Civil Engineering Reference
In-Depth Information
The powers of the Fire and Rescue Service
Fire and Rescue Services in England and Wales are con-
stituted under the Fire and Rescue Service Act 2004 (in
Scotland the Fire Scotland Act 2005). Under these Acts,
fi re service offi cers have powers to enter and obtain
information in two situations, i.e. when they wish to:
➤
Obtain any information the service may need to
assist them in preparing to deal with fi res or other
emergencies in those premises
➤
Investigate the cause and spread of a fi re.
However, the service may not enter as of right any
premises in which there has been a fi re if the premises
are unoccupied, and it was a private dwelling immediately
before the fi re, unless 24 hours' written notice is given.
In the case of diffi culties, a Fire and Rescue Service
offi cer may apply to a justice of the peace for a warrant
authorising the offi cer to enter the premises by force at
any reasonable time.
Figure 12.14
Cash box damaged by fi re
It is criminal offence to obstruct a fi re service offi cer who
is investigating a fi re which is liable on summary con-
viction to a fi ne not exceeding level 3 on the standard
scale.
The role of the manager in the workplace will be to
preserve the scene and assist the Fire Service in their
investigation. Local knowledge of the workplace, staff,
equipment and normal practices will assist the Fire
Service. A basic awareness of factors affecting the initi-
ation and growth of a fi re together with an understand-
ing of how materials react to smoke and heat will enable
the local manager to identify those issues that will be
relevant to the Fire Service.
Late calls
- there may be circumstances when a
fi re occurs that is not immediately evident to those in
the workplace and is not detected by the alarm system.
In the case where the fi re self-extinguishes it may be
that it is discovered at some time after the event. In this
case the local manager will inevitably conduct the initial
investigation to establish that there had in fact been a
fi re. In these circumstances the Fire Service should be
notifi ed by the normal method. Fire Services will treat
these events as 'late calls' and will normally respond
with a single offi cer who will take the necessary details
to complete the required fi re report form.
Supplementary powers
For the purposes of fi re investigation, a fi re service
offi cer (duly authorised offi cer) may:
➤
Take with him any other persons, and any equip-
ment, that he considers necessary
➤
Inspect and copy any documents or records on the
premises or remove them from the premises
➤
Carry out any inspections, measurements and tests
in relation to the premises, or to an article or sub-
stance found on the premises, which he considers
necessary
➤
Take samples of an article or substance found on
the premises, but not so as to destroy it or damage
it unless it is necessary to do so for the purpose of
the investigation
➤
Dismantle an article found on the premises, but not
so as to destroy it or damage it unless it is neces-
sary to do so for the purpose of the investigation
➤
Take possession of an article or substance found on
the premises and detain it for as long as is neces-
sary for any of these purposes:
➤
To examine it to ensure that it is not tampered
with before his examination of it is completed
12.5.1
Health and safety when investigating
➤
To ensure that it is available for use as evidence
in proceedings for an offence relevant to the
investigation
As with any investigation, ensuring that those at the
scene of the investigation are kept safe must be seen as
a priority. The decomposition of materials and potential
release of chemicals, asbestos and contaminated water
must be guarded against, as should the threat of fall-
ing or collapsing materials caused by destabilisation of
building structures, etc.
➤
Require a person present on the premises to
provide him with any facilities, information, doc-
uments or records, or other assistance, that he
may reasonably request.
