Explanatory note: The council has powers under Section 146 (c ) of the Local Government Act 2002 to make a bylaw for the purpose of preventing the spread of fires in the open air. Any such bylaw is subject to Sections 20 to 22 of the Forest and Rural Fires Act 1977.
The aim of the bylaw is to prevent the spread of fires in the open air. The provisions of the Forest and Rural Fires Act 1977 and the Forest and Rural Fires Regulations 2005 also apply in rural areas.
There is provision for a prohibited fire season to be specified during periods of extreme hazard and for restrictions relating to the storage of timber, hay and other combustible materials.
The bylaw is in addition to the requirements of the Auckland Regional Council Air, Land and Water Plan and any other statute.
14.1 Specific definitions
These definitions apply specifically to this part of the Bylaw in addition to the general definitions in Part 1: General Provisions:
Barbecue - any equipment for cooking of food by exposure to direct flame or hot coals.
Fire officer - means any officer responsible for fire prevention and appointed by us or the New Zealand Fire Service.
Open air - any fire other than within:
(a) a barbecue; or
(b) a traditional cooking fire
Prohibited fire season - a period of time advised by public notice during which the lighting of fires in the open air is prohibited.
Restricted fire season - a period of time during which the lighting of fires in the open air is prohibited unless authorised by a written permit. This is a year round status unless changed by public notice.
Traditional cooking fires - any hangi or similar fire in the open air used for preparing food using traditional cooking methods.
Vegetation - includes all plant and wood material, fossil fuel and peat.
14.2 Fires in open air
14.2.1 You must not light any fire in the open air other than:
(a) in accordance with this part of the Bylaw; or
(b) during a restricted fire season without a written permit issued by a warranted rural fire officer; or
(c) during a prohibited fire season where an exemption has been granted under 14.5 of this bylaw.
14.2.2 You must not light any fire in the open air or allow it to continue to burn when:
(a) conditions are such that the fire is likely to spread beyond the limits of the land or premises;
(b) between the hours of sunset and sunrise, without specific permission from us; or
(c) without adequate supervision during any burning.
14.3 Conditions for lighting barbeques and tradtional cooking fires
14.3.1 You must not use or allow the use of any non gas fired barbecue or traditional cooking fire which causes or is likely to cause a danger to any person or property unless:
(a) there is immediately available an emergency water supply (such as a hose connection to a water supply) or other fire fighting equipment, and
(b) there is adequate supervision so that the cooking fire is not left unattended (includes gas fired barbecues).
14.4 Prohibition and restriction of fires during periods of extreme fire hazard
14.4.1 We may by public notice notify, cancel or vary a prohibited fire season or restricted fire season. We will give public notice in:
(a) a daily newspaper circulating throughout the District; and
(b) a weekly newspaper circulating throughout the District; and
(c) if necessary, by broadcast or other effective means within the District.
14.4.2 You must not light any fire in the open air in breach of any prohibition or restriction made under clause 14.4.1.
14.5 Exemptions from prohibited fire season
14.5.1 Where it is necessary for you, as occupier of any premises, to have the use of fire in the open air you may apply to us for an exemption from the prohibited fire season. We will only grant this exemption in cases where you would be prejudicially affected by the prohibition. We may also impose conditions on this exemption.
14.5.2 Any exemption we grant under this clause is subject to section 20 of the Forest and Rural Fires Act 1977.
14.6 Live ashes
14.6.1 No live ashes are to be kept on your premises unless they are stored:
(a) in a container made of steel or other fire resistant materials; or
(b) in a manner which will prevent the spreading of fire or heat.
14.7 Storage of timber
14.7.1 You must not store or stack outdoors any timber, or similar combustible material 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 not less than 1.5 metres.
14.7.2 You may place a stack closer to the boundary if a brick, stone, or concrete wall is situated between the stack and the boundary. This wall must comply with a minimum of 1 hour fire rating and extend at least 0.5 metres above and at least 1.5 metres beyond the length of the stack.
14.7.3 You may place a stack closer to the boundary if you have the written approval of the adjoining owner and us, and there is:
(a) a fire resistant wall without openings situated on the adjoining property and within 1.5 metres of the common boundary; or
(b) no building on the adjoining land.
14.8 Storage of combustible material
14.8.1 You must not:
(a) store or stack any hay, corn, straw, or similar material outdoors, unless the distance of the stack from any building or boundary is at least 6 metres and the intervening space is kept free from rubbish or obstruction of any kind; or
(b) store any hay, sawdust or similar material in any building at least 6 metres from any other building, unless the first building has a roof and walls of approved fire-resistant material which comply with clause 14.7.2 of this part of the Bylaw.
14.8.2 Clause 14.8.1 does not apply where agricultural produce required for horses or stock is kept or stored in any building used in connection with a stable.
14.8.3 You must not store or stack hay, sawdust or other combustible material outdoors or in a building not conforming with that in clause 14.8.1 where the stack or the building is less than 15 metres from living quarters or buildings on the adjacent properties.
14.9 Removal of gorse or other growth
14.9.1 You must not allow any broom, gorse, bushes, scrub, dry grass, or similar combustible growth to remain on land which you have control of where it is a fire hazard to any building or adjacent land.
14.9.2 We may, by written notice, require you to remove any dangerous growth within the time specified in the notice.
14.10 Breach of bylaw
14.10.1 Where we reasonably believe that any fire in the open air breaches this part of the Bylaw, a Fire Officer has the right to:
(a) extinguish the fire with the assistance of the fire service or by any other means available;
(b) recover the cost of extinguishing the fire from any person (including an occupier) who lit the fire or caused or permitted the fire to be lit; and
(c) proceed under section 183 of the Local Government Act 2002 to ensure the removal by the owner or occupier of the land or by us or our agents of vegetation or similar combustible materials and to recover the costs of doing so.
Schedule
Forest and Rural Fires Act 1977, section 23
Forest and Rural Fires Regulations 1979, Reg. 26
North Shore City Bylaw 2000
Fire Authority:
Fire Permit
TO
Name:
Address:
Phone:
You are authorised to light a fire in the open air under section 23 of the Forest and Rural Fires Act 1977, the North Shore City Bylaw and all other relevant laws. This is subject to you complying with the conditions in this permit.
Details
Locality:
(eg road, grid ref, etc)
Property:
(as requested by Fire Authority)
Material:
(eg scrub, with location on property and area to be burned)
Date(s) and Time of Day:
General:
(eg land clearing operation)
Conditions
Statutory conditions: see attached
Joint permit conditions: This is also a joint permit under the enactment(s) and on the conditions set out on the attached sheet(s) on behalf of:
Special Conditions:
Fire Officer :
Date:
PLEASE NOTE THAT EXTREME FIRE HAZARD NOTICES SUSPEND THIS PERMIT:
See condition 6
Notes for Information of Permitee
Under the Forest and Rural Fires Act 1977, the Forest and Rural Fires Regulation 1979 and the North Shore City Bylaw, there are compulsory conditions to this permit.
Open Air - has the meaning set out in Part 14:Fire Prevention Involving Vegetation of the North Shore City Bylaw 2000.
Wind etc - Do not light a fire in a strong wind, or in conditions likely to spread the fire or present a fire hazard (including when there is an adverse long-range weather forecast). Check the weather forecast.
Camping etc - If camping keep fire at least three metres clear of any tree, log, stump, or dry vegetation. Remove all combustible material within three metres of the fire site.
Patrol - You must patrol the fire until completely out or cannot spread.
Notice - Before lighting a controlled burn, you need to notify neighbours as directed.
Extreme Hazard - PERMITS ARE SUSPENDED by fire hazard emergency warnings or orders prohibiting all open fires. Check by radio, or ring the Fire Authority. If fire is essential in an emergency (eg stock disease) You must get a "special permit".
Showing Permit - This written permit must be produced on demand by a member of Police or Fire Officer.
Damage - A permit is not a legal defence against claims for damage caused by the fire.
Parks - Except where officially signposted, permits are needed at all times for open fires in National or Maritime Parks, in specially protected sites, and in other State forest areas (including their fire safety margins of usually 1 kilometre).
Escape - If the fire gets out of hand, try to extinguish it. Urgently notify the New Zealand Fire Service or a Fire Officer.
Offences - It is an offence to:
(a) light an open air fire without the appropriate permit;
(b) break permit conditions;
(c) let a fire spread to and injure a State area, forest area, specially protected property; or
(d) leave it unprotected against such spread.
Joint Permits - You must obtain further permits from soil conservation, Crown, or other statutory fire authorities whose approval is required, if this is not a joint permit signed on their behalf.
Landholder - Separate consent by the landholder may be needed.
Revocation - THIS PERMIT CAN BE REVOKED ON NOTICE AT ANY TIME WITHOUT PRIOR WARNING.