February 2026
Every summer, beekeepers ask the same question:
Can I use a smoker during a Fire Danger Period—and what do I need to do to stay legal and safe?
The short answer is yes, but only if you follow some very specific safety rules. These rules come from the Country Fire Authority (CFA) Act, not just from guidance notes or fact sheets.
Understanding the basics helps protect you, your bees, nearby property, and your insurance cover.
Why the Law Matters
During a declared Fire Danger Period, lighting or using fire outdoors is usually not allowed. However, the CFA Act makes an exception for certain activities, including beekeeping, if strict safety controls are followed.
In simple terms, the law treats a bee smoker as a small, controlled fire. Because of that, it must be managed very carefully.
When Can a Smoker Be Used?
The CFA Act specifically allows fire to be used for:
• extracting honey
• relocating bees
The Act doesn’t list every beekeeping activity (like routine hive inspections), but it does clearly state the safety rules that apply when fire or heat is used.
This means the same rules apply whenever a smoker is used, no matter the reason.
If you use a smoker to inspect hives, the same safety requirements still apply.
The Safety Rules You Must Follow
These are legal requirements, not optional advice.
- No Sparks or Hot Embers
Your smoker must not release sparks or hot embers that could start a fire.
Many modern smokers already do this when they are:
• in good condition
• used properly
• not overfilled or poorly lit
A separate fire-resistant guard is not required if the smoker already prevents sparks. What matters is the result, not the design.
If sparks escape and cause a fire, an offence has occurred—even if it was accidental.
- Clear the Area Around You
You must clear or wet down the ground at least 1.5 metres around where you are using the smoker.
This means:
• remove dry grass, leaves, bark, and other flammable material, or
• wet the area thoroughly so fire can’t spread
This step is easy to miss but very important.
- Have Water Ready
You must have water ready to use immediately, either:
• a mains (reticulated) water supply, or
• a knapsack or spray pump holding at least 9 litres of water, fully filled
Water in a nearby vehicle is not enough. It must be right there and ready to go.
- Never Leave a Smoker Unattended
Someone must always be present while the smoker is alight.
This means:
• don’t leave it on the ground while you walk away
• don’t leave it smouldering “just for a minute”
• make sure whoever is present can put out a fire if needed
What Does “Well-Maintained and Correctly Functioning” Mean?
This phrase is often used but rarely explained.
In plain terms, it means:
• the smoker doesn’t throw sparks
• it can be controlled safely
• it’s used with cleared ground and water nearby
If a smoker can’t do these things, it doesn’t meet the legal requirements—no matter how new or expensive it is.
Why This Is Important
The CFA Act focuses on what happens, not what you intended.
If a fire starts and the safety rules were not followed, a beekeeper may face:
• legal action
• liability for damage
• insurance problems
Although the safety requirements under the CFA Act are intended to mitigate risk, you still must always be vigilant when using fire in the open air. Even if all safety rules are followed, if a fire starts for whatever reason, you are still liable under the CFA Act for any damage sustained by another person because of that fire.
Knowing and following the rules and remaining vigilant when using a smoker is about protecting yourself as much as protecting the environment.
Important Note: Total Fire Ban Days
On a Total Fire Ban (TFB) day, using a smoker is not allowed at all unless you have a permit.
If the work is essential, a Section 40 permit must be applied for in advance through:
www.firepermits.vic.gov.au
Simple Take-Home Message
• ✔ You can use a smoker during a Fire Danger Period if all safety rules are followed
• ✔ The same rules apply for inspections, honey harvesting, or moving bees
• ✔ Prevent sparks, clear the ground, have water ready, and stay with the smoker
• ✖ Never use a smoker on a Total Fire Ban day without a permit
Good beekeeping and good fire safety go hand in hand.
When the rules are understood and followed, beekeepers can work safely, confidently, and legally—even in summer.
This article was prepared by Tony Wilsmore in partnership with the Country Fire Authority.