38AFires for certain purposes to be lawful

38A Fires for certain purposes to be lawful (1) Section 37 does not apply to a person who lights a fire— S. 38A(1)(a) amended by No. 50/1989 s. 13(a). (a) for the purpose of meal preparation or personal comfort if— (i) the air movement in the vicinity of the fire is no stronger than ten kilometres per hour; (ii) the fire is lit in a properly constructed fireplace or in a trench at least 30 centimetres deep; S. 38A(1)(a)(iii) repealed by No. 5/2012 s. 26(1). (iv) the ground and air space within a distance of three metres from the outer perimeters and uppermost point of the fire are clear of flammable material; and (v) the fire does not occupy an area in excess of one square metre and the size of the fire and the dimensions of solid fuel used are the minimum necessary for the purpose; or S. 38A(1)(b) amended by No. 50/1989 s. 13(a). (b) for the purpose of burning refuse if— (i) the fire is effectively restricted within an incinerator; (ii) the air movement in the vicinity is no stronger than 10 kilometres an hour; S. 38A(1)(b)(iii) amended by No. 5/2012 s. 26(2). (iii) the ground and air space within a distance of three metres from the outer perimeters of the incinerator are clear of flammable material; and (iv) a supply of water adequate for the extinguishment of the fire is readily available at all times when the fire is burning; or S. 38A(1)(c) amended by No. 5/2012 s. 26(3). (c) for the purpose of extracting honey, relocating bees, rail maintenance, heating bitumen, welding, gas-cutting, soldering, grinding or charring if— (i) a shield or guard of fire resistant material is placed or erected in such a way as to prevent the emission of sparks, hot metal or slag from the fire; (ii) the area for a radius of at least 1⋅5 metres from the operation is clear of all flammable material or wetted down sufficiently to prevent the spread of fire; (iii) there is available for immediate use in the event of the fire a reticulated water supply or an effective water spray pump of the knapsack pattern with a tank capacity of not less than nine litres and fully charged with water; and (iv) cut-offs and electrode stubs from the operation are placed directly in a fire proof receptacle; or S. 38A(1)(d) substituted by No. 2/1995 s. 13(g). (d) for the purpose of disposal of the by-products of sawmilling operations if the person complies with the regulations; or S. 38A(1)(e) inserted by No. 50/1989 s. 13(b). (e) for the purpose of burning excess and unused gas in relation to an industrial or commercial undertaking if— (i) the burner is maintained so that no accretion of carbon or flammable material occurs on or within the burner; and (ii) the base of the burner and the area around the burner is kept clear of flammable material for a distance of 3 metres or to the height of the burner (whichever is the greater) around the perimeter of the burner; or S. 38A(1)(f) inserted by No. 50/1989 s. 13(b). (f) for the purpose of training in fire-fighting techniques if the training— (i) takes place at a designated training venue approved by the Chief Officer; and (ii) has been approved by the Chief Officer. S. 38A(1A) inserted by No. 17/2003 s. 4, substituted by No. 5/2012 s. 26(4). (1A) For the purposes of subsection (1)— ***incinerator*** means a structure or device which is used, or may be used, for the destruction or disposal of unwanted materials by burning and is— (a) constructed from non-flammable material; and (b) fitted with a shield or guard of non-flammable material to prevent the emission of sparks, embers or other burning material; ***properly constructed fireplace*** means a fireplace that is constructed of stone, metal, concrete or any other non-flammable material so as to contain the perimeter of the fire. (2) Compliance with the requirements set out in this section in relation to the lighting of a fire for a particular purpose does not of itself relieve a person from liability for any damage sustained by another person as a result of the lighting of the fire. s. 40, 5191 s. 28, 5651 s. 6. S. 39 amended by Nos 6583 s. 6, 6956 s. 10(a)(b) (i)–(iii)(c), 7065 s. 2(Sch.), 7877 ss 2(1)(c), 8(a)(b), 21(a)(iii), S.R. No. 340/1973 reg. 2, s. 2(a), substituted by No. 10004 s. 8, amended by Nos 10235 s. 11(c), 5/2012 s. 27(3), 20/2019 s. 70.