Access and Forcible Entry

Scope

This Operational Guideline outlines the process for obtaining access and making forcible entry in association with firefighting and related activities.

Fundamental Protocols underpin the actions of all NSW Rural Fire Service (RFS) members and must be adhered to at all times. They outline the Principles of being an RFS member and provide guidance on conduct to support the safety and wellbeing of members.

Guiding Principles

• Any officer of the rank of Deputy Captain or above, in possession of a current Authority Card can enter premises in NSW, without notice, if:
  • Signs of fire (including smoke, flames, odours, heat, or sounds) are emanating from the premises;
  • Cries of distress or alarm are emanating from the premises;
  • There is reasonable concern that fire is present on the premises or that persons are trapped and perhaps unable to call for help; and/or
  • For the purposes of investigating the cause and origin of a fire or for determining whether a person was trapped by the fire or incident, following the incident.
• Forcible entry includes the use of tools or equipment to gain access to secured premises, or property or to parts of a building or vehicle.
• Force may be used:
  • To protect persons, property, or the environment from existing or imminent danger; and
  • If the damage or injury incurred using force is likely to be less than the damage or injury that would result if force was not used.
• If there is no sign or suspicion of fire at secured premises to which a call has been received, await the arrival of a key-holder rather than commencing forcible entry.
• If an owner or occupier actively prevents access, you may not use force unless the Police are present and have directed the use of force, or that the RFS officer is of the opinion that delay may place a person’s life at risk.
• If an officer uses force to enter a premises, they must as soon as practicable report the action to FireCom.

Special Considerations

• In situations where there is no officer attending the incident, authority to access or use force may be provided by a District Duty Operations Officer (DDOO) or the Operational Communications Centre (OCC) Supervisor.
• When forcing entry through gates, you may be required to cut chains. If so, cut the chain as close to the lock as possible and ensure gates are secured on conclusion.
• When cutting through wire fences for access, use diagonal cuts so that temporary repairs can be made to the fence afterwards.
• Minimise overall damage during any forcible entry. Use standard means of entry (doors, windows, stairs, etc.) in preference to non-standard means of entry (e.g., ladders, through roof tiles, cutting in, etc.) where possible.
• Use forcible entry tools in such a way as not to cause a risk of injury to the operator, any persons trapped and any persons nearby.

Related Information

• Rural Fires Act 1997
• Service Standard 1.3.2 Powers of Officers
• SERM Act 1989