regarding them, which, however, leave them more or less their independence, if they wish to retain it, except in the minor matter of registration. - As regards the Metropolitan Fire Brigade, it may be felt that its high state of efficiency and the fact that it does not lack satisfactory legislation to govern it make it desirable that it should be excluded from any scheme of reorganization. This scheme, however, is such that, if it were thought desirable, it could be included without affecting its independence to any appreciable extent. In many ways its inclusion would be desirable.
The general idea of the scheme is contained in the following suggestions, namely :
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BASIS OF ORGANIZATION.
1. That a department of the Home Office be created, to be
known as the Fire Service Department, to deal with all matters relating to the Fire Brigade Service of the United Kingdom and to the question of fire extinction generally.
2. That the whole of the United Kingdom be divided into
areas and each area subdivided into districts.
NOTE. This idea is the same as that contained in the Defence of the Realm Regulation No. 55 B. (see Appendix No. 3). It is not suggested that the same areas should be adopted as under that regulation, or that they should be so extensive. In the formation of the districts, the existing districts for rating purposes should be regarded, and care taken to avoid including parts of one rating district in two or more brigade districts.
3. That an officer be appointed to each area, to be known as
the Area Officer, who shall be responsible for the efficiency of the fire brigade service within his area.
NOTE. His duties are dealt with more fully in the follow- ing pages. It would be desirable for the Area Officer to be a Government Official and paid by Government and not out of the rates. It is not necessary that he should be a trained fireman. He should have organizing abilities, and scientific knowledge, and be able to control men.
4. That an officer be appointed by the Area Officer to each
district within his area, to be known as the District Officer, who shall be responsible to the Area Officer for the efficiency of the fire brigade service within his district.
NOTE. The District Officer should be a thoroughly trained and efficient brigade officer with a scientific as well as a practical knowledge of fire extinction.
FIRE BRIGADES.
5. That fire brigades throughout the United Kingdom shall
be only of two kinds and classified as follows, viz. :—
(1) Public Brigades.
(a) Those in which more than (say) three professional firemen are employed.
(b) Others.
(2) Private Brigades.
(a) Those which enter into an agreement with the Area Officer to render assistance in case of fire.
(b) Those which do not enter into such an agreement- NOTE. The classification of Public Brigades might be
amplified, with the object of discriminating between brigades in regard to their importance and responsibilities, and of varying accordingly the conditions of pay and, if necessary, the regulations governing their conduct.
6. That all fire brigades in an area (except private brigades)
shall be under the control of the Area Officer.
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7. That all fire brigades in a district (except private brigades)
shall be under the control of the District Officer, subject to the superior control of the Area Officer.
NOTE. The effect of this is that volunteer brigades would cease to exist and their appliances would be taken over by the Area Officer, with or without compensation.
SALVAGE CORPS.
8. That an Area Officer may, if he considers it desirable to
do so, form a salvage corps in any city or town in his area..
9. That such salvage corps shall be formed as a section of the
fire brigade of that city or town and under the control of the brigade officer.
NOTE. There exist only a few privately-owned salvage corps, which do not come into this scheme, except in the matters of co-operation and registration.
CO-OPERATION.
10. That general regulations aiming at co-operation between
public brigades in one area shall be laid down by the Home- Office.
11. That the Area Officer shall make such specific regulations
as may be necessary to give effect to the general regulations within his area.
12. That the Area officer shall make arrangements with the
area officers of adjoining areas for mutual assistance in case of fire — the arrangements to be subject to the approval of the Home Office.
13. That the Area Officer shall have power to enter into an
agreement with a private fire brigade, whether within or without the area, for its attendance at fires within the area — the terms of the agreement to be subject to the appro- val of the Home Office.
14. That the Area Officer shall continue the present arrange- ments for co-operation between fire brigade authorities and the owners of any existing privately-owned salvage- corps within his area and may make any alteration in them, which will ensure more effective co-operation.
15. That the Area Officer shall have power to enter into similar arrangements with any privately-owned salvage- corps which may at some future time be formed.
REGISTRATION.
1 6. That all fire brigades in any area, whether public or private,
and all privately-owned salvage corps shall be registered with the Area Officer during January in each year.
17. That the form of application for registration shall require
such information as to the class, the strength and the appli- ances of the brigade, and as to the activities of the brigade or salvage corps during the preceding year and other infor- mation as may be considered desirable and useful.
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1 8. That such forms shall be completed by the chief of a public brigade, or by the owner of a private brigade.
19. That a penalty for default shall be imposed upon those whose duty it is to complete such forms.
20. That on registration a certificate shall be issued to each
brigade, giving to firemen of Public Brigades the right to wear the uniform approved by the Home Office, and immu- nity from personal liability for damage done to property in the course of carrying out a fireman's duties.
21. That the certificate granted to a private fire brigade, which has entered into an agreement with the Area Officer to render assistance in case of fire, shall give members of such brigade the immunity from personal liability above described.
22. That a certificate be issued to every privately-owned salvage
corps upon registration.
FIREMEN.
23. That firemen and other persons authorized to be employed
in the brigade service be classified as ollows :
(1) Professional Firemen.
(a) Chief officer.
(b) Second officer, or divisional officer.
(c) Superintendent, or station officer.
(d) Foreman.
(e) ist Class men. (/) 2nd Class men. (g) 3rd Class men. (k) Probationers.
(2) Retained firemen, i.e. men who are not professional firemen, but who, under their contract of service, are liable to attend drills, and, when 'called, to render assistance at fires.
(a) Foreman. (6) Men.
N.B. The superintendent of every brigade should be a professional fireman.
(3) Casual helpers, i.e. men whose services at a fire are enlisted in an emergency by the brigade superintendent or by his authority ; but not including the owner of the property attended or any member of his family.
24. That regulations be drawn up setting forth the terms and
conditions of service in the case of professional and retained firemen.
25. That as regards professional firemen, the appointment
and promotion of officers and men be in the hands of the Area Officer.
26. That as regards retained men, the selection be in the hands
of the brigade superintendent.
27. That the dismissal of any professional or retained fireman be in the hands of the Area Officer.
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28. That, if it is -thought desirable, the men of the retained class shall be divided into two groups, the first to answer the first call, the second to answer the second ; it being understood that the second class would not be called unless those of the first class, who answer the call, are not sufficient for the needs of the brigade chief.
29. That after the extinguishment of a fire the brigade chief shall direct a sufficient number of firemen to carry out any salvage work that may be necessary ; and also to take charge of and keep watch over salvage on the premises if he considers it desirable, or if the owner of the salvage or other person interested in it requests him, to do so.
TRAINING OF FIREMEN.
30. That all recruits for the professional service shall go
through a regular course of training, and, as far as it is practicable, shall spend periods with the brigades of the Area and District Headquarters, and with smaller brigades before becoming officers.
NOTE. The effect of this would be that eventually the officers of every brigade would have a practical knowledge of all kinds of fire brigade work ; but until the course of time produces this result, it is desirable
31. That courses of instruction in fire brigade and salvage
work shall be provided at the Area and District Headquarters for the benefit of officers and men, wrhether professional or retained.
32. That circulars shall be issued periodically by the Home
Office giving useful information, particularly mentioning instances where mistakes have been made in dealing with fires.
33. That competitions in fire brigade displays, tactical exercises,.
technical examinations, and practical sports shall be encour- aged between areas, districts and brigades. This would directly tend to promote efficiency.
34. That, where a private brigade enters into an agreement with the Area Officer to render assistance in. case of fire, its members shall have the privilege of attending the courses of instruction, of receiving the circulars giving useful infor- mation and of participating in the competitions and sports above mentioned.
APPLIANCES AND WATER SUPPLY.
35. That a section of the Fire Service Department, composed1
of technical experts, acting in an honorary or advisorycapacity, to be known as the Fire Appliances Board, shall be formed for the purpose of securing improvement in fire appliances of all kinds, by means of inspections and tests followed by reports thereon.
36. That steps shall be taken to standardize fire appliances..
37. That the Fire Appliances Board shall advise on the ques-
tion of water supply and the steps necessary to be taken to ensure sufficient water pressure.
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NOTE. Much could be done to improve water supply from the point of view of fire extinction. Too often the lack of sufficient pressure is due to a neglect of the needs of the fire brigade service, and could be remedied by expert advice.
38. That regulations as to water supply and the fixing of fire plugs shall be formulated with a view to the improvement of such supply, as far as rn-y be practicable.
NOTE. It would perhaps be undesirable for this power to be exercised, except as regards future purchases of new appliances.
39. That the Fire Service Department after due public notice of
the Boards recommendations shall have power to authorize the nature, kind and pattern of the appliances to be used by the public brigade service.
40. That a list of approved appliances and standard guages shall be furnished to each fire brigade chief.
41. That such list may be varied at any time at the discretion, of the Fire Service Department. ,
BRIGADE UNIFORM.
42. That all professional firemen, both officers and men, when on duty shall wear uniforms of approved patterns.
43. That the provisions of s. 3 of the Uniforms Act, 1894, be
extended to apply to such uniforms.
INSPECTION.
44. That every fire brigade within an area shall be inspected
annually (or more frequently if thought necessary) by the Area Officer or his deputy.
45. That a report of such inspection shall be drawn up on a form to be provided for the purpose and forwarded to the Home Office.
46. That where a private brigade enters into an agreement
with the Area Officer to render assistance in case of fire the regulations as to inspection of public brigades shall apply to such brigade.
RECOGNITION OF GOOD SERVICE.
47. That exceptional bravery shall be recognized by the award of one of two medals, of which one should be looked upon as the Fireman's V.C.
48. That long service shall be rewarded with the grant of a
medal or medals, and by long service stripes.
CONTROL OF OPERATIONS AT A FIRE— FALSE ALARMS OF FIRE— CHIMNEY FIRES.
49. That, as regards each of these subjects, the terms of exist- ing legislation in their widest form shall be applied throughout the United Kingdom.
INQUESTS.
50. That the Area Officer may at his discretion alone, or, if he thinks it desirable, jointly with a police officer and /or a. member of one of the technical professions, hold an inquest
41
into the circumstances of any fire, and may delegate this power to a deputy.
51. That the Area Officer or his deputy shall for this purpose have powers as wide as those of the coroner under the City of London Fire Inquests Act, 1888.
52. That a report of the Area Officer or his deputy on any inquest held shall be forwarded to the Home Office, and, in the event of any suspicious circumstances being disclosed, a copy shall be sent to the police.
.53. That the Area Officer be empowered to prosecute in such cases as he may think fit.
EXPENSES OF THE SERVICE.
54. That the Area Officer shall be responsible for the payment of all expenses incurred in connection with the fire brigade service within his area.
55. That, in order to meet current expenses, the Area Officer shall raise the necessary sum by levying contributions from the local authorities within his area, chargeable at a rate fixed by him and approved by the Home Office on the basis of rateable values.
56. That, in order to meet capital expenses, such as the pro- vision of fire engines, etc., the Area Officer shall have power to raise loans, subject to the consent of the Treasury.
57. That the Treasury shall advance the initial cost of equip-
ping the fire brigade service with the appliances required in order to bring it up to a standard of efficiency in that direction.
.58. That in order to repay such advance, each Area Officer shall pay annually for a period of years a fixed instalment (which shall include provision for interest) according to his indebtedness.
59. That in order to raise the amount of such instalment, the Area Officer shall levy a special rate, to be termed the capital rate," on local authorities on an equitable basis. NOTE. It would not be equitable to charge a local authority which has a fully equipped brigade with any portion of the cost of supplying a fire engine to the district of another local authority which has not provided one. As a general principle, the cost of supplying deficiencies in the provision of appliances should fall on the localities where such deficien- cies exist.
(6o. That the Area Officer shall be authorized .to pay, as current expenses, for services rendered at a fire by
(fl)-a private brigade which has entered into an agreement
with him to render such service, (b) a public brigade belonging to another area, in accordance with a fixed scale to be determined.
NOTE. The scale, authorized for the metropolitan area under the Defence of the Realm Regulation No. 556 and ^et forth in Appendix No. 3, may serve as a guide.
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61. That any compensation that may be paid to a Volunteer
Brigade on the transfer of its appliances to the Area Officer shall be treated as part of the initial cost and therefore a capital expense. r
62. That where after the extinguishment of a fire any fireman is retained to watch the remaining salvage at the request of the owner of such salvage or other party interested therein, the Area Officer shall be entitled to recover from such owner or other party the cost of such services in accordance with a scale to be determined.
PAYMENT OF FIREMEN.
63. That the pay of professional and retained firemen shall be regulated according to scales to be approved by the Home Office.
64. That the scale for professional firemen shall provide for
regular pay, gratuities, rewards, bonuses and pensions.
65. That the scale for retained firemen shall provide for pay-
ment on the following lines, namely :
(1) A small sum for each drill attended.
(2) A bonus quarterly if the attendances at drill during the quarter exceed a certain number.
(3) A further bonus at the end of the year if all the drills during the year have been attended.
(4) A fixed rate per hour for attendance at a fire.
(5) Damage to clothing suffered in the execution of the duties of a fireman at a fire.
66. That a free insurance scheme shall be drawn up providing for
(1) A fixed payment, varying according to the rank of the fireman, and for his length of service, in the event of his death arising out of injuries received in attending a fire or otherwise in the performance of the duties of a fireman.
(2) Free medical treatment for such injuries as do not result in death.
(3) A weekly payment to retained men during incapacity due to such injuries.
67. That the payment for the services of casual helpers at
a fire shall be at the discretion of the brigade officer on whose authority they are engaged, and shall include an indemnity for any loss or damage sustained by a helper in consequence of and during the performance of such duties — subject to any regulations that may be issued by the Area Officer.
INFORMATION BUREAU.
68. That a section of the Fire Service Department of the
Home Office shall be formed for the purpose of collecting information and distributing it in a form useful to brigades. For this purpose it is necessary
69. That a report on every fire attended by a brigade shall
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be furnished by the senior officer of each brigade present to his district officer.
70. That the district officer after collecting all necessary infor-
mation shall forward such reports^to his Area Officer together with his comments thereon.
71. That the Area Officer after holding an inquest, if he should think it necessary to do so, shall forward the reports, with any comments he may have to make, to the Home Office.
72. That an official record of all fires attended by fire brigades
shall be kept, based on the information thus received, and printed in such form as will be of practical use and helpful in promoting the efficiency of the service.
73. That special information as regards good service rendered
and mistakes made shall be circulated periodically to Area Officers for distribution amongst the brigades.
NOTE. The purpose of this would be to give all brigades the benefit of the lessons to be learned from such mistakes, and not to pillory the brigades which make them. Conse- quently it would be undesirable to mention the names of the brigades in such cases.
74. That information shall be gathered relative to the fire brigade services of foreign countries, not only as regards organization but also in reference to appliances.
75. That such information shall be kept up-to-date by perio-
dical visits to countries where useful information is likely to be obtained, e.g. the United States, and the Continent.
76. That papers an fire brigade work and appliances by authori-
ties on such subjects shall be issued from time to time to all brigades.
77. That an official Fire Service Quarterly shall be instituted as
a medium for the distribution of information, if thought desirable.
78. That the work of collecting and distributing information
may be delegated to the, Fire Appliances Board, and that the visits to foreign countries in pursuance of paragraphs Nos. 74 and 75 shall be undertaken conjointly with or by members of the Board.
While it is possible that from a practical point of view some of the minor suggestions contained in this scheme may need a little modification, one feature is essential to its success, namely, a financial as well as a practical control by the Area Officer over his area. Any dependence on Local Authorities for executing his requirements in the provision of appliances and in other ways is more than likely to hamper him in raising the service to the necessary state of efficiency, quite apart from the fact that its cost would be more equi- tably distributed by means of a uniform rate throughout the area, than by one rate in one district and another in an- other. Moreover, the cost of the area officer's staff and his official expenses must needs fall to be shared by the whole area and not borne by the particular town in which his headquarters are situated.
44
APPENDIX No. I.
A List of A cts of Parliament to which reference is made in this book, excluding the local Acts mentioned in the next Appendix.
Lighting of Towns (Ireland) Act, '
Lighting and Watching Act,
Waterworks Clauses Act,
Towns Improvement Clauses Act,
Town Police Clauses Act,
Towns Improvement (Ireland) Act,
Poor Law Amendment Act,
Public Health Act,
Public Health (Ireland) Act,
City of London Fire Inquests Act,
Police Act,
Burgh Police (Scotland) Act,
Police Act,
London County Council (General Powers)
Act,
Local Government Act, Uniforms Act, False Alarms of Fire Act, Local Government (Ireland) Act, Parish Fire Engines Act, Railway Fires Act, Public Health Acts Amendment Act, Local Government (Scotland) Act,
1828, 9 Geo. IV. c. 82 1833, 3 & 4 Will. IV. c. 90 1847, 10 Viet. c. 17 1847, 10 & ii Viet. c. 34 1847, 10 & ii Viet. c. 89 1854, 17 & 18 Viet. c. 103 1867, 30 & 31 Viet. c. 106 1875, 38 & 39 Viet. c. 55 1878, 41 & 42 Viet. c. 52 1888, 51 & 52 Viet. c. xxxviii. 1890, 53 & 54 Viet. c. 45
1892, 55 & 56 Viet. c. 55 J893, 56 Viet. c. 10
1893, 56 & 57 Viet. c. ccxxi.
1894, 56 & 57 Viet. c. 73
1894, 57 & 58 Viet. c. 45
1895, 58 & 59 Viet. c. 28 1898, 61 & 62 Viet. c. 37 1898, 61 & 62 Viet. c. 38 1905, 5 Edw. VII. c. ii
1907, 7 Edw. VII. c. 53
1908, 8 Edw. VII. c. 62
45
APPENDIX No. II.
A list of places having local Acts, under which special powers to charge for the services of the brigade rendered within its district are granted, or which contain special provisions regard-
, ing the charges for attendance at out-of '-district fires.
A note of such powers and provisions is given in each case where they are at variance with the general legislation on the subject,
LONDON. 1865, 28 & 29 Viet. c. 90.
Persons liable : — Insurance Companies.
Extent of liability : — -A yearly contribution of ^35 for every one
million pounds insured on property within the Metropolitan Fire
Brigade area. ABERDEEN. 1862, 25 & 26 Viet. c. cciii.
Persons liable :- — The proprietor and occupier of every building
in which a fire breaks out. Extent of liability : —
(a) Within the district — the sum of ^15 or whatever less sum is equal to one-half of the expenses.
(6) Outside the district — the whole expenses attending the fire, with the addition of such sum, not exceeding 25 per cent, on the amount of such expenses, as may fixed by the Commission- ers as a reasonable contribution in respect of wean and tear of the engines, with their appurtenances, and of the ordinary ex- penses of supporting the establishment.
ASHTON-UNDER-LYNE. 1849, 12 & 13 Viet. C. XXXV.
Persons liable : — Owners of lands or buildings where fires happen.
Extent of liability : — The provisions of the Town Police Clauses Act, 1847, s. 33, as to the recovery of expenses for attendance at out-of-district fires, are applied to all fires, whether within or with- out the district. BELFAST. 1845, 8 & 9 Viet. c. cxlii.
Persons liable : — Insurance companies in respect of insured property and proprietors of uninsured property, within the district.
Extent of liability : — Extraordinary expenses (i.e. wages of the
Fire Police consequent upon the occasion, pay of further assistants
necessarily employed, wear and tear of engines and utensils, and
damage and injury) in connection with fires within the district.
DUBLIN. 1862, 25 Viet. c. xxxviii. s. 10.
Persons liable : — Owners and occupiers within the City or Borough.
Extent of liability :— -The sum of ^15 or whatever less sum is equal +o one-half of the expenses in connection with a fire within the district. DUNDEE. 1882. 45 & 46 Viet. c. clxxxv. s. 235.
Persons liable : — Owners and occupiers of premises within the Burgh.
46
Extent of liability : — a sum not exceeding £15 or whatever less sum is equal to one-half of the actual expenses of extinguishing a fire, occurring within the Burgh. EDINBURGH. 1879, 42 & 43 Viet. c. cxxxii. s. 293.
Persons liable : — Owners and occupiers of premises outside the district.
Extent of liability : — The whole expense that may be incurred in the transit and use of the fire brigade, etc., and also such further sum, not exceeding 50 per cent, upon the gross amount of such expense, as may be deemed reasonable for the tear and ware of the engines and appurtenances. GATESHEAD. 1867, 30 Viet. 'c. Ixxxiii. s. 22.
Persons liable : — The owner and occupier of any premises, ship, goods or property within the borough in which fire breaks out.
Extent of liability : — The same as in the case of Dundee. GLASGOW. 1866, 29 & 30 Viet. c. cclxxiii. ss. 166, 167.
Persons liable : — The proprietor and occupier of every land or heritage in which a fire breaks out.
Extent of liability : — The same as in the case of Aberdeen. GREENOCK. 1909, 9 Edw. VII. c. cxxix. s. 377.
Persons liable.— ) Th ag in he f Dundee
Extent of liability : — I
ISLE OF MAN. 1916. Local Government Consolidation Act, s. 278, repealing the Local Government Act of 1886.
Persons liable : — The person (if any) who may have insured the premises (in or about which the fire engine is employed) against fire, or the persons, if more than one, in proportion to the amount of their several insurances, or the owner or occupier of such premises whether the same be insured or not, in such proportions as shall be fixed by the Commissioners.
Extent of liability : — The whole expenses, including wages to firemen and other persons employed at the fire, the cost of transit of such men and the engines to the scene of the fire. LIVERPOOL. 1842, 5 & 6 Viet. c. cvi. s. 162.
in «- — * »**
MANCHESTER. 1866, 29 Viet. c. xxix. s. 20.
Persons liable ': — Owners of property in the city endangered. •*• Extent of liability : — The actual expenses incurred, and also a
reasonable charge for the expenses of the establishment and main- tenance of the fire brigade, and for the use of the engines, imple- ments and apparatus, and for the attendance of the fire police and also for the use of water for the purposes of salvage, where the fire occurs in the city.
NEWCASTLE-ON-TYNE. 1865, 28 & 29 Viet. c. ccl. s. 101, as amended by the Act of 1870. 33 & 34 Viet. c. cxx. s. 104.
Persons liable : — -The owner and occupier of any house, building or premises in which a fire breaks out or occurs.
Extent of liability : — One half of the actual expense incurred by the Corporation in extinguishing a fire within the borough, but not exceeding ^30 in the case of any one house. SALFORD. 1862, 25 & 26 Viet. c. ccv. s. 273, 274. Persons liable : —
(a) Within the Borough, Insurance companies in respect of insured property, and owners of uninsured property endangered.
(b) Without the Borough, owners of property where the fire happens. •
Extent of liability : — Extraordinary expenses incurred at fires 47
within the Borough, i.e. wages of the fire police consequent upon the occasion, payments for further assistance necessarily employed on such occasions, and a reasonable sum for the use and risk of the engines and utensils. STOCKFORT. 1847, 10 & n Viet. c. cclxxxiv. s. 23.
Persons liable : — Proprietors of property endangered within the district.
Extent of liability : — The same as in the case of Belfast. TYNEMOUTH. 1866, 29 Viet. c. li. ss. 45, 46.
The same as in the case °f
APPENDIX No. III. DEFENCE OF THE REALM REGULATION NO. 55 B,
AND THE ORDERS ISSUED THEREUNDER.
REGULATION, No. 55 B.
55B. — (i) Where a Secretary of State is satisfied as respects any area that it is expedient for the better protection of that area from fires caused by air raids or for dealing with serious outbreaks of fire at naval, military or air force establishments, docks, railway buildings, shipbuilding yards, or premises in which warlike materials, food, forage or stores or articles required for the production thereof, are manufactured, handled or stored that the fire brigades and fire appli- ances in that area or any of them should be employed under ^single control he may by order : —
(a) constitute the area a special fire brigade area and define the limits thereof ;
(b) provide that, in case of an air raid or apprehended air raid, and for the purpose of dealing with fires to which the order applied, the ftre brigades in the special area and, if so required, in any adjoining area, or any of such brigades shall co-operate in accord- ance with a scheme approved by him, and shall, for the purpose of carrying out such scheme, act under the directions of a single authority, being the Chief Officer of one of the Fire Brigades in the special area or such other person or authority as may be specified in the order ; •
(r) make such additional and supplemental provisions as appear to him to be necessary for the purpose of giving full effect to the order, including provisions for the recovery of charges for any services rendered by a fire brigade in pursuance of the order,, at or in connection with a fire outside the district ordinarily served by the fire brigade ;
and a Secretary of State may also from time to time give such direc- tions as appear to him expedient for the purpose of giving full effect to the order.
(2) All officers and members of fire brigades in the area to which the order applies shall comply with the directions of the Secretary of State, and with the directions of the authority specified in the order.
(3) The powers conferred by this regulation on a Secretary of State shall as respects any area situated in Scotland be exercised by the Secretary for Scotland.
49
The orders issued under this Regulation are the following:-
|
Year. |
No. |
Date. |
Name of Area. Counties or Districts affected. |
|
|
1917 |
|
25 Sept. |
^Metropolitan i /City of London, Metropoli- |
|
|
1918 |
— |
9 July |
tan Police District, and |
|
|
f> |
— |
6 Sept. |
,, |
j Urban Districts of Wat- |
|
1 ford, Dartford and Egham. |
||||
|
>f |
928 |
30 July |
North Eastern Counties of Northumberland |
|
|
and Durham and the nor- |
||||
|
thern portion of the North |
||||
|
Riding of Yorkshire. |
||||
|
t> |
1098- |
14 Sept. |
South Western |
Wiltshire, Gloucestershire |
|
(except three Rural Dis- |
||||
|
tricts) and portions of the |
||||
|
Counties of Somerset, |
||||
|
Berkshire, Worcester, |
||||
|
Hampshire and Mon- |
||||
|
mouth. |
||||
|
J} |
1404 |
4 Nov. |
West Midland |
Counties of Warwick, Staf- |
|
ford and Hereford, and |
||||
|
portions of the Counties |
||||
|
of Worcester, Shropshire, |
||||
|
Derby, Northampton and |
||||
|
Oxford. |
||||
|
1919 |
9 |
6 Jan. ! North Western Lancashire, Cheshire, Cum- |
||
|
berland, Westmorland. |
||||
|
Flint, and portions of the |
||||
|
Counties of Derby, Shrop- |
||||
|
shire, Denbigh and the |
||||
|
i West Riding of Yorkshire. |
Of these orders, those relating to the Metropolitan area and to the South Western area only are set forth in this Appendix, as the other •orders are in general terms practically the same as the one applying to the South-Western area.
FIRE BRIGADES (METROPOLITAN AREA) ORDERS.
(1) 25th September, 1917.
In pursuance of the powers conferred on me by Regulation 556 of the Defence of the Realm Regulations, I hereby order as follows : —
j. The City of London, the Metropolitan Police District and the Urban Districts of Watford, Dartford and Egham are hereby consti- tuted a Special Fire Brigade Area, to be called the Metropolitan Fire Brigade Area.
.2. In case of an air raid or apprehended air raid, all fire brigades in the said Metropolitan Fire Brigade Area shall co-operate in accordance with the scheme approved by me and set forth in the Schedule to this Order ; and all such fire brigades and all officers and members thereof shall for the purpose of carrying out such scheme act under the direc- tion of the Chief Officer of the London Fire Brigade, hereinafter called the " Mobilising Officer," as respects : — •
(i) the employment of firemen, fire engines and other fire appliances during the emergency and in particular their transfer to stand by or to render assistance in any area other than that which is ordin- arily protected by the Fire Brigade to which such firemen or appliances belong :
50
(2) the carrying out of any tests, drills or other preliminary or incidental measures which the Mobilising Officer may consider, after consultation with the Chief officer of the Fire Brigades, concerned, best calculated to secure the efficient working of the scheme.
3. The scheme set forth in the Schedule to this Order shall be subject to amendment as may be approved by me, and shall, if so amended, have effect as though embodied in this Order.
4. This Order may be cited as the Fire Brigades (Metropolitan Area) Order of the 25th September, and shall be in force from the date hereof until amended or revoked by subsequent Order.
Schedule.
1. On receipt of notice of an apprehended air raid every Fire Brigade irt the Metropolitan Fire Brigade Area as constituted by this Order shall summon firemen and take such other measures as may be necessary to place the Brigade in readiness for any further action it may be called upon to take under this scheme.
2. On receipt of directions from the Mobilising Officer or on the giving of. the public air raid warning by sound signal, motor pumping engines shall: be manned and despatched from Fire Stations outside the County of Londoa to Stations of the London Fire Brigade as follows :— -
Engine from Beckenham to Perry Vale Fire, Station. Croydon to West Norwood
,, to Streatham Finchley to Kentish Town Hornsey to Hornsey Rise Kingston to Wandsworth Walthamstow to Homerton Willesden to North Kensington Wimbledon to Northcote Road
and such motor pumping engines shall, during the continuance of the emergency,, be employed as the Mobilising Officer may direct.
Provided, however, that a motor escape shall first be despatched by the London Fire Brigade to each of the Fire Stations from which a motor pumping engine is to be despatched as aforesaid, and the pumping engine shall not be despatched before the arrival of the escape.
3. The following Fire Brigades, namely : —
Acton, Erith, Twickenham,
Barnet, Mitcham, Wembley,
Bromley, Penge, West Ham,
Carshalton, Surbiton, Wood Green, Chislehurst,
hall keep one motor pumping engine in readiness to move if required, and' ?hall not despatch such engine out of the area ordinarily protected by that Brigade without the concurrence of the Mobilising Officer ; and the Mobilising Officer may, if he considers it necessary to call upon any of these Fire Brigades to assist in dealing with a serious outbreak of fire caused as a result of the air raid, direct that the motor pumping engine of any such Brigade shall be manned and despatched to any part of the Metropolitan Fire Brigade Area to render assistance as required. Provided however as follows : —
(a) Nothing in this paragraph shall prevent any such motor pumping engine being employed at the discretion of the Chief Officer of the Bri- gade to which it belongs for the purpose of dealing with an outbreak of fire occurring in the area ordinarilv protected bv that Brigade while the
occurring
engine is standing by ;
(b) The Mobilising Officer shall not require any of the Fire Brigades men- tioned in this paragraph to despatch their motor pumping engine outside their area until it appears to him frcm the information furnished by the Military Authorities that there is no danger of an outbreak of fire being caused in such area as a result of the air raid.
5*
4- In the event of the motor pumping engines being despatched from any •of the Fire Stations mentioned in the preceding paragraph, Fire Brigades in' neighbouring areas shall, on receiving information thereof, stand by in readiness to render assistance, and shall, if required by the Chief Officer Of the Brigade concerned or the Mobilising Officer, render assistance in accord- ance with the following scheme : — For Acton . . . . Baling Brigade to send one engine to Acton ; a second
engine to stand by at Baling.
,, Barnet . . . . East Barnet and Hendon Brigades to stand by. „ Bromley . . . . Bromley Brigade to obtain horses for steam engine
and Beckenham Brigade to stand by.
„ Carshalton . . Wallington and Sutton Brigades to stand by. „ Chislehurst . . Sidcup Brigade and Bromley Brigade (steam engine)
to stand by. „ Erith . . . . Sidcup and Dartford Brigades to stand by for Erith
and Crayford.
Mitcham . . . . Merton Brigade to send engine to Mitcham, and Wimbledon Brigade (second engine) to stand by at Wimbledon. .- „ Penge . . . . Croydon Brigade (No. 2 Station) and Beckenham
Brigade to stand by. • „ Surbiton . . . . Maidens and Coombe and Teddington Brigades to
stand by.
„ Twickenham . . Richmond Brigade to send one engine to Twickenham, and second engine to stand by at Richmond. Barnes and Teddington Brigades to stand by (also for Richmond).
,, Wembley . . . . Harrow, Hendon and Willesden Brigades to stand by. „ West Ham . . Ilford Brigade to stand by.
,, Wood Green . . Hornsey Brigade (second engine) and Southgate and Tottenham Brigades to stand* by.
5. The Mobilising Officer may, if he thinks fit, direct that any of the above- mentioned Fire Brigades shall, in lieu of despatching a motor pumping engine as aforesaid, despatch a steam engine or other applicances, and may give such directions as to the equipment of such engines and other incidental matters as he may, after consultation with the Chief Officer of the Fire Brigade concerned, consider necessary to secure efficient co-operation.
6. If, during the continuance of the emergency, any motor pumping engine or horsed steam fire engine maintained by any Fire Brigade in the Metropolitan Fire Brigade Area is moved from the Fire Station to attend a local fire for any other purpose, the Mobilising Officer shall be immediately informed thereof by the Chief Officer of the Brigade concerned, unless the engine were so moved on the directions of the Mobilising Officer.
7. In case of great emergency which, in the opinion of the Mobilising Officer, calls for still further concentration of fire appliances, the Mobilising Officer may direct any Fire Brigade in the Metropolitan Fire Brigade Area, whether mentioned in the foregoing paragraphs or not, to man and despatch such engines or other appliances or to render such other assistance as he may consider necessary.
8. In the event of any Fire Brigade or Brigades in the Metropolitan Fire Brigade Area requiring assistance to deal with serious outbreaks of fire resulting from the air raid, the London Fire Brigade shall, so far as the available resources of the Brigade permit, render all necessary assistance to the other Brigades for the purpose of dealing with the fires.
(2) 9th July, 1918.
In pursuance of the powers conferred on me by the Regulation 556 of the Defence of the Realm Regulations, I hereby order as follows : —
1. The expressions " Metropolitan Fire Brigade Area " and " Mobilis- ing Officer " in this Order shall have the same meaning as in the Fire Brigades (Metropolitan Area) Order of the 25th September, 1917.
2. For the purpose of dealing with a fire at any Naval, Military or 'Air Force establishment, munition factory or other premises in respect
52
of which a scheme approved by me under the aforesaid Regulation is in force, all or any of the fire brigades in the Metropolitan Fire Brigade Area shall, if called upon by the Mobilising officer, co-operate in accordance with the said scheme and act under the directions of the Mobilising Officer.
3. This Order may be cited as the Fire Brigades (Metropolitan Area) Order of gth July, 1918, and shall be in force from the date hereof until revoked or amended by subsequent Order.
*****
(3) 6th September, 1918.
In pursuance of the powers conferred on me by Regulation 556 of the Defence of the Realm Regulations, I hereby order as follows : —
(1) In the case of any fire engine or other fire appliances, or any firemen attending or standing by or turning out for the purpose or attending or standing by, in pursuance of either of the above-mentioned Orders or any scheme or directions of the Mobilising Officer under either of such Orders, in connection with a fire outside the area or premises ordinarily protected by the Brigade to which such engine, appliances or firemen belong, the Authority, Company, or other persons maintaining the Brigade shall be and are hereby entitled to make such charges for the services of such engine, appliances or firemen as may be specified in any scale of charges approved by me and in force for the time being. The owner and occupier of the property where the fire occurred shall be jointly and severally liable to pay such charges, which, in default of payment, may be recovered as if they were charges incurred in the execution of Section 30 of the Metropolitan Fire Brigade Act, 1865, if the Fire Brigade concerned was the London Fire Brigade, or Section 33 of the Town Police Clauses Act, 1847, in the case of any other Brigade.
(2) Each of the above-mentioned Orders of 25th September, 1917, and 9th July, 1918, shall have effect as from the date hereof as though paragraph i of this Order were embodied in each of such Orders.
(3) This Order may be cited as the Fire Brigades (Metropolitan Area) Order of 6th September, 1918.
*****
Scale of Charges approved under the Order.
The following scale of Fire Brigade Charges has been approved by the Secretary of State under the above Order for the services of firemen, fire engines, and other appliances employed in pursuance of the Fire Brigades (Metropolitan Area) Order of 25th September, 1917, or the Fire Brigades (Metropolitan Area) Order of gth July, 1918, or any Scheme or directions of the Mobilising Officer under either of such Orders, in connection with a fire outside the area ordinarily protected by the Brigade to which such firemen or appliances belong.
53
|
! |
||||
|
For appli- |
Additional |
|||
|
For run |
ances or |
for engine |
||
|
For |
out and |
men at fire |
while |
|
|
turning |
back |
1 or standing |
pumping |
|
|
cut. |
(per |
by (per |
(per hour |
|
|
mile). |
hour or part |
or part |
||
|
thereof). |
thereof). |
|||
|
(I) |
[£) |
t*\ |
(4) |
(5) |
|
£ s. d. |
s. d. |
'£ •*• d. |
£ s. d. |
|
|
Motor Pump — |
||||
|
500 gals, per min. or over |
3 3 o |
10 0 |
I I 0 |
3 3 o |
|
Under 500 gals, per min. . . |
220 |
7 6 |
I I O |
220 |
Fire Float —
1,500 gals, per min. or over 5 o o ' TO o Under 1,500 gals, per min. 300176
3 3
|
Motor-kauled or steam or petrol driven Steamer — |
. |
|||
|
500 gals, per min. or over Under 500 gals, per min. . . |
3 3 o 220 |
7611 5011 |
o 0 |
220 I I 0 |
|
Steamer on Railway Truck . . |
110 o 5 o 015 |
o |
0 10 0 |
|
|
Horsed Steamer |
I 10 O |
3 6 o 15 |
0 |
O 10 0 |
|
Motor Escape |
I 10 0 |
50 I I |
0 |
— |
|
Motor Tender. . |
I 10 0 |
5011 |
o |
• — |
|
Motor Cay not included above |
I I 0 |
36 o 10 |
6 |
— |
|
Officer taking charge at the fire outside the area ordi- |
||||
|
narily protected by his brigade Officer in charge of fire engine or appliance and not taking charge at fire |
I I 0 0 10 0 |
I I O IO |
o o |
— |
|
Firemen (each) . . |
050 |
o 5 |
o |
— |
The charges set out in the above scale shall cover wear and tear, fuel, cleaning and all other normal expenses incidental to the use of the appliances.
Col. 2.- — The brigade shall be entitled to the turning-out charge if the engine or other appliance turns out from the home station on the directions of the Mobilising Officer in connection with a fire outside the area ordinarily protected by the brigade, whether for the purpose of attending at the fire or standing by elsewhere. If the directions should be cancelled before the engine or other appliance is ready to turn out, the brigade shall not be entitled to this charge, but may, in lieu thereof, charge the amount specified in the fourth column for standing by for a period of one hour or less.
Col. 3. — The brigade shall be entitled to the mileage charge on the total distance run to and from the fire or other place to which the appliance is ordered. The charge shall be additional to the charge for turning out, and, in the case of a steamer, shall include hire of motor vehicle or horses for drawing the engine.
Col. 4.— This charge shall be payable for each hour or part of an hour in the aggregate period for which the appliance and /or men, as the case may be, are in attendance at the fire, or standing by, but not including time en route. If the appliance is ordered to stand by at the home station the charge shall be reckoned from the time the appliance is ready with crew to turn out, and, in the case of a steam fire engine, with steam raised, if so ordered.
Col. 5. — This charge shall be additional to the charge specified in column 4 and shall be payable for each hour or part of an hour in the aggregate period for which the engine^is actually engaged i:i pumping.
54
FIRE BRIGADES (SOI TH WESTERX AREA) ORDER
(f the 14th September. 1918.
In pursuance of the powers conferred on me by Regulation 558 of the Defence of the Realm Regulations, I hereby order as follows : —
1 . (a) The County of Wiltshire, the County of Gloucester (excepting the Rural Districts of Pebworth, Campden and Marston Sicca) and the portions of the Counties of Somerset, Berkshire, Worcester, Hamp- shire and Monmouth specified in the First Schedule to this Order are hereby constituted a Special Fire Brigade Area, to be called the South Western Fire Brigade Area.
(b) The areas set out in the First Schedule to this Order shall be Districts of the said Special Fire Brigade Area.
2. (a) For the purpose of dealing with fires to which this Order applies, all fire brigades mentioned in the Second Schedule to this Order shall, if called upon as hereinafter provided, co-operate in accord- ance with the Area Scheme approved by me and set out in the said Schedule, and all such fire brigades and all officers and members thereof shall, for the purpose of carrying out such scheme, act under the directions of the officer hereinafter constituted the " Mobilising Officer " for the said Area.
(b) For the purpose of dealing with fires to which this Order applies, all fire brigades in the district in which the fire occurs shall, if called upon as hereinafter provided, co-operate in accordance with a District Scheme to be approved by me, and all officers and members of such fire brigades shall, for the purpose of carrying out such scheme and subject to any directions of the Mobilising Officer for the Area, act under the directions of the officer hereinafter constituted the " District Officer " for the District.
3. The Mobilising Officer for the Area and the District Officers shall be the officers respectively designated as such in the First Schedule to this Order.
4. (a.) The District Officer, if he is notified of any fire to which this Order applies within his district and is of opinion that the resources of the local fire brigade or brigades are insufficient to deal effectively with the fire, may direct all or any of the fire brigades specified in the District Scheme to render assistance in dealing with the fire or to stand by, as the case may be, and he shall forthwith notify the Mobilising Officer of any such directions which he may give.
(b) For the purpose of dealing with any outbreak of fire to which this Order applies, the Mobilising Officer, if he is of opinion that the resources of the fire brigades available within the district in which the fire has occurred are insufficient to deal effectively with the fire, may direct all or any of the fire brigades specified in the Area Scheme set out in the Second Schedule to this Order, to render assistance in dealing with the fire or to stand by, as the case may be.
5. Notwithstanding the provisions of Section 89 of the Public Health Amendment Act, 1907, the operations for putting out any fire to which this Order applies shall be under the charge and control of (a) the District Officer when he is present at the fire and the Mobilising Officer is not present, and (b) the Mobilising Officer when he is present ; pro- vided that, if either of such officers takes charge at a fire outside the area ordinarily served by his brigade he shall act in consultation with the Chief Officer of the local brigade if he also is present at the fire.
6. The officer in charge for the time being at any fire shall be respon- sible for notifying the District Officer or Mobilising Officer, as the case may be, as to whether assistance is required under this Order to deal
-effectively with the fire.
55
7. All fire brigades in the South Western Fire Brigade Area which are included in the Area Scheme or any District Scheme under this- Order shall carry out such tests, drills or other preliminary or incidental measures as may be prescribed or approved by the Mobilising Officer, and shall provide such adaptors or other fittings as may be necessary to. enable the brigades concerned to work together at a fire.
8. In the event of any motor pumping or steam fire engine belonging to any brigade included in the Second Schedule to this Order being, laid up for more than one day, the Mobilising Officer shall be forthwith notified thereof by the Chief Officer of the Brigade.
9. In the case of any fire engine or other fire appliances, or any fire- men, attending or standing by or turning out for the purpose of attend- ing or standing by, in pursuance of this Order or any District Scheme under this Order, in connection with a fire outside the area or premises ordinarily protected by the brigade to which such engine, applicances- or firemen belong, the Authority, Company or other persons maintain- ing the brigade shall be and are hereby entitled to make such charge for the services of such engine, appliances or firemen as may be specified in any scale of charges approved by me and in force at the time being. The owner and occupier of the property where the fire occurred shall be jointly and severally liable to pay such charges, which, in default of payment, may be recovered as if they were charges incurred in the execution of Section 33 of the Town Police Clauses Act, 1847.
10. This Order shall apply to : —
(a) fires within the area ordinarily served by any of the brigades- mentioned in the Second Schedule to this Order (including fires in the Borough of Swindon) ;
(b) fires at any naval, military or air force establishment, dock, railway building, shipbuilding yard, colliery property or any- other premises where warlike materials, food, forage or stores, or articles required for the production thereof, are manufactured, handled or stored within the South Western Fire Brigade Area ;
(c) fires in other premises to which the Order is hereafter extended by me or to which it is extended by arrangement with the authority or person responsible for the premises.
n. The Area Scheme set forth in the Second Schedule to this Order shall be subject to amendment as may be approved by me, and shall, if so amended, have effect as though embodied in the Order.
12. For the purposes of this Order the expression " fire brigade " includes any fire brigade, whether public or private and whatever the- area or premises ordinarily served by the brigade, and the expression " member of a fire brigade "includes any person who for the time being serves in any capacity with the brigade for the purpose of dealing with fires in the area ordinarily served by the brigade.
13. Nothing in this Order shall be deemed to prejudice the sending of firemen or appliances to render assistance at any fire, whether in pursuance of an agreement with another fire brigade or otherwise.
14. This Order may be cited as the Fire Brigades (South Western Area) Order of the i4th September, 1918, and shall be in force frorru the date hereof until amended or revoked by subsequent Order.
FIRST SCHEDULE.
DISTRICTS IN THE SOUTH WESTERN FIRE BRIGADE AREA, WITH THE OFFICERS- CONSTITUTED THE MOBILISING OFYJCER FOR THE AREA AND THE DISTRICT OFFICERS RESPECTIVELY.
Mobilising Officer for the Area: The Chief Constable and Director of the Bristol Fire Brigade.
No. 1 (or Bristol) DISTRICT. District Officer: The Superintendent of the B.istol Fire Brigade.
Area comprised in District:
Gloucestershire: (County Borough) Bristol ; (Urban District) Kingswood;
(Rural Districts) Thornbury, Chipping Sodbury, Warmley. Somerset : (Boroughs) Wells, Glastonbury ; (Urban Districts) Portishead,
Clevedon, Weston-super-Mare, Burnham-on-Sea, Street, Highbridge ;.
(Rural Districts) Keynsham, Long Ashton, Glutton, Axbridge, Wells.
No. 2 (or Bath) DISTRICT. District Officer: The Chief Officer of the Bath Fire Brigade.
Area comprised in District:
Somerset : (County Borough) Bath ; (Urban Districts) Radstock, Midsomer Norton, Frome, Shepton Mollet ; (Rural Districts) Bath, Frome, Shepton Mallet, Wincanton.
Wiltshire : (Borough) Chippenham, Calne : (Urban Districts) Melksham, Brad ford-on- A von, Trowbridge, Westbury, Warminster ; (Rural. Districts) Chippenham, Calne, Bradford-on-Avon, Melksham, Westbury and Whorwellsdown, Warminster, Mere.
No. 3 (or Swindon) DISTRICT. District Officer: The Chief Officer of the Swindon Fire Brigade.
Area comprised in District:
Wiltshire : (Boroughs) Swindon, Marlborough ; (Rural Districts) Crick- lade and Wootton Bassett, Highworth, Marlborough. Berkshire: (Rural District) Faringdon.
No. 4 (or Cirencester) DISTRICT.
District Officer : The chief Officer of the Cirencester Fire Brigade.
Area comprised in District:
Gloucestershire : (Urban Districts) Cirencester, Tetbury, Stow-on-the-
Wold; (Rural Districts) Cirencester, Stow-on- the- Wold, Northleach,
Faringdon, and the portion of the Tetbury Rural District east of
Beverstone. Wiltshire: (Borough) Malmesbury ; (Rural District) Malmesbury^.
Tetbury. Worcestershire: (Rural District) Stow-on the-W7old.
57
No. 5 (or Gloucester) DISTRICT.
District Officer : The Chief Officer of f he Gloucester Fire Brigade.
A*ea comprised in District :
Gloucestershire: (County Borough) Gloucester; (Borough?) Tewkesbury, Cheltenham ; (Urban Districts) Charlton Kings, Westbury-on-Severn, Newnham, Awre, Coleford ; (Rural Districts) Winchcomb, Tewkesbury, Newent, Gloucester, Cheltenham, East Dean, and United Parishes, West Dean, Lydney, and the portion of the Wheatenhurst Rural District not included in District No. 6.
Worcestershire : (Rural Districts) Tewkesbury, Winchcomb, Newent.
Monmouthshire: (Urban District) Chepstow/
No. 6 (or Stroud) DISTRICT.
District Officer : The Chief Officer of the Stroud Volunteer Fire Brigade.
Area comprised in District :
Gloucestershire: (Urban Districts) Stroud, Nailsworth ; (Rural Districts) Stroud, Dursley, the Parishes of Standish, F.astingdon, Frocester, and Frampton-on-Seveni in the Wheatenhurst Rural District, and the portion of the Tetbury Rural District west of Beverstcne.
No. 7 (or Salisbury) DISTRICT.
•District Officer : The Chief Officer of the Salisbury Fire Brigade.
A rea comprised in District :
Wiltshire : (Boroughs) Salisbury, Devizes, Wilton ; (Rural Districts)
Devizes, Pewsey. Amesbury, Wiltcn, Salisbury, Timshury. Hampshire: (Rural District) Fordingbridge.
No. 8 (or Newbury) DISTRICT.
District Officer : The Captain of the Newbury Fire Brigade.
Area comprised in District:
Berkshire: (Borough) Newbury; (Urban District) Wantage; (Rural
Districts) Hungerford, Newbury, Wantage. Wiltshire: (Rural District) Ramsbury.
No. 9 (or Taunton) DISTRICT.
District Officer : The Captain of the Taunton Fire Brigade.
A rea comprised in District :
Somerset: (Boroughs) Taunton, Bridgwater, Yeovil, Chard; (Urban Districts) Crewkerne, Ilminster ; (Rural Districts) Bridgwater, Lang- port, Yeovil, Chard, Taunton.
SECOND SCHEDULE.
AREA SCHEME.
1. In the event of the Mobilising Officer deeming it necessary to put this Area Scheme into operation as respects any fire to which this Order applies, he may direct fire brigades outside the District in which the fire has occurred •to render assistance in accordance with this scheme.
2. The fire brigades outside any District which are to render assistance, if so directed, at or in connection with a fire in such District, shall be the brigades mentioned in the First, Second and Third Moves set out in the
subjoined Table, being the public brigades at the places mentioned, excepting- as follows : —
" G.W.R." means the fire brigade maintained by the Great Western Railway
Company. " Longford Castle " means the fire brigade maintained by the Earl of Radnor
at Longford Castle, near Salisbury. " Stroud " and " Newbury " mean the Stroud and Newbury Volunteer
Fire Brigades respectively. " Sharpness Float " means the floating fire engine maintained by the
Sharpness New Docks and Birmingham Navigation Company at Sharpness.
3. The Mobilising Officer may, at his discretion, direct all or any of the specified fire brigades to render assistance in dealing with the fire or to stand by at such place as he may appoint in readiness to proceed to the fire, provided that the engines of the brigades in the First Move shall, so far as they are available, be ordered on before those in the Second Move, and those in the Second Move before those in the Third Move.
4. A fire brigade, on being directed to render assistance in dealing with a fire or to stand by, shall forthwith man and despatch or keep in readiness to despatch, as the Mobilising Officer may direct, one motor pumping engine, if such engine is not laid up or already in attendance at a fire, subject, however, as follows : —
(a) Where (2) is written after the name of the fire brigade in the subjoined table, two motor pumping engines shall be manned and despatched, or kept in readiness for despatch, as the case may be.
(b) Where the engine to be despatched is specified as a floating fire engine.
(c) As respects the Stroud Fire Brigade this Schedule shall apply as from the date when the motor pumping engine which is to be provided is available for service. ,
Provided also that the Mobilising Officer may if he thinks fit, direct any such brigade, in lieu of despatching a motor pumping engine, to man and despatch a motor escape or tender, or to despatch firemen, up to the strength, of the engine crew, by such other means as may be available.
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|
Dibtiict, |
ist Move to District. |
2nd Move to District. |
3rd Move to District. |
|
No. i (or Bristol) District. |
Bath. Gloucester (for Bris- tol and Northern portion). Stroud. |
Cirencester. G.W.R. (Swindon). |
Salisbury. Longford Castle. |
|
.No. 2 (or Bath) District. *No. 3 (or Swindon) District. |
Bristol (2). Cirencester. Newbury. Stroud. |
G.W.R. (Swindon). Longford Castle. Cirencester (for Northern portion). Bath. Bristol. |
Gloucester. Salisbury. Stroud. Bristol. Gloucester. Salisbury. |
|
No. 4 (or C i r e n- cester) District. |
Gloucester. Stroud. |
Bristol (2). G.W.R. (Swindon). |
Bath. Newbury. |
|
No. 5 (or Glouces- ter) Dis- trict. |
Cirencester. Bristol. Stroud. Bristol Float. Sharpness Float. |
Bristol. G.W.R. (Swindon). |
Bath. Newbury. |
|
No. 6 (or Stroud) District. |
Gloucester. Cirencester. |
G.W.R. (Swindon). Bristol. |
Bristol. Bath. |
|
*No. 7 (or Salis- bury) District. |
G.W.R. (Swindon). Newbury. |
Bath. Bristol. , |
Bristol. Cirencester. |
|
*No. 8 (or N e w- b u r y) District. |
G.W.R. (Swindon). |
Cirencester. Bath. Longford Castle. |
Bristol. Gloucester. Stroud. |
|
No. 9 (or T a u n- ton)Dis- trict. |
Bristol (2). |
Bath. ' Salisbury. |
. |
* Th? motor pumping engines maintained by the Military Authorities at Bulford and >dfovd Camps will, when available, co-operate in the moves for these districts as follows :—
No. 3 District : Bulford pump in the 2nd Move. No. 7 District : Codford pump in the ist Move. No. 8 District : Bulford pump in the ist Move.
Printed in Great Britain by Butler & Tanner, Frame and London. 60
YC 01627
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