Section 7: Authority for Incident Management
Section Contents
Section 7: Authority for Incident Management ................................................................................................... 1
Authority for Incident Management ...................................................................................................................... 1
7.1 – Powers Granted by the Fire Service Act 1975 ....................................................................................... 1
7.2 – Powers Under the Hazardous Substances and New Organisms (HSNO) Act 1996 .............................. 4
7.3 – Powers under the Forest and Rural Fires Act 1977 ............................................................................... 5
7.4 – Powers under the Civil Defence Emergency Management Act 2002 .................................................... 7
7.5 – Powers under the Land Transport Act 1889 and Rules ....................................................................... 10
7.6 – Powers under Fire Service Agreements and Memoranda of Understanding ....................................... 11
7.7 – Sectorisation – Internal Command Authority ....................................................................................... 12
7.8 – Control of Incidents Involving Multi Agency Response ........................................................................ 14
7.9 – References and further reading ........................................................................................................... 15
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Authority for Incident Management
Section 7: Authority for Incident Management
Introduction
This document is Section 7 of the New Zealand Fire Service Incident
Management – Command and Control Technical Manual.
Authority for Incident Management
7.1 – Powers Granted by the Fire Service Act 1975
7.1.1 Significant powers
Fire Service officers acting in an emergency response role are granted
considerable powers under the Fire Service Act 1975 to exercise authority over
Fire Service personnel and resources, and also on occasion, over other agencies
and members of the public.
7.1.2
It is important that all officers understand the nature of these powers in order
that they may act swiftly and with confidence. These are outlined below.
7.1.3 Operational
Section 17N of the Fire Service Act makes the National Commander
instructions
responsible for the issuing of operational instructions.
7.1.4
Section 27A of the Act allows the National Commander to issue operational
instructions that relate to the operational requirements, duties and scope of the
Fire Service.
7.1.5
All members of the Fire Service who hold rank, volunteer fire Brigades (and
their members), and industrial and defence Brigades shall obey and be guided
by those instructions.
7.1.6
New or significant changes to Operational Instructions are communicated
through the Fire Service Gazette and on FireNet. Minor amendments are
notified through notice on FireNet.
7.1.7
Local Procedures are procedures that are developed from Operational
Instructions and used to meet local conditions. These provide guidance for
implementing the Operational Instructions where local conditions or resources
available mean that further definition or clarification is required, e.g. detailing
the attendance at a special risk where the District does not have suitable
‘special’ appliances. In practice, local procedures are invariably required to
substantiate the intent of Operational Instructions.
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7.1.8 Powers of
The powers detailed in section
28, 28A, 29 and
30 of the Fire Service Act 1975
delegation
are primarily granted to Chief Fire Officers who can then delegate them to
members of the Brigade.
7.1.9
Section 28(1) gives the Chief Fire Officer direction of their Brigade and all
other operational Brigades within their Fire District.
Subsection 2 requires the
Chief Fire Officer or person for the time being in charge of the Brigade, to
proceed to any fire or alarm of fire within their District.
Subsections 3 and
3A enable the Officer In Charge to attend emergencies other than those with risk
of fire, if they consider that the Brigade could be of some assistance.
7.1.10 General powers
One of the fundamental powers of the Chief Fire Officer (CFO) or the person
for the time being in charge of the Fire Brigade (OIC) is the power to enter
onto land, or into any building, which is on fire or at risk from fire. This
includes the power to break into a building or structure in an emergency. In
addition, the CFO or OIC may direct firefighters to take any equipment
required into the building and to remove anything from that building which is
flammable or dangerous.
Firefighters, when directed by the CFO or OIC, also have the power to pull
down a building or tree which itself is on fire, or which is near a building or
structure which is on fire. In these cases the expense of such operations must
be borne by the owner.
7.1.11
Other powers which the CFO or OIC may exercise at the scene of an
emergency involving fire, or risk of fire, include:
• Shutting off the water in any main or pipe in order to obtain greater
pressure and supply of water
• Closing off a road, street, right of way, thoroughfare, or even a railway,
in the vicinity of the fire or other emergency
• Removing any vehicle impeding the operation of the fire Brigades (and
being permitted to use force to break into the vehicle for this purpose)
• Taking people away from the area of danger
• Removing anyone who interferes with the emergency operations
• Shutting off or disconnecting gas, oil, or electricity to any building
which is on fire or endangered by fire.
Note: At emergencies not involving fire or the risk of fire, these powers may
not be exercised without the authority of the person in charge of operations at
the scene.
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7.1.12 Responding
Section 28A of this Act enables the CFO to respond to fires or other
outside the urban fire
emergencies outside of their Fire District into a neighbouring urban fire
District
District or a rural fire District administered by a Rural Fire Authority. In
practice these attendances are predetermined. CFOs can direct the Comcen to
develop predetermined attendances via beat lists, which maximise the
efficiency of response.
7.1.13
When responding to incidents inside other Urban Fire Districts, unless Region
procedures state otherwise, firefighters and officers should be aware that the
control of the incident remains the responsibility and prerogative of the OIC of
the Brigade from the District that has the incident in its ‘first response’ zone –
regardless of rank. It is the responsibility of the OIC of the Brigade entering
that zone to liaise with the OIC of the incident to coordinate the efforts of their
personnel and resources.
7.1.14
This aspect of command authority occasionally causes confusion.
Consequently it is dealt with in greater detail at paragraph 7.7 of this section.
7.1.15 Powers for pre-
Section 29 allows the person for the time being in charge of the Brigade to
incident planning and
have access to land and buildings for the purpose of pre-incident planning and
Fire Investigation
post-incident investigation. This does not allow entry to private homes, and is
subject to other legislation when dealing with a diplomatic residence.
7.1.16
The Fire Service Act enables Fire Service personnel to have access to land or
buildings after a fire or hazardous substance emergency, to determine the cause
of the incident.
7.1.17 Police assistance
The Fire Service Act implies that the Police recognise the authority of the Fire
to Fire Brigades
Service officer in charge of the fire Brigade at any incident, within an urban
fire District, involving a fire or suspected fire. Police in attendance at a fire
shall co- operate with the Fire Service officer in charge of the fire brigade at
the scene. In some circumstances Police officers may be authorised by the OIC
to exercise all of the powers of a CFO or the person for the time being in
charge of the Fire Brigade.
7.1.18 Use of water
Subject to the overall requirements of a Civil Defence Controller during a state
of civil defence emergency, the Fire Service is empowered to use water in any
main or water in any river or watercourse, any lake, tank or pool, free of
charge, for dealing with fires and hazardous substance emergencies (Section 30
(1)(a) and (b).
7.1.19
Water for training purposes can also be used within the Brigade’s Fire District
and outside the Fire District, with the consent of the person or authority who
supplies the water.
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7.2 – Powers Under the Hazardous Substances and New Organisms (HSNO) Act 1996
7.2.1 Main provisions
The Fire Service’s main interest in the provisions of the HSNO Act is in
emergency situations. In a hazardous substance emergency,
Section 135 of this
Act extends the definition of Enforcement Officer to cover any member of the
Fire Service who is exercising the powers of a Chief Fire Officer under section
28, 28a, 29 or 30 of the Fire Service Act 1975. This means that the officer has
the emergency powers assigned to an enforcement officer listed in Section 137
of this Act.
7.2.2
These powers include the power to enter premises and requisition property that
may be needed in the emergency.
7.2.3 Limitations of
Section 139 provides enforcement officers with a limitation on liability when
liability
acting in good faith. This limitation on liability also covers firefighters who
are acting in the capacity of an enforcement officer pursuant to this Act.
7.2.4 Public
Officers need to be aware that the requisitioning of property under the powers
compensation
provided by the HSNO Act may result in claims for compensation. The
exercise of such powers may create a liability if things go wrong or damage
occurs to the property requisitioned.
Section 138 allows members of the public
to apply for compensation for any property requisitioned pursuant to
Section
137, except where they were involved in the cause of the emergency.
7.2.5 Fire Service Act
Officers should understand that the Fire Service Act generally empowers them
primacy
to manage all hazardous substances incidents. Consequently they should seek
to operate under the Fire Service Act in preference to any other legislation.
However there are circumstances when the HSNO Act can provide additional
authority.
7.2.6
In order to ensure protection from potential liability and compensation issues,
the OIC should transmit a radio message declaring that a hazardous substance
emergency does exist and that he/she is managing the incident under the Fire
Service Act or the HSNO Act, whichever is the most appropriate. As stated
above, preference should always be given to the use of the Fire Service Act.
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7.3 – Powers under the Forest and Rural Fires Act 1977
7.3.1 Context
Both the Forest and Rural Fires Act (1977) and the Fire Service Act (1975)
provide for a focus of cooperation between Rural Fire Authorities and the New
Zealand Fire Service. This is specifically confirmed in Section 17P of the Fire
Service Act which is headed ‘Coordination schemes for fire control’. In
particular, section 17 P (1) requires that:
The National Commander shall, subject to such policy direction as may from
time to time be given by the Commission and conveyed by the Chief Executive
to the National Commander, continue to operate ... cooperative schemes
between Fire Brigades … and Fire Authorities… for the purpose of:
1. Reinforcement at serious fires
2. Fire protection in rural areas.
7.3.2 Main Provisions –
Where local circumstances permit, it is sensible to make arrangements for the
Section 16 agreements
resources of urban or industrial Brigades to be available to assist with
firefighting in neighbouring rural fire Districts.
7.3.3
Under Section 15(1) of the Forest and Rural Fires Act, any rural fire authority
may arrange with the New Zealand Fire Service Commission, or with the
Crown, or with any employer of an industrial fire Brigade that the services of the
Brigade are available for fire control by agreement.
7.3.4
All Fire Service officers should be aware of what agreements have been made
for their fire District under Section 15.
7.3.5 Main Provisions –
Section 36 of the Act outlines the powers of:
Section 36
• The Principal Rural Fire Officer (PRFO)
• The Rural Fire Officer (RFO)
• A rural fire authority for the purposes of controlling fire.
7.3.6 Working with the
At a vegetation fire, Section 36(b) grants the PRFO or RFO control (but not
PFRO
command) of:
• Any Fire Service, volunteer or industrial Brigade registered under the
Fire Service Act 1975 present at the fire
and control and command of:
• Any persons who voluntarily place their services at his disposal
• Any persons (not being engaged in essential services) whose services
they require.
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7.3.7 Exception
An exception is provided in the case of any event occurring within the
greater vegetation fire incident that would normally fall under the
jurisdiction of the Fire Service, e.g. structure fires (buildings), motor
vehicle accidents, hazardous substance emergencies etc. In these
circumstances the OIC Fire will retain control of firefighters and
resources for the purpose of dealing with these aspects of the greater
incident. The OIC Fire must be the most senior officer attending or the
first arriving officer if of the same rank. See Section 36(1)(b).
7.3.8 Powers of access
Section 36(1)(c) empowers the PRFO/RFO or any person acting under his
direction and authority to:
• Access any land, house, building or premises
• Break open any doors of any house or building which may be on fire or
in the near neighbourhood of any fire for the purpose of taking any
steps which he deems necessary.
7.3.9 Powers to use
Section 36(1)(d) empowers the PRFO/RFO or any person acting under his
plant/equipment
direction and authority to take (or direct others to take) any apparatus into,
through or upon any land, house, building or premises considered convenient.
7.3.10 Powers to enforce Section 36(1)(i) empowers the PRFO/RFO or any person acting under his
withdrawal
direction and authority to order and (if necessary) enforce the withdrawal of
any persons who:
• Interfere with firefighting operations
• Are present on any land, in any building or premises then burning or
threatened by fire – unless they have a pecuniary (financial) interest in
the property or in any goods located there.
7.3.11 Powers to act
Section 36(1)(j) empowers the PRFO/RFO or any person acting under his
upon structures
direction and authority to pull down or shore up any wall or part of a building
which is in his/her opinion sufficiently damaged by fire to represent a danger.
7.3.12
Fire Service officers in charge of a structure fire incident within a greater rural
fire incident are provided with such authority under the general powers of the
Fire Service Act (see paragraph 3.1.4). Consequently they do not need to apply
to the PRFO for permission to act upon structures in these circumstances.
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7.4 – Powers under the Civil Defence Emergency Management Act 2002
7.4.1 Retention of
Section 6 of the Civil Defence Emergency Management Act 2002 states that:
powers
‘Unless this Act provides otherwise, this Act does not limit, is not in substitution
for, and does not affect the functions, duties or powers under the provisions of
any enactment or any rule of law’.
7.4.2
The effect of this statement is that powers available to Fire Service personnel
under the Fire Service Act 1975 are not affected by a declaration of a civil
defence emergency. Consequently all those powers (described in Section 7.1 of
this chapter) remain in place. In effect this means that we shall assist Civil
Defence but continue to operate with full authority under the Fire Service Act.
7.4.3 Additional powers
In very exceptional circumstances a wide range of additional powers may be
exercised.
7.4.4
If a civil defence emergency has been declared, or a person authorised by the
Civil Defence Emergency Management Group believes the situation is of
sufficient urgency, he/she may apply for a warrant to obtain entry to premises or
property to obtain urgently required information.
7.4.5
This may mean that Fire Service personnel are required to assist civil defence
directly or (more usually) assist Police officers acting under warrant, in forcing
entry for the purpose of obtaining required information. In these situations Fire
Service personnel may:
• ‘Use any force that is reasonable in the circumstances for the purposes of
effecting entry, and for breaking open anything in or on the place
searched.’ Section 80(1)(c)
• ‘Search for and seize the information required and for that purpose:
- Take copies of any document, or extracts from any document
- Require the person who has a document in his or her possession or
under his or her control to reproduce, or to assist the person executing
the warrant to reproduce, in usable form, any information recorded or
stored in the document.’ Section 80(1)(d)
7.4.6
If information obtained by the Police under section 80(1)(a) is provided to the
Fire Service for operational purposes, it must be returned to the person from
whom it was seized when it is no longer required. Section 81(2). Any
information obtained in these circumstances may not be disclosed except for the
purposes of the Act. Section 83(1).
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7.4.7
If a civil defence emergency has been declared, and the Civil Defence
Controller or the police believe that action must be taken to preserve human
life, they (or any persons authorised by them) may act to ensure:
• ‘The evacuation of any premises or place, including any public
place’ Section 86(a)
• ‘The exclusion of persons or vehicles from any premises or place,
including any public place.’ Section 86(b)
7.4.8
Fire Service personnel may therefore carry out these operations, provided
they are acting with the knowledge and authority of the Civil Defence
Controller or the Police.
7.4.9
In the event of a civil defence emergency being declared, Fire Service
personnel, acting on the authority of the Civil Defence Controller or the
Police, may enter or break into property if they believe it necessary for:
• ‘Saving life, preventing injury, or rescuing and removing injured or
endangered persons’ Section 87(a)
• ‘Permitting or facilitating the carrying out of any urgent measure for
the relief of suffering or distress.’ Section 87(b)
7.4.10
If a civil defence emergency is declared, Fire Service personnel acting
under the authority of the Civil Defence Controller or the Police, or (if
granted), the direct authority extended to them under the relevant civil
defence emergency plan, may close roads or public places in order to limit
the extent of the emergency. Section 88.
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7.4.11
If a civil defence emergency is declared, Fire Service personnel, acting
under the authority of the Civil Defence Controller or the Police, may
requisition property if use of that property is deemed necessary for saving
life (Section 90(2). In these circumstances Fire Service personnel may take
control of any:
• Land
• Building
• Vehicle
• Animal
• Boat
• Apparatus
• Implement
• Earth-moving equipment
• Furniture
• Bedding
• Food
• Medical supplies
• Medicine
• Construction materials or equipment
• Any other equipment, materials or supplies.
7.4.12
If such powers of requisition are invoked the officer doing so must provide
the owner of the property, as soon as possible under the circumstances, with
a written statement detailing what has been requisitioned and under whose
control it has been placed. Section 90(5).
7.4.13
In the event of a civil defence emergency being declared, Fire Service
personnel, acting under the authority of the civil defence controller or the
police, may:
• ‘Direct any person to stop any activity that may cause or
substantially contribute to an emergency’ Section 91(a)
• ‘Request any person, either verbally or in writing, to take any action
to prevent or limit the extent of the emergency.’ Section 91(b)
7.4.14
In the event of a civil defence emergency being declared, Fire Service
personnel, acting under the authority of the Civil Defence Controller or the
police, may:
• ‘Examine, mark, seize, sample, secure, disinfect or destroy any
property, animal or any other thing in order to prevent or limit the
extent of the emergency.’ Section 92.
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7.5 – Powers under the Land Transport Act 1998 and Rules
7.5.1 OIC responsibilities It is recognised that the turnout and response aspect of incident management is
a potentially a period of high risk, for both Fire Service staff and the general
public. It is essential that Officers In Charge of responding appliances maintain
full and proper control by ensuring that they are driven in accordance with:
• Existing land transport rules
• Fire Service policy (NCI 58)
• The prevailing road and weather conditions.
This responsibility cannot be delegated to the driver.
7.5.2 Driver
Fire Service policy aligns with the requirements of the Transport Act and
Qualifications
Rules. Consequently Fire Service vehicles may only be driven by appropriate
personnel. This means that they must:
• Hold a current driver’s license for the class of vehicle concerned (see
NCI 58 for vehicle class descriptions)
• Be trained and qualified in any skills required in addition to driving in
normal traffic conditions, e.g. driving a vehicle whilst loaded
(including carriage of hazardous substances), driving a specialist type
vehicle (e.g. 4WD), or driving a vehicle in emergency situations
•
Be appointed by their manager as a Brigade emergency response driver
7.5.3
Chief Fire Officers/Officers In Charge of Fire Service appliances must ensure
that vehicles are driven in accordance with Fire Service policy.
7.5.4
Section 5(4) of the Land Transport Act requires that ‘a person driving a motor
vehicle must produce without delay his or her driving licence for inspection
whenever required to do so by an enforcement officer’. Fire Service drivers are
not exempt from this. Officers In Charge should therefore ensure that drivers
are able to produce their license if asked to do so by a police officer.
7.5.5 Maximum response Land Transport Rule 5.1 (1) requires that drivers must not exceed the
speeds
‘applicable speed limit’. However, Fire Service drivers who exceed the
applicable speed limit may offer a defence in law providing that:
‘The vehicle was an emergency vehicle being used in an emergency and was
operating a red beacon or a siren or both’ - Rule 5.1(3)(b).
7.5.6
NCI 58 sets out the maximum speeds to be observed relevant to the range of
posted and open road speeds, and also to intersections and crossings. Officers
In Charge must be familiar with these stipulations and ensure that they are
adhered to.
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7.5.7 Use of warning
Land Transport Rule 7.4(1) states that a driver
‘must not operate a vehicle that
devices
creates noise that, having regard to all the circumstances, is excessive.’
7.5.8
However, rule 7.4(4)(a) states that
‘the use of sirens fitted to an emergency
vehicle used on urgent occasions’ is authorised’. This includes the use of
sirens for the purpose of signalling a general evacuation from a building or
from the incident ground.
7.5.9
Rule 8.5(b) authorises the use of beacons provided they are fitted to an
emergency services vehicle being used in an emergency situation.
7.5.10 Use of seat belts
In accordance with NCI 58, Officers In Charge are to ensure that all personnel
wear fitted seat belts while the vehicle is in motion.
7.6 – Powers under Fire Service Agreements and Memoranda of Understanding
7.6.1
Although officers are not expected to be able to draft these agreements, they
are expected to know if such an agreement exists, if it applies within their
Region, and how to deal with a situation that arises within it.
7.6.2
S 38 of the Fire Service Act 1975 provides that the Commission may enter into
an agreement with the territorial authority for the protection from fire of any
rural area outside of the Fire District. This means that a response to this area is
made in accordance with this agreement and the conditions of it.
7.6.3
S39 of the Fire Service Act 1975 allows the Commission to enter into
agreements with Harbour Boards or owners of property outside the Fire
District. A response to this area should also be treated in accordance with the
agreement.
7.6.4
S15 of the Forest and Rural Fires Act 1977 allows any Fire Authority to enter
into an agreement with the Commission to provide specific equipment or
services in the event of fire within a rural area.
7.6.5
S16 of the Forest and Rural Fires Act 1977 extends the provisions of s15 to
incorporate owners of any property in a rural area entering into agreements for
the purpose of fire control.
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7.7 – Sectorisation – Internal Command Authority
7.7.1 Types of Fire
Experience has shown that when an officer and his/her crew are called upon to
District/Fire Authority
assist a neighbouring Fire District, or to provide support, and protocols are not
agreed in advance, problems can occur over just who is in charge and has
responsibility for the incident. It is important that Fire Service staff have a
good understanding of the types of Fire District/Fire Authority in New Zealand
and who exercises authority within them.
7.7.2 Urban Fire Districts Under the Fire Service Act (1975) the Fire Service is mandated to protecting
life and property from fire and other hazards, primarily within urban areas.
Depending on their size urban areas will be assigned to one or more Urban Fire
Districts. Within these Districts, the appointed Chief Fire Officer or the person
for the time being in charge of the Brigade exercises their own powers and
authority.
7.7.3 Rural Fire
The following is a useful description of the various types of Rural Fire
Authorities
Authority.
‘Outside urban areas, the National Rural Fire Authority promotes and
encourages rural fire co-ordination under the Forest and Rural Fires Act
(1977), with the responsibility to prevent, detect and extinguish fires falling on
Rural Fire Authorities.
Rural Fire Authorities are independent organisations with responsibilities for
fire control measures including prevention, restriction and suppression of fires
in forest and rural areas.
Each Rural Fire Authority falls into one of the following categories:
•
State Areas
•
Rural Fire Districts
•
Territorial Authorities
•
Defence lands.
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7.7.4 State areas
The Minister of Conservation, through the Department of Conservation, is the
Rural Fire Authority for the lands administered by the Department. This may
include a one-kilometre fire safety margin around Conservation land.
7.7.5 Rural Fire Districts
Landowners looking to provide greater fire protection for their lands, or
territorial authorities that wish to amalgamate their fire protection
responsibilities with neighbouring authorities, may establish a Rural Fire
District. Rural Fire Districts ranging in size from several thousand hectares to
three million hectares are currently in existence. The New Zealand Defence
Force is the Rural Fire Authority for eight Rural Fire Districts covering their
lands.
7.7.6 Territorial
Areas that are not covered by an Urban Fire District, a Rural Fire District, or a
authorities
State area are the responsibility of the Territorial Authority, which becomes the
Rural Fire Authority.
The National Rural Fire Authority provides support and co-ordination to Rural
Fire Authorities.’ Source – National Rural Fire Authority.
7.7.7 Clarity of command The command relationship between the Fire Service OIC and the Principal
Rural Fire Officer has already been explained (see paragraphs 3.3.6 and 3.3.7).
The command relationship between Fire Service Officers In Charge from
neighbouring urban fire districts is less obvious. An example of typical issues
would be when two Brigades respond to the same incident and the persons in
charge of each Brigade hold significantly differing ranks. If the person in
charge of the ‘first response’ Brigade is junior in rank to his/her counterpart
from the neighbouring Brigade (e.g. he/she is a Senior Firefighter while the
other is a Senior Station Officer), this can cause confusion over who should
take command. Where no protocols have been established in advance between
neighbouring Brigades, the more senior person should assume command. This
should be effected with agreement of both parties. In the interests of successful
incident management neighbouring Brigades should ensure that appropriate
protocols are established and clearly understood by all personnel who might be
called upon to act in a command role.
7.7.8
Section 28(4)(a) of the Fire Service Act states that the person,
for the time
being, in charge of the fire Brigade that responds to an in-district incident, will
control and direct all fire Brigades that attend. Practically, this means that the
most senior officer from that district may be seen as the Incident Controller.
However, at times this may not be the safest or wisest decision, e.g. when an
officer of greater seniority and experience arrives from a neighbouring District.
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Regions should have clear guidelines that establish who should act as the
person,
for the time being in charge of the fire Brigade. This may take
cognisance of seniority, experience and delegations to ensure that a
commonsense approach is taken with regard to incident command under these
circumstances.
7.7.9
The most senior officer in attendance from the District retains responsibility for
the incident, even if a more senior ranking officer subsequently arrives from
another district. However, the in-district OIC can choose (but cannot be forced)
to place their resources at the disposal of a more senior officer out-of District
officer and the latter will then become the incident controller.
Note: It is expected that officers will always co-operate in the best interests of
professional management of the incident.
7.8 – Control of Incidents Involving Multi Agency Response
7.8.1 CIMS environment
Incidents will be managed according to the protocols of the Coordinated
Incident Management System (CIMS).
7.8.2
In summary this means that normally the function of incident control will be
performed by the most senior person from the ‘lead agency’. The lead agency
will be the organisation with legislative or agreed authority for control of the
incident in question.
7.8.3
In practice the role of Incident Controller may have to be handed over if the
most appropriate lead agency is not first on the scene, or the situation changes
significantly (e.g. a fatality is discovered at a house fire or evidence of a crime
is discovered). In these situations the Police would take over as lead agency.
Extract
‘‘Initially, the Incident Controller will be the senior ‘‘first responder’’ to arrive at the sce
ne. As additional
responders arrive, control will transfer on the basis of which agency has primary authority for overall
control of the incident. As incidents grow in size or become more complex, the responsible jurisdiction or
agency may assign a more highly qualified Incident Controller.’’
Source – CIMS Blue Book 1998 Edition
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7.8.4
Command of personnel within each attending agency is retained intact and
performed by the most senior officer available from each agency.
In most cases, the designation of lead agency is obvious and unproblematic,
and directly related to the primary operational functions of agencies. However,
with complex incidents there is a possibility that confusion or even conflict can
occur over who takes on incident control. Situations like these are best
managed through ‘unified command,’ i.e. controlling the incident on a
‘committee’ basis. This requires that each agency involved understands the
responsibilities of the others and cooperates fully in assisting them.
7.9 – References and further reading
7.9.1 Brookers Library
The full text of the following may be obtained online via:
FireNet → Fire Applications → Brookers Library → Legislation Links
• Fire Service Act 1975
• Hazardous Substances and New Organisms Act 1996
• Forest and Rural Fires Act 1977
• Civil Defence Emergency Management Act 2002
Further information on qualifications and standards for emergency response
driving can be obtained on line via:
FireNet → Training/PDU → Training Materials → General → Links to
Manuals.
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