RECENT PETROL FIRE.

Press, Volume LXV, Issue 19714, 3 September 1929, Page 8

RECENT PETROL FIRE.

ALLEGED BREACH OF BYLAW. CITY COUNCIL WILL PROSECUTE Proceedings are to be taken against the South Island Trading Company for an alleged breaeh of the Dangerous Goods By-law, arising from the recent petrol fire in Carlyle street. At last night's meeting of the City Council the By-laws, Finance, and Departmental Committee reported as follows: — "The Chief City Inspector reported that the store was originally built and licensed for Messrs W. H. Simms and Sons to store quantities of dangerous goods up to 100,000 gallons, the permit being issued on November 3rd, 1924. This company occupied the store until November, 1928. The South Island trading Co. took possession, and obtained a license on April 26th, 1929, to store 100,000 gallons of dangerous goods. "On the night of the fire there were 22,562 cases, representing 180,496 gallons, and 170 drums representing 7650 gallons, making a total of 188.146 gal lons stored, being an excess over the licensed quantity of 88,146 gallons, and there was a further excess of storing in the open section of the store premises of 10,164 gallons, which was seized by the Council's inspectors. The company explained that the reason for the excessive storing was caused by the fact that three shiploads of goods arrived simultaneously. On July 23rd a double shipment, and about the same date a further shipment of 1200 cases arrived, being three months' supply received in one month. "The Chief City Inspector reported that on July 4th, when he visited the store, there was no excessive storage of goods. The approximate quantity of goods salvaged was 112,772 gallons. "The committee has Instructed the Chief City Inspector to institute pro ceedings against the eompany for a breach of the Dangerous Goods By-law in storing more petrol than the license provided for, and to ask the Magistrate to issue an order confiscating the petrol seized in excess of the quantity for which a license was granted." Question of Confiscation. Cr E. H. Andrews asked if it was necessary to apply to the Magistrate for an order confiscating the petrol, tie thought the process would be auto matic. It was stated that if the prosecution came under the by-law it would be necessary to ask for an order, whereas if it came under the Dangerous Goods Act the petrol would be seized auto matically. . Cr. W. Williamson said that it seemed to be a drastic action on the part of the committee. About 10,164 gallons df petrol were involved. The company was a New Zealand concern and it had opened up in the face of strong opposition. It had been no fault 6f their own. Three shipments had ar rived at one time instead of three sepa rate monthly shipments. The cash had been put ip in America, and the firm on the other side had awn on the cash, shipping the petrol. It seemed to him that a more dangerous feature of the fire was the failure of the M.E.D. to cut the wires. He thought h. the circumstances that they ought to show these people a little leniency. He moved that the clause be referred >ack to the committee. "I think it is seriously unfair for Cr. Williamson to find it necessary to bring the M.E.D. into it," protested the Mayor (Mr J. K. Archer). "I don't know if Cr. Williamson has seen the explanation by the manager, because it is a perfectly satisfactory one." He added that some years ago when permits were asked for 'the erection of a number of these stores and for the construction of excavations for storing petrol underground he had been assured on supposedly expert authority that it was absolutely impossible for these petrol stores to burn, and one of the councillors had said that the stores were so free of risk that he would be absolutely willing to have one built next door to his own house, as they were so constructed that even if an attempt were made they would not catch fire on account of some kind of air pressure. "Which, of course, I never believed, Mr Archer said. "There is no doubt that we just escaped a frightful catastrophe, and how ever Cr. W illiam " son can make an excuse I don't know. The store was licensed for a certain amount, and not only was an extra amount stored there, but they actually stored thousands of gallons on unlicensed premises, quite a lot being pi *,ed in the open air, to the great danger of the people of this City. It traders are allowed to do this where are our responsibilities to the community? When it is found stacked outside the premises I don't think the punishment can be too severe. This explanation is totally unsatisfactory. They may have been compelled to receive the petrol, but they were not compelled to put -t there. If ever we have had a reason for being severe in the interests of the public we have it now." Cr. A. W. Beaven seconded Cr. Williamson's amendment. It was wrong, he thought, to give instructions to the Magistrate. The Mayor: We propose to take it under the Dangerous Goods Act. The Council's Duty.

"I hope that it will come under our own City by-laws," said Cr. J. A. Flesher, "because under the Act the fine would go to the Government, while if the prosecution is taken under the by-law the fine will go to the City Council. It is better to do that and leave the question of confiscation in the hands of the Magistrate." Cr. D. G. Sullivan, M.P., said that he hoped that the clause would be allowed to stand as it was. On all other Buch occasions somewhat similar excuses had been advanced for excess of stored petrol. It was the duty of the Council to protect the public against these dangerous fires. Petrol must be stored in accordance with the protective conditions laid down by the Government regulations, and the by-laws. The plain fact was that the Council could not afford to carry the amendment, but to see that the by-laws were observed without fear or favour. He was inclined to think that the prosecution should take place under the by-law as too much money was going into the coffers of the Government that should come to the Council. It was necessary, he concluded, to make people realise that where they were dealing with inflammable material the law must be obeyed. The Mayor: The town clerk has just put it in writing to me that if the motion is carried as it stands and the prosecution is taken under the by-law we get the fine and the Magistrate has the option of confiscating the petrol. If it is taken under the Dangerous Goods Act the Government gets the fine and we get the petrol, so perhaps that would pay us better. (Laughter.) The amendment that the clause be referred back to the Committee was lost and the report was adopted. A* clause in the Town Planning, Housing, and Health Committee's report stated that as a preliminary step towards the setting aside of an area in which all future buildings to be used for the storage of dangerous goods were

to be erected, the Committee had instructed the City Engineer to include this proposal in the town planning scheme now in course of preparation.