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Ancillary powers.
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28.—(1) The person in control at a fire or other emergency may, either personally or by a member of a fire brigade present at the incident or by a member of the Garda Síochána, or by such other person as he authorises, do (if necessary, by force) all such things as are, in his opinion, necessary or expedient for the purpose of extinguishing the fire or for protecting or rescuing persons or property and, in particular, may—
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(a) enter any land or building in which there is reason to believe fire has broken out or the emergency exists or any other land or building;
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(b) cause any land or building to be vacated by the occupants;
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(c) pull down or demolish any building or part of a building;
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(d) use any water supply, whether public or private;
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(e) take water from any watercourse, lake, pond or other source, whether natural or artificial;
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(f) remove anything from the vicinity of the fire or other emergency.
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(2) (a) The person in control at a fire or other emergency may require that any available water supply be controlled from the main pipes in any way that he directs in order to give a greater supply and pressure of water.
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(b) He may, if he considers it necessary for the protection of other property, cause water or other extinguishing agent to be directed against that property.
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(c) No action shall lie against a fire authority, the person in control at the fire or other emergency or any person acting under his powers under this subsection.
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(3) Any person who wilfully obstructs or impedes the exercise by the person in control at a fire or other emergency or by any person under his authority or by any member of the Garda Síochána of the powers conferred on that person or member by this section shall be guilty of an offence.
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(4) Where damage to any property is caused by the exercise of a power conferred by this section, the damage shall, for all purposes and in particular for the purpose of any contract of insurance, be deemed to have been caused by the fire or emergency.
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(5) Any clause or condition inserted in a contract of insurance purporting to exclude or having the effect of excluding the risk of damage caused by the exercise of a power conferred by this section shall be void where the risk of damage caused directly by the fire or emergency in relation to which the power is exercised would be covered by the contract.
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