Victorian Consolidated Legislation

Country Fire Authority Act 1958 - SECT 38A

Fires for certain purposes to be lawful

38A. Fires for certain purposes to be lawful



(1) Section 37 does not apply to a person who lights a fire-

   (a)  for the purpose of meal preparation or personal comfort if-

   (i)  the air movement in the vicinity of the fire is no stronger than ten
        kilometres per hour;

   (ii) the fire is lit in a properly constructed fireplace or in a trench at
        least 30 centimetres deep;

   (iii) the fire is not within 7×5 metres of any log or stump;

   (iv) the ground and air space within a distance of three metres from the
        outer perimeters and uppermost point of the fire are clear of
        flammable material; and

   (v)  the fire does not occupy an area in excess of one square metre and the
        size of the fire and the dimensions of solid fuel used are the minimum
        necessary for the purpose; or

   (b)  for the purpose of burning refuse if-

   (i)  the fire is effectively restricted within an incinerator;

   (ii) the air movement in the vicinity is no stronger than 10 kilometres an
        hour;

   (iii) the ground and air space within a distance of three metres of the
        incinerator are cleared of all flammable material; and

   (iv) a supply of water adequate for the extinguishment of the fire is
        readily available at all times when the fire is burning; or

   (c)  for the purpose of extracting honey, heating bitumen, welding,
        gas-cutting, soldering, grinding or charring if-

   (i)  a shield or guard of fire resistant material is placed or erected in
        such a way as to prevent the emission of sparks, hot metal or slag
        from the fire;

   (ii) the area for a radius of at least 1×5 metres from the operation is
        clear of all flammable material or wetted down sufficiently to prevent
        the spread of fire;

   (iii) there is available for immediate use in the event of the fire a
        reticulated water supply or an effective water spray pump of the
        knapsack pattern with a tank capacity of not less than nine litres and
        fully charged with water; and

   (iv) cut-offs and electrode stubs from the operation are placed directly in
        a fire proof receptacle; or

   (d)  for the purpose of disposal of the by-products of sawmilling
        operations if the person complies with the regulations; or

   (e)  for the purpose of burning excess and unused gas in relation to an
        industrial or commercial undertaking if-

   (i)  the burner is maintained so that no accretion of carbon or flammable
        material occurs on or within the burner; and

   (ii) the base of the burner and the area around the burner is kept clear of
        flammable material for a distance of 3 metres or to the height of the
        burner (whichever is the greater) around the perimeter of the burner;
        or





   (f)  for the purpose of training in fire-fighting techniques if the
        training-

   (i)  takes place at a designated training venue approved by the Chief
        Officer; and

   (ii) has been approved by the Chief Officer.

(1A) For the purposes of subsection (1), properly constructed fireplace means
a fireplace that is constructed of stone, metal, concrete or any other
non-flammable material so as to contain the perimeter of the fire.

(2) Compliance with the requirements set out in this section in relation to
the lighting of a fire for a particular purpose does not of itself relieve a
person from liability for any damage sustained by another person as a result
of the lighting of the fire.