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Ancillary powers in relation to extinguishing fires.
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9.—(1) The person in control at a fire may, either personally or by a member of a fire brigade present at such fire or by a member of the Gárda Síochána, do (if necessary, by force) all such things as are, in his opinion, necessary or expedient for the purpose of extinguishing such fire or for protecting or rescuing persons or property from such fire and in particular, such one or more of the following things as are in his opinion necessary or expedient for any of those purposes, that is to say:—
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(a) enter any land or building;
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(b) cause any land or building to be vacated by the occupants thereof;
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(c) pull down or demolish any building or part of a building;
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(d) use any water supply, whether public or private;
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(e) take water from any watercourse, lake, or pond, whether natural or artificial.
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(2) Any person who wilfully obstructs or impedes the exercise by the person in control at a fire or by any member of a fire brigade or of the Gárda Síochána acting under his authority, of the powers conferred on such person by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
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(3) Where any damage to property is caused by the exercise in relation to any fire of a power conferred by this section, such damage shall, for all purposes and in particular for the purpose of any contract of fire insurance, be deemed to have been caused by such fire.
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(4) Any clause or condition inserted in a contract of insurance purporting to exclude or having the effect of excluding the risk of damage caused by the exercise of a power conferred by this section shall be void and of no effect where the risk of damage caused directly by the fire in relation to which such power is exercised would be covered by such contract.
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