Bylaws Part 11: Fire Control Bylaw
This Bylaw provides for the control and the prevention of the spreading of fires in Hastings District.
1.0 Short title and commencement
1.1 The title of this bylaw is the Hastings District Council Fire Control Bylaw 2007, being part 11 of the Hastings District Council Bylaws.
1.2 This Bylaw comes into force on 1 October 2007 and the Fire Control Bylaw being Part 11 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.
2.0 Scope
2.1 The scope of this Bylaw is complementary to the provisions of the Fire Service Act 1975 and amendments, Forest and Rural Fires Act 1977 and amendments, and the Forest and Rural Fires Regulations 2005.
2.2 The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2010 are incorporated into and form part of this bylaw.
2.3 This bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
3.0 Definitions
In this Bylaw, unless the context otherwise requires:
APPROVED means approved by the Territorial Authority.
BARBECUE means any fixed or portable equipment for the cooking of food.
COUNCIL means Hastings District Council or any duly authorised officer of Hastings District Council for the purposes of this Bylaw.
COMBUSTIBLE MATERIAL includes, but is not limited to, any articles, materials, or merchandise, or any rubbish, debris, empty or partly empty crates and other packages, shavings, hay, straw, oily rags or waste and other flammable or combustible materials and substances.
DULY AUTHORISED OFFICER means a Council officer authorised and warranted to administer and enforce the Hastings District Council Bylaws.
EXTREME FIRE HAZARD means a specified day or period during which an extreme fire hazard exists as defined by Forest & Rural Fires Act 1977 and subsequent amendments.
FIRE BURNING APPLIANCE means an appliance or device that supports combustion or the burning of fuel and shall include and not be limited to a brazier, gas heater or Mexican fire.
FIRE BRIGADE means a fire brigade as defined in Section 2 of the Fire Service Act 1975.
FIRE OFFICER means any authorised officer of the territorial authority or the Chief Fire Officer of a District, or the Deputy Chief Fire Officer, or, in the absence of both of them, the person for the time being in charge of the fire brigade.
INCINERATOR means an incinerator of an approved design used for burning domestic refuse comprising a combustion chamber with a maximum capacity of 0.25m3 constructed of steel or equally performing fire resistant material, supported and isolated from the ground by a fire resistant material, and located no closer than three metres from any boundary, building, vegetation or flammable or combustible material, or as otherwise approved by a Fire Officer.
OCCUPIER means, in relation to any premises, the owner and includes any tenant, agent, manager, foreperson or other person apparently acting in the general management or control of the premises.
OPEN AIR FIRE means a fire out in the open.
OPEN FIRE SEASON means a period of time, whether of fixed or indefinite duration, during which period the lighting of fires in the open air is neither prohibited nor restricted under this Bylaw.
PARK means a National or Regional Park, reserve, specially protected sites, or Department of Conservation areas (including fire safety margin of 1-kilometre) and other forest areas.
PERMIT in relation to the lighting of fires in the open air, means a fire control measure authorising a person to light such fires without committing an offence against this Bylaw.
PREMISES means both land and buildings and any part thereof.
PROHIBITED FIRE SEASON means a period of time, whether fixed or indefinite duration, including extreme fire hazard days, or a period specified pursuant to this Bylaw, during which period written permits are required by this Bylaw for the lighting of fires in the open air.
PUBLIC PLACE means every road, street, public highway, footpath, footway, court, alley, lane, access way, and thoroughfare of a public nature or open to or used by the public as of right, and every place of public resort, park or place to which the public have access.
RESTRICTED FIRE SEASON means a period of time, whether fixed or indefinite duration, specified pursuant to this Bylaw, during which period permits are required by this Bylaw for the lighting of fires in the open air.
TERRITORIAL AUTHORITY means any Territorial Authority within the meaning of the Local Government Act 2002.
TERRITORIAL AUTHORITY DISTRICT means any territory over which the territorial Authority has jurisdiction.
TRADITIONAL COOKING FIRES means any Hangi, Umu, or a similar fire in the open air used for the preparation of food using traditional cooking methods.
URBAN FIRE DISTRICT means a district as defined under the Fire Service Act 1975.
RURAL FIRE DISTRICT means a district constituted under the Forest and Rural Fires Act 1977 and the Rural Fire District Regulations 1979.
VEGETATION includes –
a) All plants and the produce thereof, live or dead, standing, fallen, wind blown, cut, broken, pulverised, sawn or harvested, natural or disturbed in use or as waste, rubbish, refuse or debris, stump, stubble or otherwise; and
b) Fossil fuel exposed at or lying within 20 metres of the surface of any land; and
c) Peat in any form, but does not include wood forming part of a structure or otherwise in processed form.
4.0 Fires in open air
4.1 Fires in the open air are permitted:
a) During an Open Fire Season
b) Pursuant to and in accordance with the conditions of a written permit issued during Restricted or Prohibited Fire Seasons by the Council or any person appointed by the Council to administer this Bylaw.
5.0 Permits for lighting fires in the open air
5.1 Notwithstanding provisions of Clause 4.1(b) of this Bylaw no person shall light a fire in the open air and no person being the occupier of any premises shall cause or allow any such fire to be lit there or continue to burn:
a) While a strong wind is blowing or when conditions are such that the fire is likely to spread beyond the limits of the premises; and
b) Which is within five metres of any part of a building, tree, hedge, fence or other combustible material: and
c) Between the hours of sunset and sunrise, without a permit; and
d) Without maintaining adequate supervision at all times.
6.0 Conditions of lighting barbeques, incinerator* fires and traditional cooking fires
*The Hawke's Bay Regional Council administers controls on burning of commercial and industrial waste. The burning of domestic waste is administered by Hastings District Council through this bylaw and should be limited to dry pruning and garden waste, untreated timber, paper and cardboard. Hastings District Council encourages waste minimisation and recycling as alternatives to burning.
6.1 No person shall light any outdoor barbecue, incinerator fire or traditional cooking fire, or allow the use of any barbecue, incinerator fire or the making of any traditional cooking fire:
a) Which by location, risk or spread, inadequate containment or prevailing circumstances or wind or otherwise constitutes or is likely to constitute a danger to any person or property; and
b) Without there being adequate means of extinguishing the fire (e.g. a pressurised water supply connected to a hose); and
c) Without maintaining adequate supervision at all times.
6.2 Notwithstanding clause 6.1, an incinerator shall be located no closer than three metres from any boundary, building, vegetation or flammable or combustible material.
7.0 Prohibition of fires during periods of extreme fire hazard
The Council may at any time where in its opinion special reasons exist to prevent the outbreak or spread of fire, specify any extreme fire hazard, or any restricted or prohibited fire season anywhere in the Hastings District and may at any time cancel or vary any such season.
The Council shall give public notice of any restricted or prohibited Fire Season or extreme fire hazard day or period specified under sub-clause 7(1) of this clause by:
a) Notice in the daily newspaper circulating throughout the district, and any other advertising that may be considered necessary.
7.3 No person shall light any fire in the open air and no person being the occupier of any premises or public place shall cause, or allow any such fires to be lit there or to continue to burn in contravention of any restriction or prohibition made under this clause.
8.0 Exemptions from prohibitions on lighting fires in open air
8.1 Subject to Section 20 of the Forest and Rural Fires Act 1977:
a) The occupier of any premises or public place in which an operation is being carried out which necessitates the use of fire in the open air may apply to the Council for an exemption from the Prohibited Fire Season imposed by Clause 7.1 of this Bylaw where that process or operation will be prejudicially affected by such Prohibition.
b) The organiser of any special occasion or event may apply to the Council for an exemption from the Prohibited Fire Season imposed by Clause 7.1 of this Bylaw. Applications should be made no less than 10 working days before the special occasion or event.
c) Upon receipt of any such application the Council may issue a Special Fire Permit in accordance with Schedule 2 of this Bylaw subject to any conditions as it considers fit to impose.
9.0 Flammable material in rubbish
9.1 Every occupier of premises or a public place shall ensure that combustible waste and rubbish is deposited in fire resistant containers and regularly removed from the premises.
10.0 Storage of combustable materials
10.1 Every occupier of premises or public place shall take all reasonable precautions in the storage of combustible materials to prevent or reduce to a minimum the risk of the materials causing or spreading fire, or causing danger from fire, or constituting an obstacle to the exit of persons from the premises in the event of fire, or hampering the operation of the fire brigade in the event of fire on the premises.
10.2 Where storage of combustible materials on any premises or public place is likely to constitute or create a fire hazard, the Council may on the recommendation of a duly authorised officer request the occupier of the premises or public place by notice in writing to take such steps as the Council deems fit to eliminate or reduce the risk of fire. The notice shall specify the requirements of the Council and the time within which the occupier shall comply with the terms of the requisitions.
Schedule 1 - Fire permit
- Fire permit (PDF 67kB)
Schedule 2 - Special fire permit
- Special fire permit (PDF 64kB)
