Fire Services Act 1984

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AT 19 of 1984

FIRE SERVICES ACT 1984

Fire Services Act 1984 Index


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c i e
FIRE SERVICES ACT 1984

Index Section Page

Provision of fire services 5

1 Provision of fire services ................................................................................................ 5
2 Supplementary powers of the Department................................................................. 6
3 Powers of entry ............................................................................................................... 7
4 Charges for fire services ................................................................................................. 7
5 Powers of firemen and police in extinguishing fires ................................................. 8
5A Evacuation in emergencies ............................................................................................ 8
6 Provision of water for fire-fighting purposes ............................................................. 9
7 False alarms ..................................................................................................................... 9
8 Inquiries ......................................................................................................................... 10
Miscellaneous and supplemental 10

9 Occupier not liable for results of any accidental fire ............................................... 10
10 Interpretation ................................................................................................................. 10
11 Transitional provisions and amendments ................................................................. 11
12 Short title and commencement ................................................................................... 11
SCHEDULE 1 13

PROVISION OF WATER FOR FIRE-FIGHTING PURPOSES 13
SCHEDULE 2 15

AMENDMENTS OF ENACTMENTS 15
SCHEDULE 3 15

ENDNOTES 17

TABLE OF LEGISLATION HISTORY 17
TABLE OF RENUMBERED PROVISIONS 17
TABLE OF ENDNOTE REFERENCES 17

Fire Services Act 1984 Section 1


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c i e
FIRE SERVICES ACT 1984

Received Royal Assent: 14 August 1984
Passed: 16 October 1984
Commenced: 16 October 1984 and 1 June 1985
AN ACT
to consolidate with minor amendments the enactments relating to fire
services; to amend the Fire Precautions Act 1975; and for connected purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
Provision of fire services
1 Provision of fire services

[P1947/41/17(1)]
(1) It shall be the duty of the Department of Home Affairs (in this Act called
“the Department
”) to make provision for fire-fighting purposes, and, in
particular, to secure —
(a) the services of such a fire brigade and such equipment as may be
necessary to meet efficiently all normal requirements;
(b) the efficient training of the members of the fire brigade;
(c) efficient arrangements for dealing with calls for the assistance of
the fire brigade in case of fire or other emergencies and for
summoning members of the fire brigade;
(d) efficient arrangements for obtaining, by inspection or otherwise,
information required for fire-fighting purposes with respect to the
character of buildings and other property, the available water
supplies and the means of access thereto, and other material local
circumstances;
(e) efficient arrangements for ensuring that reasonable steps are
taken to prevent or mitigate damage to property resulting from
measures taken in dealing with fires; and
Section 2 Fire Services Act 1984


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(f) efficient arrangements for the giving, when requested, of advice
in respect of buildings and other property as to fire prevention,
restricting the spread of fires, and means of escape in case of fire.1

(2) The chief officer of the fire brigade shall be called the Chief Fire Officer.
(3) The Chief Fire Officer shall provide the Department of Infrastructure and
every other Department with such assistance as that Department may
consider necessary in order to perform its functions relating to fire
prevention under any enactment.2

(4) The Department shall determine the establishment of members of the fire
brigade of different descriptions and ranks, and (subject to the
concurrence of the Treasury) the pay, allowances and conditions of
service of such ranks.3

(5) The Department may make regulations as to the maintenance of
discipline of members of the fire brigade and as to appeals against
dismissal or disciplinary action (including dismissal on disciplinary
grounds).4

(6) Regulations under subsection (5) shall not have effect unless they are
approved by Tynwald.
2 Supplementary powers of the Department

[1974/22/1; 1981/18/Sch 5]
(1) The Department shall have power —
(a) to provide accommodation for the fire brigade and its equipment,
including housing and other accommodation for members of the
brigade, and furniture reasonably required for such
accommodation;
(b) to pay to persons, not being members of the fire brigade, who
render services for fire-fighting purposes, such rewards as the
Department think fit;5

(c) subject to subsection (2), to provide and maintain fire alarms in
such positions in any street or public place as they think proper,
and to affix any such fire alarm to any wall or fence adjoining a
street or public place;
(d) to employ the fire brigade or use any equipment so maintained
for purposes other than fire-fighting purposes for which it
appears to the Department to be suitable, and, if they think fit, to
make such charge as they may determine for any services
rendered in the course of such employment or use;6

(e) to purchase, sell, hire, service and maintain appliances and other
apparatus used for fire-fighting purposes and make such charges
as they think reasonable for such hiring, servicing and
maintenance.7

Fire Services Act 1984 Section 3


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(2) The powers conferred by subsection (1)(c) shall not be exercised —
(a) except after consultation with the Chief Constable, and with the
local authority for the district in which the street or place in
question is situated; or
(b) in relation to a street which is a highway maintainable at the
public expense, without the consent of the Department of
Infrastructure.8

(3) The Department may establish and maintain training centres for
providing courses of instruction in matters relating to fire services.9

3 Powers of entry

[1974/22/2; 1981/18/Sch 5]
(1) If it is shown to the satisfaction of a justice of the peace that admission to
any premises is reasonably required by the Department for the purpose
of obtaining information for fire-fighting purposes under section 1(1)(d),
the justice may, by warrant under his hand, authorise the Department by
an authorised officer to enter the premises, by force if need be.10

(2) Any person who intentionally obstructs an authorised officer of the
Department acting by virtue of a warrant issued under this section shall
be guilty of an offence and liable on summary conviction to a fine not
exceeding £1,000.11

(3) An authorised officer entering any premises by virtue of a warrant
issued under this section may take with him such other persons as may
be necessary, and on leaving any unoccupied premises which he has
entered by virtue of such a warrant, shall leave them as effectually
secured against trespassers as he found them.
(4) Every warrant granted under this section shall continue in force until the
purpose for which the entry is necessary has been satisfied.
(5) If any person who, in compliance with a warrant issued under this
section, is admitted into a factory, workshop or workplace, discloses to
any person any information obtained by him in the factory, workshop or
workplace, with regard to any manufacturing process or trade secret, he
shall, unless such disclosure was made in the performance of his duty, be
guilty of an offence and liable, on conviction on information, to
imprisonment for a term not exceeding 2 years or to a fine or both or, on
summary conviction, to a fine not exceeding £5,000.
4 Charges for fire services

Subject to paragraphs 2(4) and 4(2) of Schedule 1, the Department shall not be
entitled to make any charge for services rendered in extinguishing fires or any
other services rendered in connection with fire-fighting purposes.12

Section 5 Fire Services Act 1984


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5 Powers of firemen and police in extinguishing fires

[1981/18/Sch 5]
(1) Any member of the fire brigade who is on duty, or any constable, may
enter and if necessary break into any premises or place in which fire has
or is reasonably believed to have broken out, or any premises or place
which it is necessary to enter for the purpose of extinguishing a fire or of
protecting the premises or place from acts done for fire-fighting
purposes, without the consent of the owner or occupier thereof, and may
do all such things as he may deem necessary for extinguishing the fire or
for protecting from fire, or from acts done as aforesaid, any such
premises or place, or for rescuing any person or property therein.
(2) Any person who intentionally obstructs or interferes with any member of
the fire brigade who is engaged in operations for fire-fighting purposes
shall be guilty of an offence and liable on summary conviction to a fine
not exceeding £5,000.
(3) At any fire, the senior fire brigade officer present shall have the sole
charge and control of all operations for the extinction of the fire,
including —
(a) the fixing of the positions of fire engines and apparatus,
(b) the attaching of hose to any water pipes or the use of any water
supply, and
(c) the selection of the parts of the premises, object or place where the
fire is, or of adjoining premises, objects or places, against which
water or other fire-fighting apparatus is to be directed.
(4) The water authority shall, on being required by any such senior officer as
is mentioned in subsection (3) to provide a greater supply and pressure
of water for extinguishing a fire, take all necessary steps to enable them
to comply with such requirement and may, for that purpose, shut off the
water from the mains and pipes in any area; and no authority or person
shall be liable to any penalty or claim by reason of the interruption of the
supply of water occasioned only by the compliance of the water
authority with such a requirement.
(5) The senior officer of police present at any fire, or in the absence of any
officer of police, the senior fire brigade officer present, may close to
traffic any street, or may stop or regulate the traffic in any street,
whenever in the opinion of that officer it is necessary or desirable to do
so for fire-fighting purposes.
5A Evacuation in emergencies

(1) Any member of the fire brigade of the rank of leading fireman or above,
or any constable, if he reasonably believes that there is in any premises or
place imminent danger of serious personal injury arising from —
Fire Services Act 1984 Section 6


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(a) any explosion,
(b) the escape of any explosive, flammable or toxic substance, or
(c) flooding, or
(d) the collapse of any building or structure,
may remove any person from, and prevent any person entering or
returning to, the premises or place, until the danger is past.
(2) In a case mentioned in paragraph (a) or (b) of subsection (1), any such
member of the fire brigade or constable may do all such things as he may
deem necessary for —
(a) preventing or controlling the explosion, or the escape of the
substance in question, as the case may be, or
(b) mitigating the effects of the explosion, or
(c) preventing, or mitigating the effects of, the combustion of the
substance or any other reaction between it and any other
substance, or
(d) otherwise preventing, controlling, reducing or mitigating the
effects of the substance.
(3) In exercising any powers conferred by subsection (1) or (2) a member of
the fire brigade or constable, and any person acting under his direction,
may use such force as is reasonably necessary for the purpose, and may
enter any premises or place without the consent of the owner or occupier
thereof.
(4) Any person who intentionally obstructs or interferes with a member of
the fire brigade or constable exercising any powers conferred by
subsection (1) or (2) or a person acting under his direction shall be guilty
of an offence and liable on summary conviction to a fine not exceeding
£5,000.
(5) In this section “explosive, flammable or toxic substance” includes a
substance which is likely to react with any other substance to produce
such a substance, or when otherwise combined with any other
substances is explosive, flammable or toxic.13

6 Provision of water for fire-fighting purposes

[1981/18/Sch 5]
Schedule 1 shall have effect with respect to the provision of water for fire-
fighting purposes.
7 False alarms

(1) Any person who knowingly gives, or causes to be given, a false alarm of
fire to the fire brigade or to any member of the brigade shall be guilty of
Section 8 Fire Services Act 1984


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an offence and liable on summary conviction to imprisonment for a term
not exceeding 6 months or to a fine not exceeding £5,000, or both.
(2) References in Schedule 6 (compensation orders) to the Criminal Law Act
1981 to loss or damage resulting from an offence include, in relation to an
offence under subsection (1), any expenses incurred by the Department
in respect of the attendance of the fire brigade at any place in response to
the false alarm.14

8 Inquiries

[1981/18/Sch 5]
(1) The Department may hold an inquiry, either in public or in private, into
the circumstances of, or the steps taken to deal with, any particular
outbreak of fire.
(2) [Repealed]15

Miscellaneous and supplemental
9 Occupier not liable for results of any accidental fire

[1981/18/Sch 5]
(1) No action, suit or civil proceedings shall be instituted or maintained
against any occupier or owner of land on which any fire accidentally
begins nor shall any recompense be made by any such person for any
damage suffered thereby.
(2) Subsection (1) shall not affect any contract or agreement made on the
subject between landlord and tenant.
10 Interpretation

In this Act —
“the Board
” [Repealed]16

“the Department
” means the Department of Home Affairs;17

“equipment
” includes fire engines and other vehicles and appliances and other
apparatus, and also uniforms and badges of rank;
“fire brigade
” means the fire brigade maintained pursuant to section 1(1)(a);
“fire-fighting purposes
” means the purposes of the extinction of fires and the
protection of life and property in case of fire;
“the Highway Board
” [Repealed]18

“the Local Government Board
” [Repealed]19

Fire Services Act 1984 Section 11


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“street
” includes any highway, including a highway over a bridge, and any
road, lane, footway, square, court, alley or passage, whether a
thoroughfare or not;
“the water authority
” means the Manx Utilities Authority.20

11 Transitional provisions and amendments

(1) The Treasury may sell the securities in which the sum of £32,500 referred
to in section 20 of the Local Government (Fire Services) Act 1950 is for the
time being invested, and the proceeds of sale and the income thereof
until sale shall be paid into the general revenue of the Island.21

(2) The enactments specified in Schedule 2 are amended to the extent
specified in that Schedule.
(3) [Repealed]22

12 Short title and commencement

(1) This Act may be cited as the Fire Services Act 1984.
(2) Section 11(2) and Schedule 2, so far as they relate to the Fire Precautions
Act 1975, shall come into operation on such day as the Board may by
order appoint.23

Fire Services Act 1984 Schedule 1



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SCHEDULE 1

PROVISION OF WATER FOR FIRE-FIGHTING PURPOSES

Section 6
General
1. The Department shall take all reasonable measures for ensuring the provision of
an adequate supply of water, and for securing that it will be available for use, in case of
fire.24

Agreements with water authority
2. (1) For the purposes of paragraph 1, the Department may enter into an
agreement with the water authority for the taking by the water authority, on such
terms as to payment or otherwise as may be specified in the agreement, of such
measures as may be so specified for securing that an adequate supply of water will be
available in case of fire; and the water authority shall not unreasonably refuse to enter
into any agreement proposed by the Department under this paragraph.25

(2) Any question whether the water authority have unreasonably refused to
enter into an agreement under sub-paragraph (1) shall be determined by arbitration in
accordance with the Water Act 1991.26

(3) Without prejudice to the generality of sub-paragraph (1), the
Department, if it is satisfied that the existing supply of water provided, or any supply
of water proposed to be provided, by the water authority for domestic and industrial
purposes is likely to be inadequate in case of fire, may enter into an agreement with the
water authority under sub-paragraph (1) for the provision of such additional supply of
water as may be specified in the agreement.27

(4) Where —
(a) an agreement is entered into by virtue of sub-paragraph (3) for the
provision of a supply of water additional to a supply proposed to
be provided by the water authority, and
(b) the proposed supply is to be given at the request of any person to
any land which is owned, occupied, managed or controlled by
that person,
the reasonable expenses incurred by the Department or the water authority in
providing the additional supply may be recovered by the Department or the authority,
as the case may be, from that person.28

Schedule 1
Fire Services Act 1984


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Provision of fire-hydrants
3. (1) The water authority shall, at the request of the Department, fix fire-
hydrants on their mains (other than trunk mains) of a type specified by the
Department, at such places as may be most convenient for affording a supply of water
for extinguishing any fire which may break out, and shall keep in good order and from
time to time renew every such hydrant.29

(2) Any difference as to the number and proper position of such hydrants
shall be determined by the Council of Ministers.30

(3) As soon as any such hydrant is completed, the water authority shall, if
required by the Department, deposit a key thereof at such places as may be appointed
by the Department.31

(4) The water authority shall cause the position of every hydrant provided
by the authority to be plainly indicated by a notice or distinguishing mark, which may
be placed on any wall or fence adjoining a street or public place.
Expense of fire-hydrants
4. (1) Subject to sub-paragraphs (2) and (3), the reasonable expenses of —
(a) providing and fixing any hydrant under paragraph 3(1);
(b) maintaining and renewing any such hydrant;
(c) providing keys as required by paragraph 3(3); and
(d) indicating the position of any such hydrant;
shall be defrayed by the Department.32

(2) Where the main on which a hydrant is fixed under paragraph 3(1) is laid
by the water authority at the request of a person for the purpose of giving a supply of
water to any land which is owned, occupied, managed or controlled by that person, the
expenses incurred by the Department under sub-paragraph (1)(a), (c) and (d) may be
recovered by the Department from that person.33

(3) Where any such hydrant is damaged as the result of any use made of it
with the permission of the water authority, not being a use for fire-fighting purposes or
for any other purposes of the fire brigade, the Department shall not be liable for the
expenses of repairing or renewing the hydrant incurred as the result of the damage.34

Misuse of fire-hydrants
5. Any person who without reasonable excuse —
(a) uses a fire-hydrant, otherwise than for fire-fighting purposes or
for any other purposes of the fire brigade or for any purpose
authorised by the water authority or other person to whom the
hydrant belongs, or
Fire Services Act 1984 Schedule 2



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(b) damages or obstructs any fire-hydrant, otherwise than in
consequence of its use for any such purpose,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding
£2,500.
Further powers to obtain water
6. (1) The Department may, for the purposes of paragraph 1, by agreement —
(a) secure the use, in case of fire, of water under the control of any
person other than the water authority;
(b) improve the access to any such water;
(c) lay and maintain pipes and carry out other works in connection
with the use of such water in case of fire.35

(2) Subject to any agreement under sub-paragraph (1), the Department may
use for fire-fighting purposes any convenient and suitable supply of water, but shall be
liable to pay reasonable compensation therefor.36

Notice of works affecting water supply
7. (1) Where a person proposes to carry out any works for the purpose of
supplying water, he shall give notice in writing thereof to the Department, and the
notice shall be given not less than 6 weeks before the works are begun.37

(2) At least 7 days before any works which affect any fire-hydrant are begun,
the authority or person by whom the works are to be executed shall give notice in
writing to the Department.38

(3) Where in a case of emergency it is not practicable for notice to be given at
the time required by sub-paragraph (1) or (2), those provisions shall be deemed to have
been complied with if the notice is given as early as may be.
SCHEDULE 2

AMENDMENTS OF ENACTMENTS

Section 11(2)
[Sch 2 amended by GC120/86, by GC192/86 and by Public Sector Pensions Act
2011 Sch 3, and amends the following Acts —
Civil Defence Act 1954 q.v.
Fire Precautions Act 1975 q.v.]
SCHEDULE 3
39

Fire Services Act 1984 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by GC120/86. 2
Subs (3) amended by GC192/86 and by SD155/10 Schs 5 and 11. 3
Subs (4) amended by GC120/86 and by Statute Law Revision Act 1989 Sch 1. 4
Subs (5) amended by GC120/86. 5
Para (b) amended by GC120/86. 6
Para (d) amended by GC120/86. 7
Subs (1) amended by GC120/86. 8
Para (b) amended by SD190/86 and by SD155/10 Sch 5. 9
Subs (3) amended by GC120/86. 10
Subs (1) amended by GC120/86. 11
Subs (2) amended by GC120/86. 12
S 4 amended by GC120/86. 13
S 5A inserted by Fire Services (Amendment) Act 1990 s 1. 14
Subs (2) amended by GC120/86. 15
Subs (2) repealed by Inquiries (Evidence) Act 2003 Sch 2. 16
Definition of “the Board” repealed by GC120/86. 17
Definition of “the Department” inserted by GC120/86. 18
Definition of “the Highway Board” repealed by GC190/86. 19
Definition of “the Local Government Board” repealed by GC192/86. 20
Definition of “the water authority” amended by Water Act 1991 Sch 9, by SD155/10
Sch 9 and by SD2014/06. 21
Subs (1) amended by Treasury Act 1985 Sch 2. 22
Subs (3) repealed by Statute Law Revision Act 1992 Sch 2.
Endnotes Fire Services Act 1984


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23
ADO (for the limited purposes specified in subs (2)) 1/6/1985 (GC113/85). 24
Para 1 amended by GC120/86. 25
Subpara (1) amended by GC120/86. 26
Subpara (2) amended by Water Act 1991 Sch 8. 27
Subpara (3) amended by GC120/86. 28
Subpara (4) amended by GC120/86. 29
Subpara (1) amended by GC120/86. 30
Subpara (2) amended by GC155/91. 31
Subpara (3) amended by GC120/86. 32
Subpara (1) amended by GC120/86. 33
Subpara (2) amended by GC120/86. 34
Subpara (3) amended by GC120/86. 35
Subpara (1) amended by GC120/86. 36
Subpara (2) amended by GC120/86. 37
Subpara (1) amended by GC120/86. 38
Subpara (2) amended by GC120/86. 39
Sch 3 repealed by Statute Law Revision Act 1992 Sch 2.