CNLR 11/96 - Forest Fire Regulations under the Forestry Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 11/96 Forest Fire Regulations under the Forestry Act (O.C. 96-178) Amended by: 31/99 27/00 2001 c42 s45 31/02 23/19 38/20 25/26 CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 11/96 Forest Fire Regulations under the Forestry Act (O.C. 96-178) Under the authority of section 109 of the Forestry Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 1.1 Application 2. Interpretation 3. Rep. by 25/26 s4 4. Exceptions to requirement for permit to burn 5. Effect of fire weather index 5.1 Suspension of permit to burn 5.2 Suspension of operating permit 6. Lighting and smoking other materials 7. Use of flammable material 8. Further prohibitions 9. Wood stoves 10. Rep. by 25/26 s9 11. Travel on forest land 12. Use of machinery or equipment 13. Logging or industrial operations 14. Rep. by 25/26 s12 15. Rep. by 27/00 s3 16. Repeal Short title 1. These regulations may be cited as the Forest Fire Regulations . 48/95 s1; 25/26 s1 Back to Top Application 1.1 These regulations apply during the forest fire season. 25/26 s2 Back to Top Interpretation 2. (1) In these regulations (a) "Act" means the Forestry Act ; (b) "approved back tank pump" means a fully functional back tank that (i) has a 20-litre tank filled with water, and (ii) is of a type approved by the forest service; (c) "approved fire extinguisher" means an inspected and functioning fire extinguisher that contains a minimum of 4.5 kilograms of ABC class dry chemical, listed and labelled for use in Canada by a national testing laboratory recognized by the fire commissioner; (d) "fireworks" means the type of explosive classified in accordance with paragraph 36(2)(f) of the Explosives Regulations, 2013 under the Explosives Act (Canada); (e) "forest fire season" means a specific period declared by order of the minister; (f) "forest service" means the Newfoundland and Labrador Forest Service; (g) "logging operation" means the arrangements made for the purpose of carrying out the work involved in converting trees into timber, the loading and unloading of timber on and from trains, ships and trucks and the delivery of timber to a point of export or a point where it is converted into other products but does not include transportation of timber by a railway, steamship or trucking operator and for these regulations will include a timber cutting operation (i) carried out under a commercial, domestic or roadside restricted cutting permit, or under licence, (ii) on private land carried out for the purpose of obtaining sawlogs, pulpwood, fuelwood, fencing, fishing material, boat material or cutting a boundary right-of-way, and (iii) carried out for land or agriculture development; (h) "operating permit" means a permit issued under section 105 of the Act; (i) "park attendant" means a person who is responsible for supervision in the park during the period the park is open to the public; (j) "permit to burn" means a permit issued under section 98 of the Act; and (k) "sky lantern" means a lantern, balloon or other device that is designed to carry an open flame. (2) The declaration of the forest fire season may apply to the whole or a part of the province at different times and may be extended or shortened for the whole or a part of the province. 48/95 s2; 2001 c42 s45 ; 25/26 s3 Back to Top Rep. by 25/26 s4 3. [Rep. by 25/26 s4] 25/26 s4 Back to Top Exceptions to requirement for permit to burn 4. (1) A person may light a fire on land referred to in subsection 92(1) of the Act without a permit to burn as follows: (a) in a designated fire containment structure on a site in a provincial, municipal or private park provided that (i) permission to light a fire is granted by a park attendant, and (ii) either (A) the site has a readily accessible charged hose capable of delivering sufficient water pressure and volume to prevent the spread of fire from the open fire, or (B) the park has at least 2 approved back tank pumps and, where the park has more than 10 sites, at least 2 approved back tank pumps for every 10 sites, and the approved back tank pumps are accessible and located throughout the park to provide adequate coverage for sites that do not have hoses referred to in clause (A); (b) o n sand, gravel, rock, mineral soil or other non-combustible materials where (i) the fire is located at a distance of not less than one metre from any flammable material, (ii) the space directly above the one metre area around the fire is at least 3 metres from any overhanging trees, (iii) the fire does not exceed 0.5 metres in height and 0.5 metres in width, and (iv) the person has access, at all times , to (A) at least 8 litres of water, (B) a shovel, or (C) an approved fire extinguisher; (c) in an outdoor wood burning unit where (i) the unit is made entirely of non-combustible materials, (ii) the unit completely contains the fire, (iii) t he unit is screened to prevent the escape of sparks or other burning material, (iv) the unit rests on legs or supports and is placed on mineral soil or non-combustible material having a surface area of not less than 1.5 square metres, and (v) the unit is located not less than 3.5 metres from the nearest woods, brush or other flammable material; or (d) in an incinerator unit where (i) the unit completely contains the fire and is screened to prevent the escape of sparks or other burning material, (ii) the unit is located on private property and not less than 15 metres from the nearest woods, brush or other flammable material, (iii) the unit is in good working order and an attendant is on site if the fire weather index is high, very high or extreme, and (iv) all incinerator ash is totally extinguished before being discarded on mineral soil not less than 15 metres from the nearest woods, brush or other flammable material. (2) A person may discharge fireworks or light a sky lantern without a permit to burn or an operating permit. 48/95 s4; 31/02 s1 ; 23/19 s1 ; 38/20 s1 ; 25/26 s5 Back to Top Effect of fire weather index 5. (1) Notwithstanding paragraphs 4(1)(a), (b) and (c), a person shall not light an open or outdoor fire under paragraphs 4(a), (b) or (c) when the fire weather index is very high or extreme. (2) Notwithstanding subsection 4(2), a person shall not discharge fireworks or light a sky lantern when the fire weather index is high, very high or extreme, without the approval of the minister or a person designated by the minister. 48/95 s5; 31/02 s2 ; 23/19 s2 ; 25/26 s6 Back to Top Suspension of permit to burn 5.1. A permit to burn is automatically suspended where the fire weather index in the locality for which the permit to burn has been issued is high, very high or extreme. 25/26 s7 Back to Top Suspension of operating permit 5.2. (1) A forestry official may suspend an operating permit where the fire weather index in the locality for which the operating permit has been issued is high or very high. (2) Where the fire weather index in the locality for which an operating permit has been issued is extreme, the operating permit is, to the extent stated in the operating permit, suspended in accordance with the terms and conditions of the operating permit. (3) Notwithstanding subsection (2), where the fire weather index in the locality for which an operating permit has been issued is extreme and the operating permit has not been suspended under subsection (2), a forestry official may, where the forestry official determines it necessary, suspend the operating permit. (4) An operating permit that has been suspended under subsection (1), (2), or (3) may be reinstated by a forestry official while the fire weather index is high, very high or extreme where the forestry official determines that the risk of fire resulting from activities authorized under the operating permit is low. (5) Notice of a suspension under subsection (1) or (3) or a reinstatement under subsection (4) shall be given (a) orally; (b) in writing; or (c) in a manner that gives it the most prompt and adequate publicity. 25/26 s7 Back to Top Lighting and smoking other materials 6. Nothing contained in these regulations shall be considered to prohibit the use outdoors of a match or cigarette lighter used for the purpose of lighting a cigarette, cigar or pipe if the lighting and smoking of the cigarette, cigar or pipe is not made while the person lighting or smoking is in motion. 48/95 s6 Back to Top Use of flammable material 7. (1) Nothing contained in these regulations shall be considered to prohibit the use of a gas, kerosene, alcohol, propane or charcoal burning unit if not used within 3.5 metres of any woods, brush or other flammable material whether of the above kind or not. (2) [Rep. by 25/26 s8] 25/26 s8 Back to Top Further prohibitions 8. A person shall not (a) leave a fire unattended, whether or not it is contained in a prepared camp site, charcoal, gas, kerosene, alcohol, propane operated unit or outdoor wood burning unit or is lit under permit; or (b) leave the location of a fire until the fire has been completely extinguished. 48/95 s8; 31/02 s3 Back to Top Wood stoves 9. Nothing contained in these regulations shall be considered to prohibit the use of an indoor wood stove provided the chimney or stove pipe is screened to prevent the escape of sparks or other burning material. 48/95 s9; 31/02 s4 Back to Top Rep. by 25/26 s9 10. [Rep. by 25/26 s9] 25/26 s9 Back to Top Travel on forest land 11. (1) A person shall not travel through forest land during the forest fire season on an all-terrain or motorized vehicle unless the exhaust pipe of that vehicle is fitted in accordance with the manufacturer's original specifications with muffler and proper screening or baffling devices to prevent the escape of sparks or particles of burnt carbon and the exhaust system is kept clean of all debris. (2) The unit or operator shall be equipped with a fire extinguisher containing a minimum of 225 grams of ABC class dry chemical. 48/95 s11; 23/19 s3 Back to Top Use of machinery or equipment 12. (1) A person shall not use machinery or equipment in a logging or industrial activity during the forest fire season unless (a) the exhaust pipe of the machinery or equipment is fitted in accordance with the manufacturer's original specifications with muffler and proper screening or baffling devices to prevent the escape of sparks or particles of burnt carbon; (b) each piece of machinery and equipment is equipped at all times during operations in the forest fire season with an approved fire extinguisher; and (c) the unit is kept clean of all debris. (2) A person shall not use a power saw during the forest fire season unless the exhaust is fitted in accordance with the manufacturer's original specifications with muffler and proper screening or baffling devices to prevent the escape of sparks or particles of burnt carbon and the operator has a fire extinguisher on the operator’s person containing a minimum of 225 grams of ABC class dry chemical. 48/95 s12; 27/00 s2 ; 23/19 s4 ; 25/26 s10 Back to Top Logging or industrial operations 13. (1) A person shall not carry out a logging or industrial operation on forest land during the forest fire season unless the logging or industrial operation is carried out under an operating permit issued by the forest service. (2) The operating permit shall specify the conditions under which the logging or industrial operation shall be carried out. (3) The forest fire suppression equipment referred to in the operating permit issued under subsection (1) shall be provided at the operating site in the following ratio: (a) Employees Back Tank Pumps Axes Grubbers or Shovels 5 or less 1 1 1 6-10 2 2 2 11-15 3 3 3 16-20 4 4 4 Over 20 Add one back tank pump, one axe and 2 grubbers or shovels to the above figure for each group of 5 additional employees or fraction of that number of employees. The back tank pump must have a capacity of 20 litres and be of a type approved by the forest service; (b) one fully functional forest fire pump of a type approved by the forest service, complete with accessories and a minimum of 610 metres of forest fire hose for (i) every 20 employees in the operation; and (ii) for every 5 pieces of machinery or equipment, where the logging or industrial operation has more than 5 pieces of machinery or equipment. (4) A forestry official may specify deviations from the equipment requirements in paragraphs 3(a) and (b) where the forestry official determines that local operating conditions warrant deviations. (5) The actual location of the forest fire suppression equipment in relation to the operating site may be designated by a forestry official. (6) A copy of the operating permit shall be on the operating site and shall be shown when requested by a forestry official. (7) The operating permit may be cancelled by a forestry official for a breach of the Act or regulations. (8) [Rep. by 25/26 s12] 48/95 s13; 31/99 s3 ; 23/19 s5 ; 25/26 s11 Back to Top Rep. by 25/26 s12 14. [Rep. by 25/26 s12] 25/26 s12 Back to Top Rep. by 27/00 s3 15. Rep. by 27/00 s3 27/00 s3 Back to Top Repeal 16. The Forest Fire Regulations, 1995, Newfoundland Regulation 48/95, are repealed. CNR 11/96 s16