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Fire regulations

During the driest months of the year it is good to know about the risk of forest fires, the current legislation concerning fires and the penalties people could face for lighting fires in places where this is forbidden.

 
Each autonomous region has specific regulations to prevent fires, given that these are powers which form part of their Devolution Statutes. As such, all regional governments pass their own rules and have the necessary resources for preventing and extinguishing fires.
 
The season with the greatest risk of forest fires in the majority of Spain falls within the period between 1 July and 15 October, although it starts earlier in the south of the country. The period between 1 February and 31 March can be considered to be of moderate risk, as can that between 16 October and 15 November; and the low-risk period is between 1 April and 30 June and 16 November and 31 January.
 
At least during the higher risk period it is thought necessary to enforce certain restrictions. Likewise, in recent fire-fighting campaigns specific requirements have been established for housing estates, campsites and recreational areas.
 
There are more and more human teams every summer. They are made up of squads of reserves, forestry agents, fire guards, drivers, airbase staff, expert technicians, etc. Material resources are air and land.
 
Forbidden conduct
Amongst the most widespread offences are discarding matches, cigarette butts or hot coals, camping in public mountains if you are not in an authorised area and disposing of rubbish outside authorised rubbish dumps. The use of barbecues and similar items by daytrippers in recreational areas is regulated, and totally banned during the highest risk months. In any case it is strictly forbidden to light fires in adverse weather conditions such as strong winds.
 
The regulations establish prohibitions and limitations concerning burning agricultural waste on farming land, and burning vegetable waste in forest areas. It is forbidden to burn dung and slag heaps. Only in certain regions, such as Asturias, is it permitted to burn vegetable waste from work carried out on your own land during July and October, so long as certain conditions are fulfilled. However, it is forbidden in August and September.
 
In the most recent campaigns, bonfires have continued to be banned during the highest risk periods and in the danger zones, in other words, forests and the several hundred metre strip surrounding them by way of protection. It is also forbidden to light fires on which to cook food in roadside rest areas and campsites even if they have facilities for that purpose.
 
In short, when the risk due to the heat and drought is high, it is forbidden to light a fire outdoors, in other words, when it is not done in a closed space with a roof. In extreme cases smoking is forbidden in the mountains.
 
There are also restrictions concerning the use of forest tracks, in some cases there are also plans to extend these limitations to all tracks without rights of way, as well as a general ban with reference to parking vehicles in such a way that they block the fire, supervision and inspection services access. It is also forbidden to carry fireworks in the mountains and set off firecrackers or other similar explosives near forests, with the exception of traditional fiestas with express authorisation.
 
Objective, to reduce forest fires
It must be remembered that man is the cause of most of these disasters. Current legislation provides penalties for people responsible for starting fires, even if pyromaniacs are often protected by the difficulty in proving who is responsible.
 
Fires may be deliberately started, accidental (due to a lightning bolt or to the magnifying effect of a piece of glass discarded in the countryside, etc.) or may be the result of negligence (when carrying out farming, cattle-raising, forestry or other work).
 
Article 352 of the Penal Code establishes that people who set light to mountains or forests, will be punished with one to five years imprisonment and a fine of twelve to eighteen months. If peoples lives or physical safety were endangered, this will be punished in accordance with article 351, always imposing a twelve to twenty-four month fine.
 
Aside from these penalties, the Law on Mountains and regional rules provide for the offence of burning forest plants, with fines or sanctions ranging from 100,001 to 1,000,000 euros.
 
Where negligence is concerned, article 1902 of the Civil Code states that those people who due to an act or omission cause damage to someone else through their own fault or negligence are obliged to repair the damage caused.