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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 11/96

CONSOLIDATED NEWFOUNDLAND 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

        2.   Interpretation

        3.   Prohibition

        4.   Exceptions

        5.   Fire weather index

        6.   Lighting and smoking other materials

        7.   Use of flammable material

        8.   Further prohibitions

        9.   Wood stoves

      10.   Transportation of volatile flammable substances

      11.   Travel on forest land

      12.   Use of timber harvesting equipment

      13.   Logging or industrial operations

      14.   Notification of forest fires

      15.   Offence

      16.   Repeal


Short title

        1. These regulations may be cited as the Forest Fire Regulations and are in effect during the forest fire season.

48/95 s1

Interpretation

        2. (1) In these regulations

             (a)  "forest fire season" means a specific period as declared by order of the minister;

             (b)  "forest land" means land upon which are growing or standing trees or shrubs and includes dry marsh, bogland and land commonly known as barrens;

             (c)  "forest service" means the Newfoundland Forest Service;

             (d)  "industrial operation" means an operation on forest land or within 300 metres of forest land involving the use of machinery or equipment whether in a building or in the open;

             (e)  "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 also be described as

                      (i)  a timber cutting operation carried out under a commercial, domestic, or roadside restricted cutting permit, or under licence,

                     (ii)  a timber cutting operation 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

              (f)  "timber" means standing trees, felled trees, parts of standing or felled trees, shrubs, round logs, wood chips or logs that have been slabbed on one or more sides.

             (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

Prohibition

        3. A person shall not light a fire on forest land or within 300 metres of forest land during the forest fire season unless that person lights the fire under the authority of a permit to burn issued by the Minister of Natural Resources or the minister's designate under the Forestry Act.

48/95 s3

Exceptions

        4. Notwithstanding section 3, a person may light a fire on forest land or within 300 metres of forest land without a permit

             (a)  in a prepared location in a provincial, national, municipal or private park that has facilities to contain open pit fires when permission to light those fires is granted by a park attendant who is responsible for supervision in the park during the period the park is open to the public and every park shall have fully functional back tank pumps of a type approved by the forest service each with a 20 litre tank filled with water and located at a central point in the park where open pit fires are permitted and provided that there are at least 2 pumps for every 10 prepared sites in a park;

             (b)  on a sand or gravel beach or quarry if

                      (i)  the fire is located at a distance of not less than 15 metres from the nearest woods, brush or other flammable material,

                     (ii)  the fire does not exceed a surface area of 0.4 square metres,

                    (iii)  the fire is located at a distance of not more than 1.25 metres from a body of water whose surface area exceeds 10 square metres;

             (c)  in an incinerator unit if

                      (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 at least 15 metres from any 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 or extreme,

                    (iv)  all incinerator ash is totally extinguished before being discarded on mineral soil at least 15 metres from any woods, brush or other flammable material.

48/95 s4

Fire weather index

        5. (1) Open or outdoor fires are not permitted under paragraphs 4(a) and (b) when the fire weather index is high or extreme.

             (2)  All permits to burn issued under these regulations are invalid when a high or extreme fire weather index exists in the locality for which the permit has been issued.

48/95 s5

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

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)  All coals from a charcoal burning unit shall be totally extinguished before being discarded and shall not be discarded in any manner which may start a fire.

48/95 s7

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 or propane operated unit or is lit under permit; or

             (b)  leave the location of a fire until the fire has been completely extinguished.

48/95 s8

Wood stoves

        9. Nothing contained in these regulations shall be considered to prohibit the use of a wood stove provided the chimney or stove pipe is screened to prevent the escape of sparks or other burning material.

48/95 s9

Transportation of volatile flammable substances

     10. A Canadian Standards Association or Underwriters of Canada approved container shall be used to store or transport gasoline, fuel oil or similar volatile flammable substance on forest land.

48/95 s10

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 227 grams of ABC class dry chemical.

48/95 s11

Use of timber harvesting equipment

     12. (1) A person shall not use machinery or equipment in the harvesting of timber during the forest fire season unless the exhaust pipe of that 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 and the unit is equipped with a ULC listed ABC class dry chemical fire extinguisher.

             (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 his or her person containing a minimum of 227 grams of ABC class dry chemical.

48/95 s12

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. The back tank pump must have a capacity of 20 litres and 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 every 20 employees in the operation.

             (4)  The natural resources' official issuing the operating permit may specify deviations from the equipment requirements in paragraphs 3(a) and (b) should 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 the natural resources' official issuing the permit.

             (6)  A copy of the operating permit shall be on the operating site and shall be shown when requested by a natural resources' official.

             (7)  The operating permit may be cancelled by a natural resources' official for a breach of the Forestry Act or regulations.

             (8)  The operating permit may be temporarily suspended by a natural resources' official if the fire weather index for that locality rises to high or extreme.

48/95 s13

Notification of forest fires

     14. Where a forest fire occurs on forest land in an area where logging or industrial operations are being carried out the person carrying out the operations shall immediately notify the nearest forest management district office or ranger station and commence fighting the fire with all labour, materials, equipment and facilities at his or her disposal until relieved of this responsibility by a forestry official or the fire is extinguished.

48/95 s14

Offence

     15. A person who contravenes a provision of these regulations is guilty of an offence and is liable

             (a)  where a summons is issued by means of a violation ticket; or

             (b)  on summary conviction where the summons is issued other than by means of a violation ticket

to a penalty as specified by the Forest Fire Offence and Penalty Regulations.

48/95 s15

Repeal

      16. The Forest Fire Regulations, 1995, Newfoundland Regulation 48/95, are repealed.