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Part 4: Fire Prevention and Smoke Nuisance Bylaw (Amended 1 March 2011)

1. Authority

1.1 This part is made under:

Sections 145 and 146 of the Local Government Act 2002; and
Section 64(1)(a) of the Health Act 1956.

2. Purpose

2.1 The purpose of this part is to:

Protect, promote, and maintain public health and safety by preventing danger from fires in the open air and reducing nuisance; and
Specify the mechanisms to prevent the spread of fires involving vegetation.

3. Relationship to Other Laws

3.1 Nothing in this bylaw derogates from the Forest and Rural Fires Act 1977 or any regulations made under that Act, e.g. the Forest and Rural Fire Regulations 2005.

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4. Interpretation

4.1 This part shall be in addition to the provisions of Part 1 Introductory and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail.

4.2 In this bylaw unless the context otherwise requires:

Definitions

Barbeque means any fixed or portable gas or solid fuel burning equipment or device designed or intended for the cooking of food in the open air.
Brazier means any open topped device for burning wood and designed for outdoor heating.
Defined urban area means an allotment located within a defined urban area (as shown in Appendix II of the Regional Air Quality Plan for Taranaki), where the allotment is less than 0.5 hectares in size, and is used primarily for residential purposes and is serviced by a weekly municipal refuse collection service.

The Regional Air Quality Plan is separate to this page and can be found on the Bylaws page.

Fire in the open air means any outdoor fire or traditional cooking fire situated in the open air
Fire officer means a person appointed as a rural fire officer (including the Principal Rural Fire Officer and members of the New Zealand Fire Service) under section 13 of the Forest and Rural Fires Act 1977.
Open air means in the open whether on, above, or below ground level away from any building or other construction.
Open fire season means a period of time, whether fixed or indefinite, during which the lighting of fires in the open air is unrestricted.
Outdoor fire means the burning of any material in the open air, including waste material, either on the ground or any form of incinerator, but does not include a fire used for cooking or heating purposes such as a barbeque, traditional cooking fire, brazier or chimineria.
Prohibited fire season means the period of time, whether fixed or indefinite, during which lighting of fires in the open air is prohibited.
Restricted fire season means the period of time, whether fixed or indefinite, during which the lighting of fires in the open air requires a permit.
Rural fire district means a rural fire district constituted under the Forest and Rural Fires Act 1977.
Smoke includes any fumes, gases, dust, soot, grit or other matters produced in the process of combustion.
Traditional cooking fire means any hangi, umu or similar cooking fire located outside and used for the preparation of food by traditional cooking methods.
Urban fire district means those urban areas in New Plymouth District which have been gazetted under section 26 of the Fire Service Act 1975 by the New Zealand Fire Service and includes New Plymouth, Bell Block, Waitara, Inglewood, Oakura, Okato and Urenui.

4.3 For the purposes of this part:

Any power function or duty in this part may be delegated to a member of the New Zealand Fire Service either generally or in any particular case, and
Members of the New Zealand Fire Service may be appointed as enforcement officers.

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5. General Conditions Relating to Fires in the Open Air

Clauses 5.1 to 5.4 regulate the lighting of fires, outside of defined urban areas to ensure that the safety risk from fires is minimised. These clauses apply to all fires outside of defined urban areas regardless of their location. Clause 5.1 prescribes conditions about where fires can be lit, supervising fires and what materials cannot be burnt.

Conditions for fires in the open air

5.1 No person shall cause to light any fire in the open air or allow any fire to remain lit in the open air at any time:

If the location, wind or other conditions are likely to cause the fire to become:
- A danger to any person or property; or
- Out of control or spread beyond the limits of any site or land or other property on which the fire is lit.
Which is within three metres of any part of a building.
Without maintaining active supervision at all times when the fire is lit.
Without extinguishing the fire (including the cooling of ashes and embers) prior to leaving the site of the fire unattended.
Where plastics, rubber, automotive fuels, liquid hydrocarbons, furniture, tyres or other toxic substances are part of the material burned.

Note: The Regional Air Quality Plan also contains rules about how fires may be lit and rules around what can be burnt in a fire.

Fire permits

5.2 No person shall light a fire in the open air other than:

During an open fire season when a permit is not required.
During a restricted fire season under and in accordance with the conditions of an authority or permit issued by a fire officer as set out in clause 7.3.
During a prohibited fire season under, and in accordance with, the conditions of a special permit issued by a fire officer as set out in clause 7.3.
In accordance with any resource consent under the Resource Management Act 1991 and any relevant requirements of the Regional Air Quality Plan of the Taranaki Regional Council.

No fire will create a nuisance

5.3 Nothing in this clause authorises or can be taken to authorise any person to light any fire in the open air that creates a nuisance or danger from fire to any person or property.

Smoke or waste nuisance

5.4 In the event of a wind change resulting in smoke or other waste material from the fire being directed onto a neighbouring property, the fire must be immediately extinguished.

Extinguishing fires

5.5 If, in the opinion of an enforcement officer or a fire officer, a nuisance or danger from the fire may occur, the enforcement officer or fire officer, as the case may be, may give such reasonable instruction to the person appearing to be in charge of the fire for the abatement of any nuisance or danger from the fire.

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6. Smoke and Noxious Fumes

Note: This clause includes smoke from indoor fires, outdoor cooking fires such as barbeques, and outdoor heating fires such as braziers.

Smoke nuisance

6.1 No occupier of any premises may permit smoke, noxious fumes or other matter to be emitted from any outdoor fire, chimney, fireplace, barbecue, brazier or traditional cooking fire or other device on such premises to such an extent as to:

Cause a nuisance to persons in the vicinity, or
Create a safety hazard to vehicles by limiting visibility on any road or airport runway.

Abatement

6.2 If, in the opinion of an enforcement officer or a fire officer, a nuisance is being caused, the enforcement officer or fire officer, as the case may be, may require the nuisance to be abated immediately.

Note: The Taranaki Regional Air Plan Rule 55 restricts the combustion of vegetation on production or on forested land to fires that do not:

Adversely affect people, structures or ecosystems or create offensive odours.
Restrict visibility on public amenity areas, places of public assembly, national park or places, areas or features of special significance to tangata whenua.
Disrupt traffic movements on land, sea or air.
Soil property.

7. Prohibited and Restricted Fire Seasons

Declaring a prohibited or restricted fire season in a rural fire district

7.1 A fire officer or authorised officer may at any time in accordance with section 22 of the Forest and Rural Fires Act 1977 and the Rural Fire Plan specify any restricted or prohibited fire season or seasons within any specified part or parts of the rural fire district, and may at any time cancel or vary the season or seasons.

Declaring a restricted or prohibited fire season in other areas

7.2 In addition to any fire season or seasons that may be specified by a rural fire district, the Fire Authority (being a council officer, fire officer or authorised officer) may by public notice specify any restricted or prohibited fire season or seasons within its district or in any specified parts of its district, and may in like manner at any time and from time to time cancel or vary the season or seasons.

Permits

7.3 In accordance with sections 23 and 24 of the Forest and Rural Fires Act 1977, a fire officer or authorised officer may grant an authority, permit or special fire permit to light a fire in the open air during a restricted or prohibited season.

7.4 Any person wishing to obtain an authority or permit under this clause must:

Apply in writing to the council; and
Pay the applicable fee set by the council under clause 8.

Note: Please see section 23 of the Forest and Rural Fires Act, which sets out the terms and conditions of a fire permit. Section 24 of this Act gives the council powers to impose additional conditions with respect to special permits during a prohibited fire season.

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8. Permit Fees

8.1 The council may by special consultative procedure set a fee for the issue of an authority or permit to light a fire in the open air during a restricted or prohibited season.

9. Urban Fires

9.1 No person may burn, or permit to or suffer to be burnt, any outdoor fire in a defined urban area for the purposes of the disposal of wastes.

9.2 Any person may burn, or permit to or suffer to be burnt, any outdoor fire in a defined urban area for the purposes of outdoor cooking or outdoor heating provided the fire complies with clause 5 to 7 of this bylaw.

Note: Rule 34 of the Regional Air Quality Plan “prevents the discharges of contaminants to air from the combustion of domestic waste products and green waste products within a defined urban area (as shown in Appendix II of the Regional Air Quality Plan), on allotments less than 0.5 hectares in size, and that are used primarily for residential purposes and are serviced by a weekly municipal refuse collection service”.

10. The Council may Extinguish Fires

10.1 Any enforcement officer, fire officer or agent of the council (including the New Zealand Fire Service) may extinguish any fire or direct the occupier of premises on which the fire is located, or the person who lit the fire, to extinguish the fire and recover its costs in doing so, if the fire has been lit or allowed to burn in contravention of any of the terms and conditions of this bylaw.