Fire Service (Miscellaneous) Regulations 2017

Fire Service (Miscellaneous) Regulations 2017

20 November 2017

I, the Lieutenant-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.

These regulations may be cited as the Fire Service (Miscellaneous) Regulations 2017.

These regulations take effect on 26 December 2017.

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 that is serviced by a reticulated water system that complies with Australian Standard AS 2419;

standard air/water extinguisher means an air/water extinguisher that – has a capacity of at least 9 litres; and is filled with water; and is charged; and is in good operating condition;

standard fire hydrant means a fire hydrant that is equipped with a forged 65 millimetre Storz coupling that has been approved by the Chief Officer;

standard fittings mean fittings that are capable of connecting standard fire hydrants, standard pumps, standard hoses and standard nozzles together so as to produce a fire-fighting stream of fire retardant materials;

standard hose means – a hose that complies with Australian Standard AS 2792; or a rubber hose rated at 2100kPa or higher;

standard knapsack pump means a knapsack pump that – has a capacity of at least 9 litres; and is filled with water; and is in good operating condition;

standard nozzle means a nozzle that has a shut-off valve and is capable of producing a variable fire-fighting stream of fire retardant materials;

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

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

A special gratuity granted under subregulation (1) is not to exceed the sum of $1 000 unless the Commission is satisfied that there are exceptional circumstances.

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.

The amount, if any, to be reimbursed under subregulation (1) is, in each case, at the discretion of the Commission.

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

For the purposes of section 48 of the Act, the following classes of land and premises are prescribed as land and premises to which that section applies:

premises that are prescribed buildings within the meaning of the General Fire Regulations 2010;

premises that are used, in whole or in part, as 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;

premises that are used, in whole or in part, as residential accommodation for 5 or more unrelated persons;

land or premises that are used, in whole or in part and whether routinely or occasionally, for the parking of multiple vehicles.

If premises in a reticulated water area are being used as a sawmill or wood-fuel mill, the occupier of the premises must ensure that the following kinds of fire-fighting equipment are located on the premises in sufficient numbers to cover the entire area of the mill's operation:standard fire hydrants; standard hoses; standard nozzles; standard fittings. Fine not exceeding 26 penalty units.

If premises outside a reticulated water area are being used as a sawmill or wood-fuel mill, the occupier of the premises must ensure that the following fire-fighting equipment, at a minimum, is located on the premises:a mobile tank, containing not less than 300 litres of water, and the means to move it; a standard pump; a standard hose; a standard nozzle; standard fittings;2 pulaskis, fire rakes or grubbing hoes. Fine not exceeding 26 penalty units.

If premises are being used as a landing for timber harvesting operations during the prescribed period, the occupier of the premises must ensure that the following fire-fighting equipment, at a minimum, is located on the premises:a mobile tank, containing not less than 300 litres of water, and the means to move it; a standard pump; a standard hose; a standard nozzle; standard fittings;2 pulaskis, fire rakes or grubbing hoes. Fine not exceeding 26 penalty units.

If 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 a person to operate a chainsaw on, or in connection with, the premises unless, within 100 metres of where the chainsaw is to operate, there is – a standard knapsack pump; or a standard air/water extinguisher. Fine not exceeding 26 penalty units.

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

cleared to bare earth; and wide enough to isolate the premises from all surrounding vegetation.

Fine not exceeding 26 penalty units.

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; solid-fuel engine means an engine that is being operated by solid fuel.

A person must not operate a solid-fuel engine outside an enclosed building unless – the dumping of coals or ash from the engine is confined to an area specified by an officer of the Fire Service; and the ash box of the engine is constructed so 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); and a spark arrestor is fitted to the smoke stack of the engine; and all other requirements, specified by an officer of the Fire Service, in respect of the engine are met. Fine not exceeding 26 penalty units.

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. Fine not exceeding 26 penalty units.

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. Fine not exceeding 26 penalty units.

This regulation applies to – a burner, incinerator, furnace or other engine or appliance used for the burning of wood waste or other flammable materials that is used, or installed, in or on premises used as a sawmill or factory; and a chimney, smoke-stack, exhaust-pipe or other outlet used in connection with such a burner, incinerator, furnace, engine or appliance.

A burner, incinerator, furnace or other engine or appliance to which this regulation applies may be inspected by – the Chief Officer; or an officer of the Fire Service; or if the burner, incinerator, furnace or other engine or appliance is in a locality declared to be a fire protected area under section 53(1) of the Act, a forest officer.