Fire Services Act, 1981

Control of operations at a fire or other emergency.

27.—(1) Where one or more fire brigades are present at a fire occurring in the functional area of a fire authority, sole charge and control of all operations for extinguishing the fire shall be vested as follows—

(a) if the fire authority maintains a fire brigade and that fire brigade is present at the fire—in the person who is for the time being in charge of that fire brigade at the fire;

(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 that fire authority is present at the fire—in the person who is for the time being in charge of that fire brigade at the fire;

(c) in any other case—in the person who is for the time being in charge of the fire brigade of a fire authority which first arrives at the fire.

(2) Fire authorities may by agreement provide, notwithstanding anything in subsection (1), for the vesting of sole charge and control of all operations for extinguishing a fire in any person who is for the time being in charge of a fire brigade at a fire and for the transfer of such charge and control from one person to another.

(3) Whenever and so long as no fire brigade of a fire authority is present at a fire, the senior member of the Garda Síochána present at the fire shall have sole charge and control of all operations for extinguishing the fire.

(4) The Minister may by regulations provide—

(a) for the control of any operations of a fire authority under section 25 , other than operations for extinguishing a fire, and

(b) for the vesting of sole charge and control of such operations and for the transfer of such charge and control from one person to another in such circumstances as are prescribed.

(5) In this Act, “the person in control”, in relation to a fire or other emergency, means the person in whom is vested, by or under this section, the sole charge and control of all operations for extinguishing a fire or of any other operations of a fire authority under section 25 .