Fire and Rescue Services Act 2004

Fire and Rescue Services Act 2004

2004 CHAPTER 21

Commentary on Sections

Part 5: Water Supply

Section 42: Fire hydrants

71. Access to the water supply is by connection to a fire hydrant. Hydrants may be fitted by a water undertaker at the request of a fire and rescue authority. Section 41(1) requires a water undertaker to mark the location of every fire hydrant with a notice or distinguishing mark and under subsection (3) the costs of doing this can be charged to the fire and rescue authority in whose area the hydrant is situated. This re-enacts provisions in section 14(3) of the Fire Services Act 1947.

72. Subsection (4) enables the Secretary of State to make regulations providing for uniformity in fire hydrants and the distinguishing notices and marks indicating their location. This re-enacts section 14(6) of the 1947 Act.

73. Subsection (5) makes any obligation of a water undertaker under subsection (1) and (4) enforceable by the Secretary of State under section 18 of the Water Industry Act 1991, which gives the Secretary of State power to make an enforcement order to secure compliance with any statutory or other requirement. This re-enacts section 14(4) of the 1947 Act.

74. Subsection (6) makes it an offence for any person to use a fire hydrant other than for the purpose of fire-fighting or any other purpose of a fire and rescue authority; or other than for any purpose authorised by the water undertaker or other person to whom the hydrant belongs.

75. Subsection (7) makes it an offence to damage or obstruct a fire hydrant. Under subsection (8) a person guilty of an offence under subsection (6) and (7) is liable on summary conviction to a level 2 fine. Subsections (6), (7) and (8) re-enact section 14(5) of the 1947 Act.