Fire Service (Miscellaneous) Regulations 2007

Fire Service (Miscellaneous) Regulations 2007

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the State Fire Commission, make the following regulations under the Fire Service Act 1979 .

W. J. E. COX

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Police and Emergency Management

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Fire Service (Miscellaneous) Regulations 2007 .

2.   Commencement

These regulations take effect on 1 January 2008.

3.   Interpretation

In these regulations –

Act means the Fire Service Act 1979 ;

prescribed period means the period commencing on 1 October in any year and ending at midnight on the following 30 April;

reticulated water area means an area serviced by a reticulated water system complying with Australian Standard AS 2419;

standard airwater extinguisher means an airwater extinguisher that –

(a) has a capacity of at least 9 litres; and

(b) is filled with water; and

(c) is charged; and

(d) is in good operating condition;

standard fire hydrant means a fire hydrant equipped with a 64mm male 5V thread outlet;

standard fittings means fittings capable of connecting standard fire hydrants, standard pumps, standard hoses and standard nozzles together so as to produce a fire-fighting stream;

standard hose means –

(a) a hose complying with Australian Standard AS 2792; or

(b) a rubber hose rated at 2 100kPa or higher;

standard knapsack pump means a knapsack pump that –

(a) has a capacity of at least 9 litres; and

(b) is filled with water; and

(c) is in good operating condition;

standard nozzle means a nozzle having a shut-off valve and capable of producing a variable fire-fighting stream;

standard pump means a self-priming centrifugal pump producing a pressure of not less than 400kPa at shut-off.

PART 2 - Administrative

4.   Special gratuities

(1)  The Commission may grant a person a special gratuity in respect of voluntary or special services the person has rendered to a brigade or group of brigades.

(2)  A special gratuity is not to exceed the sum of $1 000.00 unless the Commission, because of exceptional circumstances, approves the granting of a greater sum.

5.   Reimbursement of volunteer expenses

(1)  A volunteer who incurs out-of-pocket expenses in the course of fire-fighting duties is, on the recommendation of the Chief Officer, entitled to be reimbursed by the Commission.

(2)  The amount reimbursed is, in each case, at the discretion of the Commission.

6.   Prescribed superannuation scheme

For section 24(6) of the Act, the State Fire Commission Superannuation Scheme is a prescribed superannuation scheme.

PART 3 - Fire Safety

7.   Land and premises to which section 48 of the Act applies

For section 48 of the Act, the following classes of land and premises are prescribed:

(a) premises that are prescribed buildings within the meaning of the General Fire Regulations 2000 ;

(b) premises used, in whole or in part, for the residential accommodation for 3 or more unrelated persons who each have a disability and would, on that account, require assistance to evacuate the premises in an emergency;

(c) premises used, in whole or in part, for the residential accommodation of 5 or more unrelated persons;

(d) land or premises used, in whole or in part and whether routinely or occasionally, for the parking of multiple motor vehicles.

8.   Fire-fighting equipment for sawmills, wood-fuel mills and timber landings

(1)  Whenever any premises in a reticulated water area are being used as a sawmill or wood-fuel mill, the occupier of the premises must ensure that they are provided with sufficient fire-fighting equipment of the following kind to cover the entire area of the mill's operation:

(a) standard fire hydrants;

(b) standard hoses;

(c) standard nozzles;

(d) standard fittings.

Penalty:  Fine not exceeding 26 penalty units.

(2)  Whenever any premises outside a reticulated water area are being used as a sawmill or wood-fuel mill, the occupier of the premises must ensure that they are provided with at least the following fire-fighting equipment:

(a) a mobile tank, containing not less than 300 litres of water, and the means to move it;

(b) a standard pump;

(c) a standard hose;

(d) a standard nozzle;

(e) standard fittings;

(f) 2 pulaskis, fire rakes or grubbing hoes.

Penalty:  Fine not exceeding 26 penalty units.

(3)  Whenever any premises are being used as a landing for timber harvesting operations during the prescribed period, the occupier of the premises must ensure that they are provided with at least the following fire-fighting equipment:

(a) a mobile tank, containing not less than 300 litres of water, and the means to move it;

(b) a standard pump;

(c) a standard hose;

(d) a standard nozzle;

(e) standard fittings;

(f) 2 pulaskis, fire rakes or grubbing hoes.

Penalty:  Fine not exceeding 26 penalty units.

(4)  Whenever any premises are being used as a sawmill, wood-fuel mill or landing for timber harvesting operations during the prescribed period, the occupier of the premises must not cause or allow any person to operate a chainsaw on or in connection with the premises unless, within 100 metres of where that chainsaw is operated, there is –

(a) a standard knapsack pump; or

(b) a standard airwater extinguisher.

Penalty:  Fine not exceeding 26 penalty units.

9.   Firebreaks for sawmills and wood-fuel mills

Whenever any premises are being used as a sawmill or wood-fuel mill during the prescribed period, the occupier of the premises must ensure that they are surrounded by a firebreak that is –

(a) cleared to bare earth; and

(b) wide enough to isolate the premises from surrounding vegetation.

Penalty:  Fine not exceeding 26 penalty units.

10.   Open-air operation of solid-fuel engines

(1)  A person must not operate a solid-fuel engine outside an enclosed building except on the following conditions:

(a) the dumping of coals or ash must be confined to an area specified by an officer of the Fire Service;

(b) the ash box of the engine must be so constructed that burning material cannot escape from it except when coals or ash are being cleared out for dumping in the area referred to in paragraph (a) ;

(c) an approved spark arrestor must be fitted to the smoke stack;

(d) such other requirements as may be specified by an officer of the Fire Service must be met.

Penalty:  Fine not exceeding 26 penalty units.

(2)  On a day of total fire ban throughout the State, a person must not operate a solid-fuel engine outside an enclosed building in any part of the State.

Penalty:  Fine not exceeding 26 penalty units.

(3)  On a day of total fire ban in a part of the State, a person must not operate a solid-fuel engine outside an enclosed building in that part of the State.

Penalty:  Fine not exceeding 26 penalty units.

(4)  In this regulation –

day of total fire ban means a day that is declared under section 70 of the Act to be a day of total fire ban.

11.   Inspection of engines and appliances

An engine or appliance of a kind referred to in section 132(2)(a) of the Act may be inspected by –

(a) the Chief Officer; or

(b) an officer of the Fire Service; or

(c) if the engine or appliance is in a locality declared to be a fire protected area under section 53(1) of the Act, a forest officer.

12.   Routine inspection of fire hydrants and fireplugs

A brigade chief may –

(a) cause the fire hydrants and fireplugs within the brigade's operational district to be inspected as often as the brigade chief considers necessary; and

(b) report any fault or damage found through any such inspection to the owner or occupier of the land or building on or in which the relevant fire hydrant or fireplug is located.

13.   Fires for burning, &c., wood waste, &c., from use of sawmills and factories

(1)  During a fire permit period, a person must not light, maintain or use in the open air a fire to burn or destroy any wood waste or other flammable material produced on premises used as a sawmill or factory except in accordance with a permit granted for that purpose by a fire permit officer.

Penalty:  Fine not exceeding 26 penalty units.

(2)  However, a fire permit officer may only grant a permit under subregulation (1) with the consent of, and on such conditions as may be determined by –

(a) for an operational district, the brigade chief of that operational district; or

(b) for any other area, the Chief Officer.

(3)  Without limiting subregulation (2) , a brigade chief or the Chief Officer may determine that a permit under subregulation (1) is to contain a condition that –

(a) if the burning or destruction of any wood waste or other flammable material is done in a pit, the surface of the burning materials is to be at least 1.5 metres below the level of the top of the pit; or

(b) if the burning or destruction of any wood waste or other flammable material is done on the surface of the ground, the site of the fire is to be enclosed by a fence made of solid non-flammable material and at least 2 metres high.

(4)  A permit under subregulation (1) is to be in an approved form.

(5)  A permit under subregulation (1) may, by notice, be revoked or amended at the direction of the Chief Officer or the chief of the brigade operating in the operational district in respect of which the permit was granted.

(6)  A person who is refused a permit under subregulation (1) may appeal to the Commission against the refusal.

(7)  An appeal under subregulation (6) is to –

(a) be in writing; and

(b) set out the grounds of appeal; and

(c) be supported by such evidence or information as the Commission may require.

(8)  As soon as practicable after receiving an appeal under subregulation (6) , the Commission is to –

(a) investigate the appeal; and

(b) determine the appeal on such conditions as it considers appropriate in the circumstances; and

(c) give the appellant written notice of its determination.

14.   Fires to which section 69 of the Act applies

A fire that is lit, maintained or used to burn domestic garden refuse, where the burning is done in heaps not exceeding one cubic metre in volume or in an incinerator, is prescribed as a class of fire for section 69 of the Act.

15.   Hindering inspections

A person must not hinder or obstruct an inspection under regulation 11 or 12 .

Penalty:  Fine not exceeding 26 penalty units.

PART 4 - Miscellaneous

16.   Misuse of Fire Service insignia, &c.

A person must not, for any purpose not authorised by the Commission or Chief Officer, use a badge or uniform issued by the Fire Service.

Penalty:  Fine not exceeding 26 penalty units.

17.   Provisions as to notices

(1)  For section 116(1)(d) of the Act, a notice may be served on or given to a person (in this regulation referred to as "the recipient") by –

(a) direct word of mouth; or

(b) telephone; or

(c) fax; or

(d) email.

(2)  A person who serves or gives a notice in the manner provided by paragraph (a) or (b) of subregulation (1) must, as soon as practicable after so doing, serve on or give the recipient a notice in writing under section 116(1)(a) , (b) or (c) of the Act in the same or substantially the same terms as the first-mentioned notice.

Penalty:  Fine not exceeding 5 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 December 2007

These regulations are administered by the Tasmania Fire Service.