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The Fire and Rescue Services (Northern Ireland) Order 2006
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CHAPTER IVN.I.WATER SUPPLIES, ETC.
Supply and use of waterN.I.
Duty to secure water supplyN.I.
15.—(1) The Board shall take all reasonable measures for securing that an adequate supply of water will be available for the Board's use for the purposes specified in paragraph (2).
(2) The purposes referred to in paragraph (1) are–
(a)extinguishing fires;
(b)protecting life and property in the event of fires;
(c)rescuing persons in the event of road traffic accidents;
(d)protecting persons from serious harm in the event of road traffic accidents;
(e)carrying out any function conferred on the Board by an order under Article 7; and
(f)complying with any directions given to the Board under Article 56.
Use of waterN.I.
16.—(1) The Board may use any convenient or suitable supply of water for the purposes specified in Article 15(2).
(2) Subject to [F1—
(a)an agreement under Article 16A; and
(b)Article 207 of the Water and Sewerage Services (Northern Ireland) Order 2006,]
, the Board shall pay reasonable compensation for water used by virtue of paragraph (1).
Textual Amendments
F1Words in art. 16(2) substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 49(1) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
[F2Supply of water by water undertakersN.I.
16A.—(1) The Board may enter into an agreement with a water undertaker for the purposes of Article 15.
(2) An agreement under paragraph (1) may include terms as to payment to be made to the undertaker, subject to Article 207 of the Water and Sewerage Services (Northern Ireland) Order 2006.
(3) A water undertaker shall enter into any agreement reasonably proposed by the Board under paragraph (1).
(4) An obligation of a water undertaker under an agreement under paragraph (1), or under paragraph (3), is enforceable by the Department for Regional Development under Article 30 of the Water and Sewerage Services (Northern Ireland) Order 2006.
Textual Amendments
F2Arts. 16A, 16B inserted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 49(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
Emergency supply by water undertakersN.I.
16B.—(1) If the Board requests a water undertaker to provide a supply and pressure of water for the purposes of extinguishing a fire that is greater than the undertaker would otherwise provide, the undertaker shall take all necessary steps in order to do so.
(2) For the purposes of complying with its obligation under paragraph (1) a water undertaker may shut off the water from the mains and pipes in any area.
(3) No authority or person shall be liable to any penalty or claim arising because of anything done by a water undertaker in complying with its obligation under paragraph (1).
(4) A water undertaker commits an offence if, without reasonable excuse, it fails to take any step which it is obliged to take under paragraph (1).
(5) A water undertaker guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]
Textual Amendments
F2Arts. 16A, 16B inserted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 49(2) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
Fire hydrantsN.I.
Fire hydrantsN.I.
[F317.—(1) A water undertaker shall cause the location of every fire hydrant provided by it to be clearly indicated by a notice or distinguishing mark.
(2) A water undertaker may place such a notice or mark on a wall or fence adjoining a road or public place.
(3) The expenses incurred by a water undertaker under paragraph (1) in relation to a fire hydrant shall be borne by the Board.
(4) The Department may make regulations providing for uniformity in fire hydrants provided by water undertakers and in notices or marks indicating their location.
(5) An obligation of a water undertaker under paragraph (1), or regulations under paragraph (4), shall be enforceable by the Department for Regional Development under Article 30 of the Water and Sewerage Services (Northern Ireland) Order 2006.
(6) A person commits an offence if he uses a fire hydrant otherwise than—
(a)for the purposes of extinguishing fires; or
(b)for any other purpose specified in Article 15(2); or
(c)for any purpose authorised by the water undertaker or other person to whom the hydrant belongs.
(7) A person commits an offence if he damages or obstructs a fire hydrant, otherwise than in consequence of use for the purposes mentioned in paragraph (6).
(8) A person guilty of an offence under paragraph (6) or (7) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]
Textual Amendments
F3Arts. 17, 17A substituted for art. 17 (1.1.2007 for art. 17 for certain purposes, otherwise 1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3)(e), 308(1), Sch. 12 para. 49(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
[F4Notice of works affecting water supply and fire hydrantsN.I.
17A.—(1) A person who proposes to carry out works for the purpose of supplying water shall give at least 6 weeks' notice in writing to the Board.
(2) A person who proposes to carry out works affecting a fire hydrant shall give at least 7 days' notice in writing to the Board.
(3) If it is not practicable for a person to give notice as required by paragraph (1) or (2), he shall be regarded as having given the notice required by that paragraph if he gives it as soon as practicable.
(4) A person commits an offence if, without reasonable excuse, he fails to give notice as required by paragraph (1) or (2).
(5) A person guilty of an offence under paragraph (4) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.]
Textual Amendments
F4Arts. 17, 17A substituted for art. 17 (1.1.2007 for art. 17 for certain purposes, otherwise 1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2)(3)(e), 308(1), Sch. 12 para. 49(3) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
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