WHO CONTROLS?

Lyttelton Times, Volume CXVII, Issue 17286, 29 September 1916, Page 8

WHO CONTROLS?

FIRE SAFEGUARDS IN PICTURE THEATRES.

CROWN LAW OFFICE OPINION

[From Out. Cojirksfoxdent.]

WELLINGTON, September 28

Controversy has arisen in more than, olio New Zealand city over the relative responsibilities of City Council and Firo Board officers wliero the plans of picture theatres are concerned. The position was obscure in some respects, and it was necessary in tho public interests to clearly define it. Therefore, tho lion G. W. Russell, Minister of Internal Affairs, laid the question before the Crown Law Office for its opinion, which will bo forwarded to every Borough Council and Firo Board in the Dominion. The opinion states that under Section, 51 of the Eire Brigades Act, 1908, piacos«of amusement have to be provided, to the satisfaction, of tho superintendent, with sufficient safeguards against and means of oscupo in caso of fire, and the superintendent is at all times to have free access to ascertain if such provision exists. “It seems evident from this that the superintendent has control, for fire purposes, of places of amusement after ho has given a certificate of fitness.” The opinion calls attention to the occupier's right of appeal to a Magistrate if he is dissatisfied with the superintendent's decision. The superintendent can prosecute if tho provision for firo escape is not in his opinion sufficient, and it was held in a Dunedin case, by Mr Justice Williams, that a prosecution for broach of by-laws can be properly instituted without tho express authority of the City Council, even though tho penalty may be payable to tint, body. *. “ The superintendent has no power continues the opinion, “ after submitting his report to the board, to see that the report is carried into effect. He cannot require tlic board to take any action. If, however, he lias reported that the safeguards against and means of escape in caso of nrc_are not sufficient as regards any buildings, then lie can take action as stated iii the answer to votir first question (under Section oi of' the Fire Brigade.-. Act). “Tho owner or occupier ot any building must obtain a license from the City Council and. eomplv with the conditions set out in the R3th to the Municipal Corporations Act. UUo, as to makinrr sufficient provision ,n case of fire. These' provisions are quite independent of the powers given to a superintendent of fire brigade, and, under Section 18 of the- Municipal Goinnrations Amendment Act, 19U, m. is the Citv Council, and not the superintendent', who may require duly qualified firemen to be Present at • public entertainments.” -