Modifications etc. (not altering text)
C1Part III: definition of "consumer" applied (01.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 176(7), 225(2).
C2Part III: definition of "water fittings" applied (01.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 15(1), 17(2).
C3Pt. 3 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C4Pt. 3 functions transferred and modified (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
C5Pt. 3: functions etc. assigned to the port health authority and modified (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
(1)A water undertaker shall, at the request of the owner or occupier of any factory or place of business, fix a fire-hydrant, to be used for extinguishing fires and not other purposes, at such place on any suitable water main or other pipe of the undertaker as is as near as conveniently possible to that factory or place of business.
(2)For the purposes of subsection (1) above a water main or other pipe is suitable, in relation to a factory or place of business, if—
(a)it is situated in a street which is in or near to that factory or place of business; and
(b)it is of sufficient dimensions to carry a hydrant and is not a trunk main.
(3)Subsection (5) of section 57 above shall not apply in relation to expenses incurred in compliance, in relation to a specially requested fire-hydrant, with the obligations under subsections (3) and (4) of that section.
(4)Any expenses incurred by a water undertaker—
(a)in complying with its obligations under subsection (1) above; or
(b)in complying, in relation to a specially requested fire-hydrant, with its obligations under section 57(3) or (4) above,
shall be borne by the owner or occupier of the factory or place of business in question, according to whether the person who made the original request for the hydrant did so in his capacity as owner or occupier.
[F1(4A)Where a specially requested fire-hydrant is removed (other than at the request of the owner or occupier of the factory or place of business in question) by a water undertaker in the course of carrying out works in relation to any of its water mains or other pipes, the cost of replacing the fire-hydrant shall be borne by the undertaker.]
(5)Subsections (6) to (9) of section 57 above shall apply in relation to the obligations of a water undertaker under this section as they apply to the obligations of a water undertaker under that section.
(6)In this section—
“factory” has the same meaning as in the M1Factories Act 1961; and
“specially requested fire-hydrant” means a fire-hydrant which—
(a)is fixed on a water main or other pipe of a water undertaker; and
(b)was fixed on that main or pipe (whether before or after it became such a main or pipe under the M2Water Act 1989) in pursuance of a request made by the owner or occupier of a factory or place of business.
Textual Amendments
F1S. 58(4A) inserted (1.4.2004) by Water Act 2003 (c. 37), ss. 84(2), 105(3); S.I. 2004/641, art. 3(v) (art. 6, Sch. 3)
Marginal Citations