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FIRE SERVICE AND GENERAL FIRE SAFETY TOPICS => General Interest => Topic started by: Rich on April 26, 2006, 03:30:15 PM

Title: Bonfires
Post by: Rich on April 26, 2006, 03:30:15 PM

From time to time we get called to 'bonfire out of control' type incidents, usually motivated by an angry neighbour because the of the large amounts of smoke going over their washing etc.  Is there any written down legislation about bonfires in gardens?  

I have been told about several different 'laws' but have never seen them in writing.  Obviously common sense prevails at most incidents but we are continuously asked what the law is.

Any thoughts?

Title: Bonfires
Post by: wee brian on April 26, 2006, 04:37:58 PM

There is something in the highways act about fires close to the highway likely to result in a hazard to drivers (limited visibility etc).

there may be something in the environmental protection act - an EHO could probably give the chapter and verse.

Title: Bonfires
Post by: Ricardo on April 27, 2006, 08:42:02 PM

You could have a look at this for guidance, handy if you're north of the border, maybe something similar in the south.

http://www.opsi.gov.uk/ACTS/acts1993/Ukpga_19930011_en_3.htm#mdiv17

Title: Bonfires
Post by: fred on April 28, 2006, 12:40:42 PM

wee brian is spot on ...
Enviroment Protection Act 1990 sections 79-82 - all about Statutory Nuisances - and smoke is one of them

Title: Bonfires
Post by: wee brian on April 28, 2006, 01:26:33 PM

Seeing as Fred did his homework I looked up the Highways Act - Section 161A of the Highways Act 1980.

Its not online but it deals with fires that could cause a hazard on the highway.

Title: Bonfires
Post by: Rich on May 04, 2006, 11:32:12 AM

Many thanks for your responses.

Title: Bonfires
Post by: p.b.morgan on May 08, 2006, 04:50:28 PM

P.S. Like many people I thought that there were Bylaws that applied to bonfires - there aren't. The EPA 1990 covers domestic bonfires and the Clean Air Act 1993 bthe commercial ones like tyres.

Title: Bonfires
Post by: Pip on August 29, 2006, 01:14:10 PM

As mentioned the local EHO has the enforcement powers-although first they have to prove that it is a 'statutory nuisance' and therefore may need more than one incident to prove this.Many years ago at a bonfire incident the police did threaten the individual with an offence under the RTA for allowing smoke to drift across a road.I have usually found the mere mention of the existence of these offences tends to persuade people it may be in their interests to have their bonfire put out.

Title: Bonfires
Post by: Firewolf on September 15, 2006, 12:18:35 PM

Yeah good one this - the Fire and Rescue Services Act 2004 allows the fire service to intervene should it feel a bonfire is getting out of control and thus a threat to property to life.

This is a reactive soution rather than a proactive one - ie a fire safety inspector can not prevent a bonfire being built - the only action that can be taken (from the fire seervice viewpoint) is when it's lit and gets out of control.