S.I. No. 210/1987:

FIRE AUTHORITIES (EMERGENCY OPERATIONS) REGULATIONS, 1987.

FIRE AUTHORITIES (EMERGENCY OPERATIONS) REGULATIONS, 1987.

The Minister for the Environment, in exercise of the powers conferred on him by section 27 (4) of the Fire Services Act 1981 (No. 30 of 1931) hereby makes the following Regulations:

1. These Regulations may be cited as the Fire Authorities (Emergency Operations) Regulations, 1987.

2. In these Regulations--

"emergency operations" means operations of an emergency nature under section 25 of the Act other than operations for extinguishing a fire.

3. Every fire authority shall--

( a ) appoint an officer of the authority to be the person who shall be in charge of and shall control emergency operations of the authority, and

( b ) appoint an officer of the authority to be in such charge and control in the absence of such first mentioned officer.

4. Where a fire authority is carrying out emergency operations in its functional area the person appointed under article 3 (a), or in his absence the person appointed under article 3 (b), shall have sole charge and control of the operations and the operations of other fire authorities providing assistance in its functional area.

5. (1) Where an emergency takes place in or affects the functional area of a fire authority and none of the persons appointed under article 3 is available to exercise control, the sole charge and control of the fire authority's operations in its functional area and of the operations of other fire authorities providing assistance in its functional area shall be vested as follows:

( a ) if the fire authority maintains a fire brigade and that fire brigade is taking part in the operations -- in the person who is for the time being in charge of that fire brigade;

( b ) if the fire authority does not maintain a fire brigade but has made an agreement with a fire authority for the performance of its fire-fighting functions and the brigade of the latter fire authority is taking part in the operations -- in the person who is for the time being in charge of the latter fire brigade;

( c ) in any other case--

(i) where a fire brigade is taking part in the operations -- in the person who is for the time being in charge of the first fire brigade of a fire authority so to take part, or

(ii) where a fire brigade is not taking part in the operations -- in the senior officer of the authority who is available to exercise control.

(2) Fire authorities may by agreement provide, notwithstanding anything in subarticles (1), for the vesting of sole charge and control of their emergency operations in some other person and for the transfer of such charge and control from one person to another.

(3) Whenever and so long as no officer of a fire authority is available to exercise control of emergency operations, the senior member of the Garda Siochana available shall have sole charge and control of such operations.

GIVEN under the Official Seal of the Minister for the Environment this 30th day of July, 1987.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for the appointment of officers by fire authorities, to have charge of and be in control of emergency operations, other than at fire emergencies, and for the vesting of charge and control where those officers are not available to exercise control. The Fire Services Act, 1981 , provides for control at fire emergencies.