Bonfires

[Rich]

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?

[wee brian]

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.

[Ricardo]

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

[fred]

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

[wee brian]

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.

[Rich]

Many thanks for your responses.

[p.b.morgan]

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.

[Pip]

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.

[Firewolf]

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.