Welding and cutting apparatus, use of in open air
39C Welding and cutting apparatus, use of in open air
A person shall not operate —
welding apparatus of any kind; or
power operated abrasive cutting discs of any kind,
in the open air, unless —
at least one fire extinguisher is provided at the place where the welding or cutting operation is carried out; and
the place referred to in paragraph (c) is surrounded by a firebreak which is at least 5 m wide.
[(2) deleted]
A bush fire control officer may, subject to the directions, if any, of the local government by which he was appointed, issue to a person operating —
welding apparatus referred to in subregulation (1)(a); or
a power operated abrasive cutting disc referred to in subregulation (1)(b),
or to the owner or occupier of the land upon which those operations are carried on, such directions as he considers necessary for the prevention of fire on that land and the person, owner or occupier, as the case may be, shall comply with those directions.
This regulation does not apply to hot work (as defined in regulation 24AA) that is prescribed under regulation 24E.
[Regulation 39C inserted: Gazette 12 Nov 1982 p. 4463; amended: Gazette 22 Dec 1998 p. 6857 and 6858; 5 Nov 2019 p. 3897.]
39CA. Bee smoker devices, use of in restricted or prohibited burning times etc.
In this regulation —
bee smoker device means a device used to generate smoke for the purposes of beekeeping;
prescribed period means —
the prohibited burning times; or
the restricted burning times; or
a day or any period of a day for which the fire danger forecast issued by the Bureau of Meteorology in Perth in respect of the locality where it is proposed to operate the bee smoker device is “catastrophic”, “extreme” or “high”.
For the purposes of section 27A(1)(a)(ii) of the Act, the operation of a bee smoker device in the open air is an operation likely to create a bush fire danger.
A person shall not operate a bee smoker device in the open air during a prescribed period unless —
at least one fire extinguisher is provided at the place where the device is operated; and
the ground within a distance of 3 m from the place referred to in paragraph (a) has been —
sufficiently cleared of inflammable material; or
sufficiently damped down with water,
to prevent the escape of fire.
A person who operates a bee smoker device in the open air during a prescribed period shall —
ensure that neither the lighting nor the operation of the device results in the ignition of inflammable material outside the device; and
place the device in a fire resistant container when it is alight but not being held by the person; and
extinguish the fire in the device on completion of its operation.
A bush fire control officer may, subject to the directions, if any, of the local government by which the officer was appointed, issue —
to a person operating a bee smoker device during a prescribed period; or
to the owner or occupier of the land on which that operation is carried out,
such directions as the officer considers necessary for the prevention of fire on that land and the person, owner or occupier, as the case may be shall comply with those directions.
[Regulation 39CA inserted: Gazette 22 Dec 1998 p. 6857‑8; amended: Gazette 1 Dec 2009 p. 4835; SL 2022/153 r. 11.]
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