Backyard Fire Pits

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The City of Kingston’s Community Local Law No.4 Clause 210 prohibits the use of backyard fire pits. We want to know if you think this should change.

Clause 210 'A person must not light or allow to be lit or remain alight a fire in any incinerator or other structure used for the purpose of burning solid fuel materials to create heat outdoors.'

This was included in the Community Local Law to prevent smoke-related health problems. Electric and gas heating options are also considered to be more environmentally friendly.

Council wants to hear your opinions on backyard fire pits, to determine if there is support for a change to the Local Law, to allow backyard fire pits.

Further information for consideration

The City of Kingston’s Community Local Law Clause 204 prohibits fires to be lit in the open air without a permit.

Permits can be granted within designated rural, industrial or commercial areas for the purpose of fuel reduction, regeneration of indigenous plants and for eradicating weeds or diseased plants. These permits are mainly issued to large golf courses and to Kingston staff for regeneration purposes in bushland reserves.

Clause 204 does not apply to a barbecue while being used for the purpose of cooking food outdoors – so residents can have a barbeque on their property without the need for a permit. The use of pizza ovens is also allowed as the main intent of using a pizza oven is to cook food and not to create outdoor heat.

Permits may also be issued for cooking for cultural activities or enabling religious observance, under Clause 207. This means that a traditional Maori hangi can be allowed with a permit, for example.

However, Clause 208 states that any fire may not cause a nuisance by odour, smell or smoke. The Local Law also controls the placement of brick built outdoor structures such as barbecues so that they minimise the affect of any smoke/smells produced on neighbouring properties.


Have your say

We'd love to know what you think.

You can share your views by:

  • Taking part in our online survey via the link below.
  • Making a further submission by emailing info@kingston.vic.gov.au or mailing PO Box 1000, Mentone 3194.

The City of Kingston’s Community Local Law No.4 Clause 210 prohibits the use of backyard fire pits. We want to know if you think this should change.

Clause 210 'A person must not light or allow to be lit or remain alight a fire in any incinerator or other structure used for the purpose of burning solid fuel materials to create heat outdoors.'

This was included in the Community Local Law to prevent smoke-related health problems. Electric and gas heating options are also considered to be more environmentally friendly.

Council wants to hear your opinions on backyard fire pits, to determine if there is support for a change to the Local Law, to allow backyard fire pits.

Further information for consideration

The City of Kingston’s Community Local Law Clause 204 prohibits fires to be lit in the open air without a permit.

Permits can be granted within designated rural, industrial or commercial areas for the purpose of fuel reduction, regeneration of indigenous plants and for eradicating weeds or diseased plants. These permits are mainly issued to large golf courses and to Kingston staff for regeneration purposes in bushland reserves.

Clause 204 does not apply to a barbecue while being used for the purpose of cooking food outdoors – so residents can have a barbeque on their property without the need for a permit. The use of pizza ovens is also allowed as the main intent of using a pizza oven is to cook food and not to create outdoor heat.

Permits may also be issued for cooking for cultural activities or enabling religious observance, under Clause 207. This means that a traditional Maori hangi can be allowed with a permit, for example.

However, Clause 208 states that any fire may not cause a nuisance by odour, smell or smoke. The Local Law also controls the placement of brick built outdoor structures such as barbecues so that they minimise the affect of any smoke/smells produced on neighbouring properties.


Have your say

We'd love to know what you think.

You can share your views by:

  • Taking part in our online survey via the link below.
  • Making a further submission by emailing info@kingston.vic.gov.au or mailing PO Box 1000, Mentone 3194.
  • Contributions to this consultation are now closed for evaluation and review. The project team will report back on key outcomes.
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