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Part 6 Fire Prevention

The objective of this part of the bylaw is to prevent the occurrence and spread of fires and controls the lighting of fires in or near urban areas (other than fires used for cooking purposes such as barbecues, hangi and umu).

The power of this part of the bylaw is in addition to, and not in derogation of, Section 650 of The Local Government Act 1974 and is complementary to the provisions of The Forest and Rural Fires Act 1977 and The Fire Services Act 1975.

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

BARBECUE 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.

OPEN AIR means in the open whether on or above 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 not restricted.

PRINCIPAL RURAL FIRE OFFICER means a Principal Rural Fire Officer appointed pursuant to The Forest and Rural Fires Act 1977.

PROHIBITED FIRE SEASON means the period of time, whether fixed or indefinite during which the 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.

RURAL in this part of the bylaw refers to all of New Plymouth District except urban fire districts and conservation estate as defined in The Forest and Rural Fires Act 1977.

URBAN in this part of the bylaw includes all areas that are gazetted by the New Zealand Fire Service as being in the urban fire district and/or includes any property located within the urban confines of New Plymouth, Bell Block, Waitara, Inglewood, Oakura, Okato and Urenui, or any other areas where groups of residential sized allotments are the predominant characteristic of the immediate neighbourhood.
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2.0 Fires in the Open Air
2.1 Urban Areas - Subject to clause 2.1 Part 8 Nuisances of this bylaw no person shall light a fire in or near any urban areas in the open air or allow a fire to remain alight other than in a properly constructed barbecue or as part of a traditional cooking process including hangi or umu. In such case, all reasonable steps shall be implemented to prevent any risk of spread of fire, or any nuisance being created to nearby residents on occupied property.

2.2 Rural Areas - No person shall light a fire in a rural area in the open air or allow a fire to remain alight other than:

a) During an open fire season when a permit is not required.

b) Pursuant to and in accordance with the conditions of a permit to light a fire in the open air:
- at any time during a restricted fire season; or
- at any time in an open fire season if the fire involves the large scale burn off of vegetation or other similar material produced on the land.

c) Pursuant to and in accordance with the conditions of a special exemption issued by an authorised officer during a prohibited fire season.

2.3 No fire shall be lit or allowed to remain alight in the open air at any time:

a) Where the location, wind or other conditions is likely to cause the fire to become :
- a danger to any person or property;
- out of control or spread beyond the limits of any site or land or other property on which it is lit or to be lit;
- a smoke nuisance to any person.

b) Within 3m of any part of a tree, hedge, fence or other combustible material, without specific approval from an authorised officer.

c) Within 10m of any part of a dwellinghouse.

d) During the night without specific approval from an authorised officer.

e) Without supervision being maintained at all times and the fire being adequately extinguished (including cooling of ashes and embers) prior to leaving the site unattended.
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2.4 a) Nothing in this part of the bylaw shall authorise or be deemed 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. Where in the opinion of an authorised officer a nuisance or danger from fire may occur, the authorised officer 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.

b) Where a nuisance or danger from fire is deemed to be created the person(s) who is responsible for lighting the fire or in control of the fire shall take all actions as directed at the time by an authorised officer. Where the fire is not supervised at the time, the authorised officer may take all actions as necessary to abate the risk from fire.

c) Any person(s) to whom a direction is given under clause 2.4(b) of this part of the bylaw and who fails to comply with that direction commits an offence against this bylaw, and an authorised officer may cause all things to be done as required under clause 2.4(b) of this part of the bylaw to abate the risk from nuisance or danger from the fire. Any such works shall be at the cost to and recoverable from the person lighting the fire or responsible for supervision of the fire whether that person is in attendance of the fire or not.

2.5 Any discharge from a fire in the open air shall be in accordance with The Resource Management Act 1991 and any relevant requirements of Taranaki Regional Council.

3.0 Permit to Light a Fire in the Open Air
3.1 Any person wishing to obtain a permit to light a fire in the open air in accordance with clause 2.2 of this part of the bylaw shall make application in writing to an authorised officer.

3.2 An authorised officer may prescribe a form of application for the purposes of clause 2.2 of this part of the bylaw.

3.3 Upon receiving an application under clause 2.2 of this part of the bylaw an authorised officer may issue a permit to light a fire in the open air and may impose any conditions and restrictions considered reasonably necessary having regard to any cultural requirements or practices, the location, terrain, natural vegetation, buildings or other constructions and protection of the safety, health and convenience of persons on the premises or adjoining land.
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4.0 Restricted/Prohibited Fire Seasons
4.1 a) An authorised officer may at any time in accordance with the Rural Fire Plan, specify any restricted or prohibited fire season or seasons within any specified part or parts of the rural district, and may at any time cancel or vary the season or seasons.

b) An authorised officer may at any time specify any restricted or prohibited fire season or seasons within any other area (including beaches and reserves), not being within the rural district. Such restrictions being imposed at the discretion of the authorised officer in consultation with the Principal Rural Fire Officer for the prevention of the spread of fire in that area.

4.2 Unless specifically exempted by an authorised officer no person shall light a fire in the open air and no person being the occupier of any premises shall cause or permit a fire to be lit there or to remain alight in contravention of any prohibition under clause 4.1 of this part of the bylaw.

4.3 Any person wishing to obtain an exemption to any prohibition imposed under clause 4.1 of this part of the bylaw shall make an application in writing to an authorised officer.

4.4 Upon receiving an application under clause 4.3 of this part of the bylaw the authorised officer in consultation with the appropriate Fire Officer, may issue an exemption in writing and may impose any conditions and restrictions considered reasonably necessary having regard to any cultural requirements or practices, the location, terrain, natural vegetation, buildings or other constructions and protection of the safety, health and convenience of persons on the premises or adjoining land.

4.5 Public notice of any restricted or prohibited fire season made under clause 4.1 of this part of the bylaw shall be given either by notice in a daily or community newspaper circulating in the dDistrict or by broadcast or other effective means as considered necessary.

5.0 Revocation or Suspension of Permit/Exemption
5.1 Subject to clause 5.2 of this part of the bylaw, every permit issued pursuant to clause 4.4 of this part of the bylaw and every exemption shall remain in force from the date of issue until the expiry of the period, date or time specified in the permit or exemption.

5.2 Any permit or exemption issued under this part of the bylaw may be revoked or suspended by an authorised officer at any time or suspended for a period or periods of time on any terms and conditions considered reasonable in the circumstances.

6.0 Permit Fees
6.1 The council may by resolution specify the fee payable for the issue of a permit to light a fire in the open air. The prescribed fee shall be paid when uplifting the permit.
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7.0 Live Ashes
7.1 No occupier shall place any live cinders, embers or ashes in or upon any premises other than:

a) In a container made and constructed of steel or other similarly fire resistant material to prevent the transmission of heat to any combustible material; or

b) In a pit or upon any fire-resistant substance in a manner which will prevent the spreading of fire or heat by the action of wind or otherwise.

c) As part of a traditional cooking process including hangi and umu.

8.0 Removal of Gorse and Other Growth
8.1 No occupier or any other person having the control of any land shall allow any broom, gorse, manuka, bushes, scrub, dry grass, or similar growth to exist within 5m of any building or adjoining premises in such a condition or state that it is a source of danger from fire.

8.2 An authorised officer may, by written notice, require an occupier, owner or person having control of any land to remove any growth as outlined in clause 8.1 of this part of the bylaw which in the opinion of the authorised officer is a source of danger from fire.

8.3 The council may cut down or otherwise eradicate and remove any broom, gorse, manuka, bushes, scrub, dry grass or similar growth to which clause 8.1 of this part of the bylaw applies, after giving written notice to the occupier or where there is no occupier, to the owner, of the land, if life, property or any road is in imminent danger and that person has failed to comply with the direction given in the written notice. The cost of the work shall be a charge against the owner (or land) and reasonable costs may be recovered by the council from the owner.
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9.0 Storage of Timber/Combustible Material
9.1 Except as provided in clauses 9.2 and 9.3 of this part of the bylaw, no occupier of any premises shall permit the storage or stacking in the open of any combustible material, (including timber and firewood), unless the distance of the stack from any boundary other than a street boundary is at least equal to the height of the stack, but in any case not less than 1.5m.

9.2 A stack may be placed closer to the boundary than the distance specified in clause 9.1 of this part of the bylaw if a brick, stone, or concrete wall extending not less than 450mm above and not less than 1.4m beyond the length of the stack, is situated between the stack and the boundary.

9.3 A stack may, with the written approval of the adjoining owner and an authorised officer, be placed closer to the boundary than the distance specified in clause 9.1 of this part of the bylaw where any of the following conditions continue to exist:

a) Where there is a brick, stone or concrete wall as defined in clause 9.2 of this part of the bylaw; or

b) Where there are no buildings on the adjoining land; or

c) Where there is no danger of a stack adjacent to a boundary increasing the risk of the spread of fire.

10.0 Storage of Hay
10.1 No occupier of any premises shall permit the storage or stacking in the open of more than 3 cubic metres of hay, or similar material unless the distance of the stack from any building, boundary, fence, private road, public place, or adjacent land is not less than 6 metres and the intervening space is at all times kept free from any rubbish or obstruction of any kind.

10.2 No occupier of any premises shall permit the storage of more than 1 cubic metre of hay or similar material in any building attached to, or at a distance of less than 6m from, any other building unless the first mentioned building has a roof of approved fire-resistant material and walls constructed wholly of brick, stone, or concrete or any combination of brick, stone and concrete and complying with the specifications mention in clause 9.2 of this part of the bylaw.

10.3 The provisions of clause 10.2 of this part of the bylaw shall not apply in any case where agricultural produce required for the keeping of horses is kept or stored in any building used only for the purpose of or in connection with a stable.
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