DAMAGE BY FIRE BRIGADE

Press, Volume LXXIX, Issue 23945, 12 May 1943, Page 2

DAMAGE BY FIRE BRIGADE

PROTECTION UNDER ACT BOARD DENIES OBLIGATION The protection of the Fire Boards Act against claims for damage caused in the reasonable execution of duty m protecting property from fire will be sought in all cases by the Christchurch Fire Boafd as a matter of principle. Last evening a demand for compensation was received from a Fendalton resident; but on the legal opinion of its solicitor the board decided that it could not recognise liability in the claim. ~ . , i The circumstances were that lasi month a fire broke out in a propeity in Garden road. To draw water from the Wairarapa stream a fire brigade pumping unit had to be driven through an adjoining property. Ine wheels of the vehicle cut into the back lawn, and the owner asked that the brigade repair the lawn. A sympathetic attitude was taken h> all members, and it had almost been agreed that the brigade had an obligation in the matter, but the legal opinion. coupled with consideration of possible implications and the establishment of a precedent, led to the final rejection of the claim. The legal opinion quoted the rire Boards Act, which states that adjacent buildings may be pulled down and that all other reasonable steps may be taken by the brigade in combating a fire Damage done in such circumstances would be covered by insurance as if the property was actually damaged in the fire, but the case m point did not refer to insurable propel .y. The engine had been driven in as a bona fide act in the execution of duty. The brigade was privileged in such circumstances. m ~ , The chairman (Mr T. M. Chatters) said that in 17 years’ experience lie had not encountered a sitmlai claim referring to adjoining property. Mr Lyons said that on principle ho supported the legal opinion. He considered that there was a moral responsibility on the owner of the property where the outbreak of fire occurred to make good damage caused to his neighbour in saving his property. Such action might have to be taken in a large number of places in Fendalton where a pump would have to be taken through adjoining properly to the nearest source of water, said Mr W. V. Glue. The board would be in an awkward position if it were not protected by the act. Mr K. W- Robinson moved that the board disclaim liability, but that the work be attended to as a gesture. He was supported by Mr M. J. Russell. An amendment by Mr Lyons deleting the last section was seconded by Mr W. H. Mathison and carried. On the suggestion of Mr S. G. Maddren the board will endeavour to have inserted in all future agreements with local authorities outside its central district a clause passing all such claims to the local authority.