South Australian Consolidated Regulations

FIRE AND EMERGENCY SERVICES REGULATIONS 2005 - REG 32A

32A—Fires permitted under section 79(2) of Act

        (1)         For the purposes of section 79(2) of the Act, a fire may be lighted or maintained in the open air in the following circumstances:

            (a)         a fire for cooking or personal comfort may be lighted or maintained provided that—

                  (i)         the fire is contained in a properly constructed fire place, a portable cooking appliance or a trench at least 30 cm deep; and

                  (ii)         the space immediately around and above the fire is cleared of all flammable material to a distance of at least 4 m; and

                  (iii)         the fire does not occupy an area in excess of 1 m ² ; and

                  (iv)         a person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished; and

                  (v)         an appropriate agent adequate to extinguish the fire is at hand;

            (b)         a fire for the burning of refuse may be lighted or maintained provided that—

                  (i)         the fire is contained within a properly constructed incinerator; and

                  (ii)         the space immediately around and above the fire is cleared of all flammable material to a distance of at least 4 m; and

                  (iii)         a supply of water adequate to extinguish the fire is at hand; and

                  (iv)         a person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished;

            (c)         a fire for heating bitumen, welding, gas-cutting, soldering or charring may be lighted or maintained provided that—

                  (i)         a shield or guard of fire-resistant material is positioned around the fire to prevent the escape of sparks, hot metal or slag; and

                  (ii)         the space immediately around and above the fire is cleared of all flammable material to a distance of at least 4 m, or wetted sufficiently to prevent the spread of fire; and

                  (iii)         a supply of water adequate to extinguish the fire is at hand; and

                  (iv)         if any equipment is removed from the fire, the equipment is immediately placed in a fire-proof receptacle; and

                  (v)         a person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished;

            (d)         a fire may be lighted and maintained in accordance with the conditions of a permit;

            (e)         a fire may be lighted and maintained if specifically authorised for the purposes of section 79(2) of the Act under another regulation.

        (2)         The Chief Officer may, by notice in the Gazette, prohibit or restrict the lighting and maintaining of fires under subregulation (1)(a), (b) or (c) in the whole or a specified part of the State.

        (3)         The Chief Officer may, by further notice in the Gazette, vary or revoke a notice under subregulation (2).

        (4)         The Chief Officer must consult with any council for an area that would be affected by a notice under this regulation before the notice is made.